INTERNATIONAL HUMAN RIGHTS MECHANISMS: TREATY AND NON-TREATY MECHANISMS Wednesday Today

What are the non-treaty mechanisms? General Assembly ”Mainstreaming” of human rights Security Council Human Rights Council Sec-Gen ICJ OHCHR

”Mainstreaming” of human rights The human rights dimension must be considered in all UN activities «the issue of human rights has been designated as cutting across each of the four substantive fields of the Secretariat’s work programme” “a major task for the United Nations, therefore, is to enhance its human rights programme and fully integrate it into the broad range of the Organization’s activities”

Who sits in the Charter bodies?

General Assembly

Determined … to reaffirm faith in fundamental human rights Human rights in the UN Charter General Assembly «May discuss any questions or any matters within the scope of the present Charter» Article 10 «shall … make recommendations for the purpose of … (b) … assisting in the realization of human rights and fundamental freedoms for all» Article 13 Preamble Determined … to reaffirm faith in fundamental human rights The United Nations shall promote … universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. The purposes of the United Nations are … To achieve international co-operation in … promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; Third Committee Anything goes… Adopt HR treaty texts before being opened to State accession Art. 1 Adopt non-binding declarations Arts. 55 and 56 All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55. Country-specific or thematic resolutions Hugo Chavez, President of Venezuela calls U.S. President George W. Bush ‘the devil’ (20 Sept 2006) Review reports

Security Council

What role have human rights played in the SC? Security Council 1945-1989 Dormant period 1989-1995 Awakening period Grave human rights violations emerged as an independent and sufficient justification to act 1995-1998 Active period Human rights functions and responsibilities included in mandates of peace operations 1998-today Assertive period

OHCHR

http://www.ohchr.org/EN/Pages/WelcomePage.aspx Independent mandate to promote human rights Oversees the «mainstreaming» of human rights in UN Secretariat to Human Rights Council OHCHR Provides assistance to Member States

ICJ

May deal with any legal dispute between States Rights of individuals Not a human rights court Rights of States Traditional exception: Diplomatic protection Diallo case (2010) ICJ

Human Rights Council

Commission on Human Rights HUMAN RIGHTS COUNCIL Replaced the Commission on Human Rights The principal UN intergovernmental body responsible for human rights Membership Creation United Nations Economic & Social Council Commission on Human Rights Resolutions Working Groups Special Procedures (Appointed by Chair or UNSG) Complaints Sub-commission on (Experts) Special Procedure Recommendations Studies (NGOs) The 2005 World Summit (September 2005): Create a Human Rights Council, leaving all details to be determined by the UN General Assembly with ”open, transparent and inclusive negotiations.” Commission on Human Rights Human Rights Council Number of Members 53 47 Geographic Breakdown Africa=15 Asia=12 Eastern Europe=5 Latin America=11 Western Europe/Other=10 Africa=13 Asia=13 Eastern Europe=6 Latin America=8 Western Europe/Other=7 Meetings 6 weeks (March/April) As needed (10-week min.) Election ECOSOC General Assembly Re-election No limit 2-term limit Election Method Majority of ECOSOC Majority of UNGA Election Campaign None Voluntary pledges and commitments Suspension By 2/3 of UNGA UNGA res. 60/251 (2006) UN Sec-Gen reports «A More Secure World» and «In Larger Freedom» Commission The Commission on Human Rights (1946-2006) Election of states with dubious HR records Compromise: Non-universal membership without limitation criteria Suggested limitation criterion: Chapter VII action Suggested universal membership Recognizing the work undertaken by the Commission on Human Rights and the need to preserve and build on its achievements and to redress its shortcomings, Recognizing further that the promotion and protection of human rights should be based on the principles of cooperation and genuine dialogue and aimed at strengthening the capacity of Member States to comply with their human rights obligations for the benefit of all human beings, Council “In recent years States have sought membership of the Commission not to strengthen human rights but to protect themselves against criticism or to criticize others.” HRC Resolution 5/1 (18 June 2007) and UNGA res. 62/434 (2007): Institution-building 19 June 2006: First session of the Council

Palais des Nations, Geneva HUMAN RIGHTS COUNCIL Palais des Nations, Geneva

HUMAN RIGHTS COUNCIL Mandate: Promote and protect the human rights of people throughout the world

Universal periodic review HUMAN RIGHTS COUNCIL Functions Universal periodic review All “mandates, mechanisms, functions and responsibilities” of the Commission transferred to Council Complaints procedure Special procedures Expert advice Forum for dialogue

The most important reform Universal Periodic Review HUMAN RIGHTS COUNCIL The most important reform Universal Periodic Review Ban Ki-moon, UN Sec-Gen: The UPR is ”strong and meaningful.” It is capable of sending a ”clear message that all countries will have their human rights record and performance examined at regular intervals.” It ”has great potential to promote and protect human rights in the darkest corners of the world ” Louise Arbour, former HCHR: The UPR is a formidable response to the weaknesses of the CHR. It could ”provide a vehicle for scrutiny of the implementation of rights and norms beyond anything ever attempted by the CHR.” Joint NGO Statement: ”One of the most signficant innovations in the new HRC.”

The most important reform Universal Periodic Review HUMAN RIGHTS COUNCIL The most important reform Universal Periodic Review A country assessment mechanism All UN Member States are subject to review, once every four years Based on interactive dialogue (not confrontation)

Information considered: from State under review from UN entities HUMAN RIGHTS COUNCIL Information considered Universal Periodic Review Standards applied: UN Charter, UDHR, HR instruments, HR voluntary pledges, international humanitarian law Information considered: from State under review from UN entities from others (NGOs, NHRIs)

Universal Periodic Review HUMAN RIGHTS COUNCIL Procedure Universal Periodic Review Review conducted by the UPR Working Group (HRC) “Troika” of States acts prepares outcome report UPR Working Group considers the report Report is considered and adopted by HRC Not a “judgment” Outcome report “should be implemented”

Ratify human rights treaties HUMAN RIGHTS COUNCIL Recommendations Universal Periodic Review The State can either accept or reject recommendations Ratify human rights treaties Remove reservations to human rights treaties Review problematic policies or laws Implement specific recommendations made by UN Treaty Bodies or special procedures Example: Norway’s 2nd UPR, https://daccess-ods.un.org/TMP/6434963.34552765.html

Complaints procedures HUMAN RIGHTS COUNCIL Complaints procedures Council Commission 2006: The Council shall maintain a complaint procedure 1947: The «no power» doctrine Must address ”consistent patterns of gross and reliably attested violations of all human rights and all fundamental freedoms occurring in any part of the world and under any circumstances” Working Group on Communications 1967: The «1235 procedure» Working Group on Situations 1970: Human Rights Council in plenary session The «1503 procedure» Confidential procedure

Country-specific mandates HUMAN RIGHTS COUNCIL Special procedures Thematic mandates Country-specific mandates Special rapporteur Independent experts Working group Communications Country visits Reports Public statements