Thank you Board of Studies… ‘INDEPENDENT AUTHORITIES’ THE ROLES OF: Intergovernmental Organisations Courts, Tribunals and Independent Statutory Authorities Intergovernmental Organisations (IGOs) create Human Rights instruments e.g. the UN is the world’s largest IGO the UN created the ICCPR, which 167 member countries have signed Some of these instruments create Courts, Tribunals and/or ‘Independent Statutory Authorities’ Thank you Board of Studies… There’s no such thing as an international ‘Independent Statutory Authority’ because there’s no such thing as an international statute (only treaties). They just couldn’t think of the international equivalent name for AN ORGANISATION THAT IS CREATED UNDER THE AUTHORITY OF A TREATY. WE’LL JUST CALL THEM ‘INDEPENDENT AUTHORITIES’

THE ROLES OF: Intergovernmental Organisations Courts, Tribunals and Independent Statutory Authorities It’s unlikely that you’ll get a question specifically about Courts OR Tribunals OR ISAs WHY? Because it’s not always clear which ones are which – THE LINES ARE BLURRED! e.g. We know that the High Court in Australia is a court – that’s all it is BUT The UN Human Rights Committee is SORT OF a court/tribunal, but was CREATED BY a treaty (the ICCPR) – it’s kind of ALL THREE

IGO United Nations Instrument (e.g. Treaty) Court, Tribunal UN Charter ICCPR ICESCR Rome Statute General Assembly Security Council Court, Tribunal or Independent Authority NOT MADE to deal with human rights issues, but has now enforced the Responsibility to Protect Human Right COUNCIL International Court of Justice Human Rights COMMITTEE Committee on Economic, Social and Cultural Rights International Criminal Court NOT MADE to deal with human rights cases in general, but DOES hear cases of crimes against humanity and genocide (which are also human rights issues) NOT REALLY a human rights court, but DOES hear cases about self-determination and human rights violations across borders Conducts periodic reviews for each country (whether they agree or not) to outline areas where countries need to act on H.R. When the Council targets countries, action is often taken. Monitors compliance with the ICCPR, but can also hear petitions (cases) from individuals from 112 of the signatory countries e.g. Toonen v Australia (1994) Monitors compliance with the ICESCR but DOES NOT hear individual cases/petitions

IGO Instrument (e.g. Treaty) Organization of American States (OAS) Council of Europe African Union (AU) Arab League ASEAN Instrument (e.g. Treaty) European Convention on Human Rights American Convention on Human Rights African Charter on Human and Peoples’ Rights Arab Charter of Human Rights Article 14 of the ASEAN Charter Court, Tribunal or Independent Authority European Court of Human Rights Inter-American Commission on Human Rights African Court of Justice and Human Rights Arab Human Rights Committee ASEAN Inter- Governmental Commission on Human Rights

The European Court of Human Rights THE ROLES OF: Intergovernmental Organisations Courts, Tribunals and Independent Statutory Authorities The European Court of Human Rights Oldest H.R. court (since 1959) Individuals and NGOs are able to bring cases where a member country of the Council of Europe has violated the European Convention on Human Rights It’s the most successful (in terms of compliance) Now facing serious problems (new members since the 90s, like Russia and Serbia, which question the authority of the Court to deal with some cases) A 70% increase in cases in the last 20 years have led to “fast-track” reforms (changes to finish cases more quickly)

The Inter-American Commission on Human Rights THE ROLES OF: Intergovernmental Organisations Courts, Tribunals and Independent Statutory Authorities The Inter-American Commission on Human Rights Since 1988, has had to deal with a lot of problems: Widespread non-compliance (or only partial compliance). No OAS country has made complete compliance with the rulings of the Commission as part of their domestic law Frequent challenges to its authority A lack of funding (the current system is actually in danger of collapsing due to the lack of resources and high number of cases (13 lawyers for 50+ cases)

For BOTH the European and American organisations… THE ROLES OF: Intergovernmental Organisations Courts, Tribunals and Independent Statutory Authorities For BOTH the European and American organisations… Compliance with payments to victims is pretty good (Europe 70%, Americas 40%+) Effectiveness is still very low (countries are not changing the way they deal with human rights, they just follow the immediate rulings)

The African Court of Justice and Human Rights THE ROLES OF: Intergovernmental Organisations Courts, Tribunals and Independent Statutory Authorities The African Court of Justice and Human Rights Since 1988 CHALLENGE: It will be working amongst some of the world’s worst Human Rights violations with many countries that have a history of ignoring the rule of law They’ve decided that individuals and NGOs will not be able to bring cases against a government (unless the state agrees to this)

The ASEAN Intergovernmental Commission on Human Rights THE ROLES OF: Intergovernmental Organisations Courts, Tribunals and Independent Statutory Authorities The ASEAN Intergovernmental Commission on Human Rights Relatively new (since 2009) Has to fight against ASEAN’s history of “non-interference” in the ‘internal’ matters of ASEAN members Decisions are made by consensus (so countries like Myanmar and Vietnam are really able to hold back the Committee) The fact that Myanmar/Burma is even a member of ASEAN doesn’t give it much credibility (given the horrific human rights abuses by its government that continue now) This Commission has been called a “toothless tiger” by many At the first meeting of the Commission, the families of massacred Filipino journalists tried bringing their case – the Commission made the decision that IT WON’T HEAR INDIVIDUAL CASES (ASEAN Human Rights Commission Stumbles at First Hurdle (2010))

The ASEAN Intergovernmental Commission on Human Rights THE ROLES OF: Intergovernmental Organisations Courts, Tribunals and Independent Statutory Authorities The ASEAN Intergovernmental Commission on Human Rights There is now an ASEAN Human Rights Declaration. Human Rights Watch says it sucks, and for lots of reasons, mainly: It’s just a Declaration (non-binding) It’s full of ‘weasel words’ that let governments get around affording people their human rights But the UN has said that it’s better than not having anything. ASEAN Human Rights Declaration: A step forward or a slide backwards (The Conversation 2012)

THE ROLES OF: OVERALL… Intergovernmental Organisations Courts, Tribunals and Independent Statutory Authorities There has been a lot of focus on the EXISTENCE of these IGOs, Courts and Authorities (YAY! We’ve GOT a court!) There has not been enough focus on COMPLIANCE and the EFFECTIVENESS of these organisations as a means of change (in terms of respect for human rights) (NO! It’s not working!) IGOs and Courts IN GENERAL have been struggling with: The massive number of new cases The endemic nature of the abuses (a lot of governments are systematically abusing human rights) The frequent challenges to their authority

Questions What is an intergovernmental organisation? Give an example of one. (slide 1) What is an independent statutory authority (or independent authority or international court)? Give an example of one. (slide 2) The UN is an IGO. What is one committee or court of the UN and which treaty is it linked to? (slide 3) What is an IGO that exists outside the UN and what is committee or court that it administers? (slide 4) Chose two IGO’s and their courts/committees and outline how effective they have been in promoting and enforcing HR internationally. (see slides 5 onwards…there is information about 4 IGO’s, just chose 2)