INTERNATIONAL HUMAN RIGHTS MECHANISMS: TREATYANDNON-TREATYMECHANISMS Today Next three lectures International and regional

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

”Mainstreaming” of human rights «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” The human rights dimension must be considered in all UN activities

Who sits in the Charter bodies?

General Assembly

Article 10 «May discuss any questions or any matters within the scope of the present Charter» Article 13 «shall … make recommendations for the purpose of … (b) … assisting in the realization of human rights and fundamental freedoms for all» Adopt HR treaty texts before being opened to State accession Adopt non-binding declarations Country-specific or thematic resolutions Hugo Chavez, President of Venezuela calls U.S. President George W. Bush ‘the devil’ (20 Sept 2006) Anything goes… Third Committee Review reports Human rights in the UN Charter Human rights in the UN Charter Determined … to reaffirm faith in fundamental human rights 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; Preamble Art. 1 Arts. 55 and 56 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. 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. 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.

Security Council

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

OHCHR

Secretariat to Human Rights Council Independent mandate to promote human rights Oversees the «mainstreaming» of human rights in UN Oversees the «mainstreaming» of human rights in UN Provides assistance to Member States

ICJ

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

Human Rights Council

Creation The principal UN intergovernmental body responsible for human rights Membership Commission on Human RightsHuman Rights Council Number of Members5347 Geographic BreakdownAfrica=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 Meetings6 weeks (March/April)As needed (10-week min.) ElectionECOSOCGeneral Assembly Re-electionNo limit2-term limit Election MethodMajority of ECOSOCMajority of UNGA Election CampaignNoneVoluntary pledges and commitments SuspensionNoneBy 2/3 of UNGA Replaced the Commission on Human Rights The Commission on Human Rights ( ) 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, 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.” UNGA res. 60/251 (2006) HRC Resolution 5/1 (18 June 2007) and UNGA res. 62/434 (2007): Institution-building Commission Council Election of states with dubious HR records UN Sec-Gen reports «A More Secure World» and «In Larger Freedom» “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.” Suggested universal membership Suggested limitation criterion: Chapter VII action Compromise: Non-universal membership without limitation criteria HUMAN RIGHTS COUNCIL 19 June 2006: First session of the Council

HUMAN RIGHTS COUNCIL Palais des Nations, Geneva

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

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

HUMAN RIGHTS COUNCIL Universal Periodic Review The most important reform 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.” 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.” 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 ” 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 ” Joint NGO Statement: ”One of the most signficant innovations in the new HRC.” Joint NGO Statement: ”One of the most signficant innovations in the new HRC.”

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

HUMAN RIGHTS COUNCIL Universal Periodic Review Information considered 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)

HUMAN RIGHTS COUNCIL Universal Periodic Review Procedure 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”

HUMAN RIGHTS COUNCIL Universal Periodic Review 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 The State can either accept or reject recommendations

Commission Council Complaints procedures 1947: The «no power» doctrine 1947: The «no power» doctrine 1967: The «1235 procedure» 1967: The «1235 procedure» 1970: 2006: The Council shall maintain a complaint procedure 2006: The Council shall maintain a complaint procedure 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” Confidential procedure Working Group on Communications Working Group on Situations Human Rights Council in plenary session HUMAN RIGHTS COUNCIL The «1503 procedure»

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