Beyond Litigation: Working with Special Rapporteurs, Treaty Bodies and the Inter-American Commission on Human Rights Lauren Bartlett Research & Training Director Center for Human Rights & Humanitarian Law American University Washington College of Law

Presentation Overview International, regional systems exist to protect and ensure the implementation of human rights – Universal system – Special procedures – Treaty bodies – Inter-American Commission on Human Rights

Universal System – United Nations Regional Systems – European Court of Human Rights – Inter-American Commission on Human Rights – Inter-American Court of Human Rights – African Commission on Human and Peoples’ Rights and Court on Human and People’s Rights 3 Human Rights Systems

National Mechanisms – National Human Rights Commissions – Executive Branch Organs – Federal Courts Local Mechanisms -Domestic Courts -State/City Human Rights Commissions 4

Two-Dimensions – Charter-Based – Treaty-Based 5 Universal System

United Nations Charter – Signed in 1945 – Based on post-war desire to create institution to promote security, fundamental human rights and peace – Provides operational structure and purposes for United Nations – Highlights commitment to human rights and fundamental freedoms in Preamble & Purposes 6 Charter-Based

UN General Assembly – Made up of all members of UN Security Council – Consists of five permanent members (with veto power) and ten rotating members based on regional diversity EcoSoc (Economic and Social Council) 7 Charter-Based Mechanisms

UN Human Rights Council – Formerly the UN Commission on Human Rights – Not independent experts, political appointees, represent the party/govt line Special Procedures – Working Groups – Special Rapporteurs – Independent Experts 8 More Charter-Based Mechanisms

Special Procedures Independent human rights experts Report and advise on human rights from a thematic or country-specific perspective. 39 thematic special procedures 14 country mandates Activities: – Country visits – Communications/Complaints – Reports to Human Rights Council – Other activities

Legal Aid & Special Rapporteurs Migrant Camp Access – SR on extreme poverty & human rights Post-Katrina Housing – SR on adequate housing Homeless Camps in Sacramento, CA – SR on adequate housing Water Shut-offs in Detroit – SR on human right to water & sanitation

Meetings, Technical assistance, Support

Statements E.g. Dec 5 th joint statement by SRs on Michael Brown & Eric Garner cases

Letters to Local Officials

Media

Human Rights Treaty Bodies Committees of independent experts Monitor implementation of human rights treaties – Periodic reviews – Individual complaints (US opts out) – General Comments Created in accordance with the provisions of the treaty that they monitor OHCHR supports the work of treaty bodies & Special Rapporteurs

Emerged from voluntary (horizontal) agreement of sovereign nations to draft, sign, ratify and implement treaties 16 Treaty-Based Mechanisms

UN Human Rights Treaty Bodies Human Rights Committee Committee Against Torture Committee on the Elimination of Racial Discrimination Committee on the Rights of the Child

Periodic Reviews Periodic Reviews of countries that have ratified US Reviews – Human Rights Committee: March 2014 – CERD Committee: August 2014 – CAT Committee: November 2014 – (UPR: May 2015)

Review Process Govt submits periodic report to treaty body – Govt supposed to consult with NGOs Review scheduled in Geneva Secretariat schedules deadline for NGOs to submit shadow reports Treaty body publishes list of issues NGOs submit shadow reports to treaty body

Review Process Cont’d Review takes place in Geneva – NGO consultation during review, w/o govt present – 1 st day: Govt provides introduction, treaty body questions govt – 2 nd day: Govt provides answers to treaty body Treaty Body issues “Conclusions & Recommendations”

UN Human Rights Council’s Universal Periodic Review Review of the human rights records of all UN Member States. Review of human rights record under all human rights instruments, regardless of signature or ratification. First cycle 2010 Second cycle begins in 2015 – US May 2015

European African Inter-American (ASEAN) All consist of a Commission and a Court All require exhaustion of domestic remedies before appealing to regional bodies 25 Regional Human Rights Bodies

Inter-American System Oldest regional system (established 1948) Emerged from the Organization of American States (OAS) Two-tiered system: a Commission and a Court

Inter-American System: Key Documents American Declaration on the Rights and Duties of Man (1948) – Adopted six months before the UDHR American Convention on Human Rights (1978) – Sets up compulsory jurisdiction of the Court – US has not signed the Convention (therefore only the Inter-American Commission has jurisdiction over the US)

Inter-American Commission Thematic Hearings Individual Cases Precautionary Measures Also has special procedures

National Regional Int’l Links between national, regional and global systems Global & regional protection are complementary global & regional norms require national implementation Global & regional protection if national remedies have been exhausted National norms should be consistent with global and regional standards