Unit 6
Unit 6
MACHINERY
Structure '
Objectives
Introduction
UN Human Rights Implementation Mechanisms
6.2.1 Organisations with distinguished records in human rights implementation
International Labour Organisation
The UN Office of the High Commissioner of Refugees
International Committee of the Red Cross
Role of Non-United Nation Actors
6.3.1 Role of the NGOs
6.3.2 Role of Regional Arrangements
' 6.3.3 National Institutions
6.3.4 Special Rapporteurs
How Powerful is the Human Rights Machinery?
Let Us Sum Up
Key Words
Some Useful Books
Answers to Check Your Progress Exercises
Documents
Document 1-The UN Human Rights Machinery
Document 2--Composite Chart of UN Human Rights Conventions
Document 3-UN Human Rights Conventions, Ratification status of select countries
Document &Develop Your Own Country Convention Chart
Carrying on from the previous unit, this unit discusses the UN monitoring mechanism as well as
treaty-based mechanisms for the implementation of human rights. After going through this unit,
you should be abIe to
e describe the various types of UN based and treaty-based mechanisms established for the
inplementation of human rights obligations of states,
e identify the strengths and weaknesses of these mechanisms, and
e recognise tlie role of non-TJN organisations, particularly, non-governmental and regional
human rights organisations.
6.1 INTRODUCTION .
As we saw in the previous unit, there is no single, all comprehensive international machinery for
implementation of human rights. The UN machinery for this purpose varies with the category of
rights involved, and the nature of obligations undertaken by states. As we observed, economic,
social and cultural rights have a less exacting machinery, whereas civil and political rights have
a more rigorous one. Rights unregulated by treaties have the general implementation machinery
of the United Nations, while the treaty-based rights are monitored by machinery set up by the
treaties. -In_this unit, we will exaniine the general implementation mechanism for human rights
under tlie United Nations. We will also examine the role played by the non-UN bodies such as
regional organisations and the NGOs in strengthening the human rights standards a d norms
evolved by the United Nations.
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6.2 UN W AN RTGHTS IMPLEMENTATION MECHANISMS
The general UN human rights implementation mechanism, as already seen, comprises the sub-
commissions and the commission on Human Rights, the ECOSOC and the General Assembly.
The main feature of this mechanism is its voluntary acceptance by member states. Furthermo e,
the bbligation of states to submit periodic reports to the UN Commission or other bodies is
voluntary, and these bodies have power only to make recommendations. In recent years, however,
the United Nations has appointed Working Groups and Rapporteurs to investigate specific
complaints and report to a human rights body which can seek, if necessary, further information/
explanation from the state concerned. The UN Commissioner for Human Rights assists in
investigation of human rights complaints and situations. Since 1994 the High Commissioner has
maintained a 24-hour facsimile (fax) 'hotline' for reporting human rights violations (Fax No. 41-
22-917-0092). This is accessible to victims of human rights violations, their relatives and NGOs.
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The treaty-based implementation mechanisms are legally separate from the United Nations,
although they also report to thie United Nations on their activities and these reports may form the
basis for further discussions at the United Nations. Also, the UN Centre for Human Rights and
other administrative departments of the United Nations offer technical and other assistance to
these treaty-based bodies.
The principal treaty based monitoring bodies (control committees) in operation are:
1. The Committee on Economic, Social and Cultural Rights (ECOSOC). A working group that
previously performed this function was converted and rechristened thus in 1985, under the
International Convention on Economic, Social and Cultural Rights, 1966.
2. The Human Rights Committee under the International Covenant on Civil and Political
Rights, 1966.
3. The Committee on, the Elimination of Racial Discrimination, under the International
Convention on the Elimination of Racial Discrimination, 1965.
4. The Committee on the Elimination of Discrimination against Women, under the Convention
on the Elimination of All Forms of Discririination against Women, 1979.
5. The Committee against Torture, under the Convention against Torture and Other Cruel,
Inhuman and Degrading Treatment or Punishment, 1984. .
6. The Group of Three, under the International Convention on the Suppression a d Punishment
of the Crime of Apartheid, 1973.
7. The Committee on the Rights of the Child, under the Convention on the Rights of the Child,
t
1989.
I
I
The general pattern of structure and' functioning of these bodies is as follows:
I
* States party to a treaty have a duty to submit periodic reports of information on the status
of implementation of the treaty-based human rights to the monitoring body.
@ The body then examines these reports, and the comments on them by other states and
NGOs. It may, on its own, also ask for special reports and information. It gives the state
concerned an opportunity to respond tb others' comments and also the comments of the
mo&toring body itself.
Finally, it makes its own report and recommendations to the state, and also to the relevant
bodies of the United Nations. There is so much of interaction while the body is considering
a report or information that the state is virtually put on the dock to defend its conduct in
front of the world at large. This is the touchstone of effectiveness of these monitoring
bodies in persuading states to comply with human rights standards.
Secondly, states have failed miserably in carrying out their obligation to submit reports. Many
of them fail to submit their reports at all and are tardy in making required information available.
Even when they make the reports, these reports fail to reveal more than the provisions of the
constitution and other laws. In fact, they conceal much more than they reveal.
Thirdly, the most serious defect of the UN mechanism is its political nature. It is the product of
a state system and Jt is biased in favour of that system. It has no effective power of compulsion
or sanctioning process to force a state to comply with human rights standards. Also, given the
political nature of the state systeq, each state tries to use the human rights bodies to its own
political ends. The recent persistent misuse of the UN Commission on Human Rights by Pakistan
against India explains why the UN bodies cannot be expected to look at human rights issues
impartially and with consistency in applications of standards. In view of the international politics
of human rights, nothing much can be expected of the international organisations. The effective
implementation of human rights remains under the exclusive control of states. (Even otherwise,
the national society must be the starting point of the implementatipn of human rights. The
initiative must come from within the society. Human rights conditions .cannot be imposed from
above or outside).
I
It is clear from the above discussion that the evolution of the international concern for human
rights, and also the unprecedented expansion of the human rights norms and standards enveloping
all aspects of human life, are a standing testimony to the contribution of the international
organisation to the dignity of man. During the last fifty years of UDHR, the canvas of human
rights has vastly broadened and the content greatly deepened. More people are aware of their
rights today than ever before. This is no small contribution, even if much remains to be done.
This section on the implementation of human rights would remain incomplete without mention
of two subsidiary bodies and a private organisation, which have distinguished themselves in their
good work done for the cause of human digdty.
!
i International Labour Organisation (KO)
II
The ILO has long been concerned with the labour rights of working people all over the world.
First, as a parallel organisation to the League of Nations and later, as a specialised agency of the
UN,it had developed se~iesof complex procedures for monitoring state behaviour in the area of
labour rights. It has also developed series of reasonable standards about international labour rights
pertaining to safe and healthy work environment, non-discrimination, fair wages, working hours,
child labour, freedom of association, right to organise trade unions3etc.Due to the vast segment
of human rights under its purview, LO'S record of performance remains a mixed one. Nevertheless,
in its overall performance as a watchdog of labour rights, LO'S achievement is both historic and
commendable.
'Refugees' is defined as those individuals crossing an international boundary on the basis of well-
founded fear of persecution. Such persons (refugees) have a legal right not to be returned to a
state where their lives are perceived to be in danger.
In the wake of World War Two, the refugee situation was not considered very important and the
general impression was that the problem would soon be over. But reality has proved dangerously
different. Over half a century later, refugees number about 13-15 mjllion each year with another
25 million found in. refugee-like situations. Genocides and ethnic cleansing in Rwanda and
Yugoslavia have been responsible for millions of refugees in the recent past. The workload is too
immense to be relegated to the Commission for protection of human rights. The UN Office of the
High Commissioner for Refugees is a permanent organisation with an annual budget of over $1
billion (not much when one considers the vast numbers involved) that looks after these people
in distress. UNHCR is one of the more respected UN agencies.
A private Swiss agency, ICRC performs a noble mission at times of war. Under the Geneva
Convention of 1949 and the Additional Protocol I of 1977 pertaining to armed conflict, warring
..states are supposed to appoint a neutral state as a protecting power to oversee and supervise
application of international rules. But few such neutral states have been named, leaving largely
. the task of looking after captured, wounded and sick military personnel to the ICRC.
A ,
1. If:you have lo report 3 hurnnn rights vio1;ltiori 1,) ir;i: foi' I - I ~ l ~ l i iRights,
i . - I."(,~~!::,i,;:;iollu:.r lI
you woulci fax it to:
2 Some states that arc! partids to various 1-lu~nanrights trcaties da not cixrry out tlieir obligation
to submit periodic reports. Suggest: some ways to coinpel thcsc stntcs to c o l ~ ~ pwith l y tltcir
treaty obligations.
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6.3 ROLE OF NON-UNITED NATION ACTORS
Having examined the UN implementation machinery one can see that the implementation of
human rights leaves much to be desired. Although some vital successes have been achieved, and
thanks to the UN system, human rights has become one of the watchwords since the latter half
of the twentieth century, the efficaciousness of the implementation has been flawed due to the
politics of the member states. For example, the proceedings of the UN Commission on Human
Rights gi'ves the impression that who your friends matter more than whaq your track record is.
While countries like Serbia have been issued a well-deserved condemnation, many others with
blatant human rights violation records have gone scot-free.
Besides the UN system, there are other actors in the global order like non-governmental
Organisations (NGOs) and regional inter-governmental organisations like the Council for Europe
and the Organisation of American States who have also contributed to the implementation of
human rights.
In the last two decades non-governmental organisations or NGOs have gained tremendous clout
vis a vis the issue of human rights and human rights implementation. Today these are a large
number of NGOs at both national and international levels engaged in the field of human rights.
They aqt as the unofficial guardians safeguarding people's rights against infringement by the
' state. They ensure this through diplomatic initiatives, annual reports (like those published by the
Amnesty International and Human Rights Watch).\ They also make public statements in the hope
to influence the deliberations of human rights bodies established under the UN and otlier inter-
governmental bodies. They also engage in mobilising public opinion through year-long issue
based campaigns such as the campaign Amnesty laynched on the issue of political prisoners in
Uruguay.
In the last decade a /number of NGOs have gained consultative status with inter-governmental
bodies such as the ECOSOC, the ILO, UNESCO and regional set-ups like the Council of Europe
and the Organisation of American States.
Often, NGOs are at the forefront of human rights crusades since they are more vocal in criticising
a state than other forums, when such criticism is due. However, there have been instances where
NGOs have been accused of being partisan, although this is far outweighed by their overwhelming
contribution to generating awareness about and alleviating human rights violations across the
globe.
[There is a separate block (Block V, Course 1) on NGOs involved in the field of Human
Rights, which may be referred for details] I
The member states of the Council of Europe signed the European Convention for Protection of
Human Rights and Fundamental Freedoms in 1950. Entered into force in 1953, the Convention
created two mechanisms for ensuring the compliance of member states with the provisions of the
Convention-the European Commission of Human Rights and the European Court of Human
Rights-the two most powerful inter-governmental human rights implementation mechanisms
ever in the world.
The European Convention on Human Rights reflects the civil, and political rights of the UDHR,
but no social and economic rights find mention here. Under this convention, the rights are
implemented through the Human Rights Commission and the European Court of Human Rights
(at Strasbourg). They may receive both inter-state complaints as well as an individual persons'
complaint regarding state infringement. The findings of these b p e s are binding on the states
which have no choice but to comply.
-- --
All parties have in fact complied so far-a rare phenomenon where human rights decisions are
no less effective than regular court .cases. European Convention is therefore considered to be the
most successfully implemented human rights system in the world, as compared to other agencies,
actors and instruments.
In addition to' the state complaints mechanism, all persons residing in the territory of a member
state can bring individual complaints against a state for violating the provisions of the European
Convention which provides, broadly speaking, for civil and political rights. A case is usually
admitted after screening by the European Commission and during the proceedings of the Court,
the individual may participate. Judgements once given are final and binding on all parties, and
the Committee of Ministers (a political body) sees to it that the judgements are enforced. The
significance of the European Convention derives from its procedural fairness and collective
enforcement mechanism which has seldom failed till date.
Like the European Convention system, the Organisation of American states also has an inter-
American Human Rights system in the form of American Convention on Human Rights, 1969.
This is patterned on its European counterpart but it lacks the strength of the former. Till date, the
major powers of the Americas-the United States, Mexico, Argentina and Brazil-have not
become parties to it. This is a great pity since this human rights set-up has provisions-which, if
given the binding character of the European system, would provide more advanced and
enlightened guarantees than even the European Convention.
A very important machinery for implementation of human rights is the national institution created
for this purpose. But such national institutions (like National Human Rights Commission, India)
3
have been subjected to a set of (moral) 'principles relating to the states of national institutions'
adopted in Paris in October 1991 and, subsequently, endorsed by the UN General Assembly in
1993. Known as Paris Principles, they focus on the importance of independence and pluralism,
e the capacity to receive and enquire into complaints to promote conformity of national laws and
practice with international human rights standards, to undertake h u m p right: education and
research, to encourage co-operation with the NGOs dealing with'human rights. Nearly 30
countries have now set up national institutioqs which are broadly based on the Paris Principles.
Another important machinery consists in h e working of the Special Rapporteur system. Special
Rapporteurs are appointed to examine specific cases of human rights violation on an organized
mass scale, usually in the areas of widely-felt' human deprivations. For example, we have
Rapporteurs to report on the status of Torture, Development, Shelter, Women, AIDSMIV, ethnic
cleansing in Rwanda, Bosnia etc, on racial discrimination etc. The Special Rapporteurs submit a
detailed report on the subject assigned to the Commission on Human Rights. Such reports not
only expose the perpetrators but, more importantly, become a basis for information gathering and
remedial struggles elsewhere.
Each of the six organs of the UN has human rights responsibilities (See Document 1-
'Watchdogs ...'.) Though a specialised agency devoted to development, UNDP's 1998 policy
outlines make it clear that all development works will have human rights perspective.
As mentioned above, elaborate specialised mechanisms have been created to address specific
issues relating to women, knorities, children, etc. There are now eight treaty bodies (six created
by the UN, two by the ILO) dealing with human rights issues. There are some 70 international
instruments (covenants, conventions, declarations, etc) dealing with human rights.
Two ad hoc International Tribunals have been set up to demonstrate that institutions for human
rights are vested with sufficient power, viz. those for the former Yugoslavia (May 27, 1993) and'
another for Rwanda (November 8, 1994).
Most recently, on July 17 1998, the Statute of Rome was adopted to establish an International
Criminal Court. Its aim is to end a situation in which, as Secretary General Kofi Annan observed,
'it has been easier to bring someone to justice for killing one person, than for killing 100,0002'
\
[A separate block (Block 3, Course 2) deals with human rights protection through
constitutional machinery. Particularly for the role of National Human Rights Commission,
read that block for more details.]
II.i___._~____._.___.II^__________I_____
Enforcement Mechanisms
I Principal UN Organs
1. The Security Council
2. Office of the Security Council
3. The General Assembly
4. Economic and Social Council
5. International Court of Justice
11 Major Subsidiary Bodies
1. The Human Rights Comlnission
2. International Labour Organisation
3. The High Commissioner for Refugees
4. International Committee of the Red Cross (a private agency which works in times
of armed conflict)
I11 Treaty Specific Bodies
1. The Human Rights Committee
2. The Committee on Economic, Social and Cultural Rights
3. The evolution of the international concern for human rights, and also the unprecedented
expansion of the human rights norms and standards enveloping all aspects of human lifri,
are a standing testimony to the contribution of the international organization to the dignity
of human beings. With non-governmental organizations also becoming active on the
international stage and within the states, the canvas of human rights has vastly broadened
and the content greatly deepened. More people are aware of their rights today than ever
before. This is no small contribution, even if much remains to be done.
group.
b ethnic cleansingthe mass expulsion or killing of members of one ethnic or religious group in an
area by those of another
watchword: a word or slogan which is a principle or a guide to action
flawed: having defects
efficaciousness:effectiveness
safeguards: preventive measures
standing testimony:one which has been acknowledged long since
convention: in UN language, it means treaties signed by two or more states
treaty: an international agreement between two or more states, in a written form and governed
by international law
watchdog: to act as a watchdog, i.e. guarding against undesirable practices
United Nations, World Conference on Human Rights: The Vienna Declaration and Programme
Action (June 199311995).
2. Some NGOs enjoy the status of being consulted (in times of need) by the UN Economic
and Social Council as per its 1296 (?) Resolution of May 1968. According to this
Resolution (which is under review by a Working Group of the ECOSOC), the NGO shall
be 'of representative character and of recognized international standing; it shall represent
a substantial proportion, and express the views of major sections of the population or of the
organized persons within the particular field of its competence, covering, where possible,
a substantial member of countries in different regions of the world.' The Resolution Eurther
specifies the required structure of the organization, policy-making procedures, voting rights
on the floor of deliberations and the question of financing. For a detailed view, read Unit
15 of Course I.
Watchdogs Document-I
The United Nations human-rights machinery*
* h a indicrte @nB
source UN relaticnuhip
33
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.. - - -
ASIA
UN Human Rights Conventions
(Ratification status as on April 20, 1999)
ICCPR OPICCPR ICESCR CEDAW ICERD CRC CDE ERC MF'C DC WFRC HWC* CNMW ' CCM CRSR CSTPEP SCAS CAT
Afghanistan R R
Bangladesh . R
Bhutan \
Cambodia R R
China R
Democratic People's R. .R
Rep. Of Korea R R
India R R
Indo&a
Iran R R
Japan R R
Lao People's Democratic Republic
Malaysia
maldives
Mongolia R - R R
Myanmar
Nepal R R R
Pakistan
Philippines R R R
Republic pf Korea R R R
Singapore
Sri Lanka R R R
Thailand R
Viet Nam ' R R R R R R R G
* Not ~ n t e d dinto Force
t R= Ratified or Acceded
'WESTERN ASIA
W Human Rights Conventions
(Ratification status as on April 20, 1999)
ICCPR OPICCPR ICESCR CEDAW ICERD CRC CDE ERC MPC DC WFRC HWC* (SNMW CCM CRSR CSTPEP SCAS CAT
Saudi Arabia R R R R R R R
R= Ratified or Acceded
ICCPR OPICCPR ICESCR CEDAW ICERD ClZC cDE ERC MPC DC WFRC HWC* CNMW CCM CRSR CSl'F'EP SCAS CAT
Australia R R R R R R R R R R R R R ,,R
Fiji R R R R R R R
\ .
ICCPR OPICCPR ICESCR GEDAW ICERD CRC CDE ERC MPC DC WFRC HWC* CNMW CCM CRSR CSTPEP SCAS CAT
Austria R R R R R R R R R R R R R R
Azerbaijan R R R R R R R R R R R R R R
Belgium R R R R R R R R R R R
Bosnia & Herzegovina R R R R R R R R R R R R R R R R R
\
Bulgaria R R R R R R R R R R R R R R
Croatia R R R R R R ' R R R R R R R .R R R R
Cyprus . R R R R R R R R , R R R R R R
Czech Republic R R R R R R R R R R R R R R R
Denmark R . R R R R R R R R R R R R R
Finland R R ' k R R R R R R ' R R R R R R R -
France R R R R R R R R R R R R R R
Y- R R R R R R R R R R R R R R
Greece R R R R R R R R R R R R R
Holy See R R R
Hwgw R R R R R R R R ' R R R R R R R R
Lreiand R R R R R R . R R R R R
[hiy R R R R R R R R R R R R R R
Kazakhstan R R R R R
Netherlands R - R R R R R R R R R R R R R R
Norway . R R R R R R R R R R R R ' R R R R
Poland R R R R R R R R R R R R R R R R
Portugal R R R R R R R R R R R R R R R
Romania R R R R . R R R R R R R R R R R
Russian Federation R R R R R R R R R R R R R R R
spain R R R R R R R R R R R R R R R R
Sweden R R R R R R R R R R R R R R
Switzerland R R R R : R R R R R R
W i e R . 8 R R R ' R R R R R R R R R
' r
United Kingdom R R R R R R R R R R R
- Uzbekistan R R R R R R R R R R
Yugoslavia R R R R R R R R R R R R R R R R
* = Not Entered into Force R= Ratified or Acceded ! = Not a UN member state
LATIN AMERICA
UN Human Rights Conventions
(~atificationstatus as on April 20, 1999)
ICCPR OPICCPR I(SESCR CEDAW ICERD CRC CDE ERC MPC DC WFRC HWC* CNMW CCM CRSR CSTPEP SCAS CAT
'Chile
ICCPR OPICCPR ICESCR CEDAW ICERD CRC CDE ERC MPC DC WFRC HWC* CNMW CCM CRSR CSTPEP SCAS CAT
Canada