UN standards and UN standards and mechanisms…and mechanisms…and more…more…

Vitit MuntarbhornVitit MuntarbhornLaw Faculty,Law Faculty,Chulalongkorn University, Chulalongkorn University, BangkokBangkok

UN system: UN system: Human rights treaties: now 9Human rights treaties: now 9 Human Rights Council: Universal Periodic Human Rights Council: Universal Periodic

Review, post 1503 procedureReview, post 1503 procedure Special Procedures: Special RapporteursSpecial Procedures: Special Rapporteurs And more….And more….

UNSCUNSC UNGAUNGA International Court of JusticeInternational Court of Justice

Human Rights Treaties with Human Rights Treaties with Committees to monitorCommittees to monitor

Covenant on Civil and Political RightsCovenant on Civil and Political Rights “ “ on Economic, Social Cultural Rightson Economic, Social Cultural Rights Convention v Racial DiscriminationConvention v Racial Discrimination Convention v discrim/womenConvention v discrim/women Convention on child rightsConvention on child rights Convention v tortureConvention v torture Convention on migrant worker’s rightsConvention on migrant worker’s rights Convention on rights or Convention on rights or

persons/disabilitiespersons/disabilities Convention v Enforced disappearanceaConvention v Enforced disappearancea

State reportsState reports Committee recommendationsCommittee recommendations General commentsGeneral comments Communications by individuals to Communications by individuals to

some committeessome committees Field visits by someField visits by some Follow-up implem by states ?Follow-up implem by states ? Top heavy ?Top heavy ?

Human Rights CouncilHuman Rights Council

Universal Periodic ReviewUniversal Periodic Review Covers allCovers all Constructive dialogue, technical Constructive dialogue, technical

cooperationcooperation Follow-up implementation ?Follow-up implementation ? Post-1503 procedurePost-1503 procedure

Special ProceduresSpecial Procedures

Investigators/Special Rapporteurs. Investigators/Special Rapporteurs. Work is not necessarily “consensual”Work is not necessarily “consensual”

Access by victims/communicationsAccess by victims/communications Field visitsField visits Thematic and country reportsThematic and country reports Code of ConductCode of Conduct Coordination CommitteeCoordination Committee

More…More…

UN SC: pinnacle of systemUN SC: pinnacle of system VICTORS OF SECOND WORLD WARVICTORS OF SECOND WORLD WAR 5 PERMANENT MEMBERS WITH VETO 5 PERMANENT MEMBERS WITH VETO

POWERPOWER 15 SEATS15 SEATS

HIGH LEVEL PANELHIGH LEVEL PANEL UN SUMMIT 2005 OUTCOME UN SUMMIT 2005 OUTCOME

DOCUMENTDOCUMENT

NO CHANGE TO UN SCNO CHANGE TO UN SC GA ALMOST SAMEGA ALMOST SAME ECOSOC TO BE MORE OF A ECOSOC TO BE MORE OF A

DEVELOPMENT FORUMDEVELOPMENT FORUM ABOLISH TRUSTEESHIP COUNCILABOLISH TRUSTEESHIP COUNCIL

NEW ELEMENTS:NEW ELEMENTS: HUMAN RIGHTS COUNCILHUMAN RIGHTS COUNCIL PEACE BUILDING COMMISSIONPEACE BUILDING COMMISSION DEMOCRACY FUNDDEMOCRACY FUND NOTION OF RESPONSIBILITY TO NOTION OF RESPONSIBILITY TO

PROTECTPROTECT

PERVASIVE PROBLEMS: BUDGET, PERVASIVE PROBLEMS: BUDGET, MANAGEMENT, AGENCY OVERLAPSMANAGEMENT, AGENCY OVERLAPS

OUTCOME DOCUMENTOUTCOME DOCUMENT

DEVELOPMENTDEVELOPMENT PEACE AND COLLECTIVE PEACE AND COLLECTIVE

SECURITYSECURITY HUMAN RIGHTS AND RULE OF HUMAN RIGHTS AND RULE OF

LAWLAW STRENGTHENING THE UNSTRENGTHENING THE UN

DEVELOPMENTDEVELOPMENT

MILLENNIUM DEVELOPMENT GOALS MILLENNIUM DEVELOPMENT GOALS E.G. REDUCE BY HALF THOSE WITH E.G. REDUCE BY HALF THOSE WITH LESS THAN ONE DOLLAR PER LESS THAN ONE DOLLAR PER DAY/ABSOLUTE POVERTY BY 2015DAY/ABSOLUTE POVERTY BY 2015

PROMOTE FINANCING FOR PROMOTE FINANCING FOR DEVELOPMENTDEVELOPMENT

CANCEL 100PERCENT DEBT OF CANCEL 100PERCENT DEBT OF HEAVILY INDEBTED POOR HEAVILY INDEBTED POOR COUNTRIESCOUNTRIES

WORK TOWARDS DUTY FREE WORK TOWARDS DUTY FREE ACCESS FOR ALL LEAST ACCESS FOR ALL LEAST DEVELOPED COUNTRIES’ DEVELOPED COUNTRIES’ PRODUCTS TO MARKET OF PRODUCTS TO MARKET OF DEVELOPED COUNTRIESDEVELOPED COUNTRIES

PROTECT ENVIRONMENT PER RIO PROTECT ENVIRONMENT PER RIO AGENDAAGENDA

V HIVV HIV PRO GENDER EQUALITYPRO GENDER EQUALITY

PEACE/COLLECTIVE PEACE/COLLECTIVE SECURITYSECURITY

V USE OF FORCEV USE OF FORCE V TERRORISMV TERRORISM PEACEKEEPPEACEKEEP ESTABLISH PEACEBUILDING ESTABLISH PEACEBUILDING

COMMISSION AS INTERGOV COMMISSION AS INTERGOV ADVISORY BODY – ADVISORY BODY – RECONSTRUCTION, INSTITUTION-RECONSTRUCTION, INSTITUTION-BUILDBUILD

PEACE-BUILDING FUNDPEACE-BUILDING FUND SANCTIONS IMPORTANT TOOL SANCTIONS IMPORTANT TOOL

UNDER UN CHARTERUNDER UN CHARTER V TRANSNATIONAL CRIMEV TRANSNATIONAL CRIME PROTECT WOMEN AND CHILDREN PROTECT WOMEN AND CHILDREN

IN ARMED CONFLICTSIN ARMED CONFLICTS

HUMAN RIGHTS/RULE OF HUMAN RIGHTS/RULE OF LAWLAW

DEMOCRACY FUNDDEMOCRACY FUND EACH STATE HAS THE EACH STATE HAS THE

RESPONSIBILITY TO PROTECT ITS RESPONSIBILITY TO PROTECT ITS POPULATIONS FROM GENOCIDE, POPULATIONS FROM GENOCIDE, WAR CRIMES, ETHNIC CLEANSING WAR CRIMES, ETHNIC CLEANSING AND CRIMES AGAINST HUMANITYAND CRIMES AGAINST HUMANITY

SC CAN SPEARHEAD COLLECTIVE SC CAN SPEARHEAD COLLECTIVE ACTIONACTION

UN STRENGTHENINGUN STRENGTHENING

SCSC GAGA ECOSOCECOSOC HRCHRC SECRETARIAT AND MANAGEMENT SECRETARIAT AND MANAGEMENT

REFORM ( OIL FOR FOOD REFORM ( OIL FOR FOOD PROBLEM)PROBLEM)

SYSTEM WIDE COHERENCESYSTEM WIDE COHERENCE

ELIMINATE TRUSTEESHIP ELIMINATE TRUSTEESHIP COUNCILCOUNCIL

DELETE REFERENCES TO ENEMY DELETE REFERENCES TO ENEMY STATES IN UNCSTATES IN UNC

REQUEST SC TO CONSIDER REQUEST SC TO CONSIDER MANDATE OF MILITARY STAFF MANDATE OF MILITARY STAFF COMMITTEECOMMITTEE

UN Human Rights UN Human Rights CommissionCommission

53 members53 members Under ECOSOCUnder ECOSOC Main powers:- standard settingMain powers:- standard setting

Procedure 1503Procedure 1503 Procedure 1235Procedure 1235- Special Procedures: Special Rapporteurs…Special Procedures: Special Rapporteurs…- Sub-CommissionSub-Commission

IssuesIssues Credibility deficit ? Poor HR record of some Credibility deficit ? Poor HR record of some

countries/Government officials as members of countries/Government officials as members of the Commissionthe Commission

Ad hoc: one main session only per annumAd hoc: one main session only per annum OverloadOverload SlowSlow NB Office of UN High Commissioner of Human NB Office of UN High Commissioner of Human

Rights as Secretariat…programmingRights as Secretariat…programming UN Reform: - Panel of experts’ reportUN Reform: - Panel of experts’ report universal representation OR more select group ?universal representation OR more select group ?

OUTCOME Document OUTCOME Document 20052005

Agree to establish Human Rights CouncilAgree to establish Human Rights Council

ReformsReforms

47 members47 members Three sessions with at least one session Three sessions with at least one session

with 10 weekswith 10 weeks Under UN GAUnder UN GA Hopefully will reduce countries with poor Hopefully will reduce countries with poor

human rights recordshuman rights records Transition: carry over Special Procedures Transition: carry over Special Procedures

etc. subject to review: 1 yearetc. subject to review: 1 year

Details: Resolution 60/251 Details: Resolution 60/251 of UNGA (3 April 2006)of UNGA (3 April 2006)

Geneva base for HRCGeneva base for HRC Subsidiary organ of UNGASubsidiary organ of UNGA Promote HRPromote HR Address violations..gross and systematic Address violations..gross and systematic

violations and recommendationsviolations and recommendations Promote coordination in UNPromote coordination in UN

Guided by universality, impartiality, Guided by universality, impartiality, objectivity and non-selectivity, constructive objectivity and non-selectivity, constructive dialogue and cooperation..all human dialogue and cooperation..all human rights, civil, political, economic, social and rights, civil, political, economic, social and cultural, including right to developmentcultural, including right to development

MandateMandate

Promote HR education..Promote HR education.. Serve as forum for dialogue on thematic Serve as forum for dialogue on thematic

issues on HRissues on HR Recommend to GA for development of Recommend to GA for development of

international law on HRinternational law on HR Promote full implementation of HR Promote full implementation of HR

obligations..also re goals from UN obligations..also re goals from UN conferencesconferences

Undertake universal period review, based Undertake universal period review, based on objective and reliable information, of on objective and reliable information, of the fulfilment of each State of its human the fulfilment of each State of its human rights obligations and commitments…rights obligations and commitments…ensure equality of coverage and equal ensure equality of coverage and equal treatment with respect to all treatment with respect to all States….review= cooperative mechanism, States….review= cooperative mechanism, based on interactive dialogue, with full based on interactive dialogue, with full involvement of the country concerned involvement of the country concerned and…capacity building needs and…capacity building needs

Complement not duplicate work of treaty Complement not duplicate work of treaty bodiesbodies

Develop modalities re universal review, in Develop modalities re universal review, in one yearone year

Contribute through dialogue and Contribute through dialogue and cooperation, towards prevention of cooperation, towards prevention of violations and respond promptly to human violations and respond promptly to human rights violationsrights violations

Assume role of HR CommissionAssume role of HR Commission Make recommendations re promotion and Make recommendations re promotion and

protection of HRprotection of HR Submit annual report to UNGASubmit annual report to UNGA

Assume and review all mandates..in one Assume and review all mandates..in one yearyear

47 members:by majority of UNGA; 47 members:by majority of UNGA; 13 Africa13 Africa 13 Asia13 Asia East Europe: 6East Europe: 6 Latin: 8Latin: 8 West Europe etc 7West Europe etc 7

3 year term, not more than 2 consecutive 3 year term, not more than 2 consecutive termsterms

Open to all States…election: take into Open to all States…election: take into account the contribution of candidates to account the contribution of candidates to the promotion and protection of HR and the promotion and protection of HR and their voluntary pledges and commitmentstheir voluntary pledges and commitments

GA may by two thirds majority of the GA may by two thirds majority of the members present and voting: suspend members present and voting: suspend rights of membership of a member in rights of membership of a member in Council ..that commits gross and Council ..that commits gross and systematic HR violationssystematic HR violations

Members of Council subject to universal Members of Council subject to universal review mechanism during term of review mechanism during term of membershipmembership

No less than 3 sessions meeting regularly No less than 3 sessions meeting regularly throughout year..main session of not less throughout year..main session of not less than 10 weeks; possible special sessionsthan 10 weeks; possible special sessions

Apply rules of procedure of UNGA as Apply rules of procedure of UNGA as applicable…participation of observersapplicable…participation of observers

Votes..againstVotes..against

USUS IsraelIsrael Marshall islandsMarshall islands PalauPalau

Abstain: Belarus, Iran, VenezuelaAbstain: Belarus, Iran, Venezuela

Who will pay ?Who will pay ?

- Revamp ?Revamp ?- US and others to scale down contributionsUS and others to scale down contributions- Developing countries not wishing to pay Developing countries not wishing to pay

moremore

Voted in…May 2006Voted in…May 2006

13 Asian:13 Asian: Bahrain, Bangladesh, China, India, Bahrain, Bangladesh, China, India,

Indonesia, Japan, Jordan, Malaysia, Indonesia, Japan, Jordan, Malaysia, Pakistan, Philippines, Republic of Korea, Pakistan, Philippines, Republic of Korea, Saudi Arabia, Sri Lanka…Saudi Arabia, Sri Lanka…

Human Rights Record ?Human Rights Record ?

China,China, RussiaRussia Cuba…..Cuba…..

ProspectsProspects

Facilitator/Coordinator in preparation for Facilitator/Coordinator in preparation for first session June 2006first session June 2006

Chairperson, regional groupsChairperson, regional groups Agenda ? Interim measures (omnibus Agenda ? Interim measures (omnibus

resolution to extend all mandates by one resolution to extend all mandates by one year); action on working groups reports…year); action on working groups reports…adopt text of draft Convention on adopt text of draft Convention on Enforced Disappearances and Declaration Enforced Disappearances and Declaration on the Rights of Indigenous Peopleson the Rights of Indigenous Peoples

Interactive dialogue with chair of Interactive dialogue with chair of Coordination Committee of the special Coordination Committee of the special proceduresprocedures

Working group to review all mandates ? Working group to review all mandates ? What of 1503 ?What of 1503 ?

Universal review mechanismUniversal review mechanism

NBNB

OHCHR Plan of Action: more field OHCHR Plan of Action: more field oriented, national human rights protection oriented, national human rights protection system; report of High Commissionersystem; report of High Commissioner

Action 2 (etc) of UNSec Gen: integrate Action 2 (etc) of UNSec Gen: integrate recommendations of treatey bodies and recommendations of treatey bodies and special procedures into programming at special procedures into programming at national levelnational level

Rights-based approachRights-based approach

Totality of New UN Totality of New UN SystemSystem

SC…as beforeSC…as before GAGA Peace-building CommissionPeace-building Commission Democracy FundDemocracy Fund ECOSOC as development forumECOSOC as development forum UN Country teamsUN Country teams

Value added/subtractedValue added/subtracted

Higher level HR CouncilHigher level HR Council More sustained More sustained Universal ReviewUniversal Review Special Procedures continue ?Special Procedures continue ?

?? Violators on board, what if UN violates ? Violators on board, what if UN violates ?

Defamation of Religion issueDefamation of Religion issue Politicisation inevitablePoliticisation inevitable Civil Society Space and engagement ( restrategise Civil Society Space and engagement ( restrategise

to be in Geneva all year)to be in Geneva all year)

New Directions ?New Directions ?

Quality; more time… (no longer five minutes per Quality; more time… (no longer five minutes per year for UN Special Rapporteurs ?)year for UN Special Rapporteurs ?)

PreventionPrevention From standard setting to implementationFrom standard setting to implementation Urgent actionsUrgent actions Remedies for violationsRemedies for violations Cross referral to UNGA and UNSCCross referral to UNGA and UNSC More participatory forum with civil society ?More participatory forum with civil society ?

!!

Do not just wait for the StatesDo not just wait for the States Get your information and networking in Get your information and networking in

orderorder Pressure for more access and space for Pressure for more access and space for

civil societycivil society Use the totality of UN system and cross Use the totality of UN system and cross

link with UNGA and UNSClink with UNGA and UNSC Strategise to have more access and Strategise to have more access and

decentralise the UN…to the field…decentralise the UN…to the field…

OUR VOICES COUNT !OUR VOICES COUNT !