The UNITED NATIONS SYSTEM

GENERAL ASSEMBLYInitiates studies or make recommendations for the promotion and protection of human rightsIssues Declarations which, though not legally binding but have moral force being an indicia of a global opinionProvide logistical support to statesReceive reports from treaty monitoring bodies and Economic and Social council

INTERNATIONAL COURTSInternational Court of Justice original world court established by the UN CharterInternational Criminal Court established by a separate statute in 2002

The International Court of Justice (ICJ) Situated in Hague Netherlands; it is the judicial arm of UNsettle legal disputes submitted by states under international lawrender advisory opinions submitted by international organs and agencies

The International Criminal Court (ICC) and other International Criminal Tribunalsinternational criminal court whose jurisdiction is only to complement national courtsexercises jurisdiction only when national courts are unwilling or unable to carry the investigation

The Security Counciltasked to maintain international peace and securityhas the power to set up ad hoc tribunals ( e.g. Rwanda and Yugoslavia)Where international peace and security is threatened or violated, the Security council can take enforcementHas the power to impose sanctions to violators of international legal obligations

The Economic and Social Council (ECOSOC)Has 54 member elected by the General assembly with a three year termInitiate studies and reports concerning economic, social, cultural, health, educational and other related mattersAccepts reports from treaty monitoring bodies then to the General AssemblyWorks thru sub-organs (commissions) one of which is the Human Rights Commission

Human Rights Councilformerly Human Rights Commission or Commission on Human Right which was established in 1947 with the goal of establishing the UDHRsubsidiary of the General Assemblybased in Geneva

Key Functions of Human Rights CouncilPromote Human Rights EducaitonServe as forum for dialogueMake recommendations to GAPromote the full implementation of HR obligations by member statesUndertake universal periodic reviewAssume the role of Commission of HRSubmit annual reports to the GA

Supervisory Mechanisms under the United Nations System

There are two distinctive types of supervisory measuresCharter Based MechanismTreaty Based Mechanism

Charter-Based Procedure for the Protection of HUMAN RIGHTS

COUNTRY PROCEDURE- CHR appoints Special Rapprteurs, special representatives, experts, working groups, and other envoys competent to study human rights violations in specific countries

THEMATIC PROCEDURE- CHR appoints Special Rapporteurs, special representatives, experts, working groups and other envoys who study particular HR violations around the world

DUTIES OF SPECIAL RAPPORTEURS et. al.,Undertake fact finding missionsReport annually to the HR CouncilPresent reports or recommendations to the HR CouncilReports are authoritative sources of information

ADVANTAGES OF CHARTER-BASED MECHANISMThey allow action regardless of whether a State is a party to an international human rights treaty or not, as they are based on the general human rights obligations of all UN Member States;They generally do not require the exhaustion of domestic remediesBecause of the strong political pressure attached to the mechanism they may be persuasive

TREATY BASED PROCEDURESMay be divided into four (4) main groups

Reporting ProceduresInter-State Complaint ProceduresIndividual Complaint ProceduresInquiry Procedures and On-site Visits

REPORTING PROCEDURES

All UN HR treaties include a system of periodic reporting where state parties are obliged to report periodically to a supervisory body on domestic implementation of the treaty in question

STAGES OF REPORTING PROCEDURESThe Submission of the States Report Each state party to a UN HR instrument must prepare its national report following the respective guidelines and must submit it for examination within a given timeframe;List of Issues Prior to committee session, a few members of the committee meet to identify in advance the questions that will constitute the principal focus of discussion with State representatives during the constructive dialogue;

(cont. of stages)The Constructive Dialogue States are encouraged to a present at the meeting when their reports are examined;The Concluding Observation The final phase of the examination of a state report is the drafting and adoption of the Committees Concluding Obervation.

INTER-STATE COMPLAINT PROCEDURESSome HR instruments allow state parties to initiate a procedure against another state party that is considered not to be fulfilling its obligations under rights instruments.In most cases, such a complaint may only be submitted if both the claimant and the defendant states have recognized the competence of the supervisory body to receive this type of complaint

INDIVIDUAL COMPLAINTS PROCDURESThis mechanism is included in some HR treaties of their optional protocols and allows individuals under the jurisdiction of the state to bring a complaint to the supervisory body claiming that their rights under the relevant treaty have been violatedDetermine whether the state has ratified the treaty in questionAscertain if supervisory body can receive individual complaints andAscertain if state has attached a reservation to the right in question

INQUIRY PROCEDURES AND ON-SITE VISITS

Some UN HR Treaties allow supervisory body to investigate situations that appear to constitute a consistent pattern of gross and systematic violation of HR;Based on complaints or on initiative

CONCERNS AND SHORTCOMINGS RE: TREATY BASED MECHNISMLarge backlog and delay in review of country reportsInconsistencies in the approach of different committeesHeavy reporting requirements of statesNo monetary compensation on the part of member states in making the reports