Human RightsHuman Rights

John von KaufmannJohn von Kaufmann

CounsellorCounsellor

Permanent Mission of Canada to Permanent Mission of Canada to

the United Nations Genevathe United Nations Geneva

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What are human rights?What are human rights?

OHCHR view:OHCHR view:

Inherent to all human beings.

We are all equally entitled to our human rights without discrimination.

obligations of Governments to act in certain ways or to refrain from certain acts.

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What are human rights?What are human rights?

The principle of universality: it is the duty of States to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems.

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Do human rights matter?Do human rights matter?

Security, development, and Security, development, and human rights are interlinked.human rights are interlinked.

“ “We will not enjoy development without We will not enjoy development without security, we will not enjoy security without security, we will not enjoy security without development, and we will not enjoy either development, and we will not enjoy either without respect for human rights.”without respect for human rights.”

In Larger FreedomIn Larger Freedom

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• Article 1(3): To promote respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

• But: Article 2(7): Nothing contained in the present Charter shall authorize the UN to intervene in matters which are essentially within the domestic jurisprudence of any state …

• Enshrines the fundamental and continuing dilemma: how to promote respect for human rights within other sovereign states?

The UN Charter

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First task of Commission on Human Rights First draft prepared by Canadian John Humphrey Non-binding but large parts incorporated into

treaties and represent customary international law Political and moral weight First comprehensive, intergovernmentally-agreed

international human rights instrument World’s most-translated document: 360+ languages Inspired domestic developments Criticisms: Western bias?

The Universal DeclarationThe Universal Declarationof Human Rights (UDHR) (1948)of Human Rights (UDHR) (1948)

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Core international human rights treatiesCore international human rights treaties ICCPR:ICCPR: International Covenant on Civil and International Covenant on Civil and

Political Rights Political Rights

ICESCR:ICESCR: International Covenant on Economic, International Covenant on Economic, Social and Cultural Rights Social and Cultural Rights

CERD:CERD: International Convention on the International Convention on the Elimination of Racial Discrimination Elimination of Racial Discrimination

CEDAW:CEDAW: Convention on the Elimination of all Convention on the Elimination of all Forms of Discrimination Against Women Forms of Discrimination Against Women

CAT:CAT: Convention against Torture and other Cruel, Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Inhuman or Degrading Treatment or Punishment

CRC:CRC: Convention on the Rights of the Child Convention on the Rights of the Child

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MWC: International Convention on Migrant WorkersMWC: International Convention on Migrant Workers

CRPD: International Convention on the Rights of CRPD: International Convention on the Rights of Persons with DisabilitiesPersons with Disabilities

CPED: International Convention on Protection of All CPED: International Convention on Protection of All Persons from Enforced Disappearances Persons from Enforced Disappearances

All States have ratified at least one, and 80% All States have ratified at least one, and 80% of States have ratified four or more, of the of States have ratified four or more, of the core human rights treaties, reflecting core human rights treaties, reflecting consent of States to binding international consent of States to binding international legal obligations and giving concrete legal obligations and giving concrete expression to universality.expression to universality.

Additional human rights instrumentsAdditional human rights instruments

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Human rights treaties: common featuresHuman rights treaties: common features Scope of application – Article 2 ICCPR: “individuals Scope of application – Article 2 ICCPR: “individuals

within its territory and subject to its jurisdiction”within its territory and subject to its jurisdiction”

Obligation – Article 2 ICESCR: “take steps … with a Obligation – Article 2 ICESCR: “take steps … with a view to achieving progressively the full realization view to achieving progressively the full realization of the rights …”of the rights …”

Rights – substantive provisionsRights – substantive provisions

Enforcement: non-bindingEnforcement: non-binding

the UN human rights treaty bodiesthe UN human rights treaty bodies

Periodic ReportingPeriodic Reporting

Complaint mechanismsComplaint mechanisms

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The UN Human Rights Treaty BodiesThe UN Human Rights Treaty Bodies Human Rights Committee (CCPR) Human Rights Committee (CCPR) Committee on Economic, Social and Cultural Committee on Economic, Social and Cultural

Rights (CESCR)Rights (CESCR) Committee on the Elimination of Racial Committee on the Elimination of Racial

Discrimination (CERD)Discrimination (CERD) Committee on the Elimination of Discrimination Committee on the Elimination of Discrimination

Against Women (CEDAW)Against Women (CEDAW) Committee Against Torture (CAT) and Committee Against Torture (CAT) and

SubCommittee on Prevention (OP-CAT)SubCommittee on Prevention (OP-CAT) Committee on the Rights of the Child (CRC) Committee on the Rights of the Child (CRC) Committee on Migrant Workers (CMW)Committee on Migrant Workers (CMW) Committee on the Protection of all Persons from Committee on the Protection of all Persons from

Enforced Disappearances andEnforced Disappearances and Committee on the Rights of Persons with Committee on the Rights of Persons with

Disabilities to be established.Disabilities to be established.

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The UN Human Rights Treaty BodiesThe UN Human Rights Treaty Bodies

Composition: Composition: independent experts elected by States Partiesindependent experts elected by States Parties

Functions:Functions: Review periodic reports by States Parties and Review periodic reports by States Parties and

issue Concluding Observationsissue Concluding Observations General CommentsGeneral Comments Complaints mechanisms (eg. ICCPR-OP1, ICERD, Complaints mechanisms (eg. ICCPR-OP1, ICERD,

CAT, OP-CEDAW)CAT, OP-CEDAW) Views/recommendations are non-binding but can Views/recommendations are non-binding but can

carry political and moral weightcarry political and moral weight Can contribute to formation of customary Can contribute to formation of customary

international lawinternational law

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The UN High Commissioner for The UN High Commissioner for Human Rights and the OHCHRHuman Rights and the OHCHR

Established by GA res 48/141 (1993) Established by GA res 48/141 (1993) Appointed by the Secretary-General and approved Appointed by the Secretary-General and approved

by the GA.by the GA.

Mandate: Mandate: Promote universal respect for all human rightsPromote universal respect for all human rights Principal responsibility for UN human rights Principal responsibility for UN human rights

activitiesactivities Reports to CHR/HRC and GAReports to CHR/HRC and GA OHCHR Capacity-building: technical cooperation OHCHR Capacity-building: technical cooperation

and advisory servicesand advisory services Advocacy and dialogueAdvocacy and dialogue

www.ohchr.orgwww.ohchr.org

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The UN High Commissioner for The UN High Commissioner for Human Rights and the OHCHRHuman Rights and the OHCHR

OHCHR Plan of Action and Strategic Management Plan 2006-2007: Greater country engagement to implement human rights

on the ground; Stronger leadership role; and closer partnerships with civil society and UN agencies.

Supports the UN human rights mechanisms, the Human Rights Council and the treaty bodies.

More than 850 staff in Geneva, NY, and approx. 50 field presences (including country offices, regional offices, human rights advisers in UN country teams and UN peace missions).

Funded from the United Nations regular budget and from voluntary contributions.

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Intergovernmental bodies:Intergovernmental bodies:

UN General Assembly:UN General Assembly: Human Rights CouncilHuman Rights Council Third CommitteeThird Committee

Economic and Social Council (NY/Geneva)Economic and Social Council (NY/Geneva) Commission on the Status of WomenCommission on the Status of Women

Security CouncilSecurity Council Deals with human rights issues and situations Deals with human rights issues and situations

that threaten international peace and securitythat threaten international peace and security Advantages: small, able to respond rapidly, Advantages: small, able to respond rapidly,

binding decisions, sanctions, enforcement actionbinding decisions, sanctions, enforcement action Disadvantages: P5 veto, no explicit human Disadvantages: P5 veto, no explicit human

rights mandaterights mandate

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The Commission on Human Rights (CHR)The Commission on Human Rights (CHR)

Established in 1946 as a subsidiary body of Established in 1946 as a subsidiary body of ECOSOCECOSOC

Eventually 53 Member States, based in GenevaEventually 53 Member States, based in Geneva One annual session (6 wks)One annual session (6 wks) Possibility of Special Sessions (East Timor, Middle Possibility of Special Sessions (East Timor, Middle

East)East) SubCommission on human rightsSubCommission on human rights Confidential ‘1503’ complaint procedureConfidential ‘1503’ complaint procedure Item 9 (serious violations) and 19 (technical Item 9 (serious violations) and 19 (technical

cooperation) country resolutionscooperation) country resolutions Working GroupsWorking Groups Special ProceduresSpecial Procedures

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The Commission on Human Rights (CHR)The Commission on Human Rights (CHR)

Accomplishments:Accomplishments: Standard setting: the international human rights Standard setting: the international human rights

framework: the UDHR, the Covenants, other framework: the UDHR, the Covenants, other treaties and instrumentstreaties and instruments

Implementation: the system of human rights Implementation: the system of human rights ‘special procedures’‘special procedures’

Focus international attention on situations (South Focus international attention on situations (South Africa, Chile, Argentina, Nigeria, DRC, Rwanda, Africa, Chile, Argentina, Nigeria, DRC, Rwanda, Iran, Burma, Chechnya, DPRK, Cuba, Belarus, Iran, Burma, Chechnya, DPRK, Cuba, Belarus, Sudan etc)Sudan etc)

Forum for dialogue including NGO participation Forum for dialogue including NGO participation from around the worldfrom around the world

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The Special ProceduresThe Special Procedures established by the CHR, assumed by the HRCestablished by the CHR, assumed by the HRC Individual ‘independent experts’, ‘special Individual ‘independent experts’, ‘special

rapporteurs’, ‘special representatives’, or ‘working rapporteurs’, ‘special representatives’, or ‘working groups’groups’

address specific country situations (10, eg Sudan, address specific country situations (10, eg Sudan, Myanmar) or thematic issues (28, eg torture, Myanmar) or thematic issues (28, eg torture, freedom of religion, food, health)freedom of religion, food, health)

Examine, monitor and report, technical advice, Examine, monitor and report, technical advice, dialoguedialogue

Respond to allegations of human rights violationsRespond to allegations of human rights violations Country visits – with consentCountry visits – with consent Independent: serve in personal capacity, no salaryIndependent: serve in personal capacity, no salary Supported by OHCHRSupported by OHCHR HRC review of mandates: new selection process with HRC review of mandates: new selection process with

criteria and screening by a ‘Consultative Group’ of criteria and screening by a ‘Consultative Group’ of States and a Code of ConductStates and a Code of Conduct

‘‘eyes and ears’eyes and ears’ Depend on cooperation by StatesDepend on cooperation by States

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The Commission on Human Rights (CHR)The Commission on Human Rights (CHR)

Criticized by developing countries for:Criticized by developing countries for: Selectivity, double standards, and Selectivity, double standards, and

politicizationpoliticization ‘‘Naming and shaming’ Naming and shaming’ ConfrontationConfrontation Neglect of needs of developing countriesNeglect of needs of developing countries Led to backlash vs country resolutionsLed to backlash vs country resolutions

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The Commission on Human Rights (CHR)The Commission on Human Rights (CHR)

Criticized by developed countries for:Criticized by developed countries for: Failing to adequately address serious Failing to adequately address serious

human rights situations human rights situations Disproportionate and unbalanced focus Disproportionate and unbalanced focus

on Israel and OPTson Israel and OPTs Did not often react to crises in a timely Did not often react to crises in a timely

manner (although warned of Rwandan manner (although warned of Rwandan genocide)genocide)

Membership included serious violators Membership included serious violators who acted to protect themselves who acted to protect themselves

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UN ReformUN Reform UN Secretary-General Kofi Annan’s March UN Secretary-General Kofi Annan’s March

2005 report ‘In Larger Freedom’ called for 2005 report ‘In Larger Freedom’ called for the establishment of a ‘Human Rights Council’ the establishment of a ‘Human Rights Council’ to replace the CHRto replace the CHR

Endorsed by leaders at 2005 UN World Endorsed by leaders at 2005 UN World SummitSummit

World Summit also committed to doubling the World Summit also committed to doubling the budget of OHCHR and recognized human budget of OHCHR and recognized human rights as one of the three pillars of the UN rights as one of the three pillars of the UN (alongside security and development)(alongside security and development)

Opportunity to attempt to remedy the Opportunity to attempt to remedy the perceived shortcomings of the CHRperceived shortcomings of the CHR

Details left to be negotiated …Details left to be negotiated …

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The Human Rights Council (HRC)The Human Rights Council (HRC) Established by Established by General Assembly resolution

60/251 of March 15, 2006 adopted by adopted by vote vote called by USA of called by USA of 170 Y170 Y - 4 N - 3 A. - 4 N - 3 A.

Preserves system of special procedures, Preserves system of special procedures, complaints procedure, expert advisory body complaints procedure, expert advisory body (all reviewed and re-negotiated), NGO (all reviewed and re-negotiated), NGO participationparticipation

Broad mandate to promote and protect Broad mandate to promote and protect human rights, address situations of violations, human rights, address situations of violations, promote coordination of human rights in UN promote coordination of human rights in UN system, development of international law, system, development of international law, preventionprevention

Emphasis on non-selectivity, dialogue and Emphasis on non-selectivity, dialogue and cooperationcooperation

First session June 2006, based in GenevaFirst session June 2006, based in Geneva

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The Human Rights Council (HRC)The Human Rights Council (HRC) Innovations:Innovations:

Virtual standing body: no fewer than 3 Virtual standing body: no fewer than 3 sessions for no less than 10 weekssessions for no less than 10 weeks

More responsive to crises: one-third More responsive to crises: one-third membership to hold special sessionsmembership to hold special sessions

Universal Periodic Review (UPR) Universal Periodic Review (UPR) Subsidiary body of GA: higher statusSubsidiary body of GA: higher status More selective membership: elected by a More selective membership: elected by a

majority of the GA, taking into account majority of the GA, taking into account contribution to human rights and pledgescontribution to human rights and pledges

2/3 majority GA can suspend members2/3 majority GA can suspend members

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Universal Periodic Review (UPR)Universal Periodic Review (UPR) Address criticism of selectivityAddress criticism of selectivity Promote implementation of human rightsPromote implementation of human rights Review the fulfilment by each of the 192 Review the fulfilment by each of the 192

UN Member States of its human rights UN Member States of its human rights obligations and commitments every 4 obligations and commitments every 4 yearsyears

Conducted by a working group of the HRC Conducted by a working group of the HRC in 3 annual sessions of 2 weeks eachin 3 annual sessions of 2 weeks each

48 countries per year, 16 per working 48 countries per year, 16 per working group sessiongroup session

Three-hour inter-active dialogueThree-hour inter-active dialogue Based on a 20-page report by the State, Based on a 20-page report by the State,

and 10-page summaries by OHCHR of and 10-page summaries by OHCHR of existing UN info, and NGO inputexisting UN info, and NGO input

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Universal Periodic Review (UPR)Universal Periodic Review (UPR) Each review to be facilitated by a ‘troika’ Each review to be facilitated by a ‘troika’

of 3 rapporteurs selected randomly from of 3 rapporteurs selected randomly from HRC MembersHRC Members

Full involvement of country concernedFull involvement of country concerned Outcome to include an assessment of Outcome to include an assessment of

human rights situation including progress human rights situation including progress and challenges, conclusions and and challenges, conclusions and recommendations, including capacity-recommendations, including capacity-buildingbuilding

Outcome to be adopted by HRC in plenaryOutcome to be adopted by HRC in plenary Complement not duplicate the work of the Complement not duplicate the work of the

treaty bodiestreaty bodies Five sessions held to date have reviewed Five sessions held to date have reviewed

80 countries80 countries

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Universal Periodic Review (UPR)Universal Periodic Review (UPR)

The launch of UPR was on the whole a success.The launch of UPR was on the whole a success.

Most countries engaged in extensive domestic Most countries engaged in extensive domestic preparations, and sent high-level delegations.preparations, and sent high-level delegations.

Positive steps already takenPositive steps already taken

Webcasting - involves people on the ground. Webcasting - involves people on the ground.

An assessment of this new mechanism will have An assessment of this new mechanism will have to give time to evaluate progress on the ground.to give time to evaluate progress on the ground.

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Universal Periodic Review (UPR)Universal Periodic Review (UPR)There already appears to be a clear added-value:There already appears to be a clear added-value:

Many human rights issues were discussed in a serious manner.Many human rights issues were discussed in a serious manner. Governments engaged on domestic human rights issues.Governments engaged on domestic human rights issues. Added political pressure to promote implementation of human Added political pressure to promote implementation of human

rightsrights Serious, systemic, and cross-cutting issues highlightedSerious, systemic, and cross-cutting issues highlighted Recommendations made which can be used to engage States.Recommendations made which can be used to engage States. Many positive steps or commitments have already been made.Many positive steps or commitments have already been made. Signature and ratification of human rights instruments;Signature and ratification of human rights instruments; agreement to visits by human rights special procedures;agreement to visits by human rights special procedures; establishment national human rights action plans and establishment national human rights action plans and

mechanisms.mechanisms. Many States engaged civil society domestically on human rights Many States engaged civil society domestically on human rights

issues, increasing awareness of human rights within issues, increasing awareness of human rights within governments and in society at large.governments and in society at large.

National human rights institutions have also seized the UPR as National human rights institutions have also seized the UPR as an opportunity to engage governments.an opportunity to engage governments.

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The Human Rights Council (HRC)The Human Rights Council (HRC)

Was reform successful?Was reform successful?

Intergovernmental body: affected by political Intergovernmental body: affected by political interests of Statesinterests of States

Change in membership to 47 (13 Asia, 13 Africa, Change in membership to 47 (13 Asia, 13 Africa, 8 GRULAC, 7 WEOG, 6 EEG) - shift in balance of 8 GRULAC, 7 WEOG, 6 EEG) - shift in balance of power to LDCspower to LDCs

Membership continues to include violators but Membership continues to include violators but Iran, Belarus, Sri Lankan candidacies defeatedIran, Belarus, Sri Lankan candidacies defeated

Regional blocs (African Group, OIC, NAM, EU) Regional blocs (African Group, OIC, NAM, EU) dominatedominate

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The Human Rights Council (HRC)The Human Rights Council (HRC)

Results:Results:

First year dominated by efforts to First year dominated by efforts to weaken mechanisms, eliminate weaken mechanisms, eliminate country mandatescountry mandates

Agenda item on OPTsAgenda item on OPTs Focus on Israel and OPTs in wake of Focus on Israel and OPTs in wake of

crises in Lebanon, Gazacrises in Lebanon, Gaza

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The Human Rights Council (HRC)The Human Rights Council (HRC)

Results:Results: Virtual standing body and UPR provide new Virtual standing body and UPR provide new

opportunities to promote human rightsopportunities to promote human rights HRC moving to address human rights HRC moving to address human rights

situations and issuessituations and issues Special Sessions: Darfur Dec. 2006, Burma Special Sessions: Darfur Dec. 2006, Burma

Oct. 2007, DRC Nov 2008, Sri Lanka May Oct. 2007, DRC Nov 2008, Sri Lanka May 2009, Food Crisis May 2008, Financial Crisis 2009, Food Crisis May 2008, Financial Crisis Feb. 2009Feb. 2009

Six special sessions on the Middle EastSix special sessions on the Middle East More than half of country resolutions on More than half of country resolutions on

Middle EastMiddle East

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ChallengesChallenges

Sovereignty vs ResponsibilitySovereignty vs Responsibility Cultural relativism vs UniversalityCultural relativism vs Universality Human rights as politicsHuman rights as politics Rights without remediesRights without remedies Collective vs individualCollective vs individual Non-state actorsNon-state actors Security vs freedom?Security vs freedom?

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Questions?Questions?