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The International Journal of Human Rights

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International Protection of Human Rights: The United Nations System

Ngozi F. Stewart a a University of Benin, Nigeria Online Publication Date: 01 January 2008

To cite this Article Stewart, Ngozi F.(2008)'International Protection of Human Rights: The United Nations System',The International

Journal of Human Rights,12:1,89 105

To link to this Article: DOI: 10.1080/13642980701725285 URL: http://dx.doi.org/10.1080/13642980701725285

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The International Journal of Human Rights Vol. 12, No. 1, 89 105, February 2008

International Protection of Human Rights: The United Nations System

NGOZI F. STEWART
University of Benin, Nigeria
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ABSTRACT Amid the threat of nuclear war and seemingly endless regional conicts, peacekeeping has become an overriding concern of the UN. In the process, its activities have emerged as the most visible role associated with the world organisation. The UN is however, much more than a peacekeeper and forum for conict resolution. Often without attracting attention, the UN and its family of agencies are engaged in a vast array of work that touches every aspect of peoples lives and the world. The focus of this paper is on the UN system of protection of human rights. The achievements of the UN notwithstanding, there remain certain loopholes which must be lled especially with respect to its enforcement mechanisms. An attempt has been made in this paper to identify those loopholes and proffer recommendations, which, in the light of certain die-hard human rights violations, are imperative.

Introduction The term human rights is difcult to dene, but generally they are regarded as those fundamental and inalienable rights which are essential for life. However, there is no consensus as to what these rights should be. An attempt at dening the term has however been made by several authors; one of such denitions refers to human rights as those rights which the international community recognizes as belonging to all individuals by the very fact of their humanity.1 These rights combine with traditional legal rights that were hither to considered to be moral or political. The Development of International Human Rights Law In the nineteenth century, the positivist doctrines of state sovereignty and domestic jurisdiction reigned supreme. Very few issues were regarded as international concern as such. Virtually all matters that today would be classied as human rights issues were at that stage, universally regarded as within the internal sphere of national jurisdiction. The major exceptions to this were related to piracy Jure gentium and slavery.2 Individuals were therefore seen mostly as aliens and nationals, not as individuals. Some protection was afforded to them as aliens. After the First World War efforts were made to protect

Correspondence Address: Ngozi F. Stewart, Lecturer, Department of Public Law, University of Benin, Benin City, Edo State, Nigeria. Email: ngozistewart@yahoo.com ISSN 1364-2987 Print/1744-053X Online/08/01008917 # 2008 Taylor & Francis DOI: 10.1080/13642980701725285

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minority groups by treaty,3 but no protection of individuals generally was attempted. Events in Europe in the 1930s and in the Second World War focused attention upon this wider question and the guarantee of human rights became one of the purposes for which the Allied powers fought. It was therefore no surprise when the realisation and protection of human rights became one of the purposes of the UN,4 and when the charter imposed obligations upon members to this end, the Charter was followed by the Universal Declaration of Human Rights and a series of multilateral treaties concluded through the UN. At a regional level, the European Convention on Human Rights 1950, the European Social Charter 1961, the American Convention on Human Rights 1969 and the African Charter on Human and Peoples Rights 1981 have been adopted; all four are now in force. There are also International Labour Conventions that contain human rights guarantees, and the four Geneva Red Cross Conventions of 1949. The Human Dimension of the nal Act of the Conference on Security and Co-operation in Europe 1975 (the Helsinki Declaration) is also relevant.5 In this paper, we shall restrict our discourse to the role of the UN system in the international protection of human rights under the following headings: . . . . . The UN in Brief; The Mechanisms Used by the UN in the International Protection of Human Rights; The Major Achievements in the International Protection of Human Rights; Challenges and Recommendations; Summary and Conclusion.

The UN in Brief The UN came into existence in 1945 in the aftermath of a devastating war to help stabilise international relations and give peace a more secure foundation. Amid the threat of nuclear war and seemingly endless regional conicts, peacekeeping has become an overriding concern of the UN, in the process, its activities have emerged as the most visible role associated with the world organisation. The UN is however, much more than a peacekeeper and forum for conict resolution. Often without attracting attention, the UN and its family of agencies are engaged in a vast array of work that touches every aspect of peoples lives around the world, namely: child survival and development, environmental protection, human rights, health and medical research, alleviation of poverty and economic development, agricultural development and sheries, education, family planning, emergency and disaster relief, air and sea travel, peaceful uses of atomic energy, labour and workers rights, the list goes on. With respect to promoting human rights, since adopting the Universal Declaration of Human Rights in 1948, the UN has helped enact dozens of comprehensive agreements on political, civil, economic, social and cultural rights. By investigating individual complaints of human rights abuses, the UN Human Rights Commission has focused world attention on cases of torture, disappearance, and arbitrary detention and has generated international pressure to be brought on governments to improve their human rights records.6 Being recognised as fundamental to the UN, human rights feature prominently in the Preamble of the Charter of the UN: . . . to reafrm faith in fundamental human rights,

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in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small . . ..7 The right to development is seen as part of a dynamic process which integrates civil, cultural, economic, political and social rights, and by which the well-being of all individuals in a society is improved. Key to the enjoyment of the right to development is the eradication of poverty, a major UN goal.8 Articles 55 and 56 of the UN Charter impose upon the UN and its members legal obligation to promote respect for and observance of human rights. UN action under Article 55 is centered largely on the UN Commission on Human Rights which was established by the Economic and Social Council (ECOSOC)9 under Article 68, UN Charter. The Commission is a highly political animal, with its initiatives and priorities reecting bloc interests as well as the human rights merits of each case. Over the years, the balance of power within the commission, and hence its agenda, has uctuated, with western states (emphasising civil and political rights) holding sway early on. Third world states (concerned with racial discrimination and self determination) prevailing from 1967 to 1980, and the West recovering ground, through effective caucusing since then. The Commissions Work has taken three distinct forms: standard setting, promotional activities, monitoring and enforcement, with each predominating for a time. The rst decade saw a concentration on standard setting, with the drafting of the Universal Declaration of Human Rights and the covenants, the latter being completed in the commission by the mid-1950s. Then less ambitious promotional activities (advisory services, regional seminars, fellowships) became the order of the day. As of the late 1960s attention turned to the monitoring and enforcement of the standards that had been set. This has occurred through the establishment within the commission of procedures to consider allegations of human rights violations by particular states and by the more recent addition of a thematic approach.10 The Universal Declaration of Human rights (UDHR) One of the rst steps taken by the UN was the adoption by the General Assembly of the Universal Declaration of Human Rights, by 48 votes to none, with eight abstentions.11 The Declaration contains a comprehensive list of civil, political economic, social and cultural rights. According to Eleanor Roosevelt, United States representative to the General Assembly and Chairman of the UN Commission on Human Rights during the drafting of the declaration, it is not, and does not purport to be a statement of law or of legal Obligation, it is instead, she continued, a common standard of achievements for all peoples of all nations.12 Despite this, the Declaration has undoubtedly had considerable impact in shaping subsequent treaties on human rights, and has been relied upon extensively by persons putting forward claims for fair treatment in terms of human rights.13 The predominant view is that the UDHR has become part of international customary Law through repeated adoption, state practice and Judicial decision.14 The Declarations laid the groundwork for more than 80 conventions and declarations on human rights including two international covenants15 (which covenants make the rights legally binding on states that are parties to them). The enormous list of conventions include: conventions to eliminate racial discrimination and discrimination against women; conventions on the rights of the child; against torture and other degrading treatment or punishment, the status of refugees, and the prevention and the punishment of the

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crime of genocide, and declarations on the rights of persons belonging to national, ethnic, religious or linguistic minorities, the right to development and the rights of human rights defenders.16 The Universal Declaration covers the range of human rights in 30 clear and concise articles. The rst two articles lay the universal foundation of human rights: human beings are equal because of their shared essence of human dignity; human rights are universal not because of any state or international organization, but because they belong to all of humanity. The two articles assure that human rights are the birthright of every one, not privileges of a select few, nor privileges to be granted or derived. Article 1 declares that all human beings are born equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2 recognises, the universal dignity of a life free from discrimination. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any Kind such as race, colour, sex, language, religion, Political or other opinion national or social origin, property, birth or other status. The rst cluster of Articles 3 to 21, set forth civil and political rights to which everyone is entitled. The right to life, liberty and personal security, recognised in Article 3, sets the base for all following political rights and civil liberties, including freedom from slavery, torture and arbitrary arrest, as well as the rights to a fair trial, free speech and free movement and privacy. The second cluster of Articles 22 to 27, set forth the economic, social and cultural rights to which all human beings are entitled. The cornerstone of these rights is Article 22, acknowledging that, as a member of society, everyone has the right to social security and is therefore entitled to the realisation of the economic, social and cultural rights indispensable for his or her dignity and free and full personal development. Five articles elaborate the rights necessary for the enjoyment of the fundamental right to social security, including economic rights related to work, fair remuneration and leisure, social rights concerning an adequate standard of living for health, well-being and education, and the right to participate in the culture life of the community. The third and nal cluster of Articles 28 to 30 provides a larger protective framework in which all human rights are to be universally enjoyed. Article 28 recognises the right to a social and international order that enables the realisation of human rights and fundamental freedoms. Article 29 acknowledges that, along with rights, human beings also have obligations to the community which also enable them to develop their individual potential freely and fully. Finally, Article 30, protects the interpretation of the articles of the Declaration from any outside interference contrary to the purposes and principles of the UN. It explicitly states that no state, group or person can claim, on the basis of the declaration, to have the right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth in the Universal Declaration.17 International Bill of Human Rights18 Once the Universal Declaration of Human Rights was adopted, the Commission of Human Rights set out to translate its principles into international treaties that protected specic rights. Given the unprecedented nature of the task, the General Assembly decided to

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draft two covenants codifying the two sets of rights outlined in the Universal Declaration: Civil and Political Rights and Economic, Social and Cultural Rights. The member states debated the individual provisions for two decades, seeking to give explicit endorsement to certain aspects of the universality of human rights only implicitly referred to in the Universal Declaration, such as the right of all peoples to self-determination, as well as reference to certain vulnerable groups, such as indigenous people and minorities. Consensus was reached in 1966 and the UN General Assembly adopted the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights that year. The preambles and Articles 1,2,3, and 5 are virtually identical in both International Covenants. Both preambles recognise that human rights derive from the inherent dignity of human beings. Article 1 of each covenant afrms that all peoples have the right of self-determination and that by virtue of that right they are free to determine their political status and to pursue their economic, social and cultural development. Article 2, in both cases, reafrms the principle of non-discrimination, echoing the Universal Declaration, while Article 3 stresses that states should ensure the equal rights of men and women to the enjoyment of all human rights. Article 5 of both covenants safeguards against the destruction or undue limitation of any human right or fundamental freedom. Two optional protocols elaborate certain provisions of the covenant on civil and political rights, one providing for complaints by individuals, the other advocating the abolition of the death penalty. When they entered into force in 1976, the two international Covenants made many of the provisions of the Universal Declaration effectively binding for states that ratied them.

International Conventions19 The following four conventions, relating to racial discrimination, torture, women and children, are considered core human rights treaties, together with the two international covenants: (i) The International Convention on the Elimination of All Forms of Racial Discrimination (adopted in 1965, entry into force 1969) was a ground-breaking treaty dening and condemning racial discrimination. Calling for national measures towards the advancement of specic racial and ethnic groups. The commission builds on the nondiscrimination provision of the UN charter. Racial discrimination is dened as: any distinction, exclusion, restriction or preference based on races, colour, descent or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal fooling, of human rights and fundamental freedoms in the political, economic, social, cultural or any other eld of public life.20 (ii) The Convention on the Elimination of All Forms of Discrimination against Women (1979/1981) species measures for the advancement and empowerment of women in private and public life, particularly in the areas of education; employment, health, marriage and the family. (iii) The Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (1984/1987) bans torture and rape as weapons of war. In 1998, in a major effort to help torture victims and to step up international attempts to end

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torture, the UN declared 26 June as the annual International Day in support of victims of torture. (iv) The Convention on the Rights of the Child (1989/1990) is the most universally ratied human rights convention. Only two member states, the United State and Somalia, are not yet parties to the Convention, which protects children, among other things from economic and sexual exploitation. Some 14 States have incorporated provisions of the Convention on the Rights of the Child into their constitutions, while 35 have passed new laws conforming to the Convention or amended laws related to child abuse, child labour and adoption. Other member states have extended the length of compulsory education, guaranteed child refugees and minority children special protection or reformed juvenile justice systems, as stipulated by the convention.
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Mechanisms used by the UN in the International Protection of Human Rights The Organisations (UN) prominent role in the protection of human rights is carried out by a number of human rights bodies. Some of which date back to the very foundation of the UN. These bodies can be divided into: charter-based bodies; and treaty-based bodies. The former derive their establishment from provisions contained in the charter of the UN, hold broad human rights mandates, address an unlimited audience and take action based on majority voting. The latter derive their existence from provisions contained in a specic legal instrument hold more narrow mandates (that is the set of issues codied in the legal instrument involved), address a limited audience (that is only those countries that have ratied the legal instrument in question) and base their decision making on consensus.21 Charter-Based Bodies (i) Commission on Human Rights: was established by the Economic and Social Commission (ECOSOC) resolution 5(i) of 16 February 1946. the Commission meets in annual and, if required, special sessions and reports to the ECOSOC. These responsibilities include making studies, preparing recommendations and drafting international instruments on human rights. Its members are representatives of member states of the UN selected by ECOSOC on the basis of equitable geographic distribution.22 The commission has established special procedures: Special rapporteurs, representatives or experts and working groups that investigate, discuss and report on specic human rights issues under a country mandate or thematic mandate.23 (ii) The Subcommission on the Promotion and Protection of Human Rights: The Subcommission was established by the Commission on Human Rights under the authority of ECOSOC resolution 9(ii) of 21 June 1946. The name was changed from Subcommission on Prevention of Discrimination and Protection of Minorities by ECOSOC decision 1999/256 of 27 July 1999. Reports are presented to the Subcommission by working groups and special rapporteurs. It has established a number of subsidiary bodies, as well as a number of thematic mechanisms. It makes recommendations to the HR commission on important issues of human rights promotion. It now has 26 experts, including seven from Africa, ve from Asia, three from Eastern Europe, ve from Latin America. As to allegations against particular states, in 1967, ECOSOC Resolution 1235 authorised the commission to examine infor-

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mation relevant to gross violations of human rights and to make a thorough study of situations which reveal a consistent pattern of violations of human rights. Resolution 1235 has provided the basis for the Commissions now well-established public procedure for the investigation of allegations of human rights violations by particular states.24 The Commission appoints a Working Group or special Rapporteur to examine the allegations made against a state and to report on the situation in a public document that is then discussed at public commission meetings. Since 1970, the public procedure under Resolution 1235, the use of which results normally from a state initiative, has been complemented by a condential procedure established under ECOSOC Resolution 1503 which authorises the consideration of communications from individuals or Non-Governmental Organisations (NGOs).25 By Resolution 1503, ECOSOC authorised the Commissions Subcommission to examine in private communications received by the United Nations Secretary General with a view to referring to the Commission situations which appear to reveal a consistent pattern of gross and reliably attested violations of human rights if a situation is referred to it under Resolution 1503, the Commission may decide to appoint an ad hoc committee to conduct an investigation which shall be undertaken only with express consent of the state Concerned. In the light of the report of any such ad hoc committee, the Commission may submit a report and recommendations to ECOSOC.26 Treaty-Based Bodies27 Treaty bodies have been set up to monitor states parties efforts to implement the provisions of the international instruments. (i) The Human Rights Committee (HRC) monitors the implementation of the ICCPR. It is composed of 18 independent experts of recognised competence in the eld of human rights and was established when the Covenant entered into force in 1976. The First Optional Protocol, which entered into force together with the Covenant, authorises the committee to consider also allegations from individuals concerning violations of their civil and political rights. The committee is also concerned with the second optional protocol on the Abolition of the Death Penalty. (ii) The Committee of Economic, Social and Cultural Rights (CESCR) monitors the International Covenant on Economic, Social and Cultural Rights. It is composed of 18 internationally recognised independent experts in the relevant elds, the committee was established by the ECOSOC in 1985, nine years after the covenant entered into force. Unlike other committees whose members are elected by the States Parties to the respective Convention and report to the General Assembly, the members of the committee on Economic, Social ad Cultural Rights are elected by ECOSOC, to which they report. (iii) The Committee on the Elimination of Racial Discrimination (CERD) monitors the implementation of the international convention on the elimination of all forms of Racial Discrimination. Composed of 18 independent experts, the committee began its work when the convention entered into force and is the oldest treaty body. (iv) The Committee on the Elimination of Discrimination against Women (CEDAW) composed of 23 independent experts; and has monitored the convention on the elimination of All Forms of Discrimination Against Women since 1981.

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(v) The Committee Against Torture (CAT) monitors the convention against torture and other cruel, inhuman or degrading treatment or punishment. Composed of 10 independent experts. The committee was established in 1987. (vi) The Committee on the Rights of the Child (CRC) composed of 10 independent experts, has monitored the Convention on the Rights of the Child since 1991. Over the years, the UN has also developed an independent and ad hoc system of nding outside the treaty framework, which is referred to as extra-conventional mechanisms or special procedures. Independent experts report in their personal capacity as special rapporteurs or as members of working groups. It allows for a more exible response to serious human rights violations than the treaty bodies. Currently, some 20 mandates monitor the human rights situation in specic countries, including Afghanistan, Burundi, Cambodia, the Democratic Republic of Congo, Equatorial Guinea, Haiti, Islamic Republic of Iran, Iraq, Myanmar, Nigeria, Rwanda, Somalia, Sudan and the former Yugoslavia.28 As an indication of the expanding signicance of this vast eld of human rights in 1993 the General Assembly, following the Vienna World Conference on Human Rights created the post of United Nations High Commissioner for Human Rights. The commissioners responsibility are very generally phrased and remain to be dened in practice. They include the following:29 (a) To promote and protect the effective enjoyment by all of all civil, cultural, economic, political and social rights; (b) To carry out the tasks assigned to him/her by the competent bodies of the UN System in the eld of Human Rights and to make recommendations to them with a view to improving the promotion and protection of all human rights. (c) To play an active role in removing the current obstacles and in meeting the challenges to the full realisation of all human rights and in preventing the continuation of human rights violations through out the world as reected in the Vienna declaration and Programme of Action. The above responsibilities of the high commissioner are to be carried out under the authority of the Secretary-General. The incumbent High Commissioner is Mary Robinson from Ireland.30 There is also the Ofce of the High Commissioner for Human Rights (UNOHCHR). In October 1997, the 52nd General Assembly adopted the proposal of Secretary-General Ko Annan to streamline the UN Secretariat for Human Rights. In this connection, the Center for Human Rights and the Ofce of the High Commission for Human Rights were merged into the ofce of the UN High Commissioners for Human Rights to be in charge of human rights issues in the UN. Its headquarters are in Geneva and there is a Branch Ofce in the UN headquarters in New York.31

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The Major Achievements in the International Protection of Human Rights The UN has been remarkably effective with respect to the protection of human rights. We shall examine some of the main achievements of the UN below.

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Under certain UN human rights treaties, individuals can appeal against states for alleged violations of their rights, subject to the fulllment of certain preconditions, including the exhaustion of all domestic remedies. In Guerrero v. Colombia 32 Colombian police raided a house in which it was thought that a kidnap victim was being detained. The victim was not found, but the police hid in the house awaiting the arrival of the suspected kidnappers. Seven persons, who were never proved to have been connected with the kidnapping, were shot without warning as they arrived at intervals at the house. The police action was justied by the government on the basis of Legislative Decree No. 0070 which, for so long as the national territory is in a state of siege, provided the police with a defence to any criminal charge arising out of acts committed in the course of operations planned with the object of preventing and curbing kidnapping. The issue was brought before the Committee for Civil and Political Rights, and the latter opined that the right enshrined in Article 6 (right to life) is the supreme right of the human being. It follows that the deprivation of life by the authorities of the state is a matter of the utmost gravity. The requirements that the right shall be protected by law and that no one shall be arbitrarily deprived of his life means that the law must strictly control and limit the circumstances in which a person may be deprived of his life by the authorities of a state. Also, in Tooner v. Australia 33 where the author alleged that the sections of the Tasmanian Criminal Code that made private homosexual conduct a criminal offence were in breach of Articles 17 and 26, ICCR (which deal with privacy and discrimination respectively). Although the author had not been prosecuted and the police had not brought any prosecutions for several years, the committee considered that the author was a victim competent to bring the communication. This was because the threat of enforcement (he was a gay rights activist and a practicing homosexual) and the pervasive impact of the continued existence of these provisions on administrative practices and public opinion had affected him and continued to affect him personally. The Human Rights Committee acting under Article 5, Paragraph 4,34 of the optional protocol of the ICCPR was of the view that the facts reveal a violation of Article 17 and as such the victim was entitled to a remedy. Its suggested remedy was the repeal of the sections of the Tasmanian Criminal Code under which the victims right was violated. Dealing with Violations of Humanitarian Law The UN promotes accountability for grave violations of international human rights and humanitarian law. Two UN International Tribunals established to deal specically with the crimes committed in the former Yugoslavia and in Rwanda, have helped bring war criminals to justice. In January 2002, the UN and the government of Sierra Leone established a Special Court to try persons for serious violations of international humanitarian and national law during that countrys decade-long civil war. The court is independent of the UN and the government. As unlike the former Yugoslavia and Rwanda tribunals, it is funded directly through voluntary contribution by Member States.35 Advancing Human Rights In addition to creating the International Bill of Rights, and drafting and adopting more than 80 conventions, declarations and other instruments on political, civil, economic social and

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cultural rights, the UN helped end the regime of apartheid (racial segregation) in place in South Africa from 1948 to 1994, through a sustained anti-apartheid campaign ranging from an arms embargo to international conventions. In 2001, the World Conference against Racism, Racial Discrimination, Xenophobia and related intolerance, meeting in Durban, South Africa, produced specic recommendations to counter the forces that threaten diversity.36 The UN has also successfully negotiated an optional protocol to its 1989 Convention on the Rights of the Child, by which states parties agree to ban the participation of children under 18 in armed conict. The optional protocol came into force in February 2002. Defending Vulnerable Groups in Society37 The UN is an advocate for societys most vulnerable groupsminorities, migrant workers, refugees, indigenous people and children in especially difcult circumstances and works to better their plight. International treaties, such as the 1989 Convention on the Rights of the Child and the 1990 Convention on the Protection of the Rights of All Migrant Workers and their Families, have been negotiated through the UN to protect vulnerable groups. Various UN mechanisms monitor compliance by States with obligations enshrined in human rights conventions on the rights of vulnerable groups, and hold countries accountable for violation.38 For instance, in 1996, many reports were received regarding the continued use of torture and ill-treatment in Nigeria. The special Rapporteur on the question of torture intervened on several occasions: on 6 May 1996. The special Rapporteur on the question of torture, Mr. Nigel Rodley transmitted a number of cases to the Government of Nigeria regarding the use of torture and other forms of ill-treatment. Referring to State Security Decree No.2 of 1984, the special Rapporteur pointed to the fact that detainees may be held indenitely, incommunicado and without opportunity to challenge the legality of their detention.39 On 17 June 1996; the special Rapporteur transmitted to the Government of Nigeria an urgent appeal for Nnimmo Bassey, Chairman of two non-governmental organisations; Environmental Rights Action and Southern Zone of the Civil Liberties Organization. According to information received he had been arrested on 5 June 1996 as he was leaving Nigeria to attend an environmental conference in Ghana. The source reported that he had been held at the Lagos headquarters of the State Security Service and then transferred to the Federal Investigations and Intelligence Bureau headquarters in Lagos. Fears had been expressed that he might be subjected to torture or other ill-treatment while in detention.40 The Human Rights Committee recommended, inter alia, that the Nigerian authorities take effective measures to prevent torture, ill-treatment and arbitrary arrest and detention by members of the security forces and to investigate any such cases in order to bring before the courts those suspected of having committed or participated in such crimes, to punish them if found guilty and to provide compensation to victims or their families.41 The UN also conducts international campaigns to raise global awareness of the problem affecting vulnerable groups, on behalf of the worlds 300 million indigenous people, the UN launched the International Year of the Worlds Indigenous people (1993) and an International Decade of the Worlds Indigenous People (1994 2004), and is negotiating a declaration on their rights. The Secretary-Generals Special Representative for children and armed conict is the main advocate for the estimated 300,000 child soldiers. The
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International Labour Organization has launched a global programme to eliminate child labour, while the UN Childrens Fund carries out projects to improve the lives of street children, working children and children in conict situations.

Promoting Equal Rights of Women The UN has been instrumental in improving the status of women by spearheading change and raising awareness of their rights throughout the world. The equal rights of women are enshrined in the preamble to the UN Charter and in the Universal Declaration of Human Rights, which legally establish gender equality as a fundamental human right. It (the UN) set international standards on womens rights and created instruments to monitor their observance around the world. In 1978 it adopted the Convention on the Elimination of All Forms of Discrimination against Womenan international Bill of rights for women and a blueprint for action by countries to guarantee those rights. Nearly 170 countries ratied the Convention, legally committing themselves to ensuring womens equality. A special UN committee of independent experts monitors implementation of the Convention.42 In Broeks v. Netherlands,43 the author was dismissed from her employment as a nurse because of illness under Dutch Social Security law, in order to receive unemployment benet beyond a certain period, she had, as a married woman, to show that she was the bread winner, a condition which did not apply to a married man. The author claimed that this discrimination was in breach of Article 26, ICCPR, which reads: All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all person equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. The Committee on Civil and Political Rights observed that the circumstances in which Mrs. Broeks found herself at the material time and the application of the then valid Netherlands law made her a victim of a violation, based on sex, of Article 26 of the ICCPR, because she was denied a social security benet on an equal footing with men. Established in 1946, the United Nations Commission on the Status of Women meets annually on matters concerning womens rights. It makes recommendations on problems requiring immediate attention and promotes international legislation in support of womens rights. The UN has helped mobilise women around the world. To focus attention on womens rights, the UN declared 1975 to be International Womens Year and 1976 1985 as the UN Decade for women. The UN has also provided a forum for women from around the world to join together to promote their rights. In 1975, it convened in Mexico City the rst global conference ever held on women, followed by world conferences in Copenhagen (1980), Nairobi (1985) and Beijing (1995).44 The conference in Beijing represented a historic attempt to overcome the traditional neglect and indifference surrounding womens human rights. The Beijing

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declaration and platform of Action underscored the obligations of governments to combat violence against womenincluding Female Genital Mutilationas a priority.45 The UN bodies are devoted exclusively to womens issues. The United Nations Development Fund for Women (UNIFEM) funds innovative development activities to benet women, especially in rural areas of the developing world. The International Research and Training Institute for the Advancement of Women (INSTRAW) uses new information technologies to support the advancement of women and their access to the information society. Support and Consolidation of Democratisation46 The UN supports democratisation in an increasing number of countries that seek its help. By providing technical assistance in preparing and holding elections, the UN has helped nearly 80 nations to consolidate the democratic process. It organised the 1993 elections in Cambodia and has sent impartial observers to ensure free and fair elections in several countriesincluding Namibia, Nicaragua, Haiti EL Salvador, South Africa and Mozambique. The UN has also helped armed opposition movements transform themselves into political parties for instance, in El Salvador, Mozambique and Guatemala. To consolidate democracy, the UN helps nations to build and strengthen wellfunctioning, accountable processes and institutionspolitical, judicial and administrative. The UN Development Programme supports democratic governance in many countries by strengthening parliamentary procedures, upgrading the judicial system and helping to ght corruption. The Ofce of the High Commissioner of Human Rights advises countries in expanding human rights laws, improving penal codes and protecting freedom of expression. The Establishment of an International Criminal Court47 An International Criminal Court has been created to deal with genocide, war crime and crimes against humanity. The establishment of such a court had long been on the UN agenda, but the appalling massacres in Cambodia, the former Yugoslavia and Rwanda made the need for it even more urgent. The statute of the court, drafted by a committee set up by the General Assembly with more than 100 member states participating, was endorsed by 120 countries at a conference held in Rome in 1998. After receiving the required 60 ratications, the court came into being on 1 July 2002. The court is not part of the UN and is accountable to countries that ratify its statute. Those countries agree to prosecute their citizens accused of such crimes under their own laws or surrender them to the court for trial. The courts statute ensures against unwarranted prosecutions. It gives precedence to national courts, requiring states parties to use their own tribunals in the rst instance. The court may intervene only when national courts are unable or unwilling to act. Moreover, prosecutors must justify their decisions on the basis of well-dened international standards, which preclude politically motivated charges. Finally, the Security Council has the authority to halt any prosecution it deems improper. As it begins functioning, it is hoped that the court will help to end impunity and deter potential war criminals.

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The enormity of the achievements of the UN in the international protection of human rights cannot be over-emphasised, however, the inability of the UN to reach its goal as far as the protection of human rights is concerned, is not unconnected to certain challenges (which we shall discuss shortly:) certain member states and independent bodies have ` -vis these challenges: suggested reforms which will be discussed vis-a (i) The Commission on Human Rights and the United Nations General Assembly: In this universal membership body, member states have equal voice no matter their record or behaviour. Representatives of 191 countries spend months debating, negotiating and voting on the same resolutions year after year. The General Assembly also presides over a maze of committees, agencies, conferences, programmes and commissions. As the Secretary-General observed, time and institutional energy urgently needed to advance the policy consensus on current or emerging issues of global importance are wasted on reports and debates that are repetitive and sterile.48 Several suggestions have been made; one of such is that the Secretary-General should be given more exibility to move positions around as needs arise, for example, establishing Inspectors-General positions as well as the initiation of programme evaluation and resultsbased budgeting. As for the Commission on Human Rights (CHR), the Secretary-General believes that a smaller council would be more effective and efcient in reacting to serious human-rights situations that require swift responses.49 The United States suggests that the CHR should be completely abolished, and replaced by a Human Rights Council, ideally composed of democracies and dedicated to monitoring, promoting, and enforcing Human Rights, and this council should coordinate its work with the democracy caucus and the UN Democracy Fund.50 With so many democracies now engaged at the UN, one might expect its bodies and work to take on more of the character, values and vision of democracies but this is not always the case. The Commission on Human Rights, for example counts among its members some human rights abusers and autocratic regimes like Cuba, Sudan and Zimbabwe.51 As the Secretary-General put it: states have sought membership in the commission not to strengthen human rights, but to protect themselves against criticism or to criticize others as a result, a credibility decit has developed, which casts a shadow on the reputation of the UN System as a whole.52 It follows that states deemed to be a threat to international peace and security and thus subject to UN Security Council (UNSC) sanctions are not in a position to make recommendations to the international community about human rights issues.

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Poverty and Global Inequities Poverty is one of the gravest human rights challenges to the UN. Whether measured against the number of people affected (over 1 billion), or in its cumulative effect across a range of human rights, the impact of poverty far surpasses other scourges. In human rights terms, poverty is both a symptom and a cause: continuing severe deprivation is a

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sign that those affected are living in a state of indignity, and thus denial of rights, and the poor and marginalized are deprived, about all, of the capacity to claim their rights. A marked characteristic of virtually all communities living in extreme poverty is that they do not have access, on equal terms, to the institutions and services of government that give effect to human rights. This inequality of access in particular to justices, is often linked to discrimination on other grounds.53 In order to change the system, there must be a sense of urgency about reform. The facts on poverty and inequity should be stimulus enough in themselves: for example, that the income gap between the top 20 per cent and the bottom 20 per cent of the worlds population has doubled between 1960 and 1990; or that 50 per cent of Africas children suffer from chronic malnutrition.54 Any global human rights agenda must give prominence, indeed priority to the poor and to the problem of poverty. The UN should contribute more effectively to efforts to eradicate poverty. This must be done by promoting rights-sensitive understandings of poverty, the application of rightsbased approaches to development, and the advancement of the right to development at the national and international levels. Accountability of Actors other than States This is a new challenge which the UN must take note of. It is widely felt that non-state actors, including transnational corporations, should be made accountable towards the world community for the consequences of their actions and activities for the human rights of (groups of) individuals. While striving to make non-state actors accountable for human rights on their territory should be preserved. Universalisation of Human Rights The process of universalisation of human rights should be further strengthened by allowing cultural diversity in the interpretation and application of human rights norms. Universality is not synonymous to uniformity. Historical, cultural and political differences are relevant on the condition of accountability and openness for genuine dialogue with the world community and on the condition that some human rights norms do not allow for cultural diversity. A case in point is the prohibition of torture. The inclusive character of human rights should also be further strengthened. Now and in the future, the struggle against discrimination on whatever ground remains at the core of the human rights system.55 Ending Genocide The United States suggests that the problem of responding effectively to genocide by the UN, comes down to three key elements: 1. Authority the UN Security Council and General Assembly should afrm the responsibility of every sovereign government to protect its own citizenry and those within its borders from genocide, mass killing and massive and sustained human rights violation.

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2. Ability the UN through its member states and other international and transnational organizations or institutions, has substantial resources that it can bring to bear to the urgent task of preventing or halting genocide, mass killing, and massive and sustained human rights violationsa full range of legal, economic, political and military tools.56 3. Action the rst key component of mobilising action is determining the potential development of genocide. In cases in which the Security Council is unable to take effective action in response to massive human rights abuses and/or genocide, regional organisations and member states may act where their action is demonstrably for humanitarian purposes.

Implementation Challenge Member States have entrusted the High Commissioner with the task of promotions and protecting the effective enjoyment of human rights. The Universal Declaration of Human Rights imposes obligations on all member states, and all of these have made specic commitment under one or more of the UN human rights treaties. It is also clear that the primary responsibility for implementing human rights lies with governments. It is through action at the national level that international human rights obligations can be translated into reality. The protection of human rights is primarily the role of states courts, police, tribunals, parliaments, national human rights commissions, over sight and inspection bodies and many others all provide the means through which human rights guarantees can be enforced. In many cases, these institutions, especially in the justice and security sectors, are weak, insufcient or corruptand too often a combination of all three. The UN should direct governments towards policy analysis; marshalling of human, nancial and other resources, commitment to the security of its citizens rights with a view to effectively protecting these rights. A Nordic study found that the UNs development work in the past 60 years was marked by overlapping and duplication of work, limited responsiveness as well as lack of transparency and accountability.57 However, at the UN at 60 summit which took place from September 14 16 2005, more than 170 presidents signed the Outcome document which contained, inter alia a fresh commitment by the UN, to effectively promote human rights. The reforms may not be easy to achieve, but if the decision makers persevere, holding on to principles, it would attain its critical goals with respect to the international protection of human rights.

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Summary and Conclusion The centrality of human rights to the broader mission of the UN is beyond doubt. The report of the Secretary General entitled in larger freedom: towards development, security and human rights for all,58 reafrms the importance of human rights as one of the three provincial goals of the UN, alongside development and security, and reminds us that the protection of human rights is essential to building a more secure and prosperous world. And yet while the UN human rights programme has made historic progress over the past 60 years, its political body is today in difculty, its monitoring role weak and the ofce of the UN High commissioner for Human Rights (OHCHR) chronically underresourced and ill equipped. In an organisation pledged to promote and protect human

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rights, this is a call to action. In a world plagued by daily assaults on dignity and freedom, it is a call to conscience.59 Notes
1. U. O. Umozurike, Introduction to International Law (Ibadan: Spectrum Law Publishing 1993), p.141. 2. M. N. Shaw, International law, 2nd ed. (London: Grotous Publications 1986), p.175. 3. Article 22 of the Covenant of the League of Nations in 1919 set up mandates system for peoples in ex-enemy colonies not yet able to stand by themselves in the strenuous conditions of the modern world. 4. Article 1 of the Charter includes in the purposes of its organisation the promotion and encouragement of respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion. 5. R. M. Wallace, International Law: Cases and Materials, 3rd ed. (London: Sweet and Maxwell 1997), p.65. 6. See generally http://www.un.org/Overview/rights.html (visited 6 November 2007). 7. Ibid. 8. Ibid. 9. Resolution 5(1) of 16 February 1946. The commission established a sub-commission on the promotion and protection of human rights under the authority of ECOSOC resolution 9(11) of June 21 1946. 10. Wallace (note 5), p.628. 11. The abstaining states were Byelorussian SSR, Czechoslovakia, Poland, Saudi Arabia, South Africa, Ukrainian SSR, Yugolavia, USSR. 12. Quoted in Wallace (note 5), p.636. 13. Ibid. 14. Umozurike (note 1), p.147. 15. One covenant deals with economic, social and cultural rights (ICESCR) and the other with Civil and political rights (ICCPR). Together with the declaration they constitute the International Bill of Human Rights. 16. See http://www.un.org/Overview/rights.html (visited 14 November 2007). 17. Ibid. 18. Ibid. p.2. 19. Ibid. p.3. 20. Quoted in M. N. Shaw (note 2), p.181. 21. http://www.un.org/Depts/dhl/resguide/spechr.htm (visited 28 August 2005). 22. Shaw (note 2), p.184. 23. See note 19. 24. Wallace (note 5), p.629. 25. Ibid. 26. Although a large number of States have been subject to the 1503 procedure, it has had qualied success. Being a private procedure, states would rather have allegations against them under the 1503, rather than risk the publicity under Resolution 1235; again, situations that have been referred by the subcommission to the Commission under 1503 have not always been considered on their merits, as bloc politics has intervened. 27. They are also known as the UN Human Rights conventional monitoring mechanisms. See http://www.un. org/rights/HRToday/hrmm.htm (visited 28 August 2005). 28. Ibid. 29. See supplement No.36 to the Ofcial Records of the General Assembly - A/59/36. 30. An Introduction to UN Human Rights Mechanism, http://www.china-un.ch/eng/rqrd/jblc/ 85087.htm (visited 6 November 2007). 31. Ibid. 32. Referred to in Wallace (note 5), p.652. 33. Ibid. p.675. 34. On competence of Human Rights Committee to receive and consider communications from individuals under its jurisdiction. 35. http://www.un.org/rights/HRToday/action.htm (visited 6 November 2007). 36. The UN has struck boldly in the direction of promoting the dissemination of knowledge about human rights, particularly in developing countries, by holding joint seminars with their government: for example, seminars

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37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49.
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50.

51. 52. 53. 54. 55.

56.

57. 58. 59.

were held in Kabul (Afghanistan) in 1964, Senegal (1966) and Tanzania in 4973, each having been devoted to the needs of the various regions concerns. Ibid. at p.2. Ibid. The Rapporteur transmitted to the Government the cases of George Mbah (a Journalist); and the nine Ogoni Community members who had been ill-treated in detention. See generally http://www.unhchr.ch/html/menu2/mexico.htm (visited 6 November 2007). Ibid. See note 30. Referred to in Wallace (note 5), p.681. See note 30. Female Genital Mutilation - A Human Rights Information Pack (1998), http://www.amnesty.org/actfor women/. See note 30, p.3. Ibid. http://www.state.gov/p/io/rls/rm/2004/35938.htm (visited 28 August 2005). http://www.un.org/Overview/rights.html (visited 6 November 2007). History may well remember last years Commission on Human Rights for its failure to take a strong stand against the tragedy unfolding in Sudans Dafur region. Ibid. The Security Council also needs reform because its permanent membership no longer reects the reality of global power, also the disproportionate inuence of the North Atlantic States undermines its credibility as an initial intervener. See note 30. See note 40. A/59/2005/Add., p.8. http://www.ncrb.unac.org/unreform/selected/UNACpaper/summary.html (visited 25 August 2005). For example, position of the UN with respect of gay marriages. The UN system needs modernization to adapt to modern realities. It will require members to take a more critical look at the regional bloc system. For instance, the fall of the Soviet Union, the enlargement of the European Union (with its members in different regional groups), the fact that a country such as Israel is denote a voice within its geographical region. Potential tools include publicity, the security councils taking action, sending a UN special envoy, applying SMART sanctions against ring leaders (travel bans, asset freezes), threat of prosecution against the leaders and their agents, suspension of UN privileges, suspension of military sales, and economic sanctions. Note 48, p.3. See (A/59/2005). Ibid.