Summary: Working Group on Human Rights and Humanitarian Law

Introduction to UNHCHR Mechanisms for Human Rights

This first working group on human rights and humanitarian law started with a brief introduction to the UN mechanisms for human rights, with a special focus on the possibilities of NGO involvement. The main challenges to human rights were also illustrated. 

Ms. Diane Ala'i of Baha'i International Community started the working group with an introduction to the UN mechanisms for human rights. She outlined treaty-based mechanisms (Declaration on Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic and Social Rights, Convention on the Elimination of Racial Discrimination, Convention on the Elimination of Discrimination against Women, Convention against Torture, Convention on the Rights of the Child) and their related committees, and charter-based mechanisms (Commission and Sub-Commission on Human Rights, individual complaints procedures, special rapporteurs), also underlining the importance of the role that NGOs can play by submitting ''shadow reports'' to the appropriate committees.

Mr. Adrien Zoller of the International Service for Human Rights, then illustrated some current challenges for human rights:

1. Trade and economics: the current economic system is at the root of many human rights violations, and the links between the two should be acknowledged at the international level in economic conferences.
2. Emerging issues confronting the international community such as HIV/AIDS, the environment, access to medicine, and intellectual property rights should be included in the human rights system.
3. Humanitarian law: victims of violations of humanitarian law must be considered victims of human rights abuses.
4. International penal law: more has to be done to make states accountable for violations of human rights.
5. Politicization of the UN High Commission for Human Rights brings a loss of legitimacy to a body created to protect human rights.
6. Threats to human rights defenders are on the rise in many countries, particularly since September 11^th.
7. Reappearance of state sovereignty on the agenda: This is being seen, for example, in the attitude of the US regarding the International Criminal Court.

Problem of accountability of the UN
One participant mentioned the problem of accountability of the UN itself, accusing UN institutions of not complying with human rights treaties and thus losing credibility. However, as Ms. Ala'i explained, the UN is not an independent organization that can ratify treaties. Rather, it is a group of states. Thus, these states are responsible for not complying with the treaties they previously have ratified.

Convention against terrorism and human rights
Several participants felt that it was important to also consider as a human rights issue the restrictions of the rights of presumed terrorists after September 11^th. Mr. Zoller acknowledged the seriousness of the problem, complicated by the fact that the Convention Against Terrorism does not include a clear definition of terrorism, allowing governments to interpret the convention independently and variously.

Conclusions
Although to some it seems that UN mechanisms for the promotion and protection of human rights are weak because they lack the means for enforcement, the pressure that the international community puts on governments to respect human rights is a major achievement of the UN in this field and is currently the main instrument to effect the implementation of treaties.

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15.08_zoller_adrien-claude.doc (29 K)

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