ensuring the protection & promotion of human rights harkristuti harkrisnowo sentra ham fakultas...

Ensuring theEnsuring theProtection & Protection & Promotion of Promotion of

Human RightsHuman Rights

Harkristuti HarkrisnowoHarkristuti Harkrisnowo

Sentra HamSentra Ham

Fakultas Hukum Universitas IndonesiaFakultas Hukum Universitas Indonesia

2@copyrights harkrisnowo 2006

International Human Rights LawInternational Human Rights Law

A great number of international human A great number of international human rights treaties and other instruments have rights treaties and other instruments have been adopted by the United Nations and been adopted by the United Nations and accepted by States since 1945. accepted by States since 1945.

Other instruments have been adopted at a Other instruments have been adopted at a regional level, reflecting the particular regional level, reflecting the particular human rights concerns of the region. human rights concerns of the region.

Every State's domestic constitution or Every State's domestic constitution or other laws also formally protect basic other laws also formally protect basic human rights. human rights.

In many States, the language used to In many States, the language used to proclaim human rights has been drawn proclaim human rights has been drawn directly from international instruments.directly from international instruments.


Treaty:Treaty: its legal effect in a country's its legal effect in a country's domestic law depends on the State's legal domestic law depends on the State's legal system. In some countries, treaties are system. In some countries, treaties are "self-executing" and are considered to be "self-executing" and are considered to be superior to domestic legislation and even superior to domestic legislation and even the constitution. In other States, treaties the constitution. In other States, treaties may prevail over domestic law but not may prevail over domestic law but not over the constitution. In yet other States, over the constitution. In yet other States, a treaty will have no domestic legal effect a treaty will have no domestic legal effect unless it is formally incorporated into unless it is formally incorporated into domestic law by the appropriate domestic law by the appropriate legislative process. Whatever a treaty's legislative process. Whatever a treaty's status may be domestically, a State is status may be domestically, a State is legally bound to observe its provisions at legally bound to observe its provisions at the international level.the international level.


Customary international lawCustomary international law a widely accepted practice followed by States which a widely accepted practice followed by States which

derives from a sense of legal obligation. Because derives from a sense of legal obligation. Because customary law is, by definition, not found by looking customary law is, by definition, not found by looking at a text, there is a great deal of disagreement over at a text, there is a great deal of disagreement over its exact content. its exact content.

However, most people today would agree that, at a However, most people today would agree that, at a minimum, the following human rights norms have minimum, the following human rights norms have become part of customary law: prohibition against become part of customary law: prohibition against genocide, prohibition against slavery, prohibition genocide, prohibition against slavery, prohibition against torture and prohibition against systematic against torture and prohibition against systematic racial discrimination (such as apartheid).racial discrimination (such as apartheid).

Customary law is binding on Customary law is binding on allall States (except those States (except those that may have objected to it during its formation), that may have objected to it during its formation), whether or not they have ratified any relevant whether or not they have ratified any relevant treaty.treaty.


Declarations and resolutions Declarations and resolutions adopted by UN organsadopted by UN organs

Neither the UN General Assembly nor Neither the UN General Assembly nor other UN bodies have the authority to other UN bodies have the authority to create rules of law that are legally create rules of law that are legally binding on States.binding on States.

But they have adopted a wide range of But they have adopted a wide range of declarations, proclamations, declarations, proclamations, recommendations, guidelines, recommendations, guidelines, and and principles, which principles, which represent important represent important political and moral commitments by political and moral commitments by States that may influence their conduct of States that may influence their conduct of international relations. international relations.


State Obligations to Respect, State Obligations to Respect, Protect and Fulfill Human RightsProtect and Fulfill Human Rights

The obligation to The obligation to respect rightsrespect rights requires states to refrain requires states to refrain from any action that would interfere with citizens' from any action that would interfere with citizens' enjoyment of their rights; including actions people take in enjoyment of their rights; including actions people take in efforts to realize their rights. efforts to realize their rights.

The obligation The obligation to protect rightsto protect rights requires states to take requires states to take action to prevent violations of human rights by others. This action to prevent violations of human rights by others. This obligation involves encouraging individuals and obligation involves encouraging individuals and organizations to respect the rights of others, as well as organizations to respect the rights of others, as well as imposing sanctions for violations that are committed by imposing sanctions for violations that are committed by private individuals or organizations. private individuals or organizations.

The obligation The obligation to fulfill rightsto fulfill rights requires states to take action requires states to take action to achieve the full realization of rights. These actions can to achieve the full realization of rights. These actions can include enacting laws, implementing budgetary and include enacting laws, implementing budgetary and economic measures, or enhancing the functioning of judicial economic measures, or enhancing the functioning of judicial bodies and administrative agencies. Human rights laws also bodies and administrative agencies. Human rights laws also need to be enforced by judges who have adequate training need to be enforced by judges who have adequate training and are supported by sufficient court staff. Other and are supported by sufficient court staff. Other institutions, such as human rights commissions, an institutions, such as human rights commissions, an ombudsman, or a parliamentary commissioner, may also be ombudsman, or a parliamentary commissioner, may also be established to resolve human rights conflicts.( established to resolve human rights conflicts.(


In addition….In addition….

In March 1999 The General Assembly In March 1999 The General Assembly adopted the following Resolution:adopted the following Resolution:

Declaration on the Right and Declaration on the Right and Responsibility of Individuals, Groups Responsibility of Individuals, Groups and Organs of Society to Promote and and Organs of Society to Promote and Protect Universally Recognized Human Protect Universally Recognized Human Rights and Fundamental FreedomsRights and Fundamental Freedoms

which stipulates, among others, the which stipulates, among others, the following:following:


Article 1: Article 1: Everyone has the right, individually and in Everyone has the right, individually and in association with others, to promote and to strive for association with others, to promote and to strive for the protection and realization of human rights and the protection and realization of human rights and fundamental freedoms at the national and fundamental freedoms at the national and international levels.international levels.

Article 2Article 21. Each State has a prime responsibility and duty to 1. Each State has a prime responsibility and duty to

protect, promote and implement all human rights and protect, promote and implement all human rights and fundamental freedoms, fundamental freedoms, inter aliainter alia, by adopting such , by adopting such steps as may be necessary to create all conditions steps as may be necessary to create all conditions necessary in the social, economic, political and other necessary in the social, economic, political and other fields, as well as the legal guarantees required to fields, as well as the legal guarantees required to ensure that all persons under its jurisdiction, ensure that all persons under its jurisdiction, individually and in association with others, are able to individually and in association with others, are able to enjoy all those rights and freedoms in practice.enjoy all those rights and freedoms in practice.

2. Each State shall adopt such legislative, administrative 2. Each State shall adopt such legislative, administrative and other steps as may be necessary to ensure that and other steps as may be necessary to ensure that the rights and freedoms referred to in the present the rights and freedoms referred to in the present Declaration are effectively guaranteed.Declaration are effectively guaranteed.


Article 3Article 3Domestic law consistent with the Charter of Domestic law consistent with the Charter of the United Nations and other international the United Nations and other international obligations of the State in the field of human obligations of the State in the field of human rights and fundamental freedoms is the rights and fundamental freedoms is the juridical framework within which human rights juridical framework within which human rights and fundamental freedoms should be and fundamental freedoms should be implemented and enjoyed and within which all implemented and enjoyed and within which all activities referred to in the present Declaration activities referred to in the present Declaration for the promotion, protection and effective for the promotion, protection and effective realization of those rights and freedoms should realization of those rights and freedoms should be conducted.be conducted.


National level National level implementationimplementation

Who are the duty bearers?Who are the duty bearers? State (executive, legislative, judiciary)State (executive, legislative, judiciary) International organizationInternational organization Non Governmental Organization (NGO)Non Governmental Organization (NGO) Transnational CorporationsTransnational Corporations Civil societyCivil society

National Human Rights CommissionNational Human Rights Commission


The National Human Rights The National Human Rights CommissionCommission

Established only in some countries, based on the Paris Established only in some countries, based on the Paris Principle:Principle:

In regard to its structure, it is recommended that they In regard to its structure, it is recommended that they should: should:

(a) (a) Be so designed as to reflect in their composition, Be so designed as to reflect in their composition, wide cross-sections of the nation, thereby bringing all wide cross-sections of the nation, thereby bringing all parts of that population into the decision-making parts of that population into the decision-making process in regard to human rights; process in regard to human rights;

(b)(b) Function regularly, and that immediate access to Function regularly, and that immediate access to them should be available to any member of the public them should be available to any member of the public or any public authority; or any public authority;

(c)(c) In appropriate cases, have local or regional advisory In appropriate cases, have local or regional advisory organs to assist organs to assist


Functions of the NHRC….Functions of the NHRC….1.1. To act as a source of human rights information for the To act as a source of human rights information for the

Government and people of the country; Government and people of the country; 2.2. To assist in educating public opinion and promoting To assist in educating public opinion and promoting

awareness and respect for human rights; awareness and respect for human rights; 3.3. To consider, deliberate upon, and make To consider, deliberate upon, and make

recommendations regarding any particular state of recommendations regarding any particular state of affairs that may exist nationally and that the affairs that may exist nationally and that the Government may wish to refer to them; Government may wish to refer to them;

4.4. To advise on any questions regarding human rights To advise on any questions regarding human rights matters referred to them by the Government; matters referred to them by the Government;

5.5. To study and keep under review the status of To study and keep under review the status of legislation, judicial decisions and administrative legislation, judicial decisions and administrative arrangements for the promotion of human rights, and arrangements for the promotion of human rights, and to prepare and submit reports on these matters to the to prepare and submit reports on these matters to the appropriate authorities; appropriate authorities;

6.6. To perform any other function which the Government To perform any other function which the Government may wish to assign to them in connection with the may wish to assign to them in connection with the duties of that State under those international duties of that State under those international agreements in the field of human rights to which it is agreements in the field of human rights to which it is party. party.


NHRC’ s problems…NHRC’ s problems…

Do not have the authority to issue a legally Do not have the authority to issue a legally binding power decisionbinding power decision

Many recommendations are not followed Many recommendations are not followed up by the institutions targetedup by the institutions targeted

Lack of adequate resources (particularly in Lack of adequate resources (particularly in terms of funding and expertise on terms of funding and expertise on investigation, mediation and the like) investigation, mediation and the like)

Subject to intervention by the StateSubject to intervention by the State Selective attention to media-covered issues Selective attention to media-covered issues

or high profile casesor high profile cases


International level…International level…

United NationsUnited Nations Other International OrganizationsOther International Organizations Regional organizationsRegional organizations


Workings at the Workings at the international levelinternational level

Norm-settingNorm-setting Monitoring through:Monitoring through: Examination of state reportsExamination of state reports Receiving communications through Receiving communications through

complaint mechanism complaint mechanism (individual/interstate) (individual/interstate)

Fact-finding based on communicationsFact-finding based on communications Submitting report andSubmitting report and Recommending measuresRecommending measures


… … and for gross violation of and for gross violation of human rights: criminal human rights: criminal

prosecution:prosecution: Mostly via international prosecution : Mostly via international prosecution :

extraterritorial jurisdiction instead of extraterritorial jurisdiction instead of territorial jurisdictionterritorial jurisdiction

Role & authority of Security CouncilRole & authority of Security Council Customary nature of International Customary nature of International

Criminal LawCriminal Law Reparations for persons erroneously Reparations for persons erroneously

prosecuted: unresolvedprosecuted: unresolved


Human Rights Human Rights Instruments…Instruments…

Differ in their Differ in their legal statuslegal status. . For example, declarations, principles, For example, declarations, principles,

guidelines, standard rules and recommendations guidelines, standard rules and recommendations do not need to be ratified and do not impose do not need to be ratified and do not impose binding legal responsibilities on states that binding legal responsibilities on states that agree to them. At minimum, they have moral agree to them. At minimum, they have moral force and indicate widely accepted principles of force and indicate widely accepted principles of the international community. In fact, some are the international community. In fact, some are considered to be customary international law. considered to be customary international law.

But international treaties (covenants, protocols But international treaties (covenants, protocols and conventions), are legally binding. States and conventions), are legally binding. States that ratify or accede to them promise to abide that ratify or accede to them promise to abide by and fulfill the duties set out in the agreement. by and fulfill the duties set out in the agreement.

The United The United Nations Nations

Human Rights Human Rights Organizational Organizational

Structure Structure


If a human rights violation If a human rights violation is alleged to be is alleged to be committed….committed….

Unlike violation of law, violation of Unlike violation of law, violation of human rights are not automatically be human rights are not automatically be processed legallyprocessed legally

Various mechanism, some of the are Various mechanism, some of the are quasi judicial, other judicial, but the quasi judicial, other judicial, but the majority is non judicialmajority is non judicial

Processing of complaint depends on the Processing of complaint depends on the magnitude of the violation, victim’s magnitude of the violation, victim’s knowledge, and the availability of knowledge, and the availability of mechanismmechanism


United Nations MechanismsUnited Nations Mechanisms Charter bodiesCharter bodies Commission on Human Rights (CHR)Commission on Human Rights (CHR) Special procedures of the Commission on Human RightsSpecial procedures of the Commission on Human Rights Sub-Commission for the Promotion and Protection of Sub-Commission for the Promotion and Protection of

Human RightsHuman RightsSeven Treaty bodiesSeven Treaty bodies Human Rights Committee (HRC)Human Rights Committee (HRC) Committee on Economic, Social and Cultural Rights Committee on Economic, Social and Cultural Rights

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

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

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


TREATYTREATY SUPERVISORY BODYSUPERVISORY BODY # of MEMBERS# of MEMBERS

ICCPRICCPR Human Rights CommitteeHuman Rights Committee 18 members18 members

ICESCRICESCR Committee on Economic, Committee on Economic, Social and Cultural RightsSocial and Cultural Rights

18 members18 members

CERDCERD Committee on the Committee on the Elimination of Racial Elimination of Racial DiscriminationDiscrimination


CRCCRC Committee on the Rights of Committee on the Rights of the Childthe Child


CEDAWCEDAW Committee on the Committee on the Elimination of Discrimination Elimination of Discrimination Against WomenAgainst Women


CATCAT Committee against Torture Committee against Torture 10 members10 members

CMWCMW Committee on Migrant Committee on Migrant WorkersWorkers


Treaty-based…Treaty-based…


TYPE OF INSTRUMENTTYPE OF INSTRUMENT NAME OF NAME OF INSTRUMENTINSTRUMENT

POSSIBLE ACTION ON POSSIBLE ACTION ON VIOLATIONSVIOLATIONS

Legally-bindingLegally-binding

Equipped With Equipped With A Complain A Complain MechanismMechanism

ICCPR ICCPR

CERD CERD

CEDAW CEDAW

CAT CAT

Decisions On Formal Decisions On Formal Complaints Or Complaints Or Communications By A Communications By A Treaty BodyTreaty Body

Comment On Or Criticism Of Comment On Or Criticism Of A State's Periodic ReportA State's Periodic Report

International Instrument & International Instrument & Mechanism IMechanism I


TYPE OF TYPE OF INSTRUMENTINSTRUMENT

NAME OF NAME OF INSTRUMENTINSTRUMENT


Legally-bindingLegally-binding

Without complaints Without complaints mechanismmechanism

ICESCR ICESCR CRCCRC

Comment on or criticism Comment on or criticism of a State's periodic reportof a State's periodic report

International Instrument & International Instrument & Mechanism IIMechanism II


TYPE OF TYPE OF INSTRUMENTINSTRUMENT

NAME OF NAME OF INSTRUMENTINSTRUMENT


Not legally-Not legally-bindingbinding(only morally (only morally or politically)or politically)

UDHRUDHR DeclarationDeclaration

Basic PrinciplesBasic Principles

Standard Minimum Standard Minimum RulesRules

Public criticism by UN Public criticism by UN bodies of violations in bodies of violations in specific statesspecific states

Discussion of issues of Discussion of issues of concern concern

Development of new Development of new principles, guidelines, etc., principles, guidelines, etc., in order to influence State in order to influence State conductconduct

International Instrument & International Instrument & Mechanism IIIMechanism III


Non-conventional Non-conventional mechanismmechanism

United Nations Special Rapporteurs,United Nations Special Rapporteurs, Representatives, Representatives, Experts and Experts and Working groups, for example…Working groups, for example…


Special Rapporteurs…Special Rapporteurs… Summary or Arbitrary Executions Summary or Arbitrary Executions TortureTorture Violence against Women Violence against Women Independence of the Judiciary Independence of the Judiciary Racism Racism Freedom of Opinion and Expression Freedom of Opinion and Expression Internally Displaced Persons Internally Displaced Persons Various Country RapporteursVarious Country Rapporteurs Human Rights and Human Genome Human Rights and Human Genome Working groups: Enforced Disappearance Working groups: Enforced Disappearance


Whose mandates are Whose mandates are ……..……..

To conduct general studies and analysis on issues To conduct general studies and analysis on issues that fall within their mandatesthat fall within their mandates

To make general recommendations on how to To make general recommendations on how to prevent human rights violations and remedy the prevent human rights violations and remedy the consequencesconsequences

To receive communications (i.e. allegations about To receive communications (i.e. allegations about the violation of an individual’s human rights, made the violation of an individual’s human rights, made by individuals, governments, NGOs etc.)by individuals, governments, NGOs etc.)

To conduct communications with governments if an To conduct communications with governments if an allegation is considered as credible and falls within allegation is considered as credible and falls within its mandateits mandate

To conduct country visits to study a specific situation To conduct country visits to study a specific situation in a country, depending upon the acceptance of the in a country, depending upon the acceptance of the government concernedgovernment concerned

To submit an annual reports to HRCTo submit an annual reports to HRC


The 1503 ProcedureThe 1503 Procedure As a confidential procedure this is adopted by As a confidential procedure this is adopted by

ECOSOC in 1970 as Procedure for Dealing with ECOSOC in 1970 as Procedure for Dealing with Communications relating to Violations of Human Rights Communications relating to Violations of Human Rights and Fundamental Freedoms (reformed during the 65and Fundamental Freedoms (reformed during the 65thth session of HRC in 2000) session of HRC in 2000)

Complaints may be made against any country, even if Complaints may be made against any country, even if it is not a member of the UNit is not a member of the UN

A Working Group on Communication is designated on A Working Group on Communication is designated on a yearly basis by Sub-Commission on the Promotion a yearly basis by Sub-Commission on the Promotion and Protection of Human Rightsand Protection of Human Rights


All initial steps in the process are confidential All initial steps in the process are confidential until a situation is referred to the Economic until a situation is referred to the Economic and Social Council. and Social Council.

Since 1978, however, the Chairperson of the Since 1978, however, the Chairperson of the Commission on Human Rights has announced Commission on Human Rights has announced the names of countries that have been under the names of countries that have been under examination. Thus, if a pattern of abuses in a examination. Thus, if a pattern of abuses in a particular country remains unresolved in the particular country remains unresolved in the early stages of the process, it can be brought early stages of the process, it can be brought to the attention of the world community to the attention of the world community through the Economic and Social Council - one through the Economic and Social Council - one of the principal bodies of the United Nations. of the principal bodies of the United Nations.


Criteria for a communication to Criteria for a communication to be accepted for examinationbe accepted for examination

It does not run counter to the principles of the It does not run counter to the principles of the Charter of the United Nations or appears to be Charter of the United Nations or appears to be politically motivated. politically motivated.

There are reasonable grounds to believe - also There are reasonable grounds to believe - also taking into account any replies sent by the taking into account any replies sent by the Government concerned - that a consistent pattern Government concerned - that a consistent pattern of gross and reliably attested violations of human of gross and reliably attested violations of human rights and fundamental freedoms exists. rights and fundamental freedoms exists.

Submitted by individuals or groups who claim to be Submitted by individuals or groups who claim to be victims of human rights violations or who have victims of human rights violations or who have direct, reliable knowledge of violations. Anonymous direct, reliable knowledge of violations. Anonymous or media-based communications are inadmissible. or media-based communications are inadmissible.


Each communication must describe the facts, the Each communication must describe the facts, the purpose of the petition and the rights that have purpose of the petition and the rights that have been violated. Communications containing been violated. Communications containing abusive language or insulting remarks about the abusive language or insulting remarks about the State against which the complaint is directed will State against which the complaint is directed will not be considered. not be considered.

Domestic remedies must have been exhausted Domestic remedies must have been exhausted before a communication is considered - unless it before a communication is considered - unless it can be shown convincingly that solutions at the can be shown convincingly that solutions at the national level would be ineffective or that they national level would be ineffective or that they would extend over an unreasonable length of would extend over an unreasonable length of time. time.

REGIONAL INSTRUMENTS

INSTRUMENT INSTRUMENT POSSIBLE ACTIONSPOSSIBLE ACTIONS

European European Convention on Convention on Human RightsHuman Rights

Three institutions were entrusted with this responsibility: Three institutions were entrusted with this responsibility: the European Commission of Human Rights (set up in ’54),the European Commission of Human Rights (set up in ’54), the European Court of Human Rights (set up in 1959). the European Court of Human Rights (set up in 1959). the Committee of Ministers of the Council of Europe, the Committee of Ministers of the Council of Europe, composed of the Ministers of Foreign Affairs of the member composed of the Ministers of Foreign Affairs of the member States or their representatives.States or their representatives. Complaints could be filed by individual, group of individual Complaints could be filed by individual, group of individual or other Contracting State, against a Contracting Stateor other Contracting State, against a Contracting State

European European Framework Framework Convention for Convention for the Protection of the Protection of National National MinoritiesMinorities

Periodic state reports filed by parties; conclusions and Periodic state reports filed by parties; conclusions and recommendations adopted by Council of Europe, Council of recommendations adopted by Council of Europe, Council of Ministers, based on opinions submitted to it by an Advisory Ministers, based on opinions submitted to it by an Advisory Committee. The Advisory Committee usually conducts an Committee. The Advisory Committee usually conducts an on-site mission and consults with non-governmental groups on-site mission and consults with non-governmental groups and others when it considers State reports; all actions are and others when it considers State reports; all actions are normally made public.normally made public.

European Charter European Charter for Regional or for Regional or Minority Minority LanguagesLanguages

A Committee of Experts examines periodic reports submitted A Committee of Experts examines periodic reports submitted by State parties and prepares a report and proposals for by State parties and prepares a report and proposals for recommendations which are submitted to the Council of recommendations which are submitted to the Council of Ministers.Ministers.


American Convention on American Convention on Human RightsHuman Rights

Formal complaints first considered by Inter- Formal complaints first considered by Inter- American Commission on Human Rights, which American Commission on Human Rights, which may issue public report with recommendations; for may issue public report with recommendations; for those States that have accepted its jurisdiction, those States that have accepted its jurisdiction, there is a possible appeal to the Inter-American there is a possible appeal to the Inter-American Court of Human Rights for a legally binding Court of Human Rights for a legally binding judgment. A complaint may brought by one State judgment. A complaint may brought by one State against another, but only if both have accepted this against another, but only if both have accepted this optional inter-State jurisdiction. The Court also optional inter-State jurisdiction. The Court also has the power to give Advisory Opinions, if has the power to give Advisory Opinions, if requested to do so by a State Party or the requested to do so by a State Party or the Commission.Commission.

Additional Protocol to the Additional Protocol to the American Convention on American Convention on Human Rights in the Area of Human Rights in the Area of Economic, Social & Cultural Economic, Social & Cultural Rights "Protocol of San Rights "Protocol of San Salvador"Salvador"

Right of petition to the Inter-American Commission Right of petition to the Inter-American Commission on Human Rights for alleged violation of trade on Human Rights for alleged violation of trade union or education rights, as set forth in the union or education rights, as set forth in the Additional Protocol.Additional Protocol.

Charter of the Organization Charter of the Organization of American States and of American States and Declaration on the Rights Declaration on the Rights and Duties of Manand Duties of Man

The Inter-American Commission on Human Rights The Inter-American Commission on Human Rights may prepare country reports on the human rights may prepare country reports on the human rights situation in any OAS member State or may situation in any OAS member State or may investigate and adopt a report and investigate and adopt a report and recommendations based on an individual petition recommendations based on an individual petition filed with respect to any OAS member State.filed with respect to any OAS member State.


Basic Documents in Basic Documents in The Inter-American System The Inter-American System

American Declaration Of The Rights And Duties Of ManAmerican Declaration Of The Rights And Duties Of Man American Convention On Human RightsAmerican Convention On Human Rights Additional Protocol To The American Convention On Human Rights In The Additional Protocol To The American Convention On Human Rights In The

Area Of Economic, Social And Cultural Rights "Protocol Of San Salvador"Area Of Economic, Social And Cultural Rights "Protocol Of San Salvador" Protocol To The American Convention On Human Rights To Abolish Death Protocol To The American Convention On Human Rights To Abolish Death

PenaltyPenalty Inter-American Convention To Prevent And Punish TortureInter-American Convention To Prevent And Punish Torture Inter-American Convention On Forced Disappearance Of PersonsInter-American Convention On Forced Disappearance Of Persons Inter-American Convention On The Prevention, Punishment And Eradication Inter-American Convention On The Prevention, Punishment And Eradication

Of Violence Against Women Of Violence Against Women Inter-American Convention On The Elimination Of All Forms OfInter-American Convention On The Elimination Of All Forms Of

Discrimination Against Person With DisabilitiesDiscrimination Against Person With Disabilities Statute Of The Inter-American Commission On Human RightsStatute Of The Inter-American Commission On Human Rights Rules Of Procedure Of The Inter-American Commission On Human RightsRules Of Procedure Of The Inter-American Commission On Human Rights Statute Of The Inter-American Court On Human RightsStatute Of The Inter-American Court On Human Rights Rules Of Procedure Of The Inter-American Court On Human RightsRules Of Procedure Of The Inter-American Court On Human Rights Declaration Of Principles On Freedom Of ExpressionDeclaration Of Principles On Freedom Of Expression Charter Of The Organization Of American StatesCharter Of The Organization Of American States Inter-American Democratic CharterInter-American Democratic Charter


African Charter on Human African Charter on Human and Peoples Rightsand Peoples Rights

Individual petitions may be considered Individual petitions may be considered confidentially by the African Commission on confidentially by the African Commission on Human and Peoples' Rights, which may Human and Peoples' Rights, which may eventually make its decisions and eventually make its decisions and recommendations public. The Commission recommendations public. The Commission also can decide to refer to the OAU Assembly also can decide to refer to the OAU Assembly of Heads of State and Government of Heads of State and Government communications relating to "special cases communications relating to "special cases which reveal the existence of a series of which reveal the existence of a series of serious or massive violations of human and serious or massive violations of human and peoples' rights". The Commission considers peoples' rights". The Commission considers periodic reports from States in public. periodic reports from States in public. NGOs NGOs recognized as "Observers may be invited recognized as "Observers may be invited specially to be present at closed sessions specially to be present at closed sessions dealing with issues of particular interest to dealing with issues of particular interest to them."them."

Protocol to the African Protocol to the African Charter on Human and Charter on Human and Peoples’ Rights` establishing Peoples’ Rights` establishing and African Court on Human and African Court on Human and Peoples' Rights and Peoples' Rights

After it is ratified by 15 States, the 1998 After it is ratified by 15 States, the 1998 Protocol will create an African Court on Human Protocol will create an African Court on Human and Peoples’ Rights, which will have the and Peoples’ Rights, which will have the authority to issue legally binding decisions on authority to issue legally binding decisions on individual complaints. Not yet in force as of individual complaints. Not yet in force as of mid-2001.mid-2001.


Mandates of The African Mandates of The African Commission on Human’s Commission on Human’s Rights & People’s RightsRights & People’s Rights

1. the promotion of human and peoples' rights: 1. the promotion of human and peoples' rights: To collect documents, undertake studies and researches on To collect documents, undertake studies and researches on

African problems in the field of human and peoples' rights, African problems in the field of human and peoples' rights, organize seminars, symposia and conferences, disseminate organize seminars, symposia and conferences, disseminate information, encourage national and local institutions information, encourage national and local institutions concerned with human and peoples' rights and should the concerned with human and peoples' rights and should the case arise, give its views or make recommendations to case arise, give its views or make recommendations to Governments; this is its information and educational function. Governments; this is its information and educational function.

To formulate and lay down principles and rules aimed at To formulate and lay down principles and rules aimed at solving legal problems relating to human and peoples' rights solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments and fundamental freedoms upon which African Governments may base their legislation. This is its "quasi legislative may base their legislation. This is its "quasi legislative function". function".

To cooperate with other African or, International institutions To cooperate with other African or, International institutions concerned with the promotion and protection of human and concerned with the promotion and protection of human and peoples' rights. This is its institutional co-operation function. peoples' rights. This is its institutional co-operation function.

To consider the periodic reports of States on the legislative or To consider the periodic reports of States on the legislative or other measures adopted to give effect to the rights and other measures adopted to give effect to the rights and freedoms recognized and guaranteed in the African Charter. freedoms recognized and guaranteed in the African Charter.


2. The protection of Human and People’s 2. The protection of Human and People’s RightsRightsWithin the framework of its protective role, Within the framework of its protective role, the Commission is charged with ensuring the the Commission is charged with ensuring the protection of human and peoples' rights protection of human and peoples' rights under the conditions laid down by the under the conditions laid down by the Charter and according to the rules provided Charter and according to the rules provided for in the Rules of Procedure of the for in the Rules of Procedure of the Commission. Commission.

3. The interpretation of the African 3. The interpretation of the African Charter on Human and Peoples' Rights Charter on Human and Peoples' Rights


The Judicial system…The Judicial system…

European Court of Human RightsEuropean Court of Human Rights Inter-American Court of Human Inter-American Court of Human

RightsRights The International Court of Justice The International Court of Justice

(International Criminal Court)(International Criminal Court) International Criminal Tribunal for International Criminal Tribunal for

the former Yugoslavia the former Yugoslavia International Criminal Tribunal for International Criminal Tribunal for

RwandaRwanda


Judicial v quasi-judicial Judicial v quasi-judicial mechanismmechanism

JudicialJudicial

Conducted by a Conducted by a

Court/TribunalCourt/Tribunal Employing legal Employing legal

mechanismmechanism Decision has a Decision has a

legal binding legal binding powerpower

Quasi-judicialQuasi-judicial

Conducted by a Conducted by a CommitteeCommittee

Does not employ Does not employ legal mechanismlegal mechanism

Decision does not Decision does not have strong legal have strong legal binding powerbinding power


ICTICT ICCICC

Based on UN Based on UN Resolution Resolution

Based in the Rome Based in the Rome StatuteStatute

Is not a permanent Is not a permanent courtcourt

Is a permanent courtIs a permanent court

Usually an Usually an ex-post ex-post factofacto court court

Full recognition of Full recognition of non-retroactive non-retroactive principleprinciple

Significant role of the Significant role of the Security Council Security Council

Limited role of the Limited role of the Security CouncilSecurity Council

International Criminal International Criminal Tribunal vTribunal v

International Criminal Court International Criminal Court