The UNITED NATIONS

SYSTEM

GENERAL ASSEMBLY
Initiates studies or make
recommendations for the promotion and
protection of human rights
Issues Declarations which, though not
legally binding but have moral force being
an indicia of a global opinion
Provide logistical support to states
Receive reports from treaty monitoring
bodies and Economic and Social council

INTERNATIONAL COURTS
1. International Court of Justice original
world court established by the UN
Charter
2. International Criminal Court
established by a separate statute in 2002

The International Court of

Justice (ICJ)
Situated in Hague Netherlands; it is the
judicial arm of UN
settle legal disputes submitted by states
under international law
render advisory opinions submitted by
international organs and agencies

The International Criminal Court

(ICC) and other International
Criminal Tribunals
international criminal court whose
jurisdiction is only to complement national
courts
exercises jurisdiction only when national
courts are unwilling or unable to carry the
investigation

The Security Council

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

The Economic and Social

Council (ECOSOC)
Has 54 member elected by the General
assembly with a three year term
Initiate studies and reports concerning
economic, social, cultural, health, educational
and other related matters
Accepts reports from treaty monitoring bodies
then to the General Assembly
Works thru sub-organs (commissions) one of
which is the Human Rights Commission

Human Rights Council

formerly Human Rights Commission or
Commission on Human Right which was
established in 1947 with the goal of
establishing the UDHR
subsidiary of the General Assembly
based in Geneva

Key Functions of Human

Rights Council
Promote Human Rights Educaiton
Serve as forum for dialogue
Make recommendations to GA
Promote the full implementation of HR
obligations by member states
Undertake universal periodic review
Assume the role of Commission of HR
Submit annual reports to the GA

Supervisory Mechanisms
under the United Nations
System

There are two distinctive types of

supervisory measures
1. Charter Based Mechanism
2. Treaty Based Mechanism

Charter-Based Procedure for the

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

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

DUTIES OF SPECIAL
RAPPORTEURS et. al.,
Undertake fact finding missions
Report annually to the HR Council
Present reports or recommendations to
the HR Council
Reports are authoritative sources of
information

ADVANTAGES OF CHARTERBASED MECHANISM

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

TREATY BASED PROCEDURES

May be divided into four (4) main groups
Reporting Procedures
Inter-State Complaint Procedures
Individual Complaint Procedures
Inquiry Procedures and On-site Visits

REPORTING PROCEDURES

All UN HR treaties include a system of

periodic reporting where state parties are
obliged to report periodically to a
supervisory body on domestic
implementation of the treaty in question

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

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

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

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

INQUIRY PROCEDURES AND

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

CONCERNS AND
SHORTCOMINGS RE: TREATY
BASED MECHNISM
Large backlog and delay in review of
country reports
Inconsistencies in the approach of
different committees
Heavy reporting requirements of states
No monetary compensation on the part of
member states in making the reports