CHAPTER 4: WHAT DOES THE UNITED NATIONS DO FOR HUMAN RIGHTS AND JUSTICE?
What does the UN do for human rights?
One of the great achievements of the United Nations is the creation of a comprehensive body of human rights law to which all nations can subscribe. The UN has also developed effective mechanisms to protect human rights, benefiting people all over the world.
The UN advances human rights in many ways:
- The UN High Commissioner for Human Rights raises concerns with governments, responds to human rights abuses and takes action to prevent violations.
- The UN Secretary-General and the High Commissioner confidentially voice human rights concerns with governments on various human rights situations and issues, including the treatment of prisoners and the commutation of death sentences.
- Under certain UN human rights treaties, individuals can appeal against States for alleged violations of their rights, subject to the fulfilment of certain preconditions, including the exhaustion of all domestic remedies.
- On 15 March 2006, the General Assembly created a Human Rights Council to replace the former UN Commission on Human Rights. The new body, crafted with the aim of improving the effectiveness and raising the status of the United human rights machinery, will report directly to the Assembly. (See box, Human Rights Council.)
HUMAN RIGHTS COUNCIL
Acknowledging that peace and security, development and human rights are the pillars of the UN system and the foundations for collective security and well-being, the General Assembly, on 15 March 2006, established a new Human Rights Council to replace the former UN Commission on Human Rights.
The design of new Council reflects the continuing spirit of reform at the United Nations. While it will carry forward and build upon the achievements of the former Commission, the Human Rights Council incorporates significant new features. For example:
- The 47 members of the Human Rights Council must receive a majority of votes in the General Assembly -- i.e., 192 -- and are elected by secret ballot. The former Commission had 53 members who were submitted by the regional groups, for approval by acclamation or a majority of 28 votes or fewer.
- Members of the Council are elected for three years, and may serve no more than two consecutive terms.
- In electing members of the Council, consideration is to be given to their contribution to the promotion and protection of human rights and their voluntary pledges and commitments to that end. Members are required to uphold the highest standards in the promotion and protection of human rights and to fully cooperate with the Council.
- All Council members are therefore subject to a universal, periodic review, to ensure that they are themselves upholding the standards they seek to enforce. They can be suspended for gross and systemic human rights violations by a two-thirds vote of members of the Assembly present and voting.
- The new Council will be available to address human rights crises as they arise. Unlike the Commission, which held one annual six-week session, the Human Rights Council will hold no fewer than three sessions each year, for no less than 10 weeks total -- and special emergency sessions can be declared at any time with the support of one-third of its members.
- The Assembly will review the work and functioning of the Council in 2011 -- five years after its establishment -- at which time the possibility exists of reaching agreement to elevate its status to that of a principal organ of the United Nations.
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- Internationally respected experts on civil, political, economic, social and cultural rights, appointed by the Commission on Human Rights, monitor and report on the human rights situation in specific countries, as well as on violations in any part of the world.
- The Office of the High Commissioner assists in all these efforts. It also helps governments fulfil their human rights responsibilities by providing technical assistance through such activities as the training of police and judges, as well as the provision of advice on legislation and national human rights institutions.
- Multidimensional peacekeeping operations now include mandates for protecting and promoting the human rights of the affected population.
- The United Nations promotes accountability for grave violations of international human rights and humanitarian law. Two UN International Tribunals, established to deal specifically 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 country's decade-long civil war. The Court is independent of the UN and the government. Unlike the former Yugoslavia and Rwanda tribunals, it is funded directly through voluntary contribution by Member States.
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ADVANCING HUMAN RIGHTS
The UN has helped to make human rights a matter of concern to people everywhere, which governments find it increasingly difficult to ignore. Examples of the UN's groundbreaking work:
- The UN created the International Bill of Human Rights, comprising the 1948 Universal Declaration of Human Rights and the two 1966 International Human Rights Covenants - on civil and political rights, and on economic, social and cultural rights - which make many of the Declaration's provisions legally binding on States parties.
- The UN has drafted and adopted more than 80 conventions, declarations and other instruments on political, civil, economic, social and cultural rights.
- The UN helped end the regime of apartheid (racial segregation) institutionalized 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 produced specific recommendations to counter the forces that threaten diversity.
- The UN has successfully negotiated two Optional Protocols 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 conflict; and agree to prohibit the sale of children, child prostitution and child pornography. Both came into force early in 2002.
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How does the UN defend vulnerable groups in society?
The UN is an advocate for society's most vulnerable groups - minorities, migrant workers, refugees, indigenous people and children in especially difficult 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 violations.
The UN also conducts international campaigns to raise global awareness of the problems affecting vulnerable groups. On behalf of the world's 300 million indigenous people, the UN launched the International Year of the World's Indigenous People (1993) and the International Decade of the World's Indigenous People (1994-2004), and is negotiating a declaration on their rights. The Secretary-General's Special Representative for Children and Armed Conflict is the main advocate for the estimated 300,000 child soldiers. The International Labour Organization operates a global programme aimed at eliminating child labour, while the UN Children's Fund carries out projects to improve the lives of street children, working children and children in conflict situations.
What does the UN do to promote the 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.
- The UN has set international standards on women's rights and created instruments to monitor their observance around the world. In 1979, it adopted the Convention on the Elimination of All Forms of Discrimination against Women - an international bill of rights for women and a blueprint for action by countries to guarantee those rights. As of March 2005, 180 countries had ratified the Convention, legally committing themselves to ensuring women's equality. A special UN committee of independent experts monitors implementation of the Convention.
- Established in 1946, the UN Commission on the Status of Women meets annually on matters concerning women's rights. It makes recommendations on problems requiring immediate attention and promotes international legislation in support of women's rights.
- The UN has helped mobilize women around the world. To focus attention on women's rights, the UN declared 1975 to be International Women's 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 first global conference ever held on women, followed by world conferences in Copenhagen (1980), Nairobi (1985) and Beijing (1995). In June 2000, the General Assembly held a special session to follow up on the Beijing Conference, on the theme of "Gender Equality, Development and Peace for the 21st Century".
- Two UN bodies are devoted exclusively to women's issues. The UN Development Fund for Women (UNIFEM) funds innovative development activities to benefit 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 (see www.un.org/womenwatch).
How does the UN support democratization?
 The UN supports democratization in an increasing number of countries that seek its help. By providing technical assistance in preparing and holding elections, the UN has helped more than 85 nations to consolidate the democratic process. It organized the 1993 elections in Cambodia and has sent impartial observers to ensure free and fair elections in several countries - including Namibia, Nicaragua, Haiti, El Salvador, South Africa and Liberia. 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 well-functioning, accountable processes and institutions - political, judicial and administrative. The UN Development Programme supports democratic governance in many countries by strengthening parliamentary procedures, upgrading the judicial system and helping to fight corruption. The Office of the High Commissioner for Human Rights advises countries on expanding human rights laws, improving penal codes and protecting freedom of expression.
The UN has helped strengthen the democratic process by assisting elections in more than 85 countries.
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Why do we need an International Criminal Court?
An International Criminal Court has been created to deal with genocide, war crimes 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 ratifications, the Court came into being on 1 July 2002. At the outset of 2006, 100 States had ratified the Statute of the Court.
Located at The Hague in the Netherlands, the Court consists of 18 internationally respected judges elected for nine-year terms, on a rotating basis. Thus, every three years, elections are held to fill six seats on the panel. The Court, which is not part of the United Nations, is accountable to the 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 Court's Statute ensures against unwarranted prosecutions. It gives precedence to national courts, requiring States parties to use their own tribunals in the first 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-defined international standards, which preclude politically motivated charges. Finally, the Security Council has the authority to halt any prosecution for up to a year at a time, by making a formal request to that effect. As the Court is increasingly relied on by the international community to fulfil its unique function, it is expected to help end impunity and deter potential war criminals.
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