United Nations Human Rights

Mechanisms
Sadichchha Silwal
Roll: 15 Sec: A
[email protected]
Contents
General Assembly
Security Council
Economic and Social Council
Introduction
On October 24, 1945 United Nations(UN) was
established.
UN was founded in the ashes of a war that brought
untold sorrow to mankind.
 UN is an association of independent states and can
only do what its members are prepared to have it to do.
193 members states (51 states as original members)
On December 14 ,1955 Nepal became member state.
Works in accordance with ‘Charter of the United
Nations.’
Preamble of the U.N Charter
a) To save succeeding generations from the scourge of
war;
b) To re-affirms faith in fundamental human rights;
c) To establish justice and respect for international
obligations; and
d) To promote social progress and better standard of life
Functions and Power of U.N( from Millennium
Declaration,2000 and World summit outcome
Document, 2005 )
 to reach specific goals to attain peace, security and
disarmament along with development and poverty
eradication;
 to safeguard human rights and promote the rule of law;
 to protect our common environment;
 to meet the special needs of Africa; and
 to strengthen the United Nations.
United Nations works through its different organs,
they are
 General Assembly
 Security council
 Economic and social Council
 Human right commission
 Trusteeship council
 Other specialized agencies
General Assembly
One of the principal , deliberative and policy making
body of UN
General assembly (GA) is the parliamentary body of
UN and consist of representative of all the member
states of UN.
Membership of UN provided in Article 4 of the
charter.
Provisions relating to GA – Chapter IV of charter
comprising Article 9 to 22
Article 9 of chapter lays down regarding the
composition of the GA by stating that the General
assembly shall consist of all the members of the UN.
So, 193 members states of GA.
Functions and power of the GA are laid down under Article 10
to Article 17 of the charter.
 Article 13 of the charter has conferred to the assembly specifically
to ‘initiate studies and make recommendations’ for the purposes of
the promotion of international co-operation in two different fields.
a. Promoting of international co-operation in political fields and
encouraging the progressive development of international law
and its codification,
b. promoting international co-operation in the economic, social,
cultural, educational, and health fields, and assisting in the
realization of human rights and fundamental freedoms for all
without distinction as to race, sex, language, or religion.
GA and Human Rights
General assembly is one of major and powerful organ
of United Nations.
GA plays the important role in fulfilling principles
and objectives UN charter.
All the significant and substantive resolutions its
optional protocol and declarations are adopted by GA
(Bills of rights 9 core treaty )
 Empowered to send Emergency forces of UN for
supervision of cease-fire of conflict areas. *
Direct Supervision and control over other organ of UN
GA can file a case in ICJ in case of violation of
international law as- Advisory Opinion
GA can suspend rights and privileges of member states or
can expel from organization in case of violation of
principles as contained in charter, upon recommendation
of SC.*(article 6)
Can amend UN charter (article 108)
Can establish subsidiary organs .(article 22)
Formation of different commissions CRC commission,
CEDAW commission, CAT commission etc by GA
Limitations of GA
Resolutions or Declaration of the GA are not binding,
merely recommendations.*
Article 2(7) restricts GA to intervene in matters of
domestic jurisdiction. Here, domestic jurisdiction is
not clarified in the charter.
Advisory opinion of ICJ is not binding.
Security Council
Security Council (SC) is also a Principal Organ.
Dumbarton proposals emphasized the establishment of an executive
organ* , San Fansisco conference established such organ in form of
Security Council.
Chapter V of the charter consisting of Article 23- Articles 27 lays down
the provisions relating to Security Council.
Consist of fifteen members {five permanent members( China, France ,
Russia, UK and US) and ten non permanent states( elected for a term of
two years} [Article 23]
Election of non- permanent member on the basis of-
 the equitable geographical distribution*
 Contribution of members of the united nations to the maintenance of
international peace and security, and to other purposes of the organization.
Article 24, 25 and 26 laid down the Powers and Functions of
the SC.
 Primary responsibility on SC for the maintenance of international
peace and security.
 Special powers given for the discharge of duties laid down in
chapter VI, VII, VIII and XII.
 Submit annual special reports to GA
(Article 24)
Member state agree to accept and carry out the decision of the
SC.(Article 25)
Responsible for formulating to promote the establishment and
maintenance of international peace and security. (Article 26)
SC may establish subsidiary organs for the performance of its
functions (Article 29)
Security council separately elect judges of ICJ
Recommendation of Secretary –General of the united nations.
Suspension of rights and privileges of members states for
violation of international law.(Article 5)
 recommendation of expel from organization for violation of
international laws to GA. (article 6)
Amendment of charter is only possible if all permanent
member of SC give affirmative votes.
Binding effect of resolution of SC upon members. (article 25)
Voting Rights and Veto Power
 All members of SC has one vote.(article 27)
 Procedural matter of SC be made affirmative votes of
9 members including the affirmative votes of 5
permanent members. (article 29)
 Any negative vote cast by permanent members called
‘veto’
 Time and again permanent members of SC use veto
power. E.g veto against Uniting for Peace Resolution.
 Article 2(2) tries to regulates the veto power.
Limitation of SC
Right to veto possessed by the permanent members.
Collective and individual right to self defense under
Article 51
Liberty of action to enter into regional arrangements
under Article52-54
Liberty of action against former enemy states under
Article 53(1) and Article 107
Article 2(7)- domestic jurisdiction
Relationship between GA and SC
Both GA and SC are principal organ of UN.
Two organs occupy a place of prominence in the whole set-up
of the UN.
Charter require recommendations of SC and a decision of the
GA. No decision can be taken on such matters unless the SC
has recommended and GA has also concurred with that
decision.
Annual report are send by SC to GA
Primary responsibility to maintain peace and security lays in
SC, but incase it fails to perform its function or fails to make
affirmative recommendations, the GA step in and perform
certain functions relating to peace and security.
Economic and Social Council
The economic and social council (ECOSOC) is a principal body for
coordination, policy review, policy dialogue and recommendations
on issues of economic and social development ,as well as for
implementation of the development goals agreed at the major united
nations summits and conferences.
The preamble of the charter proclaims that the peoples of United
nations are determined ‘to promote social progress and better
standards of the larger freedom.’
Article 1 (para 3) of Charter laid down that to achieve international
co-operation in solving international problems of an economic, social,
cultural, or humanitarian character, and in promoting and encouraging
respect for human rights and for fundamental freedoms for all
without distinction as to race, sex, language, or religion.
Although human rights are fundamental to all functions of
the UN, human rights issues mainly fall under
the Economic and Social Council (ECOSOC)
Assigned to draft bills of right, but ended passing UDHR
The Economic and Social Council oversees the work of
many intergovernmental organizations (IGOs) and certain
UN commissions, such as the UN Commission on Human
Rights.
Provision related to Economic and Social Council -
Chapter X of chapter consisting from Article 61 to
Article 72
Article 61 laid down the provision for the composition
of the economic and social council. Council consist of
fifty-four members of U.N elected by GA.*
Permanent members of SC have no privileged position
in the Economic and Social Council.
Article 62- Article 66 mentioned Powers and
function of the Council
Council may make or initiate studies and reports with
respect to international economic, social, cultural,
educational, health, and related matters and may make
recommendations with respect to any such matters to
the GA to the Members of the U.N, and to the
specialized agencies concerned.
Council may make recommendations for the purpose
of promoting respect for, and observance of, human
rights and fundamental freedoms for all.
it may prepare draft conventions for the submissions to
the GA on any subject falling within its competence.
May call international conferences on the matters
falling within its scope.
May furnish information to security SC and assist SC
upon its request
ECOSOC helps to improve the life of poor, wounded
and illiterate people.
Responsible for improving the standard of living of the
people, to provide full employment and to develop
social economic conditions of the people of the world.
ECOSOC restructured to adopted 130 resolutions and
decisions on human rights, social development, crime,
narcotice drugs, women, and other issue to become
Council of twenty- first century.
Following important decisions and works
 Adoption of a draft declaration on the rights of Persons
belonging to national, ethic, religious, and linguistic
minorities.
 Convening a world summit on social development in
1995
 Recommendation to the GA that 1993 be proclaimed a
Third decade to combat Racism and Racial
Discrimination,
Agenda for Development
Article 55 of charter
With a view to the creation of conditions of stability and well-being
which are necessary for peaceful and friendly relations among
nations based on respect for the principle of equal rights and self-
determination of peoples, the United Nations shall promote:
  a. higher standards of living, full employment, and conditions of
economic and social progress and development;
  b. solutions of international economic, social, health, and related
problems; and international cultural and educational    
 cooperation; and
  c. universal respect for, and observance of, human rights and
fundamental freedoms for all without distinction as to race, sex,  
 language, or religion
For the attainment of these objective , GA declared the UN
development decade and established different institution under
ECOSOC,i.e
 The United Nations conference on trade and development
(UNCTAD)- established as subsidiary organ of GA in 1964.
 The UN development programme
 The UN industrial development Organization – established on
19967
 The UN world food programme (UNWFP) – started on 1963
 UNICEF- in 1946
 United nation high commission for Refugees- in 1961
 Human Right commission
Has established 4 regional commissions
i. Economic Commission for Europe (ECE)
ii. Economic Commission for Asia and Far East
(ECAFE)
iii. Economic Commission for Africa (ECA)
iv. Economic Commission for Latin America (ECLA)
Reference
Shaw, M.N, International law ,8th edition
Kapoor, S.K, International Law and Human Rights
Agarwal, H.O, International Law and Human Rights
https://www.un.org/en/charter-united-nations/
https://www.un.org/pga/70/
https://www.un.org/en/ga/62/agenda/hr.shtml
https://www.un.org/ecosoc/en/home
https://www.un.org/securitycouncil/
http://hrlibrary.umn.edu/edumat/hreduseries/hereandno
w/Part-1/united-nations.htm
Thank You   