international human rights enforcement mechanism

1. International Human rights enforcement
mechanisms
Md. Abu Bakar Siddique
Assistant Professor & Coordinator
LLM (Professional), Department of Law
FSSS, BUP

2. Two types of monitoring mechanisms
 Treaty-based mechanism
( the organs of experts ( committees) established by the “ Core
International Human Rights Instruments” are known in UN
terminology as “ treaty-based” mechanisms/procedures/ institutions
since they are established and operate under the framework of a
particular treaty.)
 Charter-based mechanism
( Human rights monitoring mechanism established by the decision of
an organ of the UN. In practice, the term “charter-based” procedures
is normally used to designate those mechanisms created by the now
defunct UN Commission on Human Rights-replaced since March
2006, by the Human Rights Council, i.e., the public special procedure
and the “complaint procedure”( until recently denominated “1503”
procedure)

3. Treaty-based mechanisms
 Nine core international human rights treaties set up
specific bodies to monitor their implementation
within the jurisdiction of state parties to those treaties.
 Each committee is composed of independent experts,
ranging in number from 10 to 23 members.
 All committees are supported by the office of High
Commissioner on Human Rights in Geneva except
for the committee on the Elimination of
Discrimination Against Women.

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 The Committees are typically non-judicial
bodies with competency to receive complaints
from States and or individuals alleging violation
of human rights. Their opinions and
recommendations usually published.
 These treaty-monitoring bodies are referred to as
conventional mechanisms: their powers are
derived directly from the convention in question.

5. The treaty bodies
 Human Rights Committee
(established by the ICCPR (art.28),consisting of eighteen
members of high moral character and recognized competence
in the field of human rights (art.28.2)with consideration given
to legal experience. Members serve in their personal capacity
for terms of four years with a staggered system of re-election)
 Committee on Economic, Social and Cultural Rights
( Unlike the other committees, it was not established by its
corresponding treaty-the ICESCR,1966. Rather it was
established in 1985 by the Economic and Social Council to
assist it in monitoring the implementation of the Covenant.
The committee consists of 18 members elected by ECOSOC
in their private capacity for terms of four years.)

6. To be continued…
 Committee against Torture
(the committee commenced duties on 1January 1988
following the entry into force of the Convention
against Torture 1984 on 26January 1987. It consists
of ‘ten experts of high moral standing and
recognized competence in the field of human rights,
who shall serve in their personal capacity (Art.17).
Members serve for four years with half the
membership being subject to renewal every two
years.
The committee meets twice a year in Geneva with the
secretariat support provided by the UN office of the
High Commissioner.

7. To be continued…
 Committee on the Elimination of Racial
Discrimination
(Art.8 of the respective Convention established a
committee to oversee the enforcement of the terms of
the Convention. This was the first body created by the
UN to monitor and review state compliance with a
specific set of treaty obligations. Meets in Geneva
with secretarial support from the office of Human
Rights Commissioner . Comprises eighteen experts of
high moral standing and acknowledged impartiality.
Elected for four years)

8. To be continued…
 Committee on the Elimination of Discrimination
against Women
( The committee began work in 1982 following the
entry into force of the Convention,1979. The
committee was established under article 17 of the
Convention. Consists of 18 experts , now it has 23
members. Members are elected by secret ballot from
nominations by the state parties. The members of the
Committee serve terms of four years and, of course,
the elections are staggered. In terms of the
Convention, the committee meets for not more than
two weeks annually.)

9. To be continued…
 Committee on the Rights of the Child
( The committee on the Rights of the Child first met in 1991,
commencing monitoring state compliance with the 1989
Convention on the Rights of Child . Art.43 constitutes a
Committee on the Rights of the Child comprising ten
experts of high moral standing and recognized competence
in the field covered by the Convention.
 Migrant Workers Committee
( Art. 72 of the International Convention on the Protection
of the Rights of All Migrant workers and Members of their
Families provides for the establishment of a Committee.)

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 Committee on the Rights of Persons with Disabilities
( The Convention on the Rights of persons with
Disabilities entered into force in May 2008 and
currently has 103 state party. Art. 34 of the
Convention established a Committee of twelve
members ,each serving a renewable term of four
years.)
 Committee on the Enforced Disappearance
The newest treaty-monitoring body overseas the
Convention on the Enforced Disappearance which
entered into force in December 2010.

11. Monitoring systems
 By ratifying or accessing the core treaties named above , State Parties
agree to be bound by a range of monitoring systems:
 Periodic Reports:
All treaty bodies are mandated to receive and consider reports
submitted by the State parties detailing their implementation of the
treaty provisions in the country concerned.
These reports are required to explain the legislative, judicial,
administrative or other measures that have been adopted to give effect
to treaty provisions.
The Committees have issued guidelines to assist State with preparation
of their reports, have elaborated general comments interpreting the
treaty provisions and organized discussions on themes related to the
treaties.

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 Interstate complaints
Some treaties have a system of inter-governmental
compliant which , owing to its immensely political
nature , has never been used.
All State parties to the International Convention on
the Elimination of Racial Discrimination are bound
by this procedure according to its articles (11-13).
All other treaties setting up this procedure require the
specific consent of the parties ( Art 41(1) of the
ICCPR, Art.21 of the Convention against Torture and
Art.75 of the International Convention on the Migrant
Workers.

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 Individual Complaints:
Off the nine core treaties and accompanying protocols , all except the
Committee on the Rights of child and ICESCR have the competence,
subject to specific consent of the State Parties, to deal with the
complaints from individuals claiming to the victims of violations of
any of the rights set forth in the treaties.
 Confidential Inquiries
Arts.8 to 11 of the Optional Protocol of the Convention on the
Elimination of Discrimination against Women, Art-20 of the
Convention Against Torture, and Arts. 6-7 of the Optional Protocol of
the Convention on the Rights of Persons with Disabilities provide for
the possibility of the concerned Committees to examine information,
investigate and make confidential inquiries when there are well-
founded indications that systematic violation of provisions

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Set forth by these Treaties are in the practice in the territory
of a State Party. This procedure is subject to specific
consent of the State Parties ( Art. 28 CAT, Art. 10 OP-
CEDAW and Art.8 Convention on the Persons with
Disabilities)
Domestic Mechanisms:
In order to prevent future violations and ensure the
implementation and monitoring the concerned treaties, the
Optional Protocol of the Convention Against Torture and
Art.33 of the Optional Protocol of the Convention on the
Rights of Persons with Disabilities, impose duty on State
Parties to designate a special national mechanism.

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 Some committees have developed the follow of
their recommendations , and early warning
mechanisms.

16. Weaknesses of the committee system
 In any case, the decisions of those Committees lack legally binding
force.
 The lack of cooperation of many states who are unwilling or unable to
comply with the provisions of the treaties and their monitoring
procedures is an issue of major concern.
 Overdue reports are a widespread malpractice among states, but the
lack of resources and other UN dis-functionalities are to be blamed
for the backlog of complaints and reports to be examined.
 More relevant is the question of impact of these treaties and their
monitoring procedures in the domestic realm.
 Although sometimes focused on individual cases, the main purpose of
these mechanisms is to change States behaviour to being compliant
with human rights standards.

17. Charter-based Institutions
Human Rights Council
 Only intergovernmental body devoted exclusively to the
promotion and protection of human rights.
 Consists of representative of 47 different countries
following equal geographical distribution.
 Subsidiary organ created on 15th March 2006 replacing the
former UN Commission on Human Rights.
 Has inherited the main mechanism to monitor human
rights performance among charter-based institutions ; the
public special procedures along with a confidential
complaint procedure .

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 Its mandate includes promotional and protective
human rights powers.
 Its meetings are public and any State Member,
Observers and NGOs with consultative status can
participate in the discussions.
 In addition to public discussions, the Council’s scope
of activities includes the approval of resolutions and
decisions with different purposes:
a. to make general recommendations with regard to
the promotion and protection of human rights,
including recommendations to the GA with the aim at
approving new human rights standards

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 To determine the provision of advisory services,
technical assistance and capacity-building in
consultation and with the consent of the States
concerned;
 To create subsidiary bodies to assist council to
perform its tasks.
 Among these subsidiary bodies the Human Rights
Council has assumed several mandates set up by its
predecessor the Commission on Human Rights with
investigatory and monitoring competence: the public
procedures and a confidential compliant procedure (
formerly known as 1503 procedure).

20. To be continued…
 Public Special Procedures
They are human rights monitoring mechanisms
endorsed to individual experts ( Special Rapporteurs”,
“ Special Representatives” and “ Independent
Experts) since 1967 whose common mandate is the
investigation and reporting of human rights situations
either in a specific territory ( country mandate)or with
regard to a phenomena of violations (thematic
mandate)
These procedures owe their existence to resolutions
adopted by the majority in the Human Rights Council
and are not subject to specific consent of any State.

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 The scope of their action is truly universal; all the states of the
world are monitored by these bodies and they cover civil,
political , economic, social and cultural rights as well as ‘
rights of solidarity’ such as issues related to development and
environment.
 Their pronouncements are not legally binding.
Universal Periodic Review
- is to evaluate the fulfillment of human rights obligations by all
states.
- Under this , all countries are reviewed following a cycle of 48
States per year, to complete the review of all the countries of
the world in a period of four years.

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 States under review are required to report on the
situation of human rights in their country and to
engage in an interactive dialogue with Member States
on the Council and others wanting to take the floor.
 In its current configuration, NGOs and National
Human Rights Institutions can attend interactive
dialogue, provide relievable information as a basis for
review, and take the floor before the adoption of the
final outcome report of this process.
 The mechanism is still in its infancy.