Role of the United Nations in Promoting the Respect for Human Rights
According to centre of human rights the basic elements for building human right institution includes – (a) strong constitution with highest law of land – include incorporates internationally recognized human rights and fundamental freedom as enumerated in international bill of rights.
Other building blocks are independent judiciary reliable human rights institution, strong legal and electoral system, human rights commission. The program offered action, constitutional, legal and legislative reforms assistance help in establishing and strengthening national institutions and training forejudges, police, armed forces etc.
The program provides training for government officials in treaty and reporting and international obligations for peace keeping forces and international civil servants. It also provides support to parliament, circulars development education for human rights. All these education training help in development of people and welfare of nation. The general assembly also called the program as “fellowship” which is awarded to candidates nominated by their government.
This technical cooperation of united nation is a “vital and most important element within the UN system of comprehensive assistance for strengthening of rule of law, on the basis of relevant united standard embodied in half century of human rights standard setting by the organization.
The Universal Declaration of human rights is one of the most significant declarations of human rights documents which were drafted to carry out the mandate of charter of United Nation for promoting and encouraging respect for human rights and fundamental freedom.
The first attempt to establish a universal standard of human and fundamental rights for every person, the declaration was adopted by UN General Assembly on 10 Dec. 1948. Dec. 10 in now observed internationally as “Human rights Day”. It is one of the declarations which are now referred to as international Bill of human rights which includes International covenant on civil and political rights (1966), international covenant on social, economic and cultural rights (1966) and it two protocols.
The declaration is serve ” as common standard of achievement for all people and nation, every individual and every organs of society, keeping this declaration constantly in mind, shall strive by education and teaching to promote respect for these rights and freedom and by progressive measures, national and international to secure their universal and effective recognition and observance both among the people of member states themselves and among people of their jurisdiction.
“Under the chairmanship of President Roosevelt the widow of President Franklin D. Roosevelt the declaration was produced by commission of human right. She believes that the world “could not have peace or an atmosphere in which peace could grow, unless we recognize the right of individual human being … the importance there…. dignity”.
This declaration consist a preamble and thirty articles and series of seven clauses providing jurisdiction for document. According to fifth clauses, “the people of United Nation have in charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and determined to promote social progress and better standard of life in larger freedom
Article 1 set forth the declaration basic philosophy: all human being are born free and equal in dignity and rights. They are endowed with reason and should act towards one another in a spirit of brotherhood. Article 2 described that fundamental rights and remedies for violation of these rights.
Fundamental rights may not be denied on the basis of race, color sex, religion, language, property or other states”. Any distinction on the bases of territorial jurisdiction is also prohibited. Each person has right to life, liberty and personal security; torture, inhuman treatment, punishment should be prohibited each person should recognized as person before law equality before law and right to effective to remedy by national tribunal for acts violating fundamental rights granted him by law or the constitution of India.
Articles 9, 10 and 11 address the basic rights of person accused of crimes: “No one shall be subjected to arbitrary interference with his privacy, family, home no to attack his honor and reputation provided in Article 12. Article 13 though 20 enumerates that additional rights including freedom of movement, residence, right to asylum, nationality, marriage, family and property ownership; freedom of speech, thought, expression, conscience, opinion and right of peaceful assembly.
Article 21 deals with equal right to participate in government and equal access to public services of his or her country is extended. Article 22 states that everyone have right to social security and Article 23 endorses with equal pay for equal work, just and favorable rate of pay and right to form and join trade union.
Article 24 and through 27 provides right to rest and leisure, an adequate standard of living, clothing, housing and medical care as well as the special assistance for motherhood and childhood, education and participation in the communication and community’s cultural life, benefit of scientific development and its benefits and protection of scientific creations.
Article 28 deals with “everyone is entitled to social and international order in which the rights and freedom set forth in this declaration can be Lully realized. Article 30 notes that as well as rights everyone has duties to the communities and right to freedom has its limitations”. Article 30 states “Nothing in this declaration may be interpreted as implying for any states, group or person any rights to engaged in activity or to perform any act aimed at destruction of any right and freedom set forth herein.
The universal declaration help in promoting respect for human right and UN Secretary General Kofi Annan noted “the growth in support for declaration of violation of fundamental freedom and human rights. The commission reflected a very strong conception of sovereignty and it has 1503 procedure often operates with considerable impartiality.
The members of sub-commission where the process began to serve independent expert. Many sub-commission members neither independent expert. Many sub- commission members neither independent non expert. This procedure is strictly confidential.
The confidentiality of 1503 procedure represents a major concession on the part of UN. Whether this compensated by increased willingness of state to cooperate with the commission is head to assess because of confidentiality of procedures. UN renowned that use of publicity, it is most powerful weapon in the struggle of human rights. It findings have certain authority but even though they are not legally binding.
There is also serious problems of 1503 procedure and firstly has little or no early warning devise. No doubt the commission focuses on systematic violation where the government is obviously culpable. However it leaves the individual victims without redress and restricts the commission to deterring further human rights violation in countries that have already severe systematic abuses. Secondly there is slow pace of 1503 procedure.
For e.g., in 1974, UN received its first important complaint against Macis Nguema regime in Equatorial Guinea has vicious dictatorship and have more standard of brutality and forcibly thousands of civilians to work as slave laborers. It this case, 1503 procedure cannot be brought fully into play and political consideration often stretches the case into longer. Thirdly, adverse publicity is one of the serious problems of the procedure and weak enforcement action is one of problem.
In 1940’s and 1950’s western block controlled the commission. In 1967,’the rest of UN was largely under control of third world. In 1970’s and 1980’s third world Countries like Costa has broader human rights initiatives. In 1980’s there was a new normative work include declaration on right to development, convention on right of child and there was new initiative introduced on human rights defender, minorities.
Human rights committee is body of 18 experts that supervise the implementation of international covenant on civil and political rights. It gathered information and ask question but also to state its “view and also make public declaration of violation.
And in several states have provided redress to victim and bring social security and peace. It review report on compliance submitted by parties to covenant. It may consider complaints from individual in states that are parties to covenant optional protocols.
Although there are 66 parties and democratic countries and disproportionately represented, the optional protocols provide a strong system of international monitoring Human rights committee came with committee on social, economic and cultural rights provides substantial degree of independent international monitoring and because it may examine the violation that are not severe enough to merit scrutiny by commission on human rights, human rights committee plays an important and distinctive role in global human rights regimes.
The single issue on human rights regimes dealing with racial discrimination, apartheid, women rights, torture etc. and it provide elaboration of human rights norms and procedure for monitoring of their implementation.
The central document of racial discrimination is 1965 international convention of elimination of all forms of racial discrimination. This convention establishes an 18 members committee on elimination of all forms racial discrimination.
The committee study and review the state report. As reporting system that was direct model for that human right committee. The committee also receives the compliant from individual citizens, rendering the procedures effectively. It has provided a mandatory international exchange of information, with hope that publicity would shame violators of rights.
The world conference on human rights also considers the elimination of racial discrimination such as apartheid or resulting from doctrines of racial superiority or manifestation racism, as primary objectives for international community and worldwide programme in field of human rights.
It strongly appeals to international community to contribute generously to trust fund for the programme for decade for action to combat racial discrimination. The conference brings efforts for such violation to justice. The committee, convention and world conference work for eliminating racial discrimination and entitled to appropriate and effective remedies.
The 1979 convention of elimination of discrimination against women which entered into force in 1981 significantly extend the women right provision of international bill of rights. The committee on elimination of discrimination against women makes implementation of the obligation of convention.
It is 23 members experts body and it reviews the reports. They make efforts to give equal status to women and equal opportunity of development. So the women make equal participation all social, economic, political and cultural fields. The equal status of women and human rights of women should be integrated into mainstream of United Nationwide activity.
The steps should be takes to increase cooperation promote further integration of objectives and goals between commission on status of women, commission on human rights, committee on elimination of discrimination against women, United Nation development fund for women United Nation development programme and United nation agencies.
Cooperation and coordination should strengthen between the centre for human rights and division for advancement of women. The commission on the status of women is supervisory body and permanent functional commission of ECOSOC.
It underlines the importance of the integration and full participation of women as beneficiaries in the development process and makes women an sustainable and equitable development set forth in Rio declaration in Environment and development.
The world conferences stress on elimination of all type of violence against women in public and public and private sphere, alienation of all forms of exploitation, eradication of conflicts which may arise between rights of women and harmful effects of the customary practices, cultural prejudices, religious extremism and elimination of gender bias in administration. The world conference on human rights make monitoring bodies should disseminate the necessary information procedures in their pursuit of full and equal enjoyment of human rights and non discrimination.
The commission of status of women and committee on elimination of discrimination and against women should equally examine the possibility of introducing the right petitions through preparation of protocols to convention on elimination of all forms of discrimination against women. The world conferences on women held in 1995 in Beijing and urge that human rights of women should play an important role in deliberation, in accordance with priority themes of women equality, peace and developments.
Torture is major single issue human rights regime. In 1984 the convention against torture, cruel and inhuman treatment was opened for signature. The UN voluntary fund for victims, support groups and research strategies to help torture victims and their families. The commission on Human rights established a special reporter on torture, in 1985 nongovernmental and intergovernmental organization work on issue of torture.
The convention on elimination all type of torture, inhuman treatment, cruel treatment work for elimination of torture and make close and fruitful cooperation among states on issue of torture. It makes intensive lobbying public information to combat all types of torture.
No exceptional circumstances whatsoever, whether a state of war, threat of war or other public emergency may invoke as justification of torture. The torture must be made in admissible in all legal proceedings and the practice of torture is punishable offence except the public emergency.
The committee against torture makes implementation of norms of convention. It receives and review periodic reports which submitted by the parties every four years and consider individual communications. It is also authorized to investigate communication concerning situation where torture is systematically practiced. The committee is supervisory body which makes protection of all forms of person under any forms of imprisonment.
The world conference on human rights also emphasize that one of the most violations against human dignity is act of torture, result of which destroy the dignity and impairs the capability of victims to continue their lives and their activities. It makes immediate end to practice of torture and eradicate this evil through implementation of universal declaration of human rights and convention, strengthening the existing mechanism.
The conference on human rights calls on state of cooperate fully with special reporter can question of torture in fulfillment of his mandate. It makes special attention should be given to ensure universal respect for and effective implementation of the principle of medical ethics relevant to role of health personnel, protection of prisoners against torture, cruel, inhuman treatment adopted by General Assembly. It provides the assistance to victims of torture and ensuring more effective remedies for physical, social and psychological rehabilitation.
The one of the important issue of human rights regimes was the worker rights regime that developed in International Labor Organization after World War I. This organization is dealt with freedom of association, right to organize, protection of rights of migrant workers, forced lab our, indigenous people as well as with a variety of technical issues concerning with condition of worker, work place, pay, allowances, safety. ILO is one of the important organizations which provide betterment of working class and national standard and practices. It also has human rights reporting system.
The committee of experts review periodic report submitted by states on their implementation of ratified convention. These experts make ILO central monitoring body deals with technical issues such as give equal pay for equal work, protection of lab our from exploitation, proper working condition, proper pay and incentive, hours of work, minimum working age.
1LO is one of the international organizations not entirely immune from political pressure and biases. It is active, effective, and impartial in human rights works. As Article 23 of League of Nations concerned human rights relating to fair and human condition of lab our for men women and children. As it makes development of the international human rights law. So international lab our organization
It recommends that advisory services and technical assistance programme with United Nation system respond positively to request by states for assistance which would be direct benefit to indigenous people. It make adequate human and financial resource be available to the centre for human right within overall framework of strengthening the centre activities. It helps in establishment of permanent forum for indigenous people in United Nation and ensures full and free participation of indigenous people in all aspect of society.
Thus, we can say multilateral human rights policies that are carried out within framework of international and regional organization.