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 آليات الأمم المتحدة لحقوق الانسان - ملخص محاضرة
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الأعزاء جميعا
سلامات
أدناه ملخص لما دار بالمحاضرة عن آليات الامم المتحدة لحقوق الانسان التى كانت يوم 23 فبراير
مع التحايا
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UN Treaty Monitoring Bodies Presentation
Peace Building Project Conference Hall
23/02/2004, 2:00 p.m.
Brief
The presentation was provided by members of NGOs who participated in Geneva Training Course on the Treaty Monitoring Bodies Workshop held between 10-21 November 2003. The workshop organized by Arab Migrant Centre in conjunction with the International Service for Human Rights in Geneva for 15 participants from Sudanese Human Rights NGOs, defenders. The course was coincided with the meetings of two United Nations Treaty Monitoring Bodies, the Committee on Economic, Social and Cultural Rights and the Committee against Torture.
The overall goal of the training course is to support efforts to build and improve the capacity of the human rights movement in Sudan by empowering Sudanese activists with the skills and knowledge to make effective use of the UN human rights.
The U.N. treaty system definitively establishes the legitimacy of international interest in the protection of human rights. It is undisputed that sovereignty is limited with respect to human rights. International supervision is valid and states are accountable to international authorities for domestic acts affecting human rights. The treaty standards are the benchmark for assessment and concern.
Over the last decade ratifications in the treaty system and acceptance of communication procedures have risen exponentially. What began as an assertion of a few, is now a global proclamation of entitlements of the victims of human rights abuse. Furthermore, this participation by states has been voluntary. The obligations of the human rights treaties have been freely assumed. It is the legal character of these rights which places them at the core of the international system of human rights protection. For these rights generate corresponding legal duties upon state actors, to protect against, prevent, and remedy human rights violations.
The presenters described the UN System regarding Human Rights and its mechanisms, mainly:
Charter-based mechanisms
There is no single mechanism for the enforcement of human rights instruments on the international level. Many questions of violating human rights instruments are dealt with in political fora, such as the Security Council, the General Assembly, or the Commission on Human Rights. The Commission is mandated to discuss any matter in relation to human rights and meets in Geneva for six weeks once a year. These fora are called the Charter-based mechanisms. Tools linked to the Charter-based mechanisms are the Special Rapporteurs on both country and thematic issues. The mandates of these rapporteurs are defined in the resolutions that create them.
Treaty-based mechanisms
Each human rights treaty establishes a body which monitors the implementation of the treaty. These are called treaty-based mechanisms on which independent experts serve:
CCPR Human Rights Committee
CESCR Committee on Economic, Social and Cultural Rights
CERD Committee on the Elimination of Racial Discrimination
CAT Committee against Torture
CEDAW Committee on the Elimination of Discrimination against Women
CRC Committee on the Rights of the Child
Beside the Universal Declaration for Human Rights.
These treaty-based mechanisms receive and review reports from state parties, and may review individual complaints through separate acceptance by the state parties. For example, under the CCPR, if a state has ratified Optional Protocol 1, then an individual can file a complaint against that state with the Committee. However, this type of complaints only applies to the CCPR, CERD, and CAT. Treaty-based mechanisms also provide for a complaint procedure between states, however, this is rarely used.
The observations on state reports and general comments issued by the various committees are not legally binding, but are important tools in understanding the contents of the treaties and should guide states in their efforts to implement their legal obligations under the treaty.
The primary aims of the treaty system are to:
encourage a culture of human rights
focus the human rights system on standards and obligations
engage all states in the treaty system
interpret the treaties through reporting and communications
identify benchmarks through general comments and recommendations
provide an accurate, pragmatic, quality end product in the form of
concluding observations for each state
provide a remedial forum for individual complaints
encourage a serious national process of review and reform through
partnerships at the national level
operationalize standards
mainstream human rights in the UN system and mobilize the UN community to
assist with implementation and the dissemination of the message of rights
and obligations
The Standards
The human rights treaty system encompasses seven major treaties:
„h the Convention on the Elimination of all forms of Racial Discrimination
(in force 4 January 1969)
„h the International Covenant on Civil and Political Rights (CCPR)
(in force 23 March 1976)
„h the International Covenant on Economic, Social and Cultural Rights
(in force 23 March 1976)
„h the Convention on the Elimination of all forms of Discrimination Against Women
(in force 3 September 1981)
„h the Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment
(in force 26 June 1987)
„h the Convention on the Rights of the Child (in force 2 September 1990)
„h the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
(in force 1 July 2003).
The Treaty Bodies
The seven treaties are associated with seven treaty bodies which have the task of monitoring the implementation of treaty obligations. Six of the seven treaty bodies meet primarily in Geneva, and are serviced by the Office of the UN High Commissioner for Human Rights (OHCHR). These are:
the Committee on the Elimination of Racial Discrimination (CERD)
the Human Rights Committee (HRC)
the Committee on Economic, Social and Cultural Rights (CESCR)
the Committee Against Torture (CAT)
the Committee on the Rights of the Child (CRC)
the Committee on Migrant Workers (CMW).
the Committee on the Elimination of Discrimination Against Women (CEDAW).
The treaty bodies are composed of members who are elected by the states parties to each treaty (or through the UN Economic and Social Council (ECOSOC) in the case of CESCR). In principle, treaty members are elected as experts who are to perform their functions in an independent capacity.
The Functions of the Treaty Bodies
Meeting periodically throughout the year, the treaty bodies fulfill their monitoring function through one or more of three different methods.
First, all states parties are required by the treaties to produce state reports on the compliance of domestic standards and practices with treaty rights. These reports are reviewed at various intervals by the treaty bodies, normally in the presence of state representatives. Concluding observations, commenting on the adequacy of state compliance with treaty obligations, are issued by the treaty bodies following the review.
Second, in the case of four treaties individuals may complain of violations of their rights under the treaty (the Civil and Political Covenant, the Racial Discrimination Convention, the Convention Against Torture, and the Women's Discrimination Convention). These complaints are considered by the treaty body which expresses a view as to the presence or absence of a violation.
Third, in the case of CAT and CEDAW, their work includes another procedure. This is an inquiry procedure which provides for missions to states parties in the context of concerns about systematic or grave violations of treaty rights.
In addition, the treaty bodies contribute to the development and understanding of international human rights standards through the process of writing General Comments or Recommendations. These are commentaries on the nature of obligations associated with particular treaty rights and freedoms.
Presenters spoke about their experience regarding child rights and preparing the alternative report and presented in the Committee on the Rights of the Child. They assure that writing the alternative report not easy thing, and civil society organizations should consult academicians, consultants in different fields to come out with useful information for the Committee on Economic, Social and Cultural Rights, which already received the report from the Government.
Participants of the presentation assure that the long way to prepare the report will be useful for NGOs to collaborate and share experience and knowledge. Also agreed on sharing the information with media, governmental institutions and different NGOs although the group of Geneva Training Course will be the coordinator for the work through legal NGO for hosting the process.
They raised the crucial need to deliver the information regarding the human rights to the grassroots and start with promoting International conventions.
They agreed that collectively presentation for the alternative report will give the report weight in the Committee on Economic, Social and Cultural Rights.
(عدل بواسطة peace builder on 02-26-2004, 04:15 PM)
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peace builder
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