کتاب The status and performance of special rapporteurs on human rights with a view to protecting economic, social and cultural rights

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کتاب The status and performance of special rapporteurs on human rights with a view to protecting economic, social and cultural rights

149,000 تومان

تعداد صفحات

99

شابک

978-622-378-149-0

نویسنده:

LIST
TITEL PAGE
INTROUDUCTION 9
CHAPTER ONE 15
Protection of Human Rights by special rapporteurs 15
History of the establishment of the UN Special Rapporteurs 15
An analysis of the concept of a UN rapporteur 15
The origin of the Special Rapporteurs in the United Nations Economic and Social Council 16
Appointment of special rapporteurs within the framework of the former Commission on Human Rights 18
Challenges facing the first special rapporteurs of the Commission on Human Rights 22
Preserving and strengthening Special Rapporteurs within the framework of the Human Rights Council 29
Development and continuity of the activities of Special Rapporteurs of the Human Rights Council 32
Special Representative of the Secretary-General 34
CHAPTER TWO 39
Appointment and procedure of special rapporteurs on human rights and their relations with other international institutions 39
The appointment of special rapporteurs and their tasks 39
Special rapporteurs’ appointment criteria 39
Formal procedure for appointing special rapporteurs 41
Length of service of special rapporteurs 42
Special Rapporteur’s immunity 43
Special rapporteurs’ tasks within the framework of the Human Rights Council 44
Procedures for special rapporteurs to perform their tasks 47
Special rapporteurs communicate with countries by sending messages 49
Using the individual allegation system as a procedure for the special rapporteurs of the Human Rights Council 54
Country visits 58
Principles and conditions of country visits to a region 61
Obstacles to special rapporteurs when visiting a country 62
Achievements and results of the country visit 63
Release of reports and rule maker practices and preparation of thematic studies 63
Follow-up 65
Special rapporteurs of Human Rights Council communication with NGOs and other UN agencies 67
The role of NGOs in international courts and agencies 68
Communication and performance of NGOs in the field of Special Rapporteurs of the Human Rights Council 69
Communication of Special Rapporteurs of Human Rights Council with UN agencies 71
Monitoring the performance of Special Rapporteurs of the Human Rights Council 72
Conclusion 74
CHAPTER THREE 77
The performance of the Special Rapporteurs of the Human Rights Council in the field of economic, social and cultural rights 77
The nature of the economic, social and cultural rights and the root of their formation in the international arena 77
critique of the distinction between different types of human rights 79
Mechanisms for monitoring the implementation of the economic, social and cultural rights at the international level 81
Conclusion 84
REFERENCES 89

 

 

History of the establishment of the UN Special Rapporteurs
An analysis of the concept of a UN rapporteur
The functioning of any international mechanism can be understood when the historical foundations and reasons for its establishment are considered from the beginning and a suitable framework for its historical understanding is provided. In this section, the history of the establishment of the Special Rapporteurs in the United Nations is attempted to be drawn.
At first, it seems necessary to clarify the meaning of the term “rapporteur”. “Rapporteur” cited in all international texts is a French word. Any conceptualization of this term contains at least four basic elements: (1) review and analysis, (2) fact-finding and reporting, (3) taking immediate actions to protect all human beings, and (4) providing appropriate recommendations to governments .
From another perspective, the above-mentioned elements constitute the four pillars of the concept of “reporting” and the strategic principles in determining the concept and procedure of rapporteurs in the United Nations. Every rapporteur in any field should consider these four characteristics as the main framework of his / her authority and duties so that he / she can be accepted as a rapporteur.
It is worth noting that although these elements are embedded in any conceptualization of the “rapporteur”, this does not mean that the duties of rapporteurs are limited to them. However, in the thirty years since its inception within the framework of the United Nations, the tasks of the rapporteurs have expanded, their scope of activities has covered a wide range of issues, and they have taken fundamental steps in line with new developments. In this study, these trends are addressed as much as possible.
The origin of the Special Rapporteurs in the United Nations Economic and Social Council
The United Nations is presumed to be the only international body that, after the devastating world wars, is regarded by people around the world as a refuge for the realization of their fundamental rights and as a symbol of human rights. So the affiliated institutions must use all their facilities to provide the standards of a desirable life with peace.
General, it can be argued that the scope of human protection in the international human rights system is very wide, and during the long period since the founding of the United Nations, more than 25 international treaties have been concluded in various fields . Despite this rich literature, it is time to enrich the rules and take more appropriate steps to bridge the gap between the promotional and guaranteed dimensions of human rights.
It should not be forgotten that these rules only apply when they are overseen by a strong organization and determined individuals. The UN Charter, as the founding document of the United Nations, has provided this flexibility for the organization to keep pace with developments in the international community and to reform or even complete its structure. This is one of the strengths of the United Nations. However, there have been many such actions in the history of the United Nations, and this trend continues.
In particular, in order to facilitate the protection and monitoring of basic human rights, which, according to the UN Charter, have taken on a legal color after many years and are in fact one of the reasons for the establishment of the United Nations, the UN has entrusted them to a number of institutions within its framework to provide the basis for the implementation of fundamental human rights in various forms around the world. Since the subject of this study is the performance of the Special Rapporteurs on Human Rights, the origins of this institution in the United Nations are discussed below and no other active United Nations institutions are mentioned.
One of the main bodies overseeing human rights in the United Nations is the Economic and Social Council, which works alongside the General Assembly and the Security Council. It is worth noting that all UN bodies pay attention to human rights, but according to the UN Charter, only the General Assembly and the Economic and Social Council are explicitly referred to as human rights bodies.
The Economic and Social Council has 54 members elected by the General Assembly for a term of three years. The activities of this council cover a wide range of economic, social, cultural, educational and health affairs .
Formed within the framework of the UN Charter, the agency has established 14 specialized functional commissions and 5 regional commissions over the years and receives reports from eleven United Nations programs to be able to perform its tasks more efficiently, including raising living standards, creating a full-fledged employment environment, finding international solutions to economic, social, and health issues, creating international facilities for cultural and educational cooperation, and, finally promoting universal respect for human rights and fundamental freedoms. The Economic and Social Council has also set up a central public space for international discussion, international policy-making and advising governments on economic and social issues .
Spending more than 70% of the UN budget and manpower and taking on more than half of the core activities of the United Nations, the Economic and Social Council has now become the largest pillar of this international agency . The Economic and Social Council seems to have the potential to conduct preliminary studies on the above issues and issue reports and recommendations. Although the authority of the Economic and Social Council relies solely on the recommendations and advisory opinions it issues, and these considerations have made it somewhat difficult to implement the Council’s options, meetings and recommendations issued by the Assembly play an important role in determining and developing international priorities in this area .
The UN Commission on Human Rights is one of the subsidiary bodies of the Economic and Social Council, which has taken steps since its establishment to protect the rights of individuals through various mechanisms . About 60 years ago, following the widespread human rights violations by countries, the commission was established with the aim of stopping and preventing the recurrence of human tragedies.
Appointment of special rapporteurs within the framework of the former Commission on Human Rights
The actions of the Commission on Human Rights to protect human rights and the appointment of special rapporteurs in this regard
With the prospects of developing human rights, promoting human rights protection, and examining the human rights situation in some countries, the Commission on Human Rights launched a series of ongoing and effective measures. The Commission on Human Rights was responsible for dealing with matters referred to it by the General Assembly or the Economic and Social Council. The investigation of allegations of human rights violations in various countries and the handling of complaints were among the most important of these agendas, which are discussed in a separate section.
Additionally, the Commission cooperated with other competent UN bodies and NGOs. Some of the activities that first emerged within the framework of this international body were the appointment of Special Rapporteurs on human rights, deciding on the status of human rights implementation in some countries, providing suggestions, recommendations and research reports on human rights issues, and submitting reports and decisions to the Economic and Social Council and, through it, to the UN General Assembly.
In the first two decades of its operation, from 1947 to 1966 , the Commission mainly developed human rights standards, for example the International Covenant on Human Rights Initiative, which was adopted by the General Assembly in 1966. The two most important conventions on human rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights , are in fact the framework for the guarantee and implementation of human rights. However, in the aftermath of the ratification of these documents, neither the Commission had the power to investigate complaints of human rights violations , nor were governments prepared to deal with these developments. So in the second period of its activity, i.e. since 1967, the Commission made significant efforts to monitor the implementation of the above-mentioned laws and to address the situation of human rights violations in various countries . In this regard, after the adoption of Resolutions 1235 in 1967 and 1503 in 1970, the Commission began a new phase of its activities. At this phase, the Commission’s mandate was extended to the executive and human rights violations through the legislative phase .
Formed following the decision of the Economic and Social Council, Resolution 1235, although containing only 6 short paragraphs, established important systems within the UN framework . Special rapporteurs as well as working groups were formed to provide real support for human rights and to prevent or address major human rights violations. In this phase, the status of human rights in different countries was examined according to the standards developed in the first 20 years. In other words, the Commission on Human Rights, one of the main bodies under the UN Charter on Human Rights, was allowed to set up special working groups of international experts in various fields, according to the third paragraph of Resolution No. 9 of the Economic and Social Council in June 1946 .
The Commission on Human Rights assigned special missions to human rights experts, called Special Rapporteurs or Special Representatives, to carry out its tasks and achieve its goals. These rapporteurs were usually appointed by the chairman in consultation with the members of the commission and were divided into two categories in terms of performance: First, the country representatives or thematic special rapporteurs that examined the human rights situation in a particular country. Second, the thematic representatives or special rapporteurs who worked in a particular field. The basis for the establishment of this new body in the Commission should be traced to Resolution 1235 adopted by the Council in June 1967 .
Moreover, with the adoption of Resolution 1503 of 27 May 1970, the Economic and Social Council empowered the Commission to set up a working group to investigate complaints and allegations of human rights violations in countries, as well as the response of governments to these complaints and allegations every year confidentially, and to draw the Commission’s attention to situations that indicate persistent and manifest human rights violations. For the first time, the Subcommittee recommended the Commission on Human Rights to put the human rights situation in Chile on its agenda. The number of countries whose human rights record situation examined increased in the following years.
As independent experts, the Country Special Rapporteurs conducted detailed studies of governments accused of widespread human rights violations, including site visits with the consent of the governments concerned. These studies provided the basis of reports and recommendations to the Commission on Human Rights by the rapporteurs. The reports were initially submitted to the UN General Assembly and finally to the Commission on Human Rights, which formed the basis for a resolution against a country .
On the other hand, Thematic Special Rapporteurs on Human Rights investigated a specific case in different countries and submitted their report to the Commission on Human Rights. The origins of thematic procedures can be traced back to the creation of the Working Group on Enforced or Involuntary Disappearances in 1980 .
Challenges facing the first special rapporteurs of the Commission on Human Rights
The Commission on Human Rights appointed the first working group to investigate apartheid in South Africa in 1968 . The measure expanded the practical grounds for UN action against apartheid. In December 1982, the General Assembly requested the Commission to periodically check the status of committing the crime. Finally, the working group published a list of 300 perpetrators of apartheid-related acts in 1984.
The claim that the Commission on Human Rights’ working group in South Africa is a pioneer in promoting international justice, and that the first manifestation of the commission’s efforts to establish an international criminal court should be represented in relation to this working group, may not be far-fetched . The efforts of this working group and later other rapporteurs can be acknowledged to have been effective in strengthening the accountability of countries and monitoring their behavior. In fact, the efforts made within the framework of this institution can be seen in various parts of the international system of human rights protection. The General Assembly resolution also suggests that one of the reasons for establishing this body was to prevent human rights violations .
On the other hand, the Country Special rapporteur on Human Rights have also demonstrated their important role in this field by guiding the legislative system of governments towards greater commitment to international law, respect for and guarantee of human rights, cooperation with UN investigation systems, and providing technical assistance.
The above processes, which began with the establishment of the Commission on Human Rights’ Working Group in South Africa, continued and improved well with the subsequent actions of the UN pillars. In the second step, the General Assembly, after the action of the Commission, again received its assistance in 1969, according to Resolution 2103, with the formation of a special committee to investigate the human rights situation in the Arab occupied territories .
Theodore Van Bowen , head of the Human Rights Department, first proposed the idea of replacing a person with a working group in 1978 after a group of international law experts was appointed by two pillars of the United Nations, the General Assembly and the Commission on Human Rights to investigate widespread human rights violations in the two countries . The idea was approved by the Commission on Human Rights. In the same year, Mr. Abdoulaye Daye, from Senegal, was appointed as the country rapporteur on the situation in Chile, in accordance with the principles and rules known today .
One of the reasons why the United Nations preferred to appoint an expert to a group of people in the form of a committee or working group was the lack of UN funding and the logistical position of governments. In this way, the United Nations was able to control more territories. This was more in line with the reality of gross violations of fundamental human rights in various countries and provided a better opportunity for the United Nations to respond in support of its fundamental values.
Chile was the first country to receive a fact-finding rapporteur in 1978. It made a number of objections to the conduct of the United Nations , the most serious of which was the principles governing the reporting procedure.
In response to these allegations, the rapporteur stated that he / she was free to determine her procedure in accordance with the spirit of the UN Charter, the governing principles, and practical actions of the United Nations due to the lack of doctrine in this area .

 

تعداد صفحات

99

شابک

978-622-378-149-0

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