Category: school

AG, RR, EO.

Thematic Mechanisms

Thematic Mechanisms have been in use since 1980. They were originally created in response to disappearances in Argentina. In order to preserve national integrity, avoid political embarrassment, and protect economic issues, they were created on an international level as opposed to an individual country level. The Commission used a ‘thematic’ mechanism to avoid a “country-specific inquiry”. They are only allowed to make ‘opinions’ not decisions and are allowed to make recommendations to the Commission. Different techniques include requests to governments for information that is case specific, and that the government take “immediate action” to remedy the situation, as well as on-site visits. How do thematic mechanisms interact with 1503 and 1235 procedures?

United Nations Security Council

The UNSC is comprised of 15 member states, 5 permanent members (US, UK, France, Russia, and China) and 10 rotating members elected by the GA every two years. Each member has one vote and the 5 permanent members have a “veto-power”. In order for a resolution or a substantive decision to be passed, it must have 9 affirmatives and all 5 members states must vote affirmative, if one abstains or dissents, that is the veto power and the resolution is not passed. The primary responsibility of the UNSC is to maintain international peace and security under the collective security system provided for in the UN Charter. They are empowered to investigate disputes and make recommendations regarding appropriate procedures such as sanctions or military intervention. The Security Council is arguably the most powerful UN organ with a “monopoly over the use of force”.

SC Humanitarian Intervention

Humanitarian intervention is the use of force justified by reference to an overriding humanitarian emergency, ranging from small scale relief operations to long-term military engagement. Its use requires consensus among the members of the Security Council, and within the discourse of intervention, the question of protecting sovereignty (from intervention) is raised time and time again by those who would seek to delay or to stop intervention. The Security Council thereby intervenes within a State in order to stop or prevent gross violations of human rights. Secondly, human rights themselves are used as a justification for intervention itself. Nonetheless, how do we justify intervening in the domestic affairs of a sovereign State when scholars like Michael Ignatieff argue that the sovereignty of the State is “the best guarantee of human rights that there is” (pg. 657).

Sanctions range from comprehensive embargos, to a more limited embargoes which freeze assets and halt arms trade. Multilateral sanctions would include the economic embargo against Iraq (prior to the War), freezing of assets of the Taliban, and unilateral US sanctions against Cuba and North Korea. They can be seen as either a violation of human rights or a form of humanitarian intervention. Sanctions almost always impact the rights outlined in the ICESCR by diminishing the ability of the impacted State to provide for their populations. If we follow Ignatieff’s argument, then how do we justify the imposition of economic sanctions against any State?

In the response to Kofi Annan’s speech on the events in Kosovo (pgs. 658 – 659), we are faced with the notion that the common interest so necessary for humanitarian intervention can itself be questioned. Who defines the common interest? Who should defend the common interest? How should the common interest be defended? With the events described in Kosovo, and the most recent events in Iraq, can the common interest be defined solely by any one State power, or a coalition of State powers, or is there some other mechanism by which the common interest can be defined?

JH, NE, RN. Group 4

The reading begins by discussing the problematic topic of enforcement in the realm of human rights. Serious questions are raised about the feasibility of consistent enforcement of human rights norms. It is relatively clear that some international enforcement is inevitable, regardless of it’s agreed upon desirability. However, the reading asserts that the degree of enforcement will vary depending on countries’ perspective of world order. Debates about state sovereignty and the effectiveness of local versus international implementation of rights make it difficult to establish a concrete method of enforcement. Only the Security Council, as per the UN charter, has the power to enforce its decisions. Status quo methods of enforcing international law include economic or other sanctions, and armed force. The international attempt to liberate ethnic minorities in Kosovo and East Timor highlights the use of force as a means of enforcing human rights. When small countries are in crisis, it seems that the global community can functionally enforce international law. In the current system are powerful nations accountable for their actions? Is there an underlying assumption in the structure of the UN that egregious violations of international law do not occur, or cannot be remedied in the ‘developed’ world?

The second part of the reading discusses the many institutions that make up the United Nations. The UN Charter in its text mandates the existence of specific enforcement organs. Treaties can also form organs to monitor the compliance of party states. Charter-organs are specifically discussed in the reading. The International Court of Justice, the Economic and Social Council, the Commission of the Status of Women, and the Commission of Human Rights along with the Sub-Commission on the Promotion and Protection of Human Right are all examples of charter-organs. These organs presumably, have the ability to promote and enforce the protection of human rights, because they represent the collective views of the General Assembly. The Assembly is composed of all UN member states, each of which has one vote regardless of population, wealth or other factors (Steiner and Alston 600). The Secretary-General leads the Secretariat, and has the principal authority over human rights followed closely by the High Commissioner on Human Rights.

The U.N. Commission uses three different procedures to address violations:

a) The 1503 Procedure: A group that seeks to examine communications pertaining to possible human rights violations. Communications must follow the U.N. charter and the Universal Declaration of Human Rights. It prioritizes a series of violations over individual incidents. The entire procedures are maintained in the strictest of confidence between the committee and the relevant parties. This leads to the question of whether this impedes the work of the commission in gathering relevant information. Also, if the public is not aware of the accusations being brought against the country, how does it affect accountability?
b) The 1235 Procedure: The Commission makes a thorough study of situations which reveal a consistent pattern of gross violations of human rights. This is done in a public debate and also involves investigation of particular complaints. Is this procedure more fair than 1503?
c) UN special rapporteurs that engage in specific fact finding in countries accused of human rights violations. The overall quality of the reports has been strong.

The last section describes the examination of Chinese human rights violations. It seems that through lobbying and bargaining, China has avoided a thorough investigation and accountability for its actions. Resolutions urging China to improve its human rights practices and criticism of ongoing violations of international standards floundered because of a lack of support from nations who wished to maintain cordial economic relationships. What justifies the prioritization of trade and economic gains over Human Rights abuses? The Chinese ambassador argued that because Western nations were also guilty of human rights violations, their accusations are unjustified. The question then becomes, does one country’s violations exempt it from the possibility for holding others accountable for similar violations?