An introduction to the Human Rights Council and its Mechanisms

The promotion and protection of human rights around the world, the United Nations have embodied the United Nations Human Rights Council (UNHRC), usually called the Human Rights Council. The UNHRC was established by the UN General Assembly on 15 March 2006 to replace the UN Commission on Human Rights. This establishment has been done throught resolution A/RES/60/251.

The UNHRC investigates on allegations of breaches and violations of human rights within the UN members states only. This organ address crucial thematic human rights issues such as freedom of expression, LGBTQ rights, women´ rights, rights of racial and ethnic minorities, freedom of association and assembly.

During its differents sessions the Council debate and pass resolution on global human rights issues and human rights situations in particular countries, appoint independent experts (known as ´Special Procedures´) to review human rights violations in specific countries and examine and further global human rights issues.

The Council consists of 47 members eleceted yearly by the General Assembly for a three-year term. The seats are distributed along the following scheme : 13 for the African Goup ; 13 for the Asia-Pacific Group ; 6 for the Eastern European Group ; 8 for the Latin America and Carribean Group ; 7 for the Western European and Others Group. The UNHRC holds regularly three sessions a year : March, June and September. The Council can decide to holds a special session at any time to address a rising issue of emergency and human rights violations. This can be done at the request of one-third of the member states.

To ensure its work is done effectively, the UNHRC has established mechanisms and a fixed working structure. An important component of the UNHRC is the Universal Periodic Review Working Group. This group works at reviewing all the 193 UN member states. The reports reviewed come from different sources, even from non-governmental organizations.

There is the Human Rights Consultative Committee : the Advisory Committee, which works is toprovide advice to the UNHRC. It has been created in September 2007. This committee was suggested to be created by the Sub-Commission on the Promotion and Protection of Human Rights that was the main subsidiary body of the Council of Human Rights. The Sub-Commission has been replaced by the UNHCR which embodies its mandate.

The complaints procedure is another mechanism of the UNHRC. It has been established on June 18, 2007 for reporting of consistent pattenr gross and reliable attested violations of human rights and fundamental freedom anywhere in the world. There is two working groups for the complaints procedures : 1) The Working Group on Communications – made up of 5 experts designated among the members of the Advisory Committee, one coming from each regional group. They work during a three-year term that could be renewed. They madate is to determine whether a complaint deserves investigation ; 2) the Working Group on Situations – also made up of 5 members, appointed by the regional groups for one year renewable once. They madate is to examine the communications transferred by the Working Group on Communications addressing the human rights violations to present a report to the UNHRC and make recommendations.

In addition to these mechanisms, the UNHRC has other subsidiary bodies : Expert Mechanisms on the Rights of Indigenous People, Forum on Minority Issues, Social Forum.

The core mechanism of the Human Rights Council is ´Special Procedures´ that gather experts observations and advice on human rights issues everywhere in the world. Special Procedures are categorized either on thematic mandates, focusing on major human rights violations in the world, or country mandate, which report on the situation of specific countries. Special procedures can be either individuals, in this case they are called ´special rapporteurs´ or ´ independents experts´ who are supposed to be expert in a particular area of human rights, or working groups of 5 members usually, each group are from one region of United Nations. This structure and organization of UNHRC´s mechanisms is a strategic development to monitor effectively human rights around the world. The Council has been able to resolve various conflicts, situations, crisis within UN member states. We hope that the work could be pursued and strenghtened on order to ensure and ehance human rights protection in any circumstances

Understanding how the UN Human Rights bodies function

In the post-World War II period, international consensus crystallized around the need to identify the individual rights and liberties which all governments should respect, and to establish mechanisms for both promoting States’ adherence to their human rights obligations and for addressing serious breaches. Thus, in the decade following the war, national governments cooperated in the establishment of the United Nations.

This Organization then prepared non-binding declarations or binding treaties which spelled out the specific liberties understood to be human rights, including the Universal Declaration of Human Rights.

Human rights violations were one of the key factors that led to the creation of the United Nations system. For the major challenge was to protect the human person, whatever his identity, culture or race.

Thus the United Nations was endowed with bodies and treaties capable of ensuring respect for and promotion of its fundamental principles of human rights.

Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. These rights are guarantees by the UN system of human rights which has a concrete mandate. The UN system of human rights protection has two main tasks: it develops international human rights, and it monitors and protects existing human rights. Since the ratification of the Universal Declaration of HumanRights, several UnitedNations mechanisms for enforcing and protecting economic, social, and cultural rights have emerged.

However, Each State party has an obligation to take steps to ensure that everyone in the State can enjoy the rights set out in the treaties. The treaty body helps them to do this by monitoring implementation and recommending further action.

The treaty bodies perform a number of functions aimed at monitoring how the treaties are being implemented by their State parties. All treaty bodies, with the exception of the Subcommittee on Prevention of Torture, are mandated to receive and consider reports submitted periodically by State parties detailing how they are applying the treaty provisions nationally.

Each of the treaty bodies publishes its interpretation of the provisions of its respective human rights treaty in the form of “general comments” or “general recommendations”. These cover a wide range of subjects, from the comprehensive interpretation of substantive provisions, such as the right to life or the right to adequate food, to general guidance on the information that should be submitted in State reports relating to specific articles of the treaties.

The conventions agreed by States and embodied by the treaties and organs most of the time suffer enforcement ; this is the reason why a military body composed of military forces of voluntary countries often intervene in States during crisis.

Since 2004, the human rights treaty body system has almost doubled in size with the addition of four new treaty bodies and three new optional protocols for individual complaints, of which one is already in force.

This growth has prompted the United Nations High Commissioner for Human Rights to request all stakeholders to rethink the future of treaty bodies and to come up with innovative and creative ideas to strengthen the system.

The final achievement would be to create an international World Order governed by the principles shaped and promoted by the UN Human rights system.

African Charter on the Rights and Welfare of the Child : Advantage at Service of the African Child

African Union has at its disposal several instruments that place the human person at the heart of their action. Since taking into account the human dignity and fundamental rights of each person is an essential pillar of any sustainable development, each category of person has an instrument for the promotion of his or her rights.

Children in Africa are affected by many different types of abuse, including economic and sexual exploitation, gender discrimination in education and access to health, and their involvement in armed conflict. Other factors affecting African children include migration, early marriage, differences between urban and rural areas, child-headed households, street children and poverty. Furthermore, child workers in Sub-Saharan Africa account for about 80 million children or 4 out of every 10 children under 14 years old which is the highest child labour rate in the world[1].

Regarding these dangers for children, the need of an instrument for protection against abuse and bad treatment, negative social and cultural practices, all forms of exploitation or sexual abuse, including commercial sexual exploitation, and illegal drug use. Is required. To answer this problematic, African Union has worked out a tool for children and child rights defenders in Africa, who have an instrument for the promotion and protection of the rights of the children : The African Charter on the Rights and Welfare of the Child.

The African Charter on the Rights and Welfare of the Child is a regional human rights treaty adopted in 1990 and which came into force in 1999. It sets out rights and defines principles for the status of children. The African Charter can be a powerful tool to hold governments accountable for ending children rights violations around the continent.

The Children’s Charter originated because the member states of the AU believed that the CRC missed important socio-cultural and economic realities particular to Africa. It emphasises the need to include African cultural values and experiences when dealing with the rights of the child in such as: challenging traditional African views which often conflict with children’s rights such as child marriage, parental rights and obligations towards their children, and children born out of wedlock. prohibiting marriages or betrothals involving children ; tackling specific African issues that affect children. For example, it called for the confrontation and abolishment of apartheid and similar systems; and although, apartheid is now over, this provision is still applicable to children living under regimes practicing ethnic, religious or other forms of discrimination.

The Charter called for the creation of an African Committee of Experts on the Rights and Welfare of the Child (Committee of Experts). Its mission is to promote and protect the rights established by the ACRWC, to practice applying these rights, and to interpret the disposition of the African Charter on the Rights and Welfare of the Child as required of party states, African Union (AU) institutions, or all other institutions recognized by AU or by a member state.

Civil society organisations and international institutions have played a significant role in the work of the Committee of Experts and they have served as the backbone of the committee’s work since inception. International non-governmental organizations have been particularly involved in the work of the committee, providing different kinds of expertise and financial support to most of the work.

Although civil society organisation involvement was minimal in the beginning, over the intervening years they have since taken a pivotal role in ensuring that the committee fulfills its mandate and in providing the necessary support needed to facilitate its work. The adoption of the guidelines for granting observer status will now also ensure that more civil society organisations are able to formally participate and contribute in the process.

This improvments and further participation of civil society in Africa is the proof that legal instruments could be useful as for children rights in Africa. Thus, we can ensure protectino and promotion of children´ rights now and for the future generations of Africa.

[1] https://en.wikipedia.org/wiki/African_Charter_on_the_Rights_and_Welfare_of_the_Child#African_Committee_of_Experts_on_the_Rights_and_Welfare_of_the_Child_(Committee_of_Experts)