The United Nations

Human Rights
Monitoring Systems
Ma. Claudine Fae F. Javier
Human Rights
Saturday 8-10 am
1. Independent Experts vs. State
representatives
2. Treaty Bodies vs. Charter-based
bodies
3. Treaty Bodies: Human Rights
treaties and Committees
4. Charter-based bodies: Human
Rights Council, ECOSOC, UN
General Assembly
 Independent Experts vs. State
representatives
• Independent Experts
–Examples: Treaty-bodies, Special
Procedures

• State representatives
–Examples: HR Council, General
Assembly
Treaty bodies vs. Charter-based bodies
• Treaty-bodies
– Established by a human rights treaty
– Competence for rights covered by the treaty
– Obligations for State parties to the treaty
– Examples: Human Rights Committee, Committee for
the Rights of the Child

• Charter-based bodies :
– Mechanisms derive from the UN Charter
– Competence according to resolution creating the
mechanism
– Potentially obligations for all UN member States
– Examples: Human Rights Council, Special Procedures
 Treaty bodies
Treaty
International Covenant on Economic, Social
and Cultural Rights
International Covenant on Civil and Political
Rights
International Convention for the Elimination
of all Forms of Racial Discrimination
Convention on the Elimination of all Forms of
Discrimination against Women
Convention against Torture
Convention on the Rights of the Child
Convention on the Protection of the Rights of
Migrant Workers
Convention on the Rights of Persons with
Disabilities
Convention on the Protection of all Persons
from Enforced Disappearance
Treaty-body
Committee on Economic, Social and Cultural
Rights (CESCR)
Human Rights Committee (CCPR)
Committee on the Elimination of Racial
Discrimination (CERD)
Committee on the Elimination of
Discrimination against Women (CEDAW)
Committee against Torture (CAT)
Committee on the Rights of the Child (CRC)
Committee on Migrant Workers (CMW)
Committee on the Rights of Persons with
Disabilities (CRPD)
Committee on Enforced Disappearances (CED)
 Treaty bodies - Functioning
• Composed of independent experts
• Reporting procedure & NGO
shadow reports
• General comments
• Individual complaints /
Communications procedure
• Country Visits (CEDAW-OP, CAT, SPT, CRPD)
 Treaty bodies - Issues
• Ratification (treaty and OPs)
• Reservations
• Delays in submitting reports
• Independence of Committee
members
• Harmonisation of treaty-body
system
 Treaty bodies – Useful contacts
Treaty- Specialised NGOs
body
CESCR Economic, Social and Cultural Rights Network (ESCR-Net)
Europe Third-World Centre (CETIM)
CCPR Centre for Civil and Political Rights (CCPR Centre)
CERD Int. Movement against all Forms of Discrimination and Racism (IMADR)
Movement Against Racism and for Friendship between Peoples (MRAP)
CEDAW International Women's Rights Action Watch (IWRAW) Asia Pacific
Women’s International League for Peace and Freedom (WILPF)
CAT World Organisation against Torture (OMCT)
Association for the Prevention of Torture (APT)
CRC NGO Group for the Convention on the Rights of the Child
CMW ?
CRPD International Disability Alliance (IDA)
CED International Coalition against Enforced Disappearances (ICAED)
 Charter-based Bodies
• Human Rights Council
– Special Procedures (in separate presentation)
– Universal Periodic Review (in separate presentation)
– Expert Mechanism on Indigenous Peoples
– Forum on Minority Issues
– Social Forum
– Advisory Committee
– Complaints Procedure
• Economic and Social Council (ECOSOC)
– Committee on NGOs
– Commission on the Status of Women
– Permanent Forum on Indigenous Issues
• UN General Assembly
– Third Committee
– Human Rights Council
 Human Rights Council
• Sessions
– Regular Sessions: 3 x per year
– Special Sessions: on request of 1/3 of HRC members

• Members
– 47 member stats
– Elected by General Assembly for 3 years
– Seats allocated by regional group

• Agenda
– 10 standing agenda items
 HR Council – Subsidiary bodies
• Expert Mechanism on Indigenous Peoples
– 5 independent experts appointed by HRC
– Thematic advise & studies; proposals
– One annual session in July
– Funding for participation through Voluntary Fund
• Forum on Minority Issues
– Chaired by Independent Expert on Minority Issues
– Implementation of Declaration on rights of minorities
– One annual session in November/December
• Social Forum
– Open to large range of actors
– Social justice, equity, solidarity, globalisation
 HR Council – Subsidiary bodies
• Advisory Committee (formerly Sub-
commission)
– “Think-tank” composed of 18 experts: studies &
research
• Complaints Procedure (formerly 1503)
– Confidential!
– Addresses gross and systematic violations of all
human rights
– WG on Communications -> WG on Situations ->
HR Council
Human Rights Council – Useful contacts
• NGO Welcome Desk
– www.welcomedesk.org, welcome@mandint.org
• Civil Society Section of OHCHR
– civilsociety@ohchr.org
• DoCip (on indigenous peoples)
– www.docip.org
• Women’s International League for Peace and
Freedom (on women’s rights)
– www.wilpfinternational.org, inforequest@wilpf.org
• UPR Info (on UPR)
– www.upr-info.org
• Forum Asia (on South-East Asia)
– www.forum-asia.org, info@forum-asia.org
 ECOSOC
• Committee on NGOs
– ECOSOC consultative status
• Commission on the Status of Women
– 45 member states elected by ECOSOC
– Reports, recommendations, policy and standard setting
– Follow-up to 1995 World Conference on Women
• Permanent Forum on Indigenous Issues
– Composed of 16 experts
– Advises ECOSOC and UN programmes, funds and
agencies
– Topics: economic and social development, environment,
health, human rights, culture, and education
– Coordination of indigenous issues within UN
– One session per year
UN General Assembly & Third Committee
• Topics:
– women, children, indigenous peoples, refugees, racial
discrimination, self-determination, youth, family, ageing,
disabilities, crime prevention, criminal justice, control
• Report of Human Rights Council
• Reports of Special Procedures mandate
holders
• Reports of Chairpersons of HRC
Working Groups
• Resolutions
– Mostly thematic, some country-specific
– Examples: HR defenders, torture; Syria, Myanmar, DPRK
Other UN mechanisms – Useful contacts
• Conference of NGOs in consultative status
(CoNGO)
– Thematic Committees:
– Committee on Human Rights
– Sub-Committee on Freedom of Religion and Belief
– Committee on the Status of Women
– Committee on Spirituality, Values and Global Concerns
– Committee on Youth
– ww.ngocongo.org
• Non-Governmental Liaison Service (NGLS)
– www.un-ngls.org
 Questions ?

Practical info for NGOs www.mandint.org

Info on HR Council www.welcomedesk.org
Database of treaties www.whatconvention.org
Database of UN docs www.universalhumanrightsindex.org
For HR Defenders www.ishr.ch