13 Office of the United Nations High Commissioner for Human Rights (OHCHR)

Dr. Y R S Murthy

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Table of Contents

  1. Learning Outcomes
  1. Introduction
  1. Historical background
  1. Mandate of the High Commissioner
  1. Thematic Priorities
  1. Some important milestones
  1. Current holder of the position of UN High Commissioner for Human Rights
  1. Past holders of the office of UN High Commissioner for Human Rights
  1. Organizational Structure of OCHR
  1. Relationship between OHCHR and UN Bodies
  1. Critique of OHCHR
  1. Summary

1. Learning Outcomes:

  • To give students an understanding of mandate of the Office of the High Commissioner for Human Rights.
  • By the end of the lecture, the students will get know about the history and recent achievements of the OHCHR.
  • The students will have an understanding of the role of the OHCHR in the protection and promotion of human rights by the end of this lecture.

2. Introduction:

Following the World Conference of Human Rights in 1993, the Office of the United Nations High Commissioner for Human Rights (OHCHR) was established on 20 December 1993. Its mandate is to protect and promote human rights and it is a part of the United Nations Secretariat with its headquarters in Geneva. It represents the World’s commitment to universal human rights. The principal human rights official of the United Nations is the High Commissioner for Human Rights. The High Commissioner co-ordinates human rights activities throughout the UN system and also supervises the Human Rights Council in Geneva Switzerland. The present and the seventh High Commissioner is Prince Zeid bid Ra’ad, who assumed office on 1 September 2014.

3. Historical background:

Shaken by the horrors of two world wars, the international community adopted the UN Charter in 1945 which contained several references to the promotion of human rights and fundamental freedoms. It was followed by the establishment of the UN Commission on Human Rights in 1946 as an inter-governmental body on human rights. This Commission reported to the Economic and Social Council. In 1948, the Universal Declaration of Human Rights was adopted by the UN General Assembly. It was followed by the adoption of over 70 legally binding international human rights conventions and over 30 non-binding standards which together constitute the International Human Rights law.

The growth in the human rights activities worldwide spurred the development of international human rights law as well as an institutional framework. In the early years of the UN, human rights work was spearheaded by a small division at UN Headquarters based in New York. It grew substantially in the following years alongside the development of international human rights law and creation of Charter-based bodies as well as treaty-based bodies for supervising the implementation of human rights. In the 1980s, this Division was upgraded to the Centre for Human Rights and shifted to Geneva. At the end of the two-week 1993 World Conference on Human Rights, the international community adopted by consensus the Vienna Declaration and Programme of Action on 25 June 1993. It can be regarded as the common plan for the strengthening of human rights work around the world. The then United Nations Secretary-General Boutros Boutros-Ghali termed it as “a new vision for global action for human rights into the next century”. The Vienna Declaration made, among other things, a concrete recommendation for further strengthening and harmonizing the monitoring capacity of the United Nations system. In this regard, it called for the establishment of a High Commissioner for Human Rights by the UN General Assembly. Through resolution 48/141, the General Assembly created the post on 20 December 1993. Mr. José Ayala Lasso assumed office as the first High Commissioner on 5 April 1994.

4. Mandate of the High Commissioner:

The Office of the High Commissioner for Human Rights (OHCHR) has the responsibility to promote and protect the enjoyment and full realization, by all people, of all rights established in the Charter of the United Nations and in international human rights laws and treaties. OHCHR is guided in its work by the mandate provided by the General Assembly in resolution 48/141, the international human rights instruments, the Vienna Declaration and Programme of Action adopted at the 1993 World Conference on Human Rights, and the 2005 World Summit Outcome Document.

The mandate includes preventing human rights violations, securing respect for all human rights, promoting international cooperation to protect human rights, coordinating related activities throughout the United Nations, and strengthening and streamlining the United Nations system in the field of human rights. In addition to these responsibilities, OHCHR leads efforts to integrate a human rights approach within all work carried out by United Nations agencies.

5. Thematic priorities:

OHCHR’s thematic priorities are

  • Strengthening international human rights mechanisms;
  • Enhancing equality and countering discrimination;
  • Combating impunity and strengthening accountability and the rule of law;
  • Integrating human rights in development and in the economic sphere;
  • Widening the democratic space; and
  • Early warning of protection of human rights in situation of conflict, violence and insecurity.

The OHCHR also supports the work of the UN human rights mechanisms, including the treaty bodies established to monitor state parties’ compliance with the core international human rights treaties and the special procedures of the Human Rights Council. The OHCHR also work to ensure the enforcement of universally recognized human rights norms, through promoting both the universal ratification and implementation of the major human rights treaties and respect for the rule of law.

6. Some important milestones:

The following milestones prepared on the occasion of the the 20th anniversary of OHCHR in 2013 illustrate the range of concerns and main activities of the Office of High Commissioner for Human Rights. Many of them can also be regarded as achievements of OHCHR.

1 October 1993 – First OHCHR country office opens in Phnom Penh, Cambodia. These country offices generally carry out activities such as monitoring, reporting and technical assistance including building national capacity to address human rights issues.

20 December 1993 – Declaration on the Elimination of Violence against Women is adopted.

20 December 1993 – The Paris Principles are adopted. They spell out international standards relating to National Human Rights Institutions (NHRIs).

12 February 1994 – Human rights adviser deployed to Malawi. He was among first such advisers to be deployed on the field. As of June 2013, 19 human rights advisers were working in Chad, Ecuador, Honduras, Kenya, Republic of Macedonia, Madagascar, Maldives, Moldova, Niger, Papua New Guinea, Paraguay, Rwanda, Russian Federation, Serbia, Southern Caucasus, Sri Lanka, Tajikistan, Timor Leste and Ukraine.

4 March 1994 – Mandate on the independence of judges and lawyers is established.

4 March 1994 – Mandate on violence against women is established.

5 April 1994 – José Ayala-Lasso takes office as UN High Commissioner for Human Rights.

27 May 1994 – Final report of the Commission of Experts on Former Yugoslavia is published.

8 March 1995 – Mandate on human rights and toxic waste is established.

17 June 1997 – Mary Robinson is appointed UN High Commissioner for Human Rights.

1 April 1998 – First regional office opens in Pretoria, South Africa. As of June 2013, there were 12 regional offices/centres, covering East Africa (Addis Ababa), Southern Africa (Pretoria), West Africa (Dakar) Central America (Panama City), South America (Santiago de Chile), Europe (Brussels), Central Asia (Bishkek), South East Asia (Bangkok), Pacific (Suva) and the Middle East (Beirut). The UN Human Rights Office also runs the United Nations Sub-Regional Centre for Human Rights and Democracy in Central Africa, in Yaoundé, Cameroon, and the United Nations Human Rights Training and Documentation Centre for South West Asia and the Arab Region, in Doha, in Qatar.

17 April 1998 – Mandate on the right to education is established.

9 December 1998 – Declaration on Human Rights Defenders is adopted.

27 April 1999 – Mandate on the human rights of migrants is established.

17 April 2000 – Mandate on human rights and adequate housing is established.

17 April 2000 – Mandate on the right to food is established.

26 April 2000 – Mandate on the situation of human rights defenders is established.

22 December 2000 – Optional Protocol to the Convention on the Elimination of All Discrimination against Women enters into force.

24 April 2001 – Mandate on the rights of indigenous peoples is established.

31 August 2001 – 7 September 2001 – World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, Durban, South Africa is held. It was a landmark event to address issues relating to racial discrimination and intolerance.

18 January 2002 – Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography enters into force.

12 February 2002 – Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict enters into force.

20 April 2002 – Mandate on the right to health is established.

25 April 2002 – Working Group of Experts on People of African Descent is established.

1 July 2002 – Rome Statute of the International Criminal Court enters into force.

23 July 2002 – Sergio Vieira de Mello is appointed UN High Commissioner for Human Rights.

1 July 2003 – International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families enters into force.

25 December 2003 – Optional Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children enter into force.

25 February 2004 – Louise Arbour is appointed UN High Commissioner for Human Rights.

1 March 2004 – Committee on Migrant Workers holds its first session.

19 April 2004 – Mandate on trafficking in persons, especially in women and children is established.

7 April 2005 – Working Group on the use of mercenaries is established. The Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination is mandated to monitor and report on activities of private companies offering military assistance, consultancy and security services on the international market.

20 April 2005 – Mandate on human rights and international solidarity is established.

21 April 2005 – Mandate on the promotion and protection of human rights and fundamental freedoms while countering terrorism is established.

21 July 2005 – Mandate on minority issues is established.

19 June 2006 – 30 June 2006 – The Human Rights Council holds its first session.

22 June 2006 – Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment enters into force. It establishes a system of regular visits by international and national bodies to places of detention in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.

13 September 2007 – Declaration on the Rights of Indigenous Peoples is adopted. It establishes a framework of minimum standards for securing the rights of the world’s indigenous peoples.

28 September 2007 – Mandate on contemporary forms of slavery, its causes and consequences is established.

27 March 2008 – Mandate on human rights and foreign debt is established.

28 March 2008 – Mandate on human rights and water and sanitation is established.

7 April 2008 – 8 April 2008 – First session of the Universal Periodic Review is held.

3 May 2008 – Convention on the Rights of Persons with Disabilities and its Optional Protocol enter into force.

28 July 2008 – Navi Pillay is appointed UN High Commissioner for Human Rights.

23 February 2009 – Committee on the Rights of Persons with Disabilities holds its first session.

26 March 2009 – Mandate on cultural rights is established.

20 April 2009 – 24 April 2009 – Durban Review Conference, Geneva, Switzerland is held. The conference evaluated progress towards the goals set by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban, South Africa, in 2001.

24 September 2010 – Working Group on the issue of discrimination against women in law and in practice is established.

30 September 2010 – Mandate on the rights to freedom of peaceful assembly and of association is established.

23 December 2010 – International Convention for the Protection of All Persons from Enforced Disappearance enters into force.

16 June 2011 – Working Group on business and human rights is established. The Working Group is mandated to promote the dissemination and implementation of the UN Guiding Principles on Business and Human Rights. The Guiding Principles clarify the obligations and responsibilities of States and businesses in preventing and addressing human rights abuses linked to business activities and provide a road map for both States and businesses on how to meet their respective responsibilities.

17 June 2011 – First UNGA resolution on sexual orientation and gender identity is adopted.

28 September 2011 – Mandate on the promotion of a democratic and equitable international order is established.

29 September 2011 – Mandate on the promotion of truth, justice, reparation and guarantees of non-recurrence is established.

8 November 2011 – 11 November 2011 – Committee on Enforced Disappearances holds its first session.

22 March 2012 – Mandate on human rights and the environment is established.

5 May 2013 – Optional Protocol to Covenant on Economic, Social and Cultural rights enters into force.

 

7. Current holder of the position of UN High Commissioner for Human Rights

Zeid Ra’ad Al Hussein assumed his functions as United Nations High Commissioner for Human Rights on 1 September 2014 thereby becoming the seventh individual to lead the Office of the High Commissioner for Human Rights (OHCHR) and the first Asian, Muslim and Arab to do so.

A veteran multilateral diplomat, Zeid was previously Jordan’s Permanent Representative to the United Nations in New York, a post he held from September 2010 until July 2014, and which he also held from 2000 to 2007. From 2007 to 2010 he was Jordan’s Ambassador to the United States of America. He served as Jordan’s Deputy Permanent Representative to the UN, with the rank of Ambassador, from 1996 to 2000. In January 2014, he was President of the UN Security Council and chaired the Security Council’s 1533 and 1521 committees with regard to two sanctions regimes regarding the Democratic Republic of the Congo and Liberia.

Zeid’s professional experience includes work relating to, among other things, international criminal justice, international law, UN peacekeeping, post-conflict peace-building, international development, and counter-nuclear terrorism. He played a central role in the establishment of the International Criminal Court, chairing the complex negotiations regarding the elements of individual offences amounting to genocide; crimes against humanity; and war crimes.

In September 2002, Zeid was elected the first President of the Assembly of States Parties to the Rome Statute of the International Criminal Court.

In 2004, Zeid was appointed by his government as Jordan’s representative, and head of delegation, before the International Court of Justice in the matter relating to the wall being built by Israel in the Occupied Palestinian Territories. He also represented Jordan before the International Court of Justice in December 2009 in the advisory proceedings relating to Kosovo’s declaration of independence.

In 2004, following allegations of widespread abuse being committed by UN peacekeepers, he was named Advisor to the Secretary-General on Sexual Exploitation and Abuse. His report, produced in 2005, provided, for the first time, a comprehensive strategy for the elimination of Sexual Exploitation and Abuse in UN Peacekeeping Operations, and has been called “revolutionary” by experts.

8. Past holders of the office of UN High Commissioner for Human Rights:

The OHCHR has been led by six people prior to Zeid Ra’ad Al Hussein, namely:

  1. José Ayala-Lasso of Ecuador (1994-1997)
  2. Mary Robinson of Ireland (1997-2002)
  3. Sérgio Vieira de Mello of Brazil (2002-2003)
  4. Bertrand Ramcharan of Guyana (2003-2004)
  5. Louise Arbour of Canada (2004-2008)
  6. Navanethem Pillay of South Africa (2008-2014)

9. Organizational Structure of OCHR:

The following diagram is a visual aid to the way work is structured in OHCHR and explains the organization structure. It shows that a Deputy High Commissioner and Assistant Secretary-General, New York Office report to the UN High Commissioner for Human Rights. Work is mainly organized amongst Research and Right to Development Division, Human Rights Treaty Division, Field Operation and Technical Cooperation Division and Human Rights Council and Special Procedures Division. As one can see, work is organized under sections and branches in each of these Divisions. In addition to these Divisions, there is a safety and security section and services relating to external outreach, policy, planning, monitoring and evaluation, programme support and management services.

  1. Relationship between OHCHR and UN Bodies: Charter-based bodies

The OHCHR offers the best expertise and support to the different human rights monitoring mechanisms in the United Nations system: UN Charter-based bodies, including the Human Rights Council, and bodies created under the international human rights treaties and made up of independent experts mandated to monitor State parties’ compliance with their treaty obligations. Most of these bodies receive secretariat support from the Human Rights Council and Treaties Division of the OHCHR.

OHCHR provides substantive support for the meetings of the Human Rights Council, and follow-up to the Council’s deliberations.

Special Procedures is the general name given to the mechanisms established by the Commission on Human Rights and assumed by the Human Rights Council to address either specific country situations or thematic issues in all parts of the world. Special Procedures are either an individual – a special rapporteur or independent expert – or a working group. They are prominent, independent experts working on a voluntary basis, appointed by the Human Rights Council. OHCHR supports the work of rapporteurs, independent experts and working groups through its Special Procedures Branch (SPB) which services all but one of the thematic mandates and provides centralized support to the Special Procedures as a system.

Treaty-based bodies

There are nine core international human rights treaties now. In the period following the adoption of the Universal Declaration of Human Rights in 1948, it is significant to note that all member states of United Nations have ratified at least one core international human rights treaty, and 80 percent have ratified four or more.

The treaty bodies are created in accordance with the provisions of the treaty that they monitor. OHCHR supports the work of treaty bodies and assists them in harmonizing their working methods and reporting requirements through their secretariats.

11. Critique of OHCHR:

The various achievements and milestones of OHCHR have been described in detail in the earlier sections. They are very significant indeed. At the same time, it is necessary to recognize that OHCHR and holders of the office of High Commissioner were not beyond public scrutiny. Human rights activists and NGOs often criticized “softer approach”, “private engagement”, holding back from criticizing repressive regimes that wield power and influence at the UN. There had been occasions when they felt that “naming and shaming” did not go far enough. There was criticism on the grounds of acting according to political considerations and under the influence of power centres like the permanent members of the UN Security Council.

UN Watch, a non-governmental organization, is of the view that the High Commissioner for Human Rights, “should address compelling situations neglected by the Human Rights Council, which, despite attempts at reform, is now in a downward spiral.” It further asserts that, “With the Council marred by selectivity and politicization”, it is vital for the High Commissioner to use his “independence to provide a universal approach based on objective human rights standards.”

12. Summary:

The 1993 Vienna Declaration made a concrete recommendation for further strengthening and harmonizing the monitoring capacity of the United Nations system. In this regard, it called for the establishment of a High Commissioner for Human Rights by the UN General Assembly. Through Resolution 48/141, the General Assembly created the post on 20 December 1993. Mr. José Ayala Lasso assumed office as the first High Commissioner on 5 April 1994. The High Commissioner for Human Rights is the principal human rights official of the United Nations. The High Commissioner co-ordinates human rights activities throughout the UN system and also supervises the Human Rights Council in Geneva Switzerland. The present and the seventh High Commissioner is Prince Zeid bid Ra’ad, who assumed office on 1st September 2014.

you can view video on Office of the United Nations High Commissioner for Human Rights (OHCHR)

Reference

  1. Kevin Boyle, New Institutions for Human Rights Protection, 1-70 (European University Institute, 2009)
  2. Johnson, T. & Mack, N., the United Nations Institutions: Critical Analysis of Their Ability to Promote and Protect International Human Rights.
  3. Alston, P. Goodman, R. International Human Rights. Oxford University Press, Oxford (2012)
  4. Moeckli, D. Shah, S. Sivakumaran, S. (eds) International Human Rights Law. Oxford University Press, Oxford, New York (2013)
  5. Oette, L. Bantekas, I. International Human Rights Law. Cambridge University Press, Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, Sao Paulo, Delhi, Mexico City (2013)