Enforcing human rights: the UN machinery.

In spite of the many legal instruments and procedures for protecting human rights globally, violations are still widespread. To address this problem, the World Conference on Human Rights will review existing enforcement mechanisms so that the rights of peoples everywhere may be ensured.

On one hand, the United Nations can point to an active and often effective system of promotion and protection of rights. In 1990, for example, UN human rights monitors sent nearly 1,100 urgent-action cables to Governments, on behalf of individuals allegedly facing torture, arbitrary detention, or summary or arbitrary execution. At the same time, UN experts were assisting a record number of Governments in promoting human rights through new national constitutions, democratic elections and stronger institutions of justice.

But the upcoming review will inevitably highlight the system's shortcomings as well. It is woefully underfunded and understaffed. The main conventions remain unratified by scores of Member States. There is also growing concern that the existing system does not possess the necessary authority to ensure compliance or punish violators of human rights. Thus, the review may lead to concrete recommendations to strengthen the instruments and mechanisms protecting human rights.

Bodies set up under international treaties are involved in an ever-expanding range of human rights activities, monitoring compliance with conventions that ban racial discrimination and abuse of prisoners, establishing dialogues with Governments accused of violations, and providing advice and technical assistance to national human rights efforts.

The central international body promoting human rights is the Commission on Human Rights, established in 1946 under the Economic and Social Council. Its secretariat--the Geneva-based Centre for Human Rights--is also the secretariat for the World Conference.

The Universal Declaration of Human Rights, drafted by the Commission and adopted by the UN General Assembly in 1948, recognizes as basic human rights: the right to life, liberty and personal security; equality before the law and equal protection under it; freedom of movement and residence; freedom from torture and cruel or degrading punishment; the right to seek asylum from persecution; the right to a nationality; freedom of thought, conscience and religion; the right to vote and participate in government; and the rights to an education, to work and join trade unions, and to an adequate living standard.

Many of these provisions, and some additional ones, have since been incorporated in the International Covenant on Civil and Political Rights (which took effect in 1976 and has been ratified to date by 115 States parties) and several other multilateral agreements which are legally binding on Governments that ratified them. Under each treaty, there is a committee of independent experts which monitors compliance, examines complaints of violations, and engages in dialogues with Governments.

For example, the 18-member Human Rights Committee reviews Governments' reports on efforts to observe the International Covenant, as well as complaints against other States parties for non-compliance. It also considers complaints from individual citizens of States parties-67 so far--to the Covenant's first Optional Protocol; these have included cases of ill-treatment in detention, unfair trial and discrimination of various kinds. (A second Optional Protocol seeks to abolish capital punishment; it has only 12 States parties so far.)

Other key agreements include:

* The 1951 Convention on the Prevention and Punishment of the Crime of Genocide (103 States parties) provides for prosecution of anyone charged with commissioning acts intended to destroy, in whole or in part, a national, ethnic, racial or religious group.

* The 1969 International Convention on the Elimination of All Forms of Racial Discrimination (I 3 2 States parties) prohibits discrimination and dissemination of ideas based on racial superiority or hatred.

* The 1981 Convention on the Elimination of All Forms of Discrimination against Women (120 States parties) addresses discrimination in public life, education, employment, health, marriage and the family.

* The 1987 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (71 States parties) holds States parties responsible for preventing torture and punishing torturers, even those acting under orders.

* The 1990 Convention on the Rights of the Child (126 States parties) defines primary health care and education, among others, as rights of all children.

* In addition, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (not yet in force) forbids slavery and forced labour.

UN officials have proposed that the World Conference endorse the goal of universal ratification of the two International Covenants and the major human rights conventions by the year 2000.

Rapporteurs and working groups

One of the most important mechanisms to enforce compliance with human rights treaties is the so-called 1503 Procedure, named for the Economic and Social Council resolution that established it. Under the Procedure, UN experts may examine allegations that "a pattern of gross violations of human rights" exists in a particular country.

The Commission on Human Rights appoints country and thematic rapporteurs or working groups to address global issues. Current themes include summary or arbitrary executions, torture, involuntary disappearances, arbitrary detention, the sale of children and other child abuses, religious intolerance, and the negative impact of mercenaries on the right to self-determination.

The first such body was the Working Group on Enforced or Involuntary Disappearances, established in 1980. It has examined 3 5,000 cases in 5 5 countries, made queries to Governments, and informed relatives of missing persons of any replies received.

The recently-established Working Group on Arbitrary Detention is the first mandated to investigate cases, rather than simply examine them. It employs an "adversary approach", considering information provided by both States and complainants.

Each year, the rapporteurs and working groups submit reports on their activities to the Human Rights Commission or the General Assembly. information is gathered from Governments, human rights organizations, witnesses, victims and relatives. In 1991, rapporteurs carried out fact-finding missions in 27 countries, which included a number of visits to prisons and private talks with prisoners.

UN rapporteurs and working groups respond to reports of disappearance, torture, arbitrary detention, and summary or arbitrary execution by sending "urgent-action" cables to Governments, appealing on humanitarian grounds for protection of the individuals involved. Such intervention on summary and arbitrary executions has often resulted in commutation of sentences or new trials for persons sentenced to death after trials that did not meet human rights standards.

The UN Secretary-General and the Under-Secretary-General for Human Rights sometimes employ quiet diplomacy on behalf of political prisoners or those facing execution. These "good offices" appeals, usually confidential, are often successful.

Technical assistance

To aid countries in the promotion of human rights, the UN, meanwhile, offers six kinds of technical assistance:

* Helping reform national laws. In 1990, for example, the Centre for Human Rights organized a seminar on constitutional law for Romanian parliamentarians involved in drafting their country's new constitution. Similar assistance has been provided recently to Bulgaria and Mongolia.

* Advising on electoral procedures. In 1991, UN experts visited Albania and Lesotho to assist in the legal and technical aspects of upcoming elections.

* Assisting in the ratification of human rights treaties and preparation of the requisite national reports. This has included country visits by human rights experts and regional and subregional training courses.

* Supporting democratization. Since the 1988 upheaval in eastern and central Europe, the Centre has been active in helping countries of the region hold elections, set up national human rights institutions and draft laws in line with human rights conventions.

* Strengthening national and regional institutions. Country programmes in Uruguay, Colombia, Guatemala and Poland have built human rights infrastructures and trained judges, law-enforcement officials and military officers.

* Training in the administration of justice. Since 1988, the UN has organized about 30 human rights training courses worldwide for some 2,500 professionals, granting more than 200 scholarships and fellowships.

Financial support for these technical advisory services comes from contributions to the Voluntary Fund for Technical Cooperation in the Field of Human Rights, administered by the Centre. As of 31 December 1992, 25 countries had contributed $5.6 million to the Fund.

Obtaining increased funding commitments to assist human rights programmes is one of the principal goals of the World Conference. As a target, UN officials have proposed that at least 0.5 per cent of total development cooperation budgets be allocated to human rights.

How To Participate

The World Conference on Human Rights, like all major UN meetings, is principally a gathering of delegations representing Member States. However, the Assembly welcomes the participation of nongovernmental organizations (NGOs) throughout the long process leading up to and including the World Conference itself.

NGOs who wish to participate in the Conference should contact Mr. John Pace, Coordinator of the World Conference, UN Centre for Human Rights, Palais des Nations, CH-1211, Geneva, Switzerland.

Two NGOs, the Boltzmann Institute (Mollwaldplatz 4, A-1040 Vienna, Austria; fax: [phone]) and the International Service for Human Rights (1 rue de Varembe, Case 16, CH Geneva 20 CIC; fax: [phone]), are organizing a number of parallel NGO events, including a pre-conference briefing from 10 to 12 June in Geneva.

For more information on the complex issues surrounding the Conference, contact the Programme Manager for Human Rights, Room S-1040 United Nations, New York, NY 10017; fax: [phone].