The Effectiveness of the International Human Rights (UNCHR)

The effectiveness of the international human rights regime in protecting all individuals
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Table of Contents
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Abstract  PAGEREF _Toc437589775 \h
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1.0 Introduction  PAGEREF _Toc437589776 \h
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2.0 Research question  PAGEREF _Toc437589777 \h
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3.0 The Background  PAGEREF _Toc437589778 \h
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4.0 Key concepts  PAGEREF _Toc437589779 \h
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4.1 International human rights regime  PAGEREF _Toc437589780 \h
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4.2 Human rights  PAGEREF _Toc437589781 \h
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4.3 Universal Declaration of Human Rights  PAGEREF _Toc437589782 \h
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5.0 International human rights regime in protecting victims of human rights abuses effectively  PAGEREF _Toc437589783 \h
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6.0 International human rights regime failure to protect victims of human rights abuses effectively  PAGEREF _Toc437589784 \h
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7.0 Human Rights Council more effective in protecting human rights of all  PAGEREF _Toc437589785 \h
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8.0 Conclusion  PAGEREF _Toc437589786 \h
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9.0 References  PAGEREF _Toc437589787 \h
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Abstract
The United Nations Commission on Human Rights has been broadly criticized and reproved for its failures of living up to the vision of being a true protector of human rights breaches victims and rather becoming a body that shields those who infringe human rights. This research seeks to find out whether the international human rights regime actually protects all individuals effectively. The findings reveal that on the whole, the international human rights regime has to some extent been effective in protecting the human rights of every individual, but has largely been ineffective. Put simply, it has been somewhat effective but not very effective.
1.0 Introduction
In the past few years, the United Nations Commission on Human Rights (UNCHR), or simply the Commission, has been extensively and harshly criticized and rebuked for its failures of living up to the vision of being a true protector of human rights abuses victims and rather becoming an organization that shields those who violate human rights. There have been stark editorial opinions and headlines which disclosed the mood with regard to the UNCHR sharply and quickly enough. The Commission’s work was portrayed by Mark Stein, a journalist, as a lifetime accomplishment awards ceremony for the world’s abusers of human rights laws (Lauren 2007). John Bolton, who was the United States Ambassador to the United Nations at the time, depicted the UNCHR as a totally flawed system for inter-governmental decision-making on human rights. Furthermore, the National Review journal depicted this Commission as an organization which gives diplomatic cover to some of the worst oppressors and dictators in the world and by doing this; the UNCHR has been very much destructive to the human rights’ interests (Humphrey 2011).
These and other critics of the international human rights regime have actually been echoed by those who actively defend and support the United Nations. For instance, the Stanley Foundation pointed out that the success of governments that abuse human rights in their countries in utilizing seats on the United Nations Commission on Human Rights to deflect pressure for improvement in their respective practices is without a doubt a very contemptuous game in international politics (Lauren 2007). The Stanley Foundation has also described the UNCHR as dysfunctional and a dark mark on the United Nations organization altogether. Consequently, the Stanley Foundation suggested that the UNCHR should in fact be eradicated and a different organization be put in place as its replacement. According to accusations by the Amnesty International, the UNCHR often resorts to double standards and membership to this Commission is mainly utilized in shielding the members of this organization from human rights scrutiny rather than protecting and promoting human rights (Mutua 2007). In addition, a United Nations special taskforce which was established for the purpose of studying change, challenges, and threats came to a conclusion that the UNCHR has actually lost its professionalism and credibility.
This special UN taskforce stated that it is concerned that in the past few years, countries have decided to be members of the UNCHR in order to criticize others or to shield themselves against criticism rather than seeking membership in order to make human rights stronger and reinforce it. The taskforce added that the UNCHR cannot be credible if people see it as a body that maintains double standards in addressing concerns that pertain to human rights (Moyn 2010). Kofi Annan, the then Secretary-General of the United Nations and who strongly supports human rights, stated in a lot of disappointment that the United Nations has reached a point at which the declining credibility and trustworthy of the UNCHR has cast a shadow on the UN system’s repute. He added that the human rights machinery needs to be re-made for the United Nations system to renew confidence of the public in the UN itself (Lauren 2007). Later on, the UNCHR body was replaced by the Human Rights Commission which was more effective in defending human rights of all individuals. Thesis: the international human rights regime has not been able to protect the human rights of everyone effectively.
2.0 Research question
Taking into consideration the extensive criticism against the international human rights regime such as the UNCHR, asking the following research question appears reasonable:
Does the international human rights regime protect all individuals effectively?
To effectively answer this research question, it would be important to determine the way in which the international human rights regime has served as a protector of all victims of human rights abuses and how it has failed in this undertaking.
3.0 The Background
The United Nations Commission on Human Rights (UNCHR) was established largely to protect the victims of human rights abuses. Over the past few years however, the UNCHR has been criticized and scolded for its failures of living up to the vision of being an organization that truly protects the victims of human rights abuses and rather becoming an organization that shields the violators (Lauren 2007). The Commission has made significant and laudable achievements in the past years in protecting victims of human rights abuses. Even so, it is worth mentioning that the many efforts of the UNCHR actually could not and did not protect all victims or resolve all the difficulties, in some instances brought about new problems within the system (Lauren 2007).
The performance of the international human rights regime in improving the human rights conditions is not impressive at all. The regime’s ineffectiveness has been characterized by a number of factors, which include the following: lack of enforcement mechanisms, lack of commitment by state parties, resistance of the powerful and privileged groups, inconsistent policies of hegemonic states, and persistent highlighting on state sovereignty (Arat, 2006). Other factors include the global power structure, political and economic weakness of the state in third world countries, partial endorsement of rights with preferences assigned to dissimilar types, as well as the prevalence of realism in global politics (Mutua 2007)
4.0 Key concepts
4.1 International human rights regime
This includes international human rights treaties, instruments, institutions and norms which are pertinent to the protection of human rights on the whole and international human rights law (Arat 2006).
4.2 Human rights
The umbrella of human rights is very big. Some of the issues recognized as human rights include the right to healthcare and education, the imperative to prevent racial and gender persecution, and freedom from torture and slavery (Alves 2000).
4.3 Universal Declaration of Human Rights
This defines the content of human rights. It allowed the UN to make alterations to the normative foundations of international politics.
5.0 International human rights regime in protecting victims of human rights abuses effectively
In the initial years of the Commission’s work led by Eleanor Roosevelt, the Universal Declaration of Human Rights was drafted which proclaimed that every human being is born free and equal in human rights and dignity. This Declaration was a unique accomplishment in the evolution of global human rights (Bennett 2010). In the year 1965, the UNCHR established the revolutionary International Convention on the Elimination of All Forms of Racial Discrimination. This convention defined discrimination basing on race and the General Assembly vowed to take up every necessary measure in preventing and eradicating racial discrimination. Other conventions which were established by the Commission in subsequent years included International Convention on the Suppression and the Punishment of the Crime of Apartheid; and the International Convention on the Protection of the Rights of All Migrant Workers and Their Family Members. Others are the Convention on the Non-Applicability of Statutory Limitations to Crimes Against Humanity and War Crimes; the Convention on the Rights of the Child; the International Convention Against Torture and Other Degrading, Inhuman, Cruel Treatment or Punishment; and the Convention on the Elimination of All Forms of Discrimination Against Women (Alves 2000). Furthermore, some members of the UNCHR helped in drafting the International Criminal Court’s Rome Statute which created an autonomous, permanent court that enforces the emerging and growing body of global criminal law that holds people, and not countries, answerable for crimes against humanity, genocide, as well as war crimes. It is worth mentioning that never before had human rights been so explicitly expressed and integrated into legal instruments, and these established particular mechanisms comprising experts and not government representatives intended to monitor and execute the actual provisions of the accord (Arat 2006).
All in all, the machinery and procedures that were established by the UNCHR during the 1970s and 80s helped to create a very significant means of dealing with gross infringements of human rights which had continually remained away from the reach of the global community. In fact, they continue providing the only way available that most victims of human rights violations might appeal to in order to have their situation heard worldwide (Glendon 2010). These machinery and procedures were updated in the year 2000. At the moment, there are very few governments around the world which think that they can actually get away with asserting that their national independence and autonomy one way or another makes them not accountable or totally protected from scrutiny under the international human rights standards. No government is willing to be compelled to go through a very embarrassing and complex process which puts them to shame before other governments which may in fact decide to instigate a proper investigation against them. As such, governments made significant efforts toward preparing official responses to accusations and claims of human rights abuses. For instance, governments sent presidents, prime ministers or even ministers of justice or foreign affairs to physically address the UNCHR body instead of dismissing such charges (Lantos 2006).
Furthermore, the UNCHR pushed even more in establishing other non-treaty machinery, mechanisms, and procedures aimed at protecting the victims of human rights violations. The Commission decided not to allow violators of human rights to continue hiding just because they may not be a party to a given agreement or accord. The Commission instead created several new means which are together referred to as special procedures aimed at monitoring, analyzing, and bringing to the public attention especially egregious cases of infringements of human rights (Lauren 2007). In essence, the procedures comprised several working groups that dealt not just with country-specific problems, but also international thematic issues across an extensive range of human rights such as arbitrary detention; involuntary or enforce disappearances; the right to development; as well as structural adjustment programs for cultural, social and economic rights. Moreover, new standard-setting instruments were also created including a declaration on human rights supporters as well as protocols for the International Convention on the Rights of the Child and the International Convention Against Torture (Boven 2013). The UNCHR body also employed special rapporteurs, working groups, investigators and independent experts in order to conduct investigations on a number of across-the-board issues including child pornography and prostitution; xenophobia and racism; the use of mercenaries; religious intolerance; freedom of opinion and expression; and independence of the judiciary. They also investigated issues such as torture, executions, violence against women, the illegal movement and dumping of hazardous and pois...