Transcript UN High Commissioner for Human Rights

Main International
Agreements
in the area of human rights
ปฏิญญาสากลว่ าด้ วยสิ ทธิมนุษยชน
UN International Covenant
on Civil and Political Rights
1966
กติการะหว่ างประเทศว่ าด้ วยสิ ทธิของ
พลเมืองและสิ ทธิทางการเมือง
Entered into force in 1976
(after ratification by the 35th
country)
The rights protected by the
covenant are not different
from the rights listed in the
Universal Declaration of
Human Rights
It has additional protocol
which allows individual
complaints to an UN
committee against the
states. The protocol applies
only to those countries
which have ratified it.
Thailand did not sign it.
Another additional
protocol was signed
later in 1989. It
forbids death penalty.
The International Covenant
on Economic, Social, and
Cultural Rights 1966. Entered
into force in 1976
กติกา ระหว่ างประเทศว่ าด้ วยสิ ทธิทาง
เศรษฐกิจ สั งคม และวัฒนธรรม
It affirms the equality
between men and
women better than
the Universal
Declaration of Human
Rights
Additional rights are
fully expressed: the
right to trade unions,
the right to be
protected from
starvation, provision
of primary education
without cost
It has one additional
protocol signed in
2008
It allows individual
complains to be
brought against the
states in violation of
the right against
starvation
The protocol gives the
power to UN
Committee of
Economic, Social, and
Cultural Rights to
investigate serious
and systematic
violations of other
rights by the states
Unlike The Universal
Declaration of Human Rights,
the Covenants has binding
power on the states.
Convention on the
rights of the child
1989
อนุสัญญาว่ าด้ วยสิ ทธิเด็ก
Thailand is party to
the Convention
since 1992
Key principles:
prohibition of
discrimination and
enhancement of
children’s wellbeing
Optional Protocol to
the Convention on the
Rights of the Child on
the sale of children,
child prostitution and
child pornography
Thailand signed the
protocol in 2006
Convention on the
elimination of all
forms of
discrimination against
women 1979
อนุสัญญาว่ าด้ วยการขจัดการเลือก
ปฏิบัตติ ่ อสตรีในทุกรูปแบบ
Thailand is a party
to the Convention
since 1985
It requires the states
to use law to
construct new social
relationships based on
gender equality: law
as social engineering
Specific problems:
employment
discrimination and
trafficking
อนุสัญญา ระหว่ างประเทศว่าด้ วยการขจัดการ
เลือกปฏิบัตทิ างเชื้อชาติในทุกรู ปแบบ –
International
Convention on the
Elimination of All
Forms of Racial
Discrimination (1965)
Thailand became a party
to the Convention in 2003
อนุสัญญา ต่ อต้ านการทารุณกรรม
และการปฏิบัติหรือการลงโทษที่
โหดร้ าย ไร้ มนุษยธรรม หรือเหยียด
หยามศักดิ์ศรี Convention
against Torture and Other
Cruel, Inhuman or Degrading
Treatment or Punishment
(1984)
Thailand became a
party to the
Convention in 2007
UN Human Rights
Organizations
Most of them are formed in
accordance with a specific
human rights treaty.
One type of them is formed
by the representatives of the
governments,
another – by independent
experts
Their main function is to
ensure the observance of the
relevant international
agreements by the states
UN Commission of Human
Rights
created in 1946 as the part
of the UN Council for Social
and Economic Affairs
In 2006, the Commission has
been replaced by the UN
Council of Human Rights
(UNHRC)
It is in direct accountability
to UN General Assembly
The members of the
General Assembly elect
the members who occupy
the UNHRC's forty-seven
seats.
Members of the UNHRC
are elected to three-year
terms.
The UN Council of Human
Rights can propose new
international agreements.
It also examines
periodically (every 4
year) whether the
states respect human
rights
Three documents are
discussed:
1. the report prepared
by the country
2. The report prepared
by the High
Commissioner
3. The report which
reflects the position of
NGOs submitted by
the High
Commissioner
The results of the
examinations are
debated in the
Council. After that,
the resolutions are
taken which contain
suggestions.
The US criticized
the new idea of the
Human Rights
Council
UN High
Commissioner for
Human Rights
The post of the
commissioner was
established in 1993 by the
resolution of the UN General
Assembly
Before 1993, there was the
UN Human Rights
Programme which was a
small division
Mrs. Pillay is the
Commissioner at the moment
Rape and genocide issue
freedom of expression and
incitement of hatred issue
Status: a member of the UN
Secretariat
Main offices: Geneva and
New York, 11 national
offices and 7 regional (850
employees plus 240 at
various peace missions)
Tasks: promote and protect
human rights
Support for the activities of
the UN Human Rights
Council and other
organizations created under
the human rights
conventions
Supervision of the states
Coordination of education in
the field of human rights
Providing information to
the public
Promotion of the ratification
of the majour human rights
treaties
Five committees can
receive individual
complaints under certain
conditions
1. The Human Rights
Committee is the body of
independent experts that
monitors implementation
of the International
Covenant on Civil and
Political Rights by its State
parties.
All States parties are
obliged to submit regular
reports to the Committee
on how the rights are
being implemented.
Individual complaints are
allowed under optional
protocol
2007
2006
2005
2004
2003
2002
- 87 complaints
- 71 complaints
- 112 complaints
- 103 complaints
- 92 complaints
– 103 complaints
2. Committee on the
Elimination of Racial
Discrimination is the body
of independent experts
the early-warning
procedure, the
examination of inter-state
complaints and the
examination of individual
complaints.
3. The Committee Against
Torture (CAT) is the body
of 10 independent experts
the Committee may under
certain circumstances
consider individual
complaints
4. The Committee on the
Elimination of
Discrimination against
Women (CEDAW) is the
body of independent
experts
5. The Committee on the
Rights of Persons with
Disabilities (CRPD) is the
body of independent
experts
The Optional Protocol to
the Convention gives the
Committee competence to
examine individual
complaints
The Committee Against
Torture and the Committee
on the Elimination of
Discrimination Against
Women may, on their own
initiative, initiate inquiries
if they have received
reliable information about
violations of the
conventions