KAMALIKA PIERIS
The Universal Declaration of Human Rights, ( UDHR)was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) In 1946, UN had wanted a declaration that would guarantee the rights of individuals, because the UN Charter only dealt with the rights of sovereign states. UN handed the matter over to the Commission on Human Rights, which consisted of 18 members from various political, cultural and religious backgrounds.
In 1947, Commission on Human Rights authorized its members to formulate what it termed “a preliminary draft International Bill of Human Rights”. The drafting committee consisted of Eleanor Roosevelt, who chaired the committee, with René Cassin of France, Charles Malik of Lebanon, Vice-Chairman Peng Chung Chang of China, and John Humphrey of Canada, Director of the UN’s Human Rights Division. Chang said that the Declaration should not be confined to western ideas. Malik replied by quoting Thomas Aquinas and Chung suggested looking at Confucius as well.
Commission on Human Rights then appointed a formal drafting committee consisting of members of the Commission from Australia, China, Chile, France, Lebanon, the United States, the United Kingdom, and the USSR. The final draft was sent out to all UN member States for comments. Over 50 Member States participated in the final drafting.
The entire text of the UDHR was composed in less than two years, said the UN. At a time when the world was divided into Eastern and Western blocks, finding a common ground on what should go into the document proved to be a colossal task.
The final draft which would later become the Universal Declaration of Human Rights was taken up at the first session of the General Assembly in 1948. By its resolution 217 A (III) of 10 December 1948, the General Assembly, meeting in Paris, adopted the Universal Declaration of Human Rights with eight nations abstaining from the vote, but none dissenting.
in December 1966, the UN General Assembly adopted two other declarations that would further shape international human rights, the International Covenant on Economic Social and Cultural Rights (ICESCR), and the International Covenant on Civil and Political Rights (ICCPR). These two Covenants and UN Declaration on Human Rights are known as the International Bill of Human Rights, usually referred to as UN Bill of Rights.
The UN then decided to put Human Rights on the world agenda. ‘Human rights’ were strongly promoted by the UN. UN declared 1968 as the International Year for Human Rights and held an International Conference on Human Rights in Teheran in 1968.
UN held the World Conference on Human Rights In 1993 in Vienna. This Conference issued the Vienna Declaration and Programme of action on Human Rights of 1993. The Vienna Declaration and Programme of Action marked the culmination of a long process of review and debate over the status of human rights machinery in the world, said UN.
This Declaration attempted to synthesize and update the various UN declarations that existed at the time. It also decided to give the UN supranational authority in matters concerning Human Rights. It recommended the creation of a UN Centre for Human Rights and the creation of the Office of High Commissioner for Human Rights. Office of High Commissioner for Human Rights was set up in 1993 with UN Commissioner for Human Rights holding the rank of Under Secretary General.
The Vienna Declaration also recognized NGOs working in Human Rights, praised them for their work and recommended that governments have dialogue and cooperation with these NGOs. The Vienna Convention gave an elevated status to the NGOs working in Human Rights, said critics, angrily.
With the promotion of Human Rights worldwide, there were two further developments, a Human Rights industry developed and a separate body of Human Rights law began to be created. Since human rights covered practically every aspect of life, it was going to be difficult, in my view, to extricate human rights violations from normal violations of the law. Also there was a conflict between the free-floating human rights and the needs of the society in general.
In 1999 the Advisory Council of Jurists (ACJ), a body of eminent jurists, that advises on the interpretation and application of international human rights law, was asked to interpret international HR standards. This would help the law courts in the interpretation and application of international human rights standards.
Human Rights defenders” were coming to the forefront in various countries and in recognition of this, 1998 the UN issued the UN Declaration on the Right and Responsibility of individuals groups and Organs to society of Promote and Protect universally recognized HR. This was known as the Declaration on Human rights Defenders. ( See Appendix)
Regional human rights combines were created. The European Convention on Human Rights (ECHR) was signed in Rome in 1950 and came into force in 1953. It was based on the United Nations’ Universal Declaration of Human Rights. ECHR protects the human rights of people in countries that belong to the Council of Europe, formed in 1949.
The European Court of Human Rights was set up in 1959. It catered to the countries that belonged to the Council of Europe. It entertained both individual and State applications alleging violations of the civil and political rights set out in the European Convention on Human Rights. The European Union formed in 1993 came under the reach of this Court. Since 1998 the Court has sat as a full-time court and individuals can apply to it directly. Judgments are binding on the countries concerned. The judgments have led governments to alter their legislation and administrative practice in many areas.
Other regional Human Rights groups were also formed. Asia Pacific Forum of National Human Rights institutions (APF) was established in 1997. Sri Lanka Human Rights Commission is a member.
Human rights also went national. National institutions, both government and non –government were created to promote and protect human rights. The Human Rights Commission of Sri Lanka (HRCSL) was set up n 1997, as an independent Commission.
The first UN International Workshop on National Institutions for the Promotion and Protection of Human Rights was held in Paris in 1991. The workshop led to the drafting of guiding principles, popularly known as the Paris Principles”. These were ratified by United Nations General Assembly in 1993. Paris Principles said, inter alia, that national HR institutions should develop relations with NGOs, because civil society is rooted in communities in a way that national HR institutions are not.
At the International Conference of National Human rights Institutions, held in Tunis in 1993, NHRIs established the International Coordinating Committee of NHRIs to coordinate the activities of the NHRI network. In 2016, this International Coordinating Committee changed its name into Global Alliance of National Human Rights Institutions (GANHRI).
GANHRI secretariat is in the UN office in Geneva. GANHRI is incorporated as a legal entity under the Swiss law, and has a Bureau consisting of 16 A status” NHRIs representing the four regions Africa, the Americas, Asia Pacific and Europe.
GANHRI also has a Sub-Committee on Accreditation (SCA) The SCA is composed of one A status” accredited NHRI from each of the four regions. UN Human Rights Office participates in the work of the SCA as a permanent observer. Members of the SCA are appointed by the regional groupings for a renewable term of three years.
The SCA reviews and analyzes accreditation applications and to make recommendations to the GANHRI Bureau on the compliance of applicants with the Paris Principles. As of 2021, there are 84 NHRIs accredited with A Status by the GANHRI, regarding their compliance with the Paris Principles, and 33 accredited with B status.
The Asian NGO Network on National Human Rights Institutions (ANNI) was established in December 2006. It is a network of Asian non-governmental organizations and human rights defenders working on issues related to National Human Rights Institutions (NHRIs). ANNI’s members are national organizations from all over Asia. ANNI currently has 33 member organizations from 21 countries or territories. The work of ANNI members focuses on strengthening the work and functioning of Asian NHRIs to better promote and protect human rights as well as to advocate for the improved compliance of Asian NHRIs with international standards, including the Paris Principles and General Observations of the Sub-Committee on Accreditation (SCA) of the Global Alliance of NHRIs (GANHRI).
National Human Rights organizations are now encouraged to submit reports in their own name to treaty bodies, separately from that of the state, analysts reported in 2012. They can request a country visit if necessary. An A” status NHRI can make an oral statement at UNHRC. When in November 2008 the government of Sri Lanka refused permission for the Human Rights Commission, Sri Lanka to visit Menik Farm, the HRCSL said it is a legal obligation for HRC to visit these camps. (Continued)
APPENDIX 1
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms,
Adopted by General Assembly resolution 53/144 of 9 December 1998
The General Assembly ,Reaffirming the importance of the observance of the purposes and principles of the Charter of the United Nations for the promotion and protection of all human rights and fundamental freedoms for all persons in all countries of the world,
Reaffirming also the importance of the Universal Declaration of Human Rights and the International Covenants on Human Rights as basic elements of international efforts to promote universal respect for and observance of human rights and fundamental freedoms and the importance of other human rights instruments adopted within the United Nations system, as well as those at the regional level,
Stressing that all members of the international community shall fulfil, jointly and separately, their solemn obligation to promote and encourage respect for human rights and fundamental freedoms for all without distinction of any kind, including distinctions based on race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and reaffirming the particular importance of achieving international cooperation to fulfil this obligation according to the Charter,
Acknowledging the important role of international cooperation for, and the valuable work of individuals, groups and associations in contributing to, the effective elimination of all violations of human rights and fundamental freedoms of peoples and individuals, including in relation to mass, flagrant or systematic violations such as those resulting from apartheid, all forms of racial discrimination, colonialism, foreign domination or occupation, aggression or threats to national sovereignty, national unity or territorial integrity and from the refusal to recognize the right of peoples to self-determination and the right of every people to exercise full sovereignty over its wealth and natural resources,
Recognizing the relationship between international peace and security and the enjoyment of human rights and fundamental freedoms, and mindful that the absence of international peace and security does not excuse non-compliance,
Reiterating that all human rights and fundamental freedoms are universal, indivisible, interdependent and interrelated and should be promoted and implemented in a fair and equitable manner, without prejudice to the implementation of each of those rights and freedoms,
Stressing that the prime responsibility and duty to promote and protect human rights and fundamental freedoms lie with the State,
Recognizing the right and the responsibility of individuals, groups and associations to promote respect for and foster knowledge of human rights and fundamental freedoms at the national and international levels,
Declares :
Article 1
Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels.
Article 2
1. Each State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms, inter alia , by adopting such steps as may be necessary to create all conditions necessary in the social, economic, political and other fields, as well as the legal guarantees required to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy all those rights and freedoms in practice.
2. Each State shall adopt such legislative, administrative and other steps as may be necessary to ensure that the rights and freedoms referred to in the present Declaration are effectively guaranteed.
Article 3
Domestic law consistent with the Charter of the United Nations and other international obligations of the State in the field of human rights and fundamental freedoms is the juridical framework within which human rights and fundamental freedoms should be implemented and enjoyed and within which all activities referred to in the present Declaration for the promotion, protection and effective realization of those rights and freedoms should be conducted.
Article 4
Nothing in the present Declaration shall be construed as impairing or contradicting the purposes and principles of the Charter of the United Nations or as restricting or derogating from the provisions of the Universal Declaration of Human Rights, the International Covenants on Human Rights and other international instruments and commitments applicable in this field.
Article 5
For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels:
(a) To meet or assemble peacefully;
(b) To form, join and participate in non-governmental organizations, associations or groups;
(c) To communicate with non-governmental or intergovernmental organizations.
Article 6
Everyone has the right, individually and in association with others:
(a) To know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems;
(b) As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms;
(c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters.
Article 7
Everyone has the right, individually and in association with others, to develop and discuss new human rights ideas and principles and to advocate their acceptance.
Article 8
1. Everyone has the right, individually and in association with others, to have effective access, on a non-discriminatory basis, to participation in the government of his or her country and in the conduct of public affairs.
2. This includes, inter alia , the right, individually and in association with others, to submit to governmental bodies and agencies and organizations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realization of human rights and fundamental freedoms.
Article 9
1. In the exercise of human rights and fundamental freedoms, including the promotion and protection of human rights as referred to in the present Declaration, everyone has the right, individually and in association with others, to benefit from an effective remedy and to be protected in the event of the violation of those rights.
2. To this end, everyone whose rights or freedoms are allegedly violated has the right, either in person or through legally authorized representation, to complain to and have that complaint promptly reviewed in a public hearing before an independent, impartial and competent judicial or other authority established by law and to obtain from such an authority a decision, in accordance with law, providing redress, including any compensation due, where there has been a violation of that person’s rights or freedoms, as well as enforcement of the eventual decision and award, all without undue delay.
3. To the same end, everyone has the right, individually and in association with others, inter alia :
(a) To complain about the policies and actions of individual officials and governmental bodies with regard to violations of human rights and fundamental freedoms, by petition or other appropriate means, to competent domestic judicial, administrative or legislative authorities or any other competent authority provided for by the legal system of the State, which should render their decision on the complaint without undue delay;
(b) To attend public hearings, proceedings and trials so as to form an opinion on their compliance with national law and applicable international obligations and commitments;
(c) To offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms.
4. To the same end, and in accordance with applicable international instruments and procedures, everyone has the right, individually and in association with others, to unhindered access to and communication with international bodies with general or special competence to receive and consider communications on matters of human rights and fundamental freedoms.
5. The State shall conduct a prompt and impartial investigation or ensure that an inquiry takes place whenever there is reasonable ground to believe that a violation of human rights and fundamental freedoms has occurred in any territory under its jurisdiction.
Article 10
No one shall participate, by act or by failure to act where required, in violating human rights and fundamental freedoms and no one shall be subjected to punishment or adverse action of any kind for refusing to do so.
Article 11
Everyone has the right, individually and in association with others, to the lawful exercise of his or her occupation or profession. Everyone who, as a result of his or her profession, can affect the human dignity, human rights and fundamental freedoms of others should respect those rights and freedoms and comply with relevant national and international standards of occupational and professional conduct or ethics.
Article 12
1. Everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms.
2. The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.
3. In this connection, everyone is entitled, individually and in association with others, to be protected effectively under national law in reacting against or opposing, through peaceful means, activities and acts, including those by omission, attributable to States that result in violations of human rights and fundamental freedoms, as well as acts of violence perpetrated by groups or individuals that affect the enjoyment of human rights and fundamental freedoms.
Article 13
Everyone has the right, individually and in association with others, to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means, in accordance with article 3 of the present Declaration.
Article 14
1. The State has the responsibility to take legislative, judicial, administrative or other appropriate measures to promote the understanding by all persons under its jurisdiction of their civil, political, economic, social and cultural rights.
2. Such measures shall include, inter alia :
(a) The publication and widespread availability of national laws and regulations and of applicable basic international human rights instruments;
(b) Full and equal access to international documents in the field of human rights, including the periodic reports by the State to the bodies established by the international human rights treaties to which it is a party, as well as the summary records of discussions and the official reports of these bodies.
3. The State shall ensure and support, where appropriate, the creation and development of further independent national institutions for the promotion and protection of human rights and fundamental freedoms in all territory under its jurisdiction, whether they be ombudsmen, human rights commissions or any other form of national institution.
Article 15
The State has the responsibility to promote and facilitate the teaching of human rights and fundamental freedoms at all levels of education and to ensure that all those responsible for training lawyers, law enforcement officers, the personnel of the armed forces and public officials include appropriate elements of human rights teaching in their training programme.
Article 16
Individuals, non-governmental organizations and relevant institutions have an important role to play in contributing to making the public more aware of questions relating to all human rights and fundamental freedoms through activities such as education, training and research in these areas to strengthen further, inter alia , understanding, tolerance, peace and friendly relations among nations and among all racial and religious groups, bearing in mind the various backgrounds of the societies and communities in which they carry out their activities.
Article 17
In the exercise of the rights and freedoms referred to in the present Declaration, everyone, acting individually and in association with others, shall be subject only to such limitations as are in accordance with applicable international obligations and are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
Article 18
1. Everyone has duties towards and within the community, in which alone the free and full development of his or her personality is possible.
2. Individuals, groups, institutions and non-governmental organizations have an important role to play and a responsibility in safeguarding democracy, promoting human rights and fundamental freedoms and contributing to the promotion and advancement of democratic societies, institutions and processes.
3. Individuals, groups, institutions and non-governmental organizations also have an important role and a responsibility in contributing, as appropriate, to the promotion of the right of everyone to a social and international order in which the rights and freedoms set forth in the Universal Declaration of Human Rights and other human rights instruments can be fully realized.
Article 19
Nothing in the present Declaration shall be interpreted as implying for any individual, group or organ of society or any State the right to engage in any activity or to perform any act aimed at the destruction of the rights and freedoms referred to in the present Declaration.
Article 20
Nothing in the present Declaration shall be interpreted as permitting States to support and promote activities of individuals, groups of individuals, institutions or non-governmental organizations contrary to the provisions of the Charter of the United Nations. [ end}
