|
Ibid.
, pp. 16–18.
238
See HRI/GEN/Rev.1, p. 45.
239
Ibid.
, p. 48.
240
Ibid.
, p. 53.
241
E/1995/22, p. 99. On disabilities and human rights, see also the final report of Leandro De-
spouy, Special Rapporteur on Human Rights and Disability, of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities, E/CN.4/Sub.2/1991/31; Gen-
eral Assembly resolution 3447 (XXX) of 9 December 1975 adopting the Declaration of the
Rights of Disabled Persons, and General Assembly resolution 37/52 of 3 December 1982
adopting the World Programme of Action concerning Disabled Persons, A/37/351/Add.1
and Corr. 1, chapter VIII.
242
E/C.12/1995/16, adapted in 1995.
243
E/C.12/2005/4.
t h e p r o t e c t i o n o f h u m a n r i g h t s
311
rights in the form of a ‘day of general discussion’.
244
It cannot hear indi-
vidual petitions, nor has it an inter-state complaints competence.
245
Expert bodies established under particular treaties
246
A number of expert committees have been established under particular
treaties. They are not subsidiary organs of the UN, but autonomous,
although in practice they are closely connected with it, being serviced,
for example, by the UN Secretariat through the UN Centre for Human
Rights in Geneva.
247
These committees are termed ‘UN Treaty Organs’.
The Committee on the Elimination of Racial Discrimination
248
Under Part II of the Convention on the Elimination of All Forms of Racial
Discrimination, 1965, a Committee of eighteen experts was established
244
At the ninth session, for example, in the autumn of 1993, the Committee discussed the
right to health, E/1994/23, p. 56, while at the tenth session in May 1994 the role of social
safety-nets as a means of protecting economic, social and cultural rights was discussed:
see E/1995/22, p. 70. See also generally C. Dommen, ‘Building from a Solid Basis: The
Fourth Session of the Committee on Economic, Social and Cultural Rights’, 8 NQHR,
1990, p. 199, and C. Dommen and M. C. Craven, ‘Making Way for Substance: The Fifth
Session of the Committee on Economic, Social and Cultural Rights’, 9 NQHR, 1991,
p. 93.
245
Note, however, that at its seventh session in 1992, the Committee formally proposed that an
optional protocol providing for some kind of petition procedure be drafted and adopted:
see E/1993/22, pp. 87 ff., and Craven,
Covenant
, pp. 98 ff. See also E/C.12/1994/12 and
E/C.12/1995/SR.50, December 1995. A working group was established in 2003 to achieve
this and the matter is still under consideration: see e.g. A/HRC/8/WG.4/3, 2008.
246
See e.g. Alston and Crawford,
Future
, and S. Lewis-Anthony and M. Scheinin, ‘Treaty-
Based Procedures for Making Human Rights Complaints Within the UN System’ in
Hannum,
Guide to International Human Rights Practice
, p. 43. See also M. O’Flaherty,
Human Rights and the UN: Practice Before the Treaty Bodies
, 2nd edn, The Hague, 2002.
247
This link with the Secretariat has been termed ambiguous, particularly in the light of
the difficulties in performing the two functions carried out by the Secretariat (Charter-
based political activities and expert activities): see e.g. T. Opsahl, ‘The Human Rights
Committee’ in Alston,
United Nations and Human Rights
, pp. 367, 388.
248
See e.g. M. Banton, ‘Decision-Taking in the Committee on the Elimination of Racial
Discrimination’ in Alston and Crawford,
Future
, p. 55; K. J. Partsch, ‘The Committee on
the Elimination of Racial Discrimination’ in Alston,
United Nations and Human Rights
,
p. 339; T. Meron,
Human Rights Law-Making in the United Nations
, Oxford, 1986,
chapter 1; K. Das, ‘The International Convention on the Elimination of All Forms of
Racial Discrimination’ in
The International Dimension of Human Rights
(eds. K. Vasak
and P. Alston), Paris, 1982, p. 307; Lerner,
UN Convention
and ‘Curbing Racial Discrim-
ination – Fifteen Years CERD’, 13
Israel Yearbook on Human Rights
, 1983, p. 170; M.
R. Burrowes, ‘Implementing the UN Racial Convention – Some Procedural Aspects’, 7
Australian YIL, p. 236, and T. Buergenthal, ‘Implementing the UN Racial Convention’, 12
Texas International Law Journal
, 1977, p. 187.
312
i n t e r nat i o na l l aw
consisting of persons serving in their personal capacity and elected by
the states parties to the Convention.
249
States parties undertook to submit
reports every two years regarding measures adopted to give effect to the
provisions of the Convention to the Committee, which itself would report
annually through the UN Secretary-General to the General Assembly. The
Committee may make suggestions and general recommendations based
on the examination of the reports and information received from the
states parties, which are reported to the General Assembly together with
any comments from states parties.
250
The Committee is also able to operate
early warning measures and urgent procedures. Early warning measures
are directed at preventing existing problems from escalating into conflicts,
while urgent procedures are to respond to problems requiring immediate
attention to prevent or limit the scale or number of serious violations of the
Convention. Decisions, statements or resolutions may be adopted. Such
action has been taken in relation to more than twenty states parties. The
Committee has, for example, conducted two field visits in connection with
the procedure and has drawn the attention of the Secretary-General, the
Security Council or other relevant bodies to issues in relation to six states
Do'stlaringiz bilan baham: |
