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| INTERNATIONAL INSTITUTIONS | Commission on Human Rights | ||
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HISTORY OF THE COMMISSION ON HUMAN RIGHTS The history of the Commission on Human Rights stretches back to the founding of the United Nations. After World War II, the world community realized that recognition of fundamental human rights could only be achieved through a universal acknowledgment and protection of those rights. Consequently, Article 62 of the United Nations Charter commits the UN to "make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all." In furtherance of this mandate, Article 68 of the Charter instructs the UN's Economic and Social Council (ECOSOC) to create a commission "for the promotion of human rights." This is the only functional commission of ECOSOC that is specifically mentioned in the Charter. The CHR was created by Economic and Social Council Resolution 5 (I) on February 16, 1946. From the start, the United States' representative, Eleanor Roosevelt, played a pivotal role in the formation of the CHR; she was elected the first chairperson of the CHR and played a key role in writing substantial portions of what now stands as the most important proclamation of fundamental human rights, the Universal Declaration of Human Rights. At first, ECOSOC decided that the CHR "ha[d] no power to take any action in regard to any complaints concerning human rights." (ECOSOC Res. 728F (1959)). In observance of this, the CHR was limited to standard-setting and promotional activities (e.g., writing the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights). In 1967, ECOSOC reversed this decision and passed a resolution which allowed the CHR to "examine information relevant to gross violations of human rights and fundamental freedoms." (ECOSOC Res. 1235). If that information showed "a consistent pattern of violations of human rights," the CHR was further allowed to conduct a more thorough examination and report its findings to ECOSOC. This led to the creation of the "Special Procedures" of the CHR. A further resolution, ECOSOC Res. 1503 (1970), created the "1503 procedure" whereby the Commission can receive individual complaints, including complaints from NGOs, in closed, confidential sessions evaluating whether there is a "consistent pattern of gross and reliably attested violations of human rights." Analysis The CHR has evolved dramatically during the last 50 years, reflecting the growth of both the UN and human rights. Unfortunately, the 1503 procedure is the strongest critical stance the CHR can take in response to State violations of human rights. It is a weak tool. There is no enforcement mechanism to ensure that the CHR's recommendations are followed. Instead, the CHR, usually unsuccessfully, relies on international scrutiny of human rights abuses to shame States into complying. The CHR has not taken greater steps to fight human rights violations because the CHR is primarily a political institution. Since human rights concern a State's treatment of its own people, some States consider any type of intervention on human rights grounds a violation of their sovereignty. States are hesitant to criticize one another for fear of being subject to the same criticisms in retaliation. Moreover, most States have human rights issues which could be censured. The CHR is limited by the political will of its member
States. While this true of any international governmental organization, it
highlights the importance of the membership of the CHR, the members that in the
end decide what action, if any, the CHR will take. The CHR has a proud history; its ability to advance human rights should not be underestimated. Undoubtedly, one of the CHR's most important functions has been the drafting of binding treaties to enforce universal and fundamental human rights standards. In addition to these treaties, several independent committees, such as the Human Rights Committee and the Committee Against Torture, have been initiated by the CHR. However, the CHR now stands at the edge of a precipice. If the CHR continues elaborating standards without enforcing the ones in previously drafted treaties, these new treaties and committees may weaken the overall body of human rights and undermine the prior accomplishments of the CHR. The CHR must shift its focus from developing normative standards to enforcing those human rights standards recognized as universal. Click the links below for further information about the Commission on Human Rights. The Commission on Human Rights Participation by Civil Society
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