Dear colleagues, The 66th Inter Agency Standing Committee (IASC) Working Group meeting (New York, 15-17 November 2006) endorsed the revised Guidance Note on Using the Cluster Approach to Strengthen Humanitarian Response, and decided to disseminate this note to the field through the Humanitarian Coordinators. This was done on 29 November 2006.
This Guidance Note is relevant and important to OHCHR because of the global policy towards greater cooperation and complementarity with Humanitarian agencies. It is also of particular importance with regard to the protection cluster. (UNHCR is the Cluster Lead for Protection in situations of population displacement while OHCHR and UNICEF share UNHCR leadership in all other situations).
The 'Cluster Approach' is one of the three pillars of the UN humanitarian reform (together with the Central Emergency Relief Fund and the strengthened role of Humanitarian Coordinators). As described in the Guidance Note, the Cluster Approach is a process that aims at increasing overall coordination of humanitarian initiatives at the global and field levels. The basic concept is that while some sectors of humanitarian work are relatively straightforward, both in terms of substance and responsibility (e.g. food), coordination in other areas is blurred. Areas that require a multi-sectoral approach with the intervention of a variety of actors – sometimes with very distant mandates – are called Clusters.
The Cluster Approach defines these areas where enhanced coordination is needed, establishing global and country responsibilities ('Cluster Leads'). Cluster Leads have the responsibility to ensure coordination (but not performance) of the partners of a given cluster at the country level. They are accountable to the Humanitarian Coordinators. At the global level, Cluster Leads ensure that the relevant backstopping to specific country situations is provided and that the relevant tools are developed to support humanitarian workers during crisis. It should be noted that OHCHR has mainstreaming responsibilities with regard to all clusters.
The Guidance Note was drafted with the inputs of all IASC partners - including OHCHR - and during the course of 2006 it was rolled out in a number of selected countries for testing: DRC, Uganda, Liberia, Somalia, Lebanon and Pakistan. IASC partners have also agreed that the Cluster Approach should eventually be applied in all countries with Humanitarian Coordinators (see attached list), underlining that Humanitarian Country Teams under the leadership of the Humanitarian Coordinator should drive this process, in order to ensure proper ownership and further refinement of this document. During 2007, the IASC is going to support a number of initiatives aimed at facilitating the implementation of the Guidance Note (including training and the development of guidance tools).
As some of you are closely working with humanitarian partners in countries where the Cluster Approach has been already implemented or where it will be implemented soon (it is also decided that the Cluster Approach will be applied in all new humanitarian emergencies requiring a multidimensional response), I encourage you to familiarise yourself with the Guidance Note and extend your collaboration to Humanitarian Coordinators and IASC partners in its implementation.
Should you have queries or comments on the Guidance Note, the IASC or the UN humanitarian reform, please address these to Giuseppe Calandruccio, at gcalandruccio@ohchr.org.
For more information on the IASC, you can consult http://www.humanitarianinfo.org/iasc/
With best wishes,
Sunday, April 1, 2007
UN moves to transfer Taylor trial
June 16, 2006
Moves to transfer former Liberian leader Charles Taylor to the Dutch city of The Hague are under way. The British ambassador to the UN said a draft resolution which would allow the transfer to go ahead is ready to go before the Security Council. A UN-backed tribunal in Sierra Leone, where Mr Taylor is on trial, wants the case moved for security reasons.
Mr Taylor faces war crimes charges in relation to Sierra Leone's civil war. He is accused of backing rebels in the decade-long war in which up to 50,000 people died. On Thursday, the British government said Mr Taylor could serve a prison sentence in the UK if he was convicted of war crimes.
Notorious
The Dutch government said this meant all conditions had been met for his trial to be moved to The Hague, after other European countries had refused to host him.
It had agreed to host Mr Taylor's trial, still conducted by the Special Court for Sierra Leone, as long as he was imprisoned in another country if he was convicted.
British Foreign Minister Margaret Beckett said the UK's decision showed Britain's "commitment to international justice".
Both Sierra Leone and Liberia are recovering from years of conflict, in which Mr Taylor played a central role.
Liberia's President Ellen Johnson-Sirleaf, who took office in January, said she feared that putting Mr Taylor on trial in West Africa could lead to renewed instability.
Britain, the former colonial power in Sierra Leone, sent troops to help oust rebels from the capital, Freetown in 2000.
Sierra Leone's Revolutionary United Front rebels were notorious for mutilating civilians, by hacking off their arms or legs with machetes.
Moves to transfer former Liberian leader Charles Taylor to the Dutch city of The Hague are under way. The British ambassador to the UN said a draft resolution which would allow the transfer to go ahead is ready to go before the Security Council. A UN-backed tribunal in Sierra Leone, where Mr Taylor is on trial, wants the case moved for security reasons.
Mr Taylor faces war crimes charges in relation to Sierra Leone's civil war. He is accused of backing rebels in the decade-long war in which up to 50,000 people died. On Thursday, the British government said Mr Taylor could serve a prison sentence in the UK if he was convicted of war crimes.
Notorious
The Dutch government said this meant all conditions had been met for his trial to be moved to The Hague, after other European countries had refused to host him.
It had agreed to host Mr Taylor's trial, still conducted by the Special Court for Sierra Leone, as long as he was imprisoned in another country if he was convicted.
British Foreign Minister Margaret Beckett said the UK's decision showed Britain's "commitment to international justice".
Both Sierra Leone and Liberia are recovering from years of conflict, in which Mr Taylor played a central role.
Liberia's President Ellen Johnson-Sirleaf, who took office in January, said she feared that putting Mr Taylor on trial in West Africa could lead to renewed instability.
Britain, the former colonial power in Sierra Leone, sent troops to help oust rebels from the capital, Freetown in 2000.
Sierra Leone's Revolutionary United Front rebels were notorious for mutilating civilians, by hacking off their arms or legs with machetes.
Economic Impact of Peacekeeping Project
Dear Bipin Adhikari,
We are writing to provide you with an update on the Economic Impact of Peacekeeping project.
Thanks to the assistance of you and other colleagues in the UN, the project team successfully completed fieldwork in nine missions and was able to complete the first quantitative assessment of the economic footprint of peacekeeping. The findings were surprising in many regards. Most notably, the project determined that missions do not create widespread inflation beyond a few sectors such as the high-end rental market. They do, however, create severe distortions in the local labour market. Nonetheless, the overall impact of local spending was overwhelmingly positive. The final report documents over 30 recommendations from UN staff on how to increase local spending and enhance the strategic impact of the mission. We have attached a one page fact sheet that summarizes the findings of this project. The complete EIP report can be found here:
http://www.peacedividendtrust.org/EIP.htm
Once again, thank you for assisting this project.
Best Regards,
Scott Gilmore
Executive Director
Peace Dividend Trust
Economic Impact of Peacekeeping Project: Fact Sheet
Project Findings:
• Restoring peace is the single biggest impact of UN peacekeeping missions.
• In 8 of the 10 missions studied less than 10% of the mission budget entered the local economy,
the average being 5% over the lifespan of the mission.
• Individual UN staff spending of Mission Subsistence Allowance (MSA) accounted for half of the
missions local impact.
• Even this small amount of local spending can kick start economic recovery, however, and does
more good than harm.
• As evidence of the positive impact, the missions’ contribution to GDP ranged from 1-10%.
• Contrary to conventional wisdom, inflation is generally limited to high-end sectors servicing
internationals and is not widespread in the economies.
• But mission staffing and wage policies were identified as having the biggest negative impact
drawing scarce skilled staff from the local public and private sector and creating severe wage
inflation in the local economy.
Key Recommendations:
• There is considerable room to improve the economic impact of peacekeeping missions that in
turn will facilitate economic recovery and support peacebuilding.
• Increasing field procurement provides the best opportunity to enhance the economic impact of
missions.
• The value for money principle must be maintained when increasing local procurement. It is
preferable to improve local access to tendering rather than provide special treatment.
• Missions should raise awareness among international staff of the important positive impact of
personal spending
• UN should revise its policy for setting national staff wages. Local out-sourcing may provide the
most feasible solution.
For more info: www.peacedividendtrust.org or www.peacekeepingbestpractices.unlb.org
We are writing to provide you with an update on the Economic Impact of Peacekeeping project.
Thanks to the assistance of you and other colleagues in the UN, the project team successfully completed fieldwork in nine missions and was able to complete the first quantitative assessment of the economic footprint of peacekeeping. The findings were surprising in many regards. Most notably, the project determined that missions do not create widespread inflation beyond a few sectors such as the high-end rental market. They do, however, create severe distortions in the local labour market. Nonetheless, the overall impact of local spending was overwhelmingly positive. The final report documents over 30 recommendations from UN staff on how to increase local spending and enhance the strategic impact of the mission. We have attached a one page fact sheet that summarizes the findings of this project. The complete EIP report can be found here:
http://www.peacedividendtrust.org/EIP.htm
Once again, thank you for assisting this project.
Best Regards,
Scott Gilmore
Executive Director
Peace Dividend Trust
Economic Impact of Peacekeeping Project: Fact Sheet
Project Findings:
• Restoring peace is the single biggest impact of UN peacekeeping missions.
• In 8 of the 10 missions studied less than 10% of the mission budget entered the local economy,
the average being 5% over the lifespan of the mission.
• Individual UN staff spending of Mission Subsistence Allowance (MSA) accounted for half of the
missions local impact.
• Even this small amount of local spending can kick start economic recovery, however, and does
more good than harm.
• As evidence of the positive impact, the missions’ contribution to GDP ranged from 1-10%.
• Contrary to conventional wisdom, inflation is generally limited to high-end sectors servicing
internationals and is not widespread in the economies.
• But mission staffing and wage policies were identified as having the biggest negative impact
drawing scarce skilled staff from the local public and private sector and creating severe wage
inflation in the local economy.
Key Recommendations:
• There is considerable room to improve the economic impact of peacekeeping missions that in
turn will facilitate economic recovery and support peacebuilding.
• Increasing field procurement provides the best opportunity to enhance the economic impact of
missions.
• The value for money principle must be maintained when increasing local procurement. It is
preferable to improve local access to tendering rather than provide special treatment.
• Missions should raise awareness among international staff of the important positive impact of
personal spending
• UN should revise its policy for setting national staff wages. Local out-sourcing may provide the
most feasible solution.
For more info: www.peacedividendtrust.org or www.peacekeepingbestpractices.unlb.org
Draft Policy Paper on Trial Observation
May 18, 2006
The High Commissioner has asked the Rule of Law and Democracy Unit to take the lead in preparing a policy paper on trial observation. It was understood that this policy paper would be developed in consultation with all colleagues in the Office. Please find attached a draft policy paper for your review. If you have any comments, observations or suggestions, please forward them to me no later than 16 June 2006. After your comments are received, an informal meeting will be organized in Geneva to discuss the draft policy paper with a view to revising it as appropriate.
Draft Policy Paper on Trial Observation
Prepared by Robert Husbands, Rule of Law and Democracy Unit, OHCHR (17 May 2006)
Introduction
This draft policy paper sets out information about experiences of the United Nations, and OHCHR in particular, with trial observation. It also makes reference to the work of the OSCE, which has considerable experience in this area. Preliminary conclusions and recommendations are also enclosed.
A significant number of OHCHR staff contacted in the preparation of this paper had little knowledge of the subject of trial observation. A lack of documentation concerning trial observation in general was identified as a problem within OHCHR institutionally in the process of researching this paper. Therefore, an annex to this paper is included, which provides basic information relating to the goals of trial observation, basic fair trial criteria, and processes that have been identified by OHCHR and prominent NGOs about how trial observation should be done.
I. The United Nations and trial observation
A. Human rights standards and relevant OHCHR publications
The right to a fair trial is designed to protect individuals from unlawful and arbitrary deprivation of their basic rights and freedoms, the most prominent of which are the right to life and liberty of the person. These rights are guaranteed, inter alia, by Article 14 of the International Covenant on Civil and Political Rights (ICCPR), and as such falls within the mandate of the High Commissioner to promote and protect human rights.
Trial monitoring is undertaken to evaluate the fairness of trials and their compliance with the standards set out in the laws of the State concerned, the ICCPR and other international[1] and regional human rights instruments[2], and customary international law[3]. OHCHR’s Training Manual on Human Rights Monitoring has a chapter entitled “Trial Observation and Monitoring the Administration of Justice”, that is devoted entirely to this subject.[4] More recently, two publications of OHCHR, Monitoring Legal Systems and Mapping the Justice Sector[5], address issues relating to trial monitoring in post-conflict states. OHC In addition to these OHCHR publications, a number of books and articles on trial monitoring have been published by other human rights organizations, most prominently by international and national NGOs.[6] These publications diverge in the level of detail, but rarely on issues of substances. They normally include the rationale for trial monitoring; the relevant standards to be observed, usually in a checklist form with a separate commentary on interpretation of individual criteria; and practical guidance on how monitoring should be done.
B. Trial observation by OHCHR, UN field presences and the OSCE[7]
The United Nations has periodically engaged in trial monitoring, and it has been considered by the United Nations, other international organizations, States and NGOs as a useful tool to encourage States to respect international and regional fair trial standards in high-profile trials, frequently of a political character, and more recently to assist in the evaluation of justice sector reform. Trial observation by the United Nations does not appear to be very well documented in official reports, even though such programmes are exist or have existed, in some cases on a fairly sizeable scale.
Official documentation as well as informal published documentation relating to the trial monitoring experiences of OHCHR and UN field presences is limited. A lack of documentation is sometimes attributable to the fact that frequently the reports of monitoring are not made public.
Occasionally, OHCHR has monitored or requested to monitor high profile cases as well, although this appears to be a relatively rare occurrence.[8] On one occasion, an OHCHR official was designed by the Secretary-General to undertake a mission of trial observation concerning the appeal of a member of the United Nation Trust Fund for Victims of Contemporary Forms of Slavery who had already been arrested, tried and imprisoned. The trial observation mission was predicated on the position of the United Nations that the expert’s arrest, trial and imprisonment was inconsistent with the immunity he should be accorded to freely carry out his functions as a member of this UN body.[9] Trial observation frequently appears to not only have the purpose of monitoring sensitive trials at the national level to detect interference with the independence of the judiciary and compliance with international standards, but also a broader goal of assessing the implementation of judicial reforms with a view to detecting areas where further attention may be warranted in providing technical assistance during an ongoing judicial reform process.
Trial monitoring by the UN has occurred with some regularity in, for example, Bosnia and Herzegovina, Cambodia, Columbia, Democratic Republic of the Congo, Georgia, Haiti, Kosovo, Liberia, Rwanda, Serbia and Montenegro, and Timor Leste. [10] Details in official reports are somewhat summary, when mentioned at all. For example, in a report of the Secretary-General on the role and achievements of OHCHR in assisting the Government and people of Cambodia in the promotion and protection of human rights, there is only a brief mention of trial monitoring, which states: “The Office observed trials on a selective basis. In certain cases, the Office facilitated medical, legal and other forms of assistance to victims.” Related information was reported, but again only in summary form:
“The Office continued to monitor conditions of detention and imprisonment and the enforcement of court orders. Shortage of food and inadequate medical assistance to inmates were of continuing concern. Many reports were received of cases where suspects were not legally represented in court because of the shortage of lawyers in Cambodia, or were tried in absentia due to the lack of transportation to take them from the detention centres to the court.”
Similarly, in a report to the Security Council on the situation in Georgia, it was
reported briefly that “The United Nations Human Rights Office in Sukhumi …continued to monitor court trials and places of pre-trial detention.”
In Kosovo, there is an active legal system monitoring programme that is carried out within the framework of the United Nations Mission in Kosovo (UNMIK), which includes trial observation. The programme is administered by the OSCE, which has extensive trial observation programmes in a number of the countries in the Balkans. It has been reported that there are five international staff and five national staff, who, inter alia, undertake trial observation on a regular basis, and publish a report every six months on key subjects of concern and trends in the evolution of the criminal justice system, with some reports focusing on thematic areas.[11] This periodic reporting was designed to alert UNMIK and donors about the situation within a realistic time frame and enable them to make timely decisions on changes in the programme.
It has been reported that the legal monitoring programme undertaken in Kosovo has served as a model for programmes run by the Department of Peace Keeping Operations (DPKO) in Liberia and Haiti. Liberia has an extensive programme with approximately 50 rule of law personnel, a number of whom engage in trial observation.[12]
In Bosnia and Herzegovina, the UN field mission engaged in a comprehensive approach to trial observation with a view to assessing the status of the judiciary and the need for judicial reform. The Judicial System Assessment Programme (JSAP) was set up by the United Nations Mission in Bosnia and Herzegovina in late 1998, under a Security Council resolution, to “monitor and assess” the court system as part of the overall programme of judicial reform coordinated by the Office of the High Representative. JSAP considered all aspects of the judicial system, including civil and administrative cases and the institutional framework and political environment in which the judiciary operates, from a rule of law perspective that was not limited to human rights issues.[13] The JSAP programme ended in November 2002, and subsequently the OSCE took the lead role in legal system monitoring. A trial observation team that consists of approximately 35 local staff and international staff regularly engages in trial observation in every district of the country, and concentrates on monitoring the domestic prosecution of war crimes before the cantonal courts and on the implementation of the criminal procedure code.[14] The coordinator of OSCE field mission in Bosnia and Herzegovina indicated at a meeting with member States of the OSCE in May 2006 that the trial observation programme was the key element of the field mission’s programme to assist in the implementation of judicial reform in the country.
Interestingly, the OSCE approach is not the same in all of the countries of the Balkans where it has field missions that engage in trial observation. Although in Serbia and Montenegro, the OSCE does engage in limited trial observation of cases involving war crimes and organized crime, the vast majority of its resources are focused on providing technical assistance. Discussions with a representative of the OSCE Mission to the country indicated that they had made this choice because, in their view, civil society organizations were sufficiently developed in the country that could monitor the fairness of the judicial process, and that the OSCE field mission had concluded that it should only become involved in relatively high profile cases.
The OSCE has also undertaken trial observation of trials countries outside the Balkans, most notably in Uzbekistan and Azerbaijan.
The issue of the use of local staff in trial observation is a complex one. Local staff may have a great contribution to make because of their knowledge of local language, culture and legal traditions. However, in some situations, there may not be competent local staff in terms of knowledge of international standards, and if they exist, engaging them may drain away, through payment of higher salaries, scarce local legal personnel who would otherwise work as judges, prosecutors or defence counsel. Similarly, local staff in situations that are charged with ethnic tensions may carry with them their own bias, and may also be in danger of reprisals for accurately reporting irregular judicial proceeding or evident cases of judicial corruption. While it has been reported that in Bosnia and Herzegovina use of local staff worked relatively well, anecdotal evidence indicates that in Kosovo their role was sometimes found to be problematic because of bias. Although the UN has no trial observation programme at the present time in Afghanistan, there had been some sporadic attempts to engage in trial observation by local staff that were subsequently discontinued because of a fear of reprisals.[15] Hence, local conditions need to be closely evaluated when designing programmes in the field.
According to anecdotal reports, DPKO, which has significant trial observation programmes in a number of its field missions, is reticent to see OHCHR engaging in trial observation and more broadly activities relating to the reform of the criminal justice sector. It has been reported that some in DPKO are of the view that they have the resources, expertise and competent staff to undertake this type of activity, and that OHCHR, broadly speaking, does not. This has apparently created tensions and problems of coordination where both OHCHR and DPKO have field presences.
C. Trial observation in the context of a the Security Council resolution unrelated to the establishment of a UN field presence
In the trial of those accused of the Lockerbie bombings, the Security Council included a reference to trial monitoring in its resolution 1192 (1998).[16] The resolution in paragraph 6, “Invites the Secretary-General to nominate international observers to attend the trial”. In a letter dated 25 April 2000 addressed to the Security Council, the Secretary-General indicated “the names of the international observers nominated by me pursuant to paragraph 6 of Security Council resolution 1192 (1998) to attend the trail of the two persons charged with the bombing of Pan Am flight 103 before the Scottish Court sitting in the Netherlands. The persons named were Mrs. Hairat Balogun (Organization of African Unity and the Non-Aligned Movement); Mr. M.H. Beerenboom (European Commission); Dr. Nabil Elaraby (League of Arab States) and Dr. Hans Koechler and Mr. Robert Thabit (International Progress Organization).[17]
Subsequently it became an issue whether the trial observers were “UN monitors” or monitors speaking for themselves or their own organizations because of a report and statements made on the Lockerbie trial made by Dr. Hans Koechler of the International Progress Organization. Dr. Koechler had characterized the dismissal of the Lockerbie bomber’s appeal as “a spectacular miscarriage of justice”.[18] This led to an unusual exchange of correspondence. Mr. Hans Corell, Legal Counsel of the United Nations at the time, wrote to the parents of a victim and stated that:
“It should be clarified that international observers nominated by the Secretary-General pursuant to Security Council resolution 1192 (1998) did not represent the United Nations at the Lockerbie trial and were not required to produce and submit to the United Nations their observations. These observers represented their own organizations which were responsible for their expenses.
It follows from the foregoing that the United Nations cannot be associated with the observations made by these observers, as wrongly implied by some reports, and the United Nations Secretariat is not in a position to comment on these observations. It is worthy of note in this regard that when Dr. Koechler’s remarks on the trial were received by the Untited Nations they were forwarded to the Registrar of the Scottish Court in the Netherlands under a cover letter indicating that these remarks constitute his personal views on the trial.”
The International Progress Organization issued a note agreeing in part and disagreeing in part with the statement of the Legal Counsel of the United Nations. While the International Progress Organization agreed that the report of Dr. Koechler was not a report of the United Nations, it disputed that he was not a UN trial observer. It noted that Dr. Koechler, “like the other UN-nominated observers, was not merely offered an ‘opportunity to observe the appeal hearings’ … but was (a) ‘nominated’ by the UN Secretary-General after the International Progress organization had been ‘invited’ by the UN Under-Secretary-General for Legal Affairs to inform him of the names of representatives ‘who could be nominated to attend the trial as international observers,’ and (b) was considered by the Scottish Court in the Netherlands, on the basis of the official communications received from the United Nations, as ‘UN Observer’”. It also noted that the Scottish Court in the Netherlands issued a pass to Dr. Koechler, which read as follows “Hans Koechler – International Progress Organization – UN Observer”[19]
Trial monitoring in the Lockerbie trial observation has some relevance to OHCHR’s choices about how it conducts this activity. While the circumstances concerning trial monitoring in the Lockerbie were no doubt unusual, this event does highlight the potential problems that may result if trial observers are nominated by the United Nations, but not working directly under its authority. It can, for example, lead to confusion as to whether they are agents of the United Nations and whether they are speaking on behalf of the United Nations. Presumably this confusion could also be present if the United Nations undertook to trial monitoring jointly with another organization or organizations and the agreement on the modalities of collaboration were not sufficiently clear.
The case above is mentioned because it relates to an issue that actually came up recently in the framework of OHCHR’s activities. The Office requested the Government Uzbekistan to monitor a trial in connection with events in Andijan, Uzbekistan in 2005. The Government indicated that it was willing to accede to the request, subject to certain conditions, one of which was that the trial monitor should be an employee of the United Nations. This request was interesting as it could be interpreted that Uzbekistan did not want the Office to nominate a person from an organization that was legally distinct from the United Nations, and which could cause confusion about the person’s status. Although ultimately OHCHR did not monitor the trial in Uzbekistan because of a number of other limitations imposed by the Government, including the refusal to authorize her representative to have access to the case file and places of detention, the High Commissioner did issue a statement critical of a series of trials that took place in connection with the events in Andijan whereby she urged respect for fair trial standards. [20]
Interestingly, the Security Council seems as least as likely as OHCHR to be solicited as the appropriate UN organ to undertake trial observation of high profile or political trials. For example, Reporters Without Borders called upon the Security Council in December 2005 to send a legal observation mission to Ethiopia to monitor the judicial proceedings in which 131 detained government opponents and critics, including 13 journalist, are to be tried in Addis Ababa for allegedly fomenting insurrection.[21]
Preliminary Conclusions and Recommendations
1. OHCHR’s has expertise in trial observation both at headquarters and in the field, but this expertise is diffuse, not well documented and not well organized. There should be an effort to establish a roster of individuals within the organization who have experience with trial observation so that they can exchange experiences, their efforts can be better documented, and a ready pool of experienced persons could be drawn upon in the event OHCHR was asked to engage in trial observation in one or more high profile cases. A meeting on this subject could be organized.
2. Both OSCE and DPKO appear to have more experience in trial observation globally than OHCHR, although there may be individual country situations where this is not true. Efforts should be made to have more interaction with OSCE and DPKO not only at the level of the field, but also at a headquarters level to improve the knowledge base of OHCHR in this area. It would be useful to organize meetings for this purpose.
3. Tension between OHCHR and DPKO exists on the subject of trial observation, with DPKO informally taking the view that OHCHR does not have adequate capacity in terms of trained legal professionals to undertake this type of work. These tensions should be addressed and resolved through a better coordination of efforts. It should be acknowledged that DPKO has far more resources than OHCHR to undertake this type of work in peace operation missions. OHCHR should also take under review informal criticism that its staff may not have the same level of legal expertise as DPKO, and take steps to address this situation if this criticism is shown to be justified. Programmes by DPKO on justice sector reform do appear to be far more comprehensive in approach and to address issues that are not commonly thought of as human rights issues. CBB should take the lead in discussions with DPKO, with the Rule of Law and Democracy Unit playing a supporting role. Ultimately, OHCHR may need to consider how it approaches this issue at an organizational level and in terms of minimum qualifications of staff that undertake this type of work.
4 Trial observation undertaken by OHCHR should be undertaken by OHCHR staff or consultants working under the authority of OHCHR. In principle, NGOs should not be authorized to undertake trial observation on behalf of OHCHR, although this does not mean that OHCHR should not take into account trial observation experiences by NGOs when assessing the fairness of a particular trial or more broadly the state of implementation of judicial reform in a given country.
ANNEX: BASIC INFORMATION ABOUT TRIAL OBSERVATION
A. The choice of trials and strategic objectives
Trial monitoring normally concerns criminal trials, and frequently criminal trials that involve “political offences” or that have a “political character”. Nevertheless, there has been trial monitoring of civil cases, for example, in the context of a defamation proceeding against a prominent judge or political opponent. Trial monitoring also has taken place where the proceeding appears designed to discredit certain judges or lawyers with a view to undermine the independence of the judiciary or to intimidate defence counsel. The key goals of trial monitoring[22] can be summarized as follows:
· to make known to the court, the authorities of the country and to the general public the interest in and concern for the trial in question;
· to encourage the court to give the accused a fair trial. NGOs with experience in this field have concluded that a trial monitor’s presence often changes the atmosphere in the courtroom and facilitates the defence attorney’s role by making the court more cognizant of the defence’s arguments, encouraging defence counsel and the defendant to be more forceful in contesting the prosecution’s claims, in attracting media and international attention to the trial;
· to obtain more information about the conduct of the trial, the nature of the case against the accused, and the legislation and circumstances under which the person is being tried;
· to promptly prepare a report at the conclusion of the proceedings for the organization for which the trial observer works, with conclusions on the fairness of the trial observed, with a view that the publicity that this report receives may serve to enhance a defendant’s chances of having his or her case fairly reviewed on appeal;
· to inform the government and the general public of possible irregularities in the conduct of the trial, including conformity with domestic criminal procedure and law, international standards and customary international law, with a view to prompting the government to take action to bring criminal trials into conformity with international human rights standards regarding fair trial.
B. Basic fair trial criteria
In order to avoid possible challenges to the legal nature of the standards employed by a trial monitor, the standards against which a trial is to be assessed in terms of fairness should be those norms whose legal origin is considered beyond question.[23] These include:
· the laws of the country that are applicable to the trial;
· the human rights treaties – regional and international - to which the State is a party, and
· norms of customary international law
In interpreting the provisions of international and regional human rights treaties, there exist a number of resources that may be useful to a trial monitor when additional guidance is needed to understand the application of the text of an international or regional instrument.[24]
Below is a list of summary of the most basic fair trial criteria. More comprehensive information on fair trial criteria, and also extensive commentary on how the below provisions have been previously interpreted, is available in a number of publications specifically devoted to trial monitoring in particular, as well as to the subject of fair trial more generally.
1) Pre-trial rights
· The prohibition of arbitrary arrest and detention
· The right to know the reasons for arrest
· The right to legal counsel
· The right to a prompt appearance before a judge to challenge the lawfulness of arrest and detention
· The prohibition of torture and the right to humane conditions during pre-trial detention
· The prohibition of incommunicado detention
2) The trial
· Equal access to, and equality before, the courts
· The right to a fair hearing
· The right to a public hearing
· The right to a competent, independent and impartial tribunal established by law
· The right to the presumption of innocence
· The right to prompt notice of the nature and cause of criminal charges
· The right to adequate time and facilities for the preparation of a defence
· The right to a trial without undue delay
· The right to defend oneself in person or through legal counsel
· The right to examine witnesses
· The right to an interpreter
· The right not to incriminate oneself
· The prohibition of retroactive application of criminal laws
· The prohibition of double jeopardy
3) Post-trial rights
· The right to appeal
· The right to compensation for a miscarriage of justice
C. The mechanics of trial observation
There are multiple issues involved in trial observation. These include the following:
· Selection of the trial observer
· Briefing of the trial observer and formalizing the terms of reference for the mission
· Informing the Government and request for conditions that would allow the trial monitor to freely perform his or her functions
· Linguistic knowledge/need for interpreters and translators
· Contacts and interviews during the mission
· Travel and housing arrangements/required visas
· Public statements before, during and after the mission
· Seating in the courtroom: notes
· The report of the trial monitor
Going through these issues one by one briefly, the issue of the selection of the trial observer is crucial. The success of the mission will depend on the trial monitor’s independence, impartiality and qualifications. Other relevant factors would include knowledge of applicable domestic law and international human rights standards, familiarity with the case and language skills. In certain cases, a trial monitor’s nationality, ethnicity or gender could be considered a factor in having the person perceived as impartial. Several international human rights NGOs, including Amnesty International, have rules against using local lawyers as trial observers because this may give rise to claims of bias. Although there is no generalized practice on whether it is better to send a staff member of the organization doing the monitoring or a well known lawyer as a consultant, it some contexts the fact that a consultant may have an international reputation may give rise to a perception of bias because the person’s reputation is based on previous activities that are well known.
Evidently, the trial monitor should be briefed on domestic law and the situation concerning the trial before departure and should have clear terms of reference for the mission. Similarly, the Government concerned should be informed of the mission, the terms of reference and the Government’s cooperation with the trial observer should be requested, including issuance of an appropriate visa.
Ideally, the trial monitor will speak and read fluently the language that will be used in the trial that he or she is sent to observe. However, in many cases this is not possible and the trial monitor will need the assistance of an interpreter to provide a soft voice translation of the proceedings as well as in meeting with the judges of the case, the prosecutor, defence counsel and the defendants. The service of the same person should also be used to have translations of relevant laws and documents in the court file or presented and used prior to, during and after the trial. It may be that it is preferable to use an interpreter who is from outside the country to avoid the potential for harassment or reprisals by the government.
Regarding travel and housing, if assistance is given in-country, it should be from a person or entity not involved in the proceedings. The trial monitor should also not stay in a hotel that is being used or where persons associated with the trial are staying to preserve his or her impartiality.
In terms of public statements, while practice is not uniform, most of the sources consulted indicated that the trial monitor should be free to inform the press about his or her presence, the purpose of the mission and that a report will be drawn up following the end of the trial observation for OHCHR. Normally, the statement would indicate that no further statements would be made until the conclusion of the trial and the submission of the report to the organization for which he or she works. At that conclusion of the trial, the trial monitor would promptly draft a report and submit it to OHCHR, which then decide whether to issue a statement of the trial observation. Only exceptional circumstances, such as the breakdown of the judicial process would merit a comment on the merits during the trial itself, and this only in after consultation with headquarters.
The trial monitor should, if possible, meet with the presiding judge, the prosecutor and the defence counsel before the proceedings begin. If it was helpful to clarify the trial monitor’s presence, a neutral party such as the presiding judge should indicate that the trial monitor is there so the participants and the public so that note can be taken of the trial monitor’s presence. The trial monitor should also, if possible, interview the defendant, in full confidentiality, in order to observe his or her physical and mental conditions and the circumstances of his or her detention, including the circumstances of any interrogations that have taken place. If there are more than one defendant, they should be interviewed individually and not as a group. The trial monitor should also review all documents in the court file, including those that are presented at trial. The trial monitor should try to meet with other persons, including government officials, who may have knowledge of the background of the case. Articles by journalists prior to the trial and during the trial should also be collected as background information.
When observing the trial, it is best not to sit in the section with the public but to have a neutral position in the courtroom apart from the public as well as the prosecutor and defence counsel. The trial monitor should take extensive notes to have his or her record of the proceedings. Some sources have indicated that the trial monitor should take notes in a type of short hand that only he or she can understand, in the event that the Government attempts to review the notes. Normally the report should be prepared promptly, within a week or so after the trial, but after the trial monitor has left the country. All sources consulted that promptness in drafting up the report is vital, in order to maximize the effect of an public statement made by the sending organization.
One issue that is not uniformly answered is whether the Government should be allowed to see a copy of the report and have the opportunity to comment and respond before it is made public, or in the alternative, before OHCHR makes a statement. If the report is sent to the Government, a precise time limit should be indicated beyond which OHCHR should feel free to issue a statement and/or the report. Although some may question issuing a statement and/or report at the conclusion of the proceedings, the statement and/or report may help to ensure that the defendant’s appeal receives the attention it deserves on appeal, including any irregularities noted by the trial monitor, and that the Government takes steps to bring its trial proceedings into accordance with regional and international standards.
As to the structure of the report, the following non-exhaustive list includes key information that should be included in a report on trial monitoring:
· The terms of reference for the trial observation
· The background of the case
· The facts of the case as revealed at trial and by independent fact-finding, with particular emphasis on the prosecution and defense evidence
· The charges, the applicable laws, pre-trial procedures, the trial process, the judgement of the court and any subsequent proceedings
· The mental and physical condition of the defendant and the conditions of confinement
· An evaluation of the fairness of the proceedings, applicable laws and conformity of the trial with national, regional and international law
· A conclusion
Additionally, the following material should, if possible, be gathered as supplementary information or reference material:
· Copies of relevant rules of procedure, laws and court decisions
· Copies of charges, transcripts and the court’s judgement
· A description of the trial monitor’s methodology, as well as a list of material studies and persons interviewed
· Sensitive information which should be omitted from the published report
· Copies of newspaper articles referring to the trial and/or the trial monitor’s presence, with the names of the media sources and the dates of publication
· Additional information not strictly within the trial monitor’s missions such as information about other prisoners, other trials and recent laws that are relevant
· Practical suggestions and observation that may be useful for future trial monitoring missions.
[1] In addition to the International Covenant on Civil and Political Rights, the other international human rights instrument most relevant in this context would be the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Nevertheless, other international human rights instruments could be relevant such, inter alia, the Convention of the Rights of the Child which has provisions on fair trial.
[2] Regional international instruments that may be relevant would include the European Convention for the Protection of Human Rights and Fundamental Freedoms; the American Convention on Human Rights; and the African Charter on Human and People’s Rights.
[3] The provisions of the Universal Declaration of Human Rights are normally considered as part of customary international law and may be of paramount importance if a state has not ratified the ICCPR, the Torture Convention or a regional international human rights instrument. The most relevant articles of the UDHR to the right to a fair trial are articles 5, 9, 10 and 11.
[4] Training Manual on Human Rights Monitoring, Chapter XIII: “Trial Observation and Monitoring the Administration of Justice”, Professional Training No. 7, OHCHR, Geneva, 2001
[5] Rule-of-law tools for post-conflict states: Monitoring Legal Systems, OHCHR, Geneva, 2006; Rule-of-law tools for post-conflict states: Mapping the justice sector, OHCHR, Geneva, 2006.
[6] What Is a Fair Trial? A Basic Guide to Legal Standards and Practice, Lawyers Committee for Human Rights, March 2000, New York; Fair Trials Manual, Amnesty International, 1998, London; Trial Observation Manual, International Commission of Jurists, 2002, Geneva; Trial Monitoring Manual, OSCE Mission to Bosnia and Herzegovina, Sarajevo, 2004; Trial Observation Manual: Guidelines for ICJ Observers to Trials – The Middle East Programme, The Swedish Section of the ICJ, 2003, Stockholm; Manual on Human Rights Monitoring, Chapter 8: “Trial Observation”, Norwegian Institute of Human Rights, Oslo, 1996.
[7] UN field presences is given the broadest possible interpretation here and includes, for example, OHCHR field presences, UN missions established by Security Council resolution and UNDP. Trial observation programmes have been undertaken by field presences with the support of OHCHR, either directly or indirectly.
[8] For example, in 1999 United Nations High Commissioner Mary Robinson named Bill Butler as her special envoy to monitor the trial of the Kurdish leader Ocalan and an internal report was prepared. Similarly, United Nations High Commissioner Louise Arbour requested to monitor trials in Uzbekistan in connection with the prosecution of persons alleged to be involved in the events in Andijan, Uzbekistan. These trials attracted international attention in 2005, but ultimately did not do so because the Government of Uzbekistan placed restrictions on the scope
of activities of an OHCHR trial observer.
[9] This trial observation took place on appeal in 1998 after the defendant Mr. Cheikh Saad-Bouh Kamara had been arrested, tried and imprisoned for having founded and presided over an association for the victims of slavery that the Government of Mauritania had refused to legally register. Mr. Kamara was arrested while he was a member of the UN Trust Fund for Victims of Contemporary Forms of Slavery and shortly before its next session. On the basis of a proposal of the High Commissioner, the Secretary-General named an official of OHCHR, rather than OLA or DPA, as his trial observer. A confidential report of the Secretary-General was prepared by OHCHR’s trial observer in cooperation with OLA. Mr. Kamara was subsequently pardoned by the President of Mauritania.
[10] See e.g. Report of the Secretary-General, Role and achievements of the Office of the United Nations High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of Human Rights, 6 August 2002 (A/57/277), paras 10-11; Report of the Secretary-General on the situation in Abkhazia, Georgia, 14 July 2004 (S/2004/570), para. 25; “Feature: Trial monitoring builds transparency in Montenegro”, OSCE Mission to Serbia and Montenegro, 22 April 2003) (http://www.osce.org)(“the/ (“The trial monitoring project in Montenegro relies on the co-operation of the OSCE with five international organizations : Office of the United Nations High Commissioner for Human Rights”; similar OSCE projects exist in Croatia and Kosovo); “Christopher Harland: Monitoring Genocide Trials in Rwanda”, (http://www.dfait-maeci.gc.ca/) (last updated 03.03.05) (description of the trial monitoring programme of the United Nations Human Rights Field Operation in Rwanda and its work with OHCHR); Lettre date du 24 juin 2005, addressee au Président du Conseil de sécurité par le Secrétaire general, Annex II, Report of the Secretary-General of the Commission of Experts to Review the Prosecution of Serious Violations of Human Rights in Timor-Leste (then East Timor) in 1999, para. 29, 26 May 2005 (S/2005/458)(refers to trial observation activities undertaken by UN officials and NGOs); interviews with various UN colleagues.
[11] See e.g. “Kosovo: Review of the criminal justice system: 1999-2005: Reforms and residual concerns, March 2006”, OSCE/UNMIK (http://www.osce.org/). These reports by the Kosovo mission were among the most comprehensive review of actual field experiences relating to the subject of trial observation, and more broadly legal system monitoring.
[12] Regular reports on developments can be found on the website of the United Nations Mission of Liberia’s website that describes the human rights component of its rule of law programmes (www.unmil.org/content.asp?cat=humanrights)
[13] It is interesting to note that the thematic reports issued by the JSAP were rather broad based and covered subjects that covered human rights issues, as well as subjects less commonly considered human rights issues. These thematic reports included an assessment of courts for minor offences (thematic report 1); inspection of the municipal public prosecutor’s office in Livno, Canton (thematic report II); arrest warrants, amnesty and trials in absentia (thematic report III); interim report on delays and detention ; case study in economic reform – inspection of the registry for companies and public institutions in Bihac (thematic report IV); a report on the implementation of amnesty legislation; enforcement: execution of court judgements in civil cases (thematic report V); expert evidence: the use and misuse of court experts (thematic report VI); JSAP and the judicial review process in Bosnia and Herzegovina (thematic report VII): prosecuting corruption: a study of the weakness of the criminal justice system in Bosnia and Herzegovina (thematic report VIII); and political influence: the independence of the judiciary in Bosnia and Herzegovina (thematic report IX).
[14] See generally: website of the OSCE Mission in Bosnia and Herzegovina (www.oscebih.org).
[15] Discussion with Charles Briefel, Senior Rule of Law Officer, Rule of Law Unit, UNAMA. Mr. Briefel also supervised the trial observation programme of OSCE in Bosnia and Herzegovina from 2003-2005.
[16] Adopted by the Security Council at its 3920th meeting, 27 August 1998.
[17] Letter dated 25 April 2000 from the Secretary-General addressed to the President of the Security Council, adopted 26 April 2000 (S/2000/349)
[18] “UN monitor decries Lockerbie judgment”, BBC News, 14 March 2002 (http://news.bbc.co.uk).
[19] “Noted concerning the status of Prof. Hans Koechler as international observer at the Lockerbie trial in the Netherlands”, issued by the International Progress Organization, Vienna, 2 June 2002.
[20] “High Commissioner for Human Rights Urges Uzbekistan to Respect Fair Trial Standards”, Press Release, 23 December 2005.
[21] “Reporters Without Borders Calls for UN to monitor court proceedings”, Reporters Without Borders, 21 December 2005 (www.ethiomedia.com)
[22] These goals draw largely on goals stated in the publications in the bibliography, see in particular What Is a Fair Trial? A Basic Guide to Legal Standards and Practice, Lawyers Committee for Human Rights, March 2000, New York, pp. 1-2; International Commission of Jurists, Trial Observation Manual, Geneva, 2002, pp. 3-4; Training Manual on Human Rights Monitoring, Chapter XIII: “Trial Observation and Monitoring the Administration of Justice”, Professional Training No. 7, OHCHR, 2001, Geneva, pp. 285-286.
[23] This would normally exclude non-binding documents that may nevertheless assist the trial monitor in evaluating the conduct of trial proceedings and their conformity with applicable domestic laws, regional and international human rights instruments. For a partial listing, see e.g. Basic Principles for the Treatment of Prisoners, General Assembly resolution 45/111, 14 December 1990; Standard Minimum Rules for the Treatment of Prisoners, adopted 30 August 1955, by the First UN Congress on the Prevention of Crime and the Treatment of Offenders, UN Doc. A/CONF/611, Annex I, Economic and Social Council resolution 663 C (XXIV), 31 July 1957 and resolution 2076 (LXII), 13 May 1977; Body of Principles for the Protection of All Persons under Any form of Detention or Imprisonment, General Assembly resolution 43/173, 9 December 1988; Basic Principles on the Role of Lawyers, adopted by the Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August- 7 September 1990; Basic Principles on the Independence of the Judiciary, General Assembly resolution 40/32, 29 November 1985 and resolution 40/146, 13 December 1985; Guidelines for the Role of Prosecutors, adopted by the Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August- 7 September 1990; Code of Conduct for Law Enforcement Official, General Assembly resolution 34/169, 17 December 1979.
[24] See e.g. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers, OHCHR, Geneva, 2003; Manfred Nowak, U.N. Covenant on Civil and Political Rights, CCPR Commentary (2nd edition), N.P. Engel, Kehel, Germany, 2005; Sarah Joseph et al, The International Commentary on Civil and Political Rights: Cases, Materials and Commentary (2nd edition), Oxford University Press, 2005; Clare Ovey and Robin White, Jacobs and White: The European Convention on Human Rights (4th edition), Oxford University Press, 2006; Philip Leach, Taking a Case to the European Court of Human Rights (2nd edition), Oxford University Press, 2005; Jo Pasqualucci, The practice and procedure of the Inter-American Court of Human Rights, Cambridge University Press, 2003.
The High Commissioner has asked the Rule of Law and Democracy Unit to take the lead in preparing a policy paper on trial observation. It was understood that this policy paper would be developed in consultation with all colleagues in the Office. Please find attached a draft policy paper for your review. If you have any comments, observations or suggestions, please forward them to me no later than 16 June 2006. After your comments are received, an informal meeting will be organized in Geneva to discuss the draft policy paper with a view to revising it as appropriate.
Draft Policy Paper on Trial Observation
Prepared by Robert Husbands, Rule of Law and Democracy Unit, OHCHR (17 May 2006)
Introduction
This draft policy paper sets out information about experiences of the United Nations, and OHCHR in particular, with trial observation. It also makes reference to the work of the OSCE, which has considerable experience in this area. Preliminary conclusions and recommendations are also enclosed.
A significant number of OHCHR staff contacted in the preparation of this paper had little knowledge of the subject of trial observation. A lack of documentation concerning trial observation in general was identified as a problem within OHCHR institutionally in the process of researching this paper. Therefore, an annex to this paper is included, which provides basic information relating to the goals of trial observation, basic fair trial criteria, and processes that have been identified by OHCHR and prominent NGOs about how trial observation should be done.
I. The United Nations and trial observation
A. Human rights standards and relevant OHCHR publications
The right to a fair trial is designed to protect individuals from unlawful and arbitrary deprivation of their basic rights and freedoms, the most prominent of which are the right to life and liberty of the person. These rights are guaranteed, inter alia, by Article 14 of the International Covenant on Civil and Political Rights (ICCPR), and as such falls within the mandate of the High Commissioner to promote and protect human rights.
Trial monitoring is undertaken to evaluate the fairness of trials and their compliance with the standards set out in the laws of the State concerned, the ICCPR and other international[1] and regional human rights instruments[2], and customary international law[3]. OHCHR’s Training Manual on Human Rights Monitoring has a chapter entitled “Trial Observation and Monitoring the Administration of Justice”, that is devoted entirely to this subject.[4] More recently, two publications of OHCHR, Monitoring Legal Systems and Mapping the Justice Sector[5], address issues relating to trial monitoring in post-conflict states. OHC In addition to these OHCHR publications, a number of books and articles on trial monitoring have been published by other human rights organizations, most prominently by international and national NGOs.[6] These publications diverge in the level of detail, but rarely on issues of substances. They normally include the rationale for trial monitoring; the relevant standards to be observed, usually in a checklist form with a separate commentary on interpretation of individual criteria; and practical guidance on how monitoring should be done.
B. Trial observation by OHCHR, UN field presences and the OSCE[7]
The United Nations has periodically engaged in trial monitoring, and it has been considered by the United Nations, other international organizations, States and NGOs as a useful tool to encourage States to respect international and regional fair trial standards in high-profile trials, frequently of a political character, and more recently to assist in the evaluation of justice sector reform. Trial observation by the United Nations does not appear to be very well documented in official reports, even though such programmes are exist or have existed, in some cases on a fairly sizeable scale.
Official documentation as well as informal published documentation relating to the trial monitoring experiences of OHCHR and UN field presences is limited. A lack of documentation is sometimes attributable to the fact that frequently the reports of monitoring are not made public.
Occasionally, OHCHR has monitored or requested to monitor high profile cases as well, although this appears to be a relatively rare occurrence.[8] On one occasion, an OHCHR official was designed by the Secretary-General to undertake a mission of trial observation concerning the appeal of a member of the United Nation Trust Fund for Victims of Contemporary Forms of Slavery who had already been arrested, tried and imprisoned. The trial observation mission was predicated on the position of the United Nations that the expert’s arrest, trial and imprisonment was inconsistent with the immunity he should be accorded to freely carry out his functions as a member of this UN body.[9] Trial observation frequently appears to not only have the purpose of monitoring sensitive trials at the national level to detect interference with the independence of the judiciary and compliance with international standards, but also a broader goal of assessing the implementation of judicial reforms with a view to detecting areas where further attention may be warranted in providing technical assistance during an ongoing judicial reform process.
Trial monitoring by the UN has occurred with some regularity in, for example, Bosnia and Herzegovina, Cambodia, Columbia, Democratic Republic of the Congo, Georgia, Haiti, Kosovo, Liberia, Rwanda, Serbia and Montenegro, and Timor Leste. [10] Details in official reports are somewhat summary, when mentioned at all. For example, in a report of the Secretary-General on the role and achievements of OHCHR in assisting the Government and people of Cambodia in the promotion and protection of human rights, there is only a brief mention of trial monitoring, which states: “The Office observed trials on a selective basis. In certain cases, the Office facilitated medical, legal and other forms of assistance to victims.” Related information was reported, but again only in summary form:
“The Office continued to monitor conditions of detention and imprisonment and the enforcement of court orders. Shortage of food and inadequate medical assistance to inmates were of continuing concern. Many reports were received of cases where suspects were not legally represented in court because of the shortage of lawyers in Cambodia, or were tried in absentia due to the lack of transportation to take them from the detention centres to the court.”
Similarly, in a report to the Security Council on the situation in Georgia, it was
reported briefly that “The United Nations Human Rights Office in Sukhumi …continued to monitor court trials and places of pre-trial detention.”
In Kosovo, there is an active legal system monitoring programme that is carried out within the framework of the United Nations Mission in Kosovo (UNMIK), which includes trial observation. The programme is administered by the OSCE, which has extensive trial observation programmes in a number of the countries in the Balkans. It has been reported that there are five international staff and five national staff, who, inter alia, undertake trial observation on a regular basis, and publish a report every six months on key subjects of concern and trends in the evolution of the criminal justice system, with some reports focusing on thematic areas.[11] This periodic reporting was designed to alert UNMIK and donors about the situation within a realistic time frame and enable them to make timely decisions on changes in the programme.
It has been reported that the legal monitoring programme undertaken in Kosovo has served as a model for programmes run by the Department of Peace Keeping Operations (DPKO) in Liberia and Haiti. Liberia has an extensive programme with approximately 50 rule of law personnel, a number of whom engage in trial observation.[12]
In Bosnia and Herzegovina, the UN field mission engaged in a comprehensive approach to trial observation with a view to assessing the status of the judiciary and the need for judicial reform. The Judicial System Assessment Programme (JSAP) was set up by the United Nations Mission in Bosnia and Herzegovina in late 1998, under a Security Council resolution, to “monitor and assess” the court system as part of the overall programme of judicial reform coordinated by the Office of the High Representative. JSAP considered all aspects of the judicial system, including civil and administrative cases and the institutional framework and political environment in which the judiciary operates, from a rule of law perspective that was not limited to human rights issues.[13] The JSAP programme ended in November 2002, and subsequently the OSCE took the lead role in legal system monitoring. A trial observation team that consists of approximately 35 local staff and international staff regularly engages in trial observation in every district of the country, and concentrates on monitoring the domestic prosecution of war crimes before the cantonal courts and on the implementation of the criminal procedure code.[14] The coordinator of OSCE field mission in Bosnia and Herzegovina indicated at a meeting with member States of the OSCE in May 2006 that the trial observation programme was the key element of the field mission’s programme to assist in the implementation of judicial reform in the country.
Interestingly, the OSCE approach is not the same in all of the countries of the Balkans where it has field missions that engage in trial observation. Although in Serbia and Montenegro, the OSCE does engage in limited trial observation of cases involving war crimes and organized crime, the vast majority of its resources are focused on providing technical assistance. Discussions with a representative of the OSCE Mission to the country indicated that they had made this choice because, in their view, civil society organizations were sufficiently developed in the country that could monitor the fairness of the judicial process, and that the OSCE field mission had concluded that it should only become involved in relatively high profile cases.
The OSCE has also undertaken trial observation of trials countries outside the Balkans, most notably in Uzbekistan and Azerbaijan.
The issue of the use of local staff in trial observation is a complex one. Local staff may have a great contribution to make because of their knowledge of local language, culture and legal traditions. However, in some situations, there may not be competent local staff in terms of knowledge of international standards, and if they exist, engaging them may drain away, through payment of higher salaries, scarce local legal personnel who would otherwise work as judges, prosecutors or defence counsel. Similarly, local staff in situations that are charged with ethnic tensions may carry with them their own bias, and may also be in danger of reprisals for accurately reporting irregular judicial proceeding or evident cases of judicial corruption. While it has been reported that in Bosnia and Herzegovina use of local staff worked relatively well, anecdotal evidence indicates that in Kosovo their role was sometimes found to be problematic because of bias. Although the UN has no trial observation programme at the present time in Afghanistan, there had been some sporadic attempts to engage in trial observation by local staff that were subsequently discontinued because of a fear of reprisals.[15] Hence, local conditions need to be closely evaluated when designing programmes in the field.
According to anecdotal reports, DPKO, which has significant trial observation programmes in a number of its field missions, is reticent to see OHCHR engaging in trial observation and more broadly activities relating to the reform of the criminal justice sector. It has been reported that some in DPKO are of the view that they have the resources, expertise and competent staff to undertake this type of activity, and that OHCHR, broadly speaking, does not. This has apparently created tensions and problems of coordination where both OHCHR and DPKO have field presences.
C. Trial observation in the context of a the Security Council resolution unrelated to the establishment of a UN field presence
In the trial of those accused of the Lockerbie bombings, the Security Council included a reference to trial monitoring in its resolution 1192 (1998).[16] The resolution in paragraph 6, “Invites the Secretary-General to nominate international observers to attend the trial”. In a letter dated 25 April 2000 addressed to the Security Council, the Secretary-General indicated “the names of the international observers nominated by me pursuant to paragraph 6 of Security Council resolution 1192 (1998) to attend the trail of the two persons charged with the bombing of Pan Am flight 103 before the Scottish Court sitting in the Netherlands. The persons named were Mrs. Hairat Balogun (Organization of African Unity and the Non-Aligned Movement); Mr. M.H. Beerenboom (European Commission); Dr. Nabil Elaraby (League of Arab States) and Dr. Hans Koechler and Mr. Robert Thabit (International Progress Organization).[17]
Subsequently it became an issue whether the trial observers were “UN monitors” or monitors speaking for themselves or their own organizations because of a report and statements made on the Lockerbie trial made by Dr. Hans Koechler of the International Progress Organization. Dr. Koechler had characterized the dismissal of the Lockerbie bomber’s appeal as “a spectacular miscarriage of justice”.[18] This led to an unusual exchange of correspondence. Mr. Hans Corell, Legal Counsel of the United Nations at the time, wrote to the parents of a victim and stated that:
“It should be clarified that international observers nominated by the Secretary-General pursuant to Security Council resolution 1192 (1998) did not represent the United Nations at the Lockerbie trial and were not required to produce and submit to the United Nations their observations. These observers represented their own organizations which were responsible for their expenses.
It follows from the foregoing that the United Nations cannot be associated with the observations made by these observers, as wrongly implied by some reports, and the United Nations Secretariat is not in a position to comment on these observations. It is worthy of note in this regard that when Dr. Koechler’s remarks on the trial were received by the Untited Nations they were forwarded to the Registrar of the Scottish Court in the Netherlands under a cover letter indicating that these remarks constitute his personal views on the trial.”
The International Progress Organization issued a note agreeing in part and disagreeing in part with the statement of the Legal Counsel of the United Nations. While the International Progress Organization agreed that the report of Dr. Koechler was not a report of the United Nations, it disputed that he was not a UN trial observer. It noted that Dr. Koechler, “like the other UN-nominated observers, was not merely offered an ‘opportunity to observe the appeal hearings’ … but was (a) ‘nominated’ by the UN Secretary-General after the International Progress organization had been ‘invited’ by the UN Under-Secretary-General for Legal Affairs to inform him of the names of representatives ‘who could be nominated to attend the trial as international observers,’ and (b) was considered by the Scottish Court in the Netherlands, on the basis of the official communications received from the United Nations, as ‘UN Observer’”. It also noted that the Scottish Court in the Netherlands issued a pass to Dr. Koechler, which read as follows “Hans Koechler – International Progress Organization – UN Observer”[19]
Trial monitoring in the Lockerbie trial observation has some relevance to OHCHR’s choices about how it conducts this activity. While the circumstances concerning trial monitoring in the Lockerbie were no doubt unusual, this event does highlight the potential problems that may result if trial observers are nominated by the United Nations, but not working directly under its authority. It can, for example, lead to confusion as to whether they are agents of the United Nations and whether they are speaking on behalf of the United Nations. Presumably this confusion could also be present if the United Nations undertook to trial monitoring jointly with another organization or organizations and the agreement on the modalities of collaboration were not sufficiently clear.
The case above is mentioned because it relates to an issue that actually came up recently in the framework of OHCHR’s activities. The Office requested the Government Uzbekistan to monitor a trial in connection with events in Andijan, Uzbekistan in 2005. The Government indicated that it was willing to accede to the request, subject to certain conditions, one of which was that the trial monitor should be an employee of the United Nations. This request was interesting as it could be interpreted that Uzbekistan did not want the Office to nominate a person from an organization that was legally distinct from the United Nations, and which could cause confusion about the person’s status. Although ultimately OHCHR did not monitor the trial in Uzbekistan because of a number of other limitations imposed by the Government, including the refusal to authorize her representative to have access to the case file and places of detention, the High Commissioner did issue a statement critical of a series of trials that took place in connection with the events in Andijan whereby she urged respect for fair trial standards. [20]
Interestingly, the Security Council seems as least as likely as OHCHR to be solicited as the appropriate UN organ to undertake trial observation of high profile or political trials. For example, Reporters Without Borders called upon the Security Council in December 2005 to send a legal observation mission to Ethiopia to monitor the judicial proceedings in which 131 detained government opponents and critics, including 13 journalist, are to be tried in Addis Ababa for allegedly fomenting insurrection.[21]
Preliminary Conclusions and Recommendations
1. OHCHR’s has expertise in trial observation both at headquarters and in the field, but this expertise is diffuse, not well documented and not well organized. There should be an effort to establish a roster of individuals within the organization who have experience with trial observation so that they can exchange experiences, their efforts can be better documented, and a ready pool of experienced persons could be drawn upon in the event OHCHR was asked to engage in trial observation in one or more high profile cases. A meeting on this subject could be organized.
2. Both OSCE and DPKO appear to have more experience in trial observation globally than OHCHR, although there may be individual country situations where this is not true. Efforts should be made to have more interaction with OSCE and DPKO not only at the level of the field, but also at a headquarters level to improve the knowledge base of OHCHR in this area. It would be useful to organize meetings for this purpose.
3. Tension between OHCHR and DPKO exists on the subject of trial observation, with DPKO informally taking the view that OHCHR does not have adequate capacity in terms of trained legal professionals to undertake this type of work. These tensions should be addressed and resolved through a better coordination of efforts. It should be acknowledged that DPKO has far more resources than OHCHR to undertake this type of work in peace operation missions. OHCHR should also take under review informal criticism that its staff may not have the same level of legal expertise as DPKO, and take steps to address this situation if this criticism is shown to be justified. Programmes by DPKO on justice sector reform do appear to be far more comprehensive in approach and to address issues that are not commonly thought of as human rights issues. CBB should take the lead in discussions with DPKO, with the Rule of Law and Democracy Unit playing a supporting role. Ultimately, OHCHR may need to consider how it approaches this issue at an organizational level and in terms of minimum qualifications of staff that undertake this type of work.
4 Trial observation undertaken by OHCHR should be undertaken by OHCHR staff or consultants working under the authority of OHCHR. In principle, NGOs should not be authorized to undertake trial observation on behalf of OHCHR, although this does not mean that OHCHR should not take into account trial observation experiences by NGOs when assessing the fairness of a particular trial or more broadly the state of implementation of judicial reform in a given country.
ANNEX: BASIC INFORMATION ABOUT TRIAL OBSERVATION
A. The choice of trials and strategic objectives
Trial monitoring normally concerns criminal trials, and frequently criminal trials that involve “political offences” or that have a “political character”. Nevertheless, there has been trial monitoring of civil cases, for example, in the context of a defamation proceeding against a prominent judge or political opponent. Trial monitoring also has taken place where the proceeding appears designed to discredit certain judges or lawyers with a view to undermine the independence of the judiciary or to intimidate defence counsel. The key goals of trial monitoring[22] can be summarized as follows:
· to make known to the court, the authorities of the country and to the general public the interest in and concern for the trial in question;
· to encourage the court to give the accused a fair trial. NGOs with experience in this field have concluded that a trial monitor’s presence often changes the atmosphere in the courtroom and facilitates the defence attorney’s role by making the court more cognizant of the defence’s arguments, encouraging defence counsel and the defendant to be more forceful in contesting the prosecution’s claims, in attracting media and international attention to the trial;
· to obtain more information about the conduct of the trial, the nature of the case against the accused, and the legislation and circumstances under which the person is being tried;
· to promptly prepare a report at the conclusion of the proceedings for the organization for which the trial observer works, with conclusions on the fairness of the trial observed, with a view that the publicity that this report receives may serve to enhance a defendant’s chances of having his or her case fairly reviewed on appeal;
· to inform the government and the general public of possible irregularities in the conduct of the trial, including conformity with domestic criminal procedure and law, international standards and customary international law, with a view to prompting the government to take action to bring criminal trials into conformity with international human rights standards regarding fair trial.
B. Basic fair trial criteria
In order to avoid possible challenges to the legal nature of the standards employed by a trial monitor, the standards against which a trial is to be assessed in terms of fairness should be those norms whose legal origin is considered beyond question.[23] These include:
· the laws of the country that are applicable to the trial;
· the human rights treaties – regional and international - to which the State is a party, and
· norms of customary international law
In interpreting the provisions of international and regional human rights treaties, there exist a number of resources that may be useful to a trial monitor when additional guidance is needed to understand the application of the text of an international or regional instrument.[24]
Below is a list of summary of the most basic fair trial criteria. More comprehensive information on fair trial criteria, and also extensive commentary on how the below provisions have been previously interpreted, is available in a number of publications specifically devoted to trial monitoring in particular, as well as to the subject of fair trial more generally.
1) Pre-trial rights
· The prohibition of arbitrary arrest and detention
· The right to know the reasons for arrest
· The right to legal counsel
· The right to a prompt appearance before a judge to challenge the lawfulness of arrest and detention
· The prohibition of torture and the right to humane conditions during pre-trial detention
· The prohibition of incommunicado detention
2) The trial
· Equal access to, and equality before, the courts
· The right to a fair hearing
· The right to a public hearing
· The right to a competent, independent and impartial tribunal established by law
· The right to the presumption of innocence
· The right to prompt notice of the nature and cause of criminal charges
· The right to adequate time and facilities for the preparation of a defence
· The right to a trial without undue delay
· The right to defend oneself in person or through legal counsel
· The right to examine witnesses
· The right to an interpreter
· The right not to incriminate oneself
· The prohibition of retroactive application of criminal laws
· The prohibition of double jeopardy
3) Post-trial rights
· The right to appeal
· The right to compensation for a miscarriage of justice
C. The mechanics of trial observation
There are multiple issues involved in trial observation. These include the following:
· Selection of the trial observer
· Briefing of the trial observer and formalizing the terms of reference for the mission
· Informing the Government and request for conditions that would allow the trial monitor to freely perform his or her functions
· Linguistic knowledge/need for interpreters and translators
· Contacts and interviews during the mission
· Travel and housing arrangements/required visas
· Public statements before, during and after the mission
· Seating in the courtroom: notes
· The report of the trial monitor
Going through these issues one by one briefly, the issue of the selection of the trial observer is crucial. The success of the mission will depend on the trial monitor’s independence, impartiality and qualifications. Other relevant factors would include knowledge of applicable domestic law and international human rights standards, familiarity with the case and language skills. In certain cases, a trial monitor’s nationality, ethnicity or gender could be considered a factor in having the person perceived as impartial. Several international human rights NGOs, including Amnesty International, have rules against using local lawyers as trial observers because this may give rise to claims of bias. Although there is no generalized practice on whether it is better to send a staff member of the organization doing the monitoring or a well known lawyer as a consultant, it some contexts the fact that a consultant may have an international reputation may give rise to a perception of bias because the person’s reputation is based on previous activities that are well known.
Evidently, the trial monitor should be briefed on domestic law and the situation concerning the trial before departure and should have clear terms of reference for the mission. Similarly, the Government concerned should be informed of the mission, the terms of reference and the Government’s cooperation with the trial observer should be requested, including issuance of an appropriate visa.
Ideally, the trial monitor will speak and read fluently the language that will be used in the trial that he or she is sent to observe. However, in many cases this is not possible and the trial monitor will need the assistance of an interpreter to provide a soft voice translation of the proceedings as well as in meeting with the judges of the case, the prosecutor, defence counsel and the defendants. The service of the same person should also be used to have translations of relevant laws and documents in the court file or presented and used prior to, during and after the trial. It may be that it is preferable to use an interpreter who is from outside the country to avoid the potential for harassment or reprisals by the government.
Regarding travel and housing, if assistance is given in-country, it should be from a person or entity not involved in the proceedings. The trial monitor should also not stay in a hotel that is being used or where persons associated with the trial are staying to preserve his or her impartiality.
In terms of public statements, while practice is not uniform, most of the sources consulted indicated that the trial monitor should be free to inform the press about his or her presence, the purpose of the mission and that a report will be drawn up following the end of the trial observation for OHCHR. Normally, the statement would indicate that no further statements would be made until the conclusion of the trial and the submission of the report to the organization for which he or she works. At that conclusion of the trial, the trial monitor would promptly draft a report and submit it to OHCHR, which then decide whether to issue a statement of the trial observation. Only exceptional circumstances, such as the breakdown of the judicial process would merit a comment on the merits during the trial itself, and this only in after consultation with headquarters.
The trial monitor should, if possible, meet with the presiding judge, the prosecutor and the defence counsel before the proceedings begin. If it was helpful to clarify the trial monitor’s presence, a neutral party such as the presiding judge should indicate that the trial monitor is there so the participants and the public so that note can be taken of the trial monitor’s presence. The trial monitor should also, if possible, interview the defendant, in full confidentiality, in order to observe his or her physical and mental conditions and the circumstances of his or her detention, including the circumstances of any interrogations that have taken place. If there are more than one defendant, they should be interviewed individually and not as a group. The trial monitor should also review all documents in the court file, including those that are presented at trial. The trial monitor should try to meet with other persons, including government officials, who may have knowledge of the background of the case. Articles by journalists prior to the trial and during the trial should also be collected as background information.
When observing the trial, it is best not to sit in the section with the public but to have a neutral position in the courtroom apart from the public as well as the prosecutor and defence counsel. The trial monitor should take extensive notes to have his or her record of the proceedings. Some sources have indicated that the trial monitor should take notes in a type of short hand that only he or she can understand, in the event that the Government attempts to review the notes. Normally the report should be prepared promptly, within a week or so after the trial, but after the trial monitor has left the country. All sources consulted that promptness in drafting up the report is vital, in order to maximize the effect of an public statement made by the sending organization.
One issue that is not uniformly answered is whether the Government should be allowed to see a copy of the report and have the opportunity to comment and respond before it is made public, or in the alternative, before OHCHR makes a statement. If the report is sent to the Government, a precise time limit should be indicated beyond which OHCHR should feel free to issue a statement and/or the report. Although some may question issuing a statement and/or report at the conclusion of the proceedings, the statement and/or report may help to ensure that the defendant’s appeal receives the attention it deserves on appeal, including any irregularities noted by the trial monitor, and that the Government takes steps to bring its trial proceedings into accordance with regional and international standards.
As to the structure of the report, the following non-exhaustive list includes key information that should be included in a report on trial monitoring:
· The terms of reference for the trial observation
· The background of the case
· The facts of the case as revealed at trial and by independent fact-finding, with particular emphasis on the prosecution and defense evidence
· The charges, the applicable laws, pre-trial procedures, the trial process, the judgement of the court and any subsequent proceedings
· The mental and physical condition of the defendant and the conditions of confinement
· An evaluation of the fairness of the proceedings, applicable laws and conformity of the trial with national, regional and international law
· A conclusion
Additionally, the following material should, if possible, be gathered as supplementary information or reference material:
· Copies of relevant rules of procedure, laws and court decisions
· Copies of charges, transcripts and the court’s judgement
· A description of the trial monitor’s methodology, as well as a list of material studies and persons interviewed
· Sensitive information which should be omitted from the published report
· Copies of newspaper articles referring to the trial and/or the trial monitor’s presence, with the names of the media sources and the dates of publication
· Additional information not strictly within the trial monitor’s missions such as information about other prisoners, other trials and recent laws that are relevant
· Practical suggestions and observation that may be useful for future trial monitoring missions.
[1] In addition to the International Covenant on Civil and Political Rights, the other international human rights instrument most relevant in this context would be the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Nevertheless, other international human rights instruments could be relevant such, inter alia, the Convention of the Rights of the Child which has provisions on fair trial.
[2] Regional international instruments that may be relevant would include the European Convention for the Protection of Human Rights and Fundamental Freedoms; the American Convention on Human Rights; and the African Charter on Human and People’s Rights.
[3] The provisions of the Universal Declaration of Human Rights are normally considered as part of customary international law and may be of paramount importance if a state has not ratified the ICCPR, the Torture Convention or a regional international human rights instrument. The most relevant articles of the UDHR to the right to a fair trial are articles 5, 9, 10 and 11.
[4] Training Manual on Human Rights Monitoring, Chapter XIII: “Trial Observation and Monitoring the Administration of Justice”, Professional Training No. 7, OHCHR, Geneva, 2001
[5] Rule-of-law tools for post-conflict states: Monitoring Legal Systems, OHCHR, Geneva, 2006; Rule-of-law tools for post-conflict states: Mapping the justice sector, OHCHR, Geneva, 2006.
[6] What Is a Fair Trial? A Basic Guide to Legal Standards and Practice, Lawyers Committee for Human Rights, March 2000, New York; Fair Trials Manual, Amnesty International, 1998, London; Trial Observation Manual, International Commission of Jurists, 2002, Geneva; Trial Monitoring Manual, OSCE Mission to Bosnia and Herzegovina, Sarajevo, 2004; Trial Observation Manual: Guidelines for ICJ Observers to Trials – The Middle East Programme, The Swedish Section of the ICJ, 2003, Stockholm; Manual on Human Rights Monitoring, Chapter 8: “Trial Observation”, Norwegian Institute of Human Rights, Oslo, 1996.
[7] UN field presences is given the broadest possible interpretation here and includes, for example, OHCHR field presences, UN missions established by Security Council resolution and UNDP. Trial observation programmes have been undertaken by field presences with the support of OHCHR, either directly or indirectly.
[8] For example, in 1999 United Nations High Commissioner Mary Robinson named Bill Butler as her special envoy to monitor the trial of the Kurdish leader Ocalan and an internal report was prepared. Similarly, United Nations High Commissioner Louise Arbour requested to monitor trials in Uzbekistan in connection with the prosecution of persons alleged to be involved in the events in Andijan, Uzbekistan. These trials attracted international attention in 2005, but ultimately did not do so because the Government of Uzbekistan placed restrictions on the scope
of activities of an OHCHR trial observer.
[9] This trial observation took place on appeal in 1998 after the defendant Mr. Cheikh Saad-Bouh Kamara had been arrested, tried and imprisoned for having founded and presided over an association for the victims of slavery that the Government of Mauritania had refused to legally register. Mr. Kamara was arrested while he was a member of the UN Trust Fund for Victims of Contemporary Forms of Slavery and shortly before its next session. On the basis of a proposal of the High Commissioner, the Secretary-General named an official of OHCHR, rather than OLA or DPA, as his trial observer. A confidential report of the Secretary-General was prepared by OHCHR’s trial observer in cooperation with OLA. Mr. Kamara was subsequently pardoned by the President of Mauritania.
[10] See e.g. Report of the Secretary-General, Role and achievements of the Office of the United Nations High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of Human Rights, 6 August 2002 (A/57/277), paras 10-11; Report of the Secretary-General on the situation in Abkhazia, Georgia, 14 July 2004 (S/2004/570), para. 25; “Feature: Trial monitoring builds transparency in Montenegro”, OSCE Mission to Serbia and Montenegro, 22 April 2003) (http://www.osce.org)(“the/ (“The trial monitoring project in Montenegro relies on the co-operation of the OSCE with five international organizations : Office of the United Nations High Commissioner for Human Rights”; similar OSCE projects exist in Croatia and Kosovo); “Christopher Harland: Monitoring Genocide Trials in Rwanda”, (http://www.dfait-maeci.gc.ca/) (last updated 03.03.05) (description of the trial monitoring programme of the United Nations Human Rights Field Operation in Rwanda and its work with OHCHR); Lettre date du 24 juin 2005, addressee au Président du Conseil de sécurité par le Secrétaire general, Annex II, Report of the Secretary-General of the Commission of Experts to Review the Prosecution of Serious Violations of Human Rights in Timor-Leste (then East Timor) in 1999, para. 29, 26 May 2005 (S/2005/458)(refers to trial observation activities undertaken by UN officials and NGOs); interviews with various UN colleagues.
[11] See e.g. “Kosovo: Review of the criminal justice system: 1999-2005: Reforms and residual concerns, March 2006”, OSCE/UNMIK (http://www.osce.org/). These reports by the Kosovo mission were among the most comprehensive review of actual field experiences relating to the subject of trial observation, and more broadly legal system monitoring.
[12] Regular reports on developments can be found on the website of the United Nations Mission of Liberia’s website that describes the human rights component of its rule of law programmes (www.unmil.org/content.asp?cat=humanrights)
[13] It is interesting to note that the thematic reports issued by the JSAP were rather broad based and covered subjects that covered human rights issues, as well as subjects less commonly considered human rights issues. These thematic reports included an assessment of courts for minor offences (thematic report 1); inspection of the municipal public prosecutor’s office in Livno, Canton (thematic report II); arrest warrants, amnesty and trials in absentia (thematic report III); interim report on delays and detention ; case study in economic reform – inspection of the registry for companies and public institutions in Bihac (thematic report IV); a report on the implementation of amnesty legislation; enforcement: execution of court judgements in civil cases (thematic report V); expert evidence: the use and misuse of court experts (thematic report VI); JSAP and the judicial review process in Bosnia and Herzegovina (thematic report VII): prosecuting corruption: a study of the weakness of the criminal justice system in Bosnia and Herzegovina (thematic report VIII); and political influence: the independence of the judiciary in Bosnia and Herzegovina (thematic report IX).
[14] See generally: website of the OSCE Mission in Bosnia and Herzegovina (www.oscebih.org).
[15] Discussion with Charles Briefel, Senior Rule of Law Officer, Rule of Law Unit, UNAMA. Mr. Briefel also supervised the trial observation programme of OSCE in Bosnia and Herzegovina from 2003-2005.
[16] Adopted by the Security Council at its 3920th meeting, 27 August 1998.
[17] Letter dated 25 April 2000 from the Secretary-General addressed to the President of the Security Council, adopted 26 April 2000 (S/2000/349)
[18] “UN monitor decries Lockerbie judgment”, BBC News, 14 March 2002 (http://news.bbc.co.uk).
[19] “Noted concerning the status of Prof. Hans Koechler as international observer at the Lockerbie trial in the Netherlands”, issued by the International Progress Organization, Vienna, 2 June 2002.
[20] “High Commissioner for Human Rights Urges Uzbekistan to Respect Fair Trial Standards”, Press Release, 23 December 2005.
[21] “Reporters Without Borders Calls for UN to monitor court proceedings”, Reporters Without Borders, 21 December 2005 (www.ethiomedia.com)
[22] These goals draw largely on goals stated in the publications in the bibliography, see in particular What Is a Fair Trial? A Basic Guide to Legal Standards and Practice, Lawyers Committee for Human Rights, March 2000, New York, pp. 1-2; International Commission of Jurists, Trial Observation Manual, Geneva, 2002, pp. 3-4; Training Manual on Human Rights Monitoring, Chapter XIII: “Trial Observation and Monitoring the Administration of Justice”, Professional Training No. 7, OHCHR, 2001, Geneva, pp. 285-286.
[23] This would normally exclude non-binding documents that may nevertheless assist the trial monitor in evaluating the conduct of trial proceedings and their conformity with applicable domestic laws, regional and international human rights instruments. For a partial listing, see e.g. Basic Principles for the Treatment of Prisoners, General Assembly resolution 45/111, 14 December 1990; Standard Minimum Rules for the Treatment of Prisoners, adopted 30 August 1955, by the First UN Congress on the Prevention of Crime and the Treatment of Offenders, UN Doc. A/CONF/611, Annex I, Economic and Social Council resolution 663 C (XXIV), 31 July 1957 and resolution 2076 (LXII), 13 May 1977; Body of Principles for the Protection of All Persons under Any form of Detention or Imprisonment, General Assembly resolution 43/173, 9 December 1988; Basic Principles on the Role of Lawyers, adopted by the Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August- 7 September 1990; Basic Principles on the Independence of the Judiciary, General Assembly resolution 40/32, 29 November 1985 and resolution 40/146, 13 December 1985; Guidelines for the Role of Prosecutors, adopted by the Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August- 7 September 1990; Code of Conduct for Law Enforcement Official, General Assembly resolution 34/169, 17 December 1979.
[24] See e.g. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers, OHCHR, Geneva, 2003; Manfred Nowak, U.N. Covenant on Civil and Political Rights, CCPR Commentary (2nd edition), N.P. Engel, Kehel, Germany, 2005; Sarah Joseph et al, The International Commentary on Civil and Political Rights: Cases, Materials and Commentary (2nd edition), Oxford University Press, 2005; Clare Ovey and Robin White, Jacobs and White: The European Convention on Human Rights (4th edition), Oxford University Press, 2006; Philip Leach, Taking a Case to the European Court of Human Rights (2nd edition), Oxford University Press, 2005; Jo Pasqualucci, The practice and procedure of the Inter-American Court of Human Rights, Cambridge University Press, 2003.
Who guards the Peacekeepers?
Who guards the guards?: the international criminal court and serious crimes commited by peacekeepers in Africa
Authors: ISS; du Plessis, M.; Pet‚, S.
Produced by: Institute of Social Studies (ISS), Netherlands (2006)
This document traces the rise of the International Criminal Court (ICC) and discuss the different crimes in its jurisdiction. The authors seek to establish the extent to which the ICC may be expected to play a practical role in the prosecution of peacekeepers in Africa for serious crimes committed while involved in peacekeeping operations.
The authors conclude that the role of the ICC will be limited due to the following reasons: the types of crimes over which the ICC exercises jurisdiction are strictly defined the jurisdiction of the court is limited by the principle of "complementarity" Each of these factors is discussed in detail and followed by an examination of the particular problems related to peacekeepers from the United States of America.
The authors conclude with a discussion of further responses to crimes by peacekeepers, which do not involve prosecution in terms of national or international law. The overall conclusion is that the role of the ICC in relation to crimes committed by peacekeepers in Africa will be limited. Although there may be exceptions, serious crimes committed by United Nations (UN) peacekeepers in Africa are isolated, and the perpetrators do not possess the necessary intent to enable such crimes to be classified as genocide or as crimes against humanity. It is more likely that serious crimes committed by peacekeepers may amount to war crimes, although it is clear that the ICC is more concerned with war crimes committed on a wide scale, rather than with isolated incidents. [adapted from authors]
Available online at: http://www.eldis.org/cf/rdr/rdr.cfm?doc=DOC21761
Authors: ISS; du Plessis, M.; Pet‚, S.
Produced by: Institute of Social Studies (ISS), Netherlands (2006)
This document traces the rise of the International Criminal Court (ICC) and discuss the different crimes in its jurisdiction. The authors seek to establish the extent to which the ICC may be expected to play a practical role in the prosecution of peacekeepers in Africa for serious crimes committed while involved in peacekeeping operations.
The authors conclude that the role of the ICC will be limited due to the following reasons: the types of crimes over which the ICC exercises jurisdiction are strictly defined the jurisdiction of the court is limited by the principle of "complementarity" Each of these factors is discussed in detail and followed by an examination of the particular problems related to peacekeepers from the United States of America.
The authors conclude with a discussion of further responses to crimes by peacekeepers, which do not involve prosecution in terms of national or international law. The overall conclusion is that the role of the ICC in relation to crimes committed by peacekeepers in Africa will be limited. Although there may be exceptions, serious crimes committed by United Nations (UN) peacekeepers in Africa are isolated, and the perpetrators do not possess the necessary intent to enable such crimes to be classified as genocide or as crimes against humanity. It is more likely that serious crimes committed by peacekeepers may amount to war crimes, although it is clear that the ICC is more concerned with war crimes committed on a wide scale, rather than with isolated incidents. [adapted from authors]
Available online at: http://www.eldis.org/cf/rdr/rdr.cfm?doc=DOC21761
Handbook on Housing and Property Restitution
April 12, 2006
To make a very long story short(er), as you may already be aware the Sub-Commission Rapporteur on housing and property restitution, Paulo Sérgio Pinheiro, has for several years been working on a study on housing and property restitution, with the NGO COHRE as main support. In August 2005, the Sub-Commission endorsed his proposed Principles on Housing and Property Restitution for Refugees and Displaced Persons.
IDD/OCHA has taken the initiative to a joint project to prepare a hand book for practitioners in the field on housing and property restitution for refugees and displaced persons based on the so called "Pinheiro Principles", for broad distribution at the field level (OHCHR, UNHCR, FAO, UNDP and a couple of others are also involved). An inter-agency working meeting on the draft was held on 10 April to review the first draft presented by the consultant hired to work on this.
It should be underlined that the first draft, raised fundamental concerns (!) from OHCHR's side, particularly with respect to inaccuracies with respect to the legal analysis (and the presentation of the principles as a United Nations principles although they have, as of yet, only been endorsed by the Sub-Commission). During the inter-agency working meeting it was decided that the draft should be considerably revised, that the legal analysis should be kept to a minimum (and be thoroughly reviewed by us) and that the emphasis should be on practical guidance illustrated by real-life examples of housing and property restitution work from various country situations.
In addition to the review of the contents itself, OHCHR has in explicitly been asked to provide examples of best practices on housing and property restitution for the next draft of the handbook. However, "lessons learned" examples are also welcome. So far appreciated input has been received from OHCHR/Nepal, but CBB's assistance in providing examples from other regions as well is very much needed.
We have been asked to provide our contribution by the end of April, and in order for us to be able to consolidate our input I would appreciate contributions by 25 April. I am at your disposal if any clarification is needed.
In addition to the first draft of the handbook (which is now largely redundant...!!!), I am also attaching the "Pinheiro Principles" and explanatory notes for reference, if needed.
Best regards and many thanks in advance, Cecilia
To make a very long story short(er), as you may already be aware the Sub-Commission Rapporteur on housing and property restitution, Paulo Sérgio Pinheiro, has for several years been working on a study on housing and property restitution, with the NGO COHRE as main support. In August 2005, the Sub-Commission endorsed his proposed Principles on Housing and Property Restitution for Refugees and Displaced Persons.
IDD/OCHA has taken the initiative to a joint project to prepare a hand book for practitioners in the field on housing and property restitution for refugees and displaced persons based on the so called "Pinheiro Principles", for broad distribution at the field level (OHCHR, UNHCR, FAO, UNDP and a couple of others are also involved). An inter-agency working meeting on the draft was held on 10 April to review the first draft presented by the consultant hired to work on this.
It should be underlined that the first draft, raised fundamental concerns (!) from OHCHR's side, particularly with respect to inaccuracies with respect to the legal analysis (and the presentation of the principles as a United Nations principles although they have, as of yet, only been endorsed by the Sub-Commission). During the inter-agency working meeting it was decided that the draft should be considerably revised, that the legal analysis should be kept to a minimum (and be thoroughly reviewed by us) and that the emphasis should be on practical guidance illustrated by real-life examples of housing and property restitution work from various country situations.
In addition to the review of the contents itself, OHCHR has in explicitly been asked to provide examples of best practices on housing and property restitution for the next draft of the handbook. However, "lessons learned" examples are also welcome. So far appreciated input has been received from OHCHR/Nepal, but CBB's assistance in providing examples from other regions as well is very much needed.
We have been asked to provide our contribution by the end of April, and in order for us to be able to consolidate our input I would appreciate contributions by 25 April. I am at your disposal if any clarification is needed.
In addition to the first draft of the handbook (which is now largely redundant...!!!), I am also attaching the "Pinheiro Principles" and explanatory notes for reference, if needed.
Best regards and many thanks in advance, Cecilia
Frequently Asked Questions on a Human Rights based Approach to Development Cooperation
March 2006
Following extensive internal consultations in OHCHR, as well as with development partners, OHCHR has finalised a publication entitled 'Frequently Asked Questions on a Human Rights Based Approach to Development Cooperation.' The publication is available in electronic form in English at the link:
http://www.ohchr.org/english/about/publications/docs/FAQ_en.pdf.
Hard copies are expected shortly, and translations into French, Spanish and Arabic should be at hand towards mid-2006.
The demand for this product emerged from a UN inter-agency meeting on human rights and development cooperation in Stamford, Connecticut, in 2003. The themes selected for discussion were drawn from OHCHR and inter-agency consultations. The publication is addressed principally to the needs of those working on human rights and development issues within the UN system, including in connection with Common Country Assessments (CCA), UN Development Assistance Frameworks (UNDAF) and poverty reduction strategies at the country level.
Part I is mainly conceptual in orientation, examining some commonly helped misconceptions about the nature of human rights obligations under international treaties. Part II discusses the relationship between human rights, development and poverty reduction at a conceptual level, and looks at how human rights principles can help resolve policy trade-offs and influence national budget processes. Sections III and IV focus more specifically on the meaning and practical application of what has come to be known as a 'human rights based approach' to development, tailored to UN programming tools and needs, respecting the conceptual integrity and functional importance of internationally recognised human rights. As indicated in the High Commissioner's foreword, a focus on internal institutional incentives and accountability systems must also be kept to the fore, if methodological advances in 'rights-based programming' are to have credibility and sustained impact.
The discussion for each selected question is necessarily brief and synthetic in nature, as are the practical illustrations given. Additional resources are listed following particular questions, along with a more extensive list of web-based references in Annex III, as a guide to further inquiries.
I hope that this publication is useful to those working with UN partners at country level. Any feedback would be welcome.
Following extensive internal consultations in OHCHR, as well as with development partners, OHCHR has finalised a publication entitled 'Frequently Asked Questions on a Human Rights Based Approach to Development Cooperation.' The publication is available in electronic form in English at the link:
http://www.ohchr.org/english/about/publications/docs/FAQ_en.pdf.
Hard copies are expected shortly, and translations into French, Spanish and Arabic should be at hand towards mid-2006.
The demand for this product emerged from a UN inter-agency meeting on human rights and development cooperation in Stamford, Connecticut, in 2003. The themes selected for discussion were drawn from OHCHR and inter-agency consultations. The publication is addressed principally to the needs of those working on human rights and development issues within the UN system, including in connection with Common Country Assessments (CCA), UN Development Assistance Frameworks (UNDAF) and poverty reduction strategies at the country level.
Part I is mainly conceptual in orientation, examining some commonly helped misconceptions about the nature of human rights obligations under international treaties. Part II discusses the relationship between human rights, development and poverty reduction at a conceptual level, and looks at how human rights principles can help resolve policy trade-offs and influence national budget processes. Sections III and IV focus more specifically on the meaning and practical application of what has come to be known as a 'human rights based approach' to development, tailored to UN programming tools and needs, respecting the conceptual integrity and functional importance of internationally recognised human rights. As indicated in the High Commissioner's foreword, a focus on internal institutional incentives and accountability systems must also be kept to the fore, if methodological advances in 'rights-based programming' are to have credibility and sustained impact.
The discussion for each selected question is necessarily brief and synthetic in nature, as are the practical illustrations given. Additional resources are listed following particular questions, along with a more extensive list of web-based references in Annex III, as a guide to further inquiries.
I hope that this publication is useful to those working with UN partners at country level. Any feedback would be welcome.
Some quiet Victory for Human Rights
Some quiet victories for human rights
Copyright © 2005 The International Herald Tribune
http://www.iht.com/articles/2005/12/22/opinion/edgoldston.php
James A. Goldston
International Herald Tribune
THURSDAY, DECEMBER 22, 2005
NEW YORK In a world beset by terrorist violence, natural disasters and war, small signs of progress are often overlooked. So it's no surprise that even as Western donors spend millions to foster the "rule of law" from Baghdad to Bolivia, recent advances across three continents have attracted little notice.
In each instance, ordinary people, with extraordinary courage, have gone to court to rectify a government injustice. And each time, the judiciary - in Africa, Europe, and Latin America - has responded just as the civics textbooks prescribe: with wisdom, reason and a touch of humanity. The results - landmark judgments vindicating fundamental human rights - demonstrate that independent courts rendering impartial justice are more than a pipe dream.
The first case comes from the Dominican Republic, where the government has for decades denied citizenship - and all the public benefits that flow from it - to tens of thousands of Dominican-born (and often darker-skinned) ethnic Haitians, despite the Constitution's promise of citizenship to all native-born residents. Several years ago, two girls of Haitian descent denied Dominican birth certificates and the right to attend public school brought a legal challenge.
On Oct. 7, the Inter-American Court of Human Rights, a regional tribunal with jurisdiction throughout the Americas, ruled for the first time that governments may not discriminate on the basis of race in granting citizenship. The court held that the government's discriminatory policies left the girls - and thousands of others like them - effectively stateless, in breach of international law. The court ordered the government to reform its birth registration system; to open school doors to all children, including those of Haitian descent; and to pay monetary damages.
Three weeks later, across the Atlantic, a district court in Bulgaria's capital, Sofia, made history.
Echoing the U.S. Supreme Court decision of Brown v. Board of Education, the Bulgarian court affirmed that racial segregation in education is unlawful. The case concerned School 103, located in the Roma ghetto of Filipovtsi. Like many other ghetto schools in Bulgaria, School 103 is attended only by Roma students and suffers from substandard material conditions and educational performance. The court found that racially discriminatory patterns of school assignment violated Bulgaria's newly enacted antidiscrimination legislation, which faithfully incorporates European Union requirements. As Bulgaria prepares for EU accession, the decision is significant not only for the children at School 103, but for the thousands of Roma across Europe shunted into second-class schools and denied equal educational opportunities.
Finally, just this week, a federal high court judge in Nigeria authorized a groundbreaking lawsuit that seeks to lift the asylum status of the former Liberian ruler and warlord Charles Taylor. In March 2003, Taylor was indicted by the UN-mandated Special Court for Sierra Leone for his contribution to crimes of murder, rape and mutilation during that country's decade-long civil war. Shortly thereafter, Taylor was granted asylum by Nigeria's president, Olusegun Obasanjo, and he has since resided in a private compound in the Nigerian city of Calabar.
In May 2004, two Nigerian nationals petitioned Nigeria's high court to overturn the grant of asylum. The men had had their arms chopped off in Freetown by soldiers of the Taylor-supported Revolutionary United Front. Rather than shelter Taylor, they argued, Nigeria must prosecute him or send him to the special court to face trial. In rejecting the government's objections, the high court held that the claimants had a right to sue for redress so long as Taylor enjoyed asylum. The government has said it will appeal. Whatever the outcome, the decision stands as a powerful example of an independent court standing up to strong political currents.
What do these cases teach?
First, in an era marred by the resort to force as an arbiter of disputes, the law as applied by capable judges still counts.
Second, don't underestimate the power of civil society. Each of these cases was made possible by the determined persistence of victims, private aid groups and lawyers working for little pay and at great risk.
Third, now comes the real test. These rulings have articulated - with the full legal authority that only courts possess - basic principles that governments may not breach. But the challenge is to enforce them. Will Bulgaria desegregate its school system? Will the Dominican Republic grant citizenship to its ethnic Haitian minority? Will Nigeria turn Charles Taylor over to the Special Court for Sierra Leone? Supporters of the rule of law will be watching.
James Goldston is executive director of the Open Society Justice Initiative, which pursues rights-based law reform and builds legal capacity worldwide.
___________________
The Open Society Justice Initiative, an operational program of the Open Society Institute (OSI), pursues law reform activities grounded in the protection of human rights, and contributes to the development of legal capacity for open societies worldwide. The Justice Initiative combines litigation, legal advocacy, technical assistance, and the dissemination of knowledge to secure advances in five priority areas: national criminal justice, international justice, freedom of information and expression, equality and citizenship, and anticorruption. Its offices are in Abuja, Budapest, and New York.
www.justiceinitiative.org
Copyright © 2005 The International Herald Tribune
http://www.iht.com/articles/2005/12/22/opinion/edgoldston.php
James A. Goldston
International Herald Tribune
THURSDAY, DECEMBER 22, 2005
NEW YORK In a world beset by terrorist violence, natural disasters and war, small signs of progress are often overlooked. So it's no surprise that even as Western donors spend millions to foster the "rule of law" from Baghdad to Bolivia, recent advances across three continents have attracted little notice.
In each instance, ordinary people, with extraordinary courage, have gone to court to rectify a government injustice. And each time, the judiciary - in Africa, Europe, and Latin America - has responded just as the civics textbooks prescribe: with wisdom, reason and a touch of humanity. The results - landmark judgments vindicating fundamental human rights - demonstrate that independent courts rendering impartial justice are more than a pipe dream.
The first case comes from the Dominican Republic, where the government has for decades denied citizenship - and all the public benefits that flow from it - to tens of thousands of Dominican-born (and often darker-skinned) ethnic Haitians, despite the Constitution's promise of citizenship to all native-born residents. Several years ago, two girls of Haitian descent denied Dominican birth certificates and the right to attend public school brought a legal challenge.
On Oct. 7, the Inter-American Court of Human Rights, a regional tribunal with jurisdiction throughout the Americas, ruled for the first time that governments may not discriminate on the basis of race in granting citizenship. The court held that the government's discriminatory policies left the girls - and thousands of others like them - effectively stateless, in breach of international law. The court ordered the government to reform its birth registration system; to open school doors to all children, including those of Haitian descent; and to pay monetary damages.
Three weeks later, across the Atlantic, a district court in Bulgaria's capital, Sofia, made history.
Echoing the U.S. Supreme Court decision of Brown v. Board of Education, the Bulgarian court affirmed that racial segregation in education is unlawful. The case concerned School 103, located in the Roma ghetto of Filipovtsi. Like many other ghetto schools in Bulgaria, School 103 is attended only by Roma students and suffers from substandard material conditions and educational performance. The court found that racially discriminatory patterns of school assignment violated Bulgaria's newly enacted antidiscrimination legislation, which faithfully incorporates European Union requirements. As Bulgaria prepares for EU accession, the decision is significant not only for the children at School 103, but for the thousands of Roma across Europe shunted into second-class schools and denied equal educational opportunities.
Finally, just this week, a federal high court judge in Nigeria authorized a groundbreaking lawsuit that seeks to lift the asylum status of the former Liberian ruler and warlord Charles Taylor. In March 2003, Taylor was indicted by the UN-mandated Special Court for Sierra Leone for his contribution to crimes of murder, rape and mutilation during that country's decade-long civil war. Shortly thereafter, Taylor was granted asylum by Nigeria's president, Olusegun Obasanjo, and he has since resided in a private compound in the Nigerian city of Calabar.
In May 2004, two Nigerian nationals petitioned Nigeria's high court to overturn the grant of asylum. The men had had their arms chopped off in Freetown by soldiers of the Taylor-supported Revolutionary United Front. Rather than shelter Taylor, they argued, Nigeria must prosecute him or send him to the special court to face trial. In rejecting the government's objections, the high court held that the claimants had a right to sue for redress so long as Taylor enjoyed asylum. The government has said it will appeal. Whatever the outcome, the decision stands as a powerful example of an independent court standing up to strong political currents.
What do these cases teach?
First, in an era marred by the resort to force as an arbiter of disputes, the law as applied by capable judges still counts.
Second, don't underestimate the power of civil society. Each of these cases was made possible by the determined persistence of victims, private aid groups and lawyers working for little pay and at great risk.
Third, now comes the real test. These rulings have articulated - with the full legal authority that only courts possess - basic principles that governments may not breach. But the challenge is to enforce them. Will Bulgaria desegregate its school system? Will the Dominican Republic grant citizenship to its ethnic Haitian minority? Will Nigeria turn Charles Taylor over to the Special Court for Sierra Leone? Supporters of the rule of law will be watching.
James Goldston is executive director of the Open Society Justice Initiative, which pursues rights-based law reform and builds legal capacity worldwide.
___________________
The Open Society Justice Initiative, an operational program of the Open Society Institute (OSI), pursues law reform activities grounded in the protection of human rights, and contributes to the development of legal capacity for open societies worldwide. The Justice Initiative combines litigation, legal advocacy, technical assistance, and the dissemination of knowledge to secure advances in five priority areas: national criminal justice, international justice, freedom of information and expression, equality and citizenship, and anticorruption. Its offices are in Abuja, Budapest, and New York.
www.justiceinitiative.org
50 Ideas for Commemmorating UDHR Day
More than 50 ideas for commemorating the Universal Declaration of Human Rights
Introduction
This paper has been developed in the framework of the United Nations Decade for Human Rights Education (1995-2004) by a group of human rights education experts from the five continents, who met in January 1997 at the United Nations High Commissioner/Centre for Human Rights in Geneva, as their contribution to the preparations for the 50th Anniversary of the Universal Declaration of Human Rights.
More than 50 ideas have been grouped under the following headings: General Activities , Governments , Parliaments/Political Parties , Schools and Youth Organizations , Universities or Institutes , Cultural Sector , Religious Sector , Media and Internet , Corporations and Business Community , Professional Organizations , Trade Unions , Health Sector , Town Councils and Community Organizations , Libraries , NGO's, Social Service Agencies, Community Service Organizations, Women's Groups, and Advocacy Groups . This list is not exhaustive and it is hoped that it may serve as inspiration for other ideas which could be shared with all interested partners.
General Activities:
1. Logo: Develop a national UDHR 50th Anniversary logo for widespread general use (e.g., public documents, publications, banners, tee shirts, pins).
2. Postage stamp and coins: Issue UDHR 50th Anniversary commemorative postage stamp and coins.
3. "A UDHR in every pocket": During the anniversary year, make one-page copies of the UDHR available in every public place (e.g., post offices, libraries, polling places, schools). Where possible, include in official mailings (e.g., with tax notices, telephone bills). Include a copy when issuing public documents (e.g., marriage licences, birth certificates, driver's licences, passports, telephone books, telephone cards, etc.). Reproduce the Declaration using various formats (bookmarks, brochures, etc.). Introduce the Declaration into everyday life by printing the entire text/selected articles on public transit, milk containers, etc.
4. A UDHR 50th Anniversary national calendar: Select two or three UDHR articles on which to focus each month during the anniversary year. Coordinate these with local, national, and international holidays (e.g., Article 15 during the month of a national independence day; Article 18 during a religious holiday period; Article 23 in May).
5. A UDHR 50th Anniversary award (annual award): Institute an award honouring national human rights heroes/defenders. These might be categorized by specific areas (e.g., an "Article 14 award" for contributions to refugee rights). Interested organizations would be best able to find ways to honour the contributions of local human rights heroes. Celebrate your own heroes, particularly the un-sung ones. Invite leaders, peace laureates, and others who have struggled publicly and internationally for human rights to your country to be honoured.
6. An international moment for the UDHR: Plan a specific date and time, perhaps on 10
December 1998, at 12 noon, when all citizens will honour the UDHR. Let citizens across the country unite in a common symbolic action (e.g., lighting of candles, a moment of silence, ringing of bells or sirens, raising of flag, half-an-hour human rights programmes at schools, concerts for children).
7. "Human rights communities": Encourage communities or sectors of all sizes (e.g., a village, a school, a university, a workplace, a senior citizens' centre) to declare themselves to be "human rights communities". As such they will promote the observance of and respect for human rights and evaluate how their community lives up to the standards set out in the UDHR. These may form into a network of "human rights communities".
8. "Human rights spaces": Dedicate a "human rights space" for UDHR 50th Anniversary activities in every village, town, or city neighbourhood (e.g., a meeting hall, a gallery, a display area or bulletin board at the market, a public garden). Individuals or community groups could use it in a variety of ways to express/illustrate/discuss how they experience human rights in their professional, religious, cultural, or personal lives.
9. Human rights walkways/murals: Designate a public walkway where each article of the UDHR is illustrated in some way. Such a walkway might be designed around sculpture, stepping stones through a public garden, or graphics in any frequently used public place (e.g., transportation centers, shopping areas, sports centers). Murals could also be developed.
10. UDHR "Travelling textbooks": Paint or decorate public vehicles (e.g., trains, streetcars, utility vehicles) with UDHR celebration information; a fleet of vehicles or series of train cars could each bear a different article of the UDHR. Offer an award for original design (e.g., the best decorated UDHR taxi).
11. December 10 -public holiday: Declare December 10 a public holiday (each year from 1997 onwards).
12. Public readings: Organize public readings of the UDHR (in schools, parliaments, meetings of ministers, markets, etc.).
13. Twinnings: Organize twinnings between countries/cities or sectors in different countries which will contribute to raising the profile of activities in the respective countries in order to share ideas and to provide mutual support for twinned entities.
14. Fund-raising: Fund-raise for national/international human rights funds (as a part of national income). Governments:
15. Plans of action: Adopt national plans of action for advancing human rights into the 21st century. In particular, Governments could consider adopting a national plan of action for human rights education, as a contribution to the United Nations Decade for Human Rights Education (1995-2004).
16. Host a national/ international conference on the implementation of the UDHR in your country.
17. Strengthen national infrastructures for the promotion and protection of human rights.
Parliaments/Political Parties:
18. Form a non-partisan all-party human rights caucus in Parliament.
19. Declare a Human Rights Year (1998), week (around 10 December), or a Human Rights Day (10 December).
20. Organize parliamentary debates and pass resolutions concerning the UDHR.
21. Review national legislation in order to bring it into conformity with international human rights standards/Ratify international human rights treaties.
22. Pass appropriate budgets for human rights education.
23. Request that Government convenes a meeting of ministers responsible for human rights and human rights education.
24. "Appoint" human rights ambassadors on a voluntary basis (celebrities).
Schools and Youth Organizations:
25. Train youth to teach the contents of the UDHR to younger children in schools, youth organizations, on the streets and to the population in general (for instance through summer employment programmes, volunteer work, etc.).
26. Develop oral history projects where children interview elders, especially those born before 1948, about their experience of human rights (e.g., how are their lives different because of the UDHR?). These oral histories could be published, broadcast, or turned into dramatic presentations.
27. Organize a "youth caravan" or cross-country walk where young people will travel to rural areas to make presentations on the UDHR for both children and adults.
28. Sponsor school art and writing competitions on the UDHR with the winners' work being published, printed on calendars, used on postage stamps, or otherwise widely distributed.
29. Organize programmes relating to the UDHR aimed at integrating "marginalized youth" into the mainstream of society.
30. Organize street theatre, dance and other popular presentations relating to the UDHR and human rights created and presented by youth for a variety of audiences.
31. Encourage children to create songs relating to the UDHR that may be performed or published.
32. Organize conferences, seminars, pre-service and in-service training for teachers on the UDHR and human rights education.
33. Have Ministries of Education set a minimum number of school hours to be devoted to human rights education.
34. Use literacy programmes as a means to teach about human rights.
Universities or Institutes: 35. Award honorary degrees to human rights activists.
36. Organize exhibitions.
37. Organize workshops, seminars, lectures, debates and symposia on human rights inside and outside the institution. 38. Promote a national human rights research award/prize.
39. Promote the establishment of university chairs for human rights education and research.
Cultural Sector: 40. Sponsor lecture series, concerts, exhibits and other cultural events relating to the UDHR and human rights education. 41. Commission works of art especially for the UDHR anniversary (e.g., an oratorio based onthe UDHR, public monuments) and provide a setting for their presentation.
42. Sponsor a UDHR art, poetry, music or essay competition for adults, students or children, with winners presented at UDHR celebration events.
43. Organize UDHR 50th Anniversary travelling exhibits and performing tours to reach rural communities.
44. Organize sports competitions with a 50th Anniversary Cup.
45. Arrange for the creation of a national human rights quilt with participating communities creating one square of the quilt.
46. Use local festivals (multicultural, arts and music, etc.) to promote the Universal Declaration.
47. Benefit from existing events Women's Day, Labour Day etc.) to draw attention to human rights issues and the UDHR.
48. Organize a cross-country tour of a major music group promoting the UDHR.
49. Have a "human rights stand" at international/national book fairs to disseminate materials and to encourage publishers to publish human rights materials.
Religious Sector:
50. Hold conferences and seminars on the role of religious communities in the promotion of the UDHR.
51. Use religious communities as a setting for human rights education.
52. Organization of cultural and social events by religious communities with the UDHR as a celebration theme. Media and Internet:
53. Ensure the help of public personalities in media appearances to promote respect for human rights and to raise consciousness of human rights problems.
54. Establish an award for excellence in human rights reporting (e.g. juried prize at national and regional levels for journalists covering domestic and international human rights issues over the course of the year).
55. Establish a regular place in printed publications for UDHR 50th Anniversary information and commentary (e.g., an on-going section for essays, editorials, comments from people of all ages, stories about national and international human rights heroes).
56. Establish a regular time on radio and television for human rights programming (e.g., a human rights film series, a radio show featuring human rights discussion, plays and documentaries based on national/cultural human rights heroes or historical events reinterpreted in human rights terms, spots by children and youth talking about the UDHR, series of children's television programmes based on the UDHR) and human rights education themes.
57. Publish the UDHR in all national/local newspapers on 10 December 1997 and 1998.
58. Create a national web site for the UDHR 50th Anniversary with information, documents and a calendar of events, and publicize it.
59. Plan a national communications strategy, placing emphasis on making human rights a familiar issue -using mediums such as posters and logos on buses, streetcars, etc.
Corporations and Business Community:
60. Introduce human rights themes and figures in publicity and advertising (e.g. on food products, soda cans, cereal boxes, etc.).
61. Establish foundations for the promotion and protection of human rights.
62. Organize high profile functions with a human rights theme (may be fundraising functions, presentations of awards, etc.).
63. Support initiatives at the community and provincial level with backing and donations from banks. Involve small businesses as well. Professional Organizations:
64. Hold conferences and seminars or introduce courses on human rights and the profession.
65. Raise awareness of human rights among users of the services rendered by the profession (e.g., distribution of accessible information materials to users; holding workshops and public education sessions on various human rights issues).
66. Issue a "special issue" of professional newsletter on the UDHR.
67. Promote special events in educational establishments (such as police academies, schools of journalism, etc.).
Trade Unions
68. Hold conferences and seminars or introduce courses on human rights and labour; organize grass-roots human rights training for trade unionists and other workers' groups.
69. Organize, in collaboration with unions, a special workers' day celebration marking the UDHR.
Health Sector:
70. Solidarity Day with patients.
71. International Human Rights Day Babies (born on 10 December) and Human Rights Anniversary Babies for those born in 1998.
72. Promote/advocate inclusion of human rights and medical ethics in professional training. Town Councils and Community Organizations:
73. Establish a community human rights award for local contributions to human rights.
74. Have communities involved in creating community murals on public or private walls with the Declaration theme.
75. Sponsor UDHR 50th Anniversary celebrations and human rights education activities.
76 Promote the idea of raising human rights issues in cities through their national organizations.
77. The city hall could be asked to plan a day of speakers and activities, such as a "Festival of Human Rights".
Libraries:
78. Distribute bookmarks recommending books on human rights for both young and adult readers.
79. Display books and magazines on human rights subjects, especially around 10 December.
80. Organize lecture series, film series, or book discussions on the UDHR and human rights topics.
81. Organize a "UDHR bus" to travel through the countryside bringing information, training, materials and speakers to rural areas.
82. Organize exhibits displaying developments from 1948 to 1998 in the field of human rights. The exhibit could be mobile and used in various frameworks. NGO's, Social Service Agencies, Community Service Organizations, Women's Groups, and Advocacy Groups:
83. Redefine daily life/work in human rights terms.
84. Educate membership and the community on how an organization's activities relate to human rights.
85. Distribute information and educational materials (e.g., publicity posters, fliers, calendars showing human rights events, UN pictures) to constituencies.
Introduction
This paper has been developed in the framework of the United Nations Decade for Human Rights Education (1995-2004) by a group of human rights education experts from the five continents, who met in January 1997 at the United Nations High Commissioner/Centre for Human Rights in Geneva, as their contribution to the preparations for the 50th Anniversary of the Universal Declaration of Human Rights.
More than 50 ideas have been grouped under the following headings: General Activities , Governments , Parliaments/Political Parties , Schools and Youth Organizations , Universities or Institutes , Cultural Sector , Religious Sector , Media and Internet , Corporations and Business Community , Professional Organizations , Trade Unions , Health Sector , Town Councils and Community Organizations , Libraries , NGO's, Social Service Agencies, Community Service Organizations, Women's Groups, and Advocacy Groups . This list is not exhaustive and it is hoped that it may serve as inspiration for other ideas which could be shared with all interested partners.
General Activities:
1. Logo: Develop a national UDHR 50th Anniversary logo for widespread general use (e.g., public documents, publications, banners, tee shirts, pins).
2. Postage stamp and coins: Issue UDHR 50th Anniversary commemorative postage stamp and coins.
3. "A UDHR in every pocket": During the anniversary year, make one-page copies of the UDHR available in every public place (e.g., post offices, libraries, polling places, schools). Where possible, include in official mailings (e.g., with tax notices, telephone bills). Include a copy when issuing public documents (e.g., marriage licences, birth certificates, driver's licences, passports, telephone books, telephone cards, etc.). Reproduce the Declaration using various formats (bookmarks, brochures, etc.). Introduce the Declaration into everyday life by printing the entire text/selected articles on public transit, milk containers, etc.
4. A UDHR 50th Anniversary national calendar: Select two or three UDHR articles on which to focus each month during the anniversary year. Coordinate these with local, national, and international holidays (e.g., Article 15 during the month of a national independence day; Article 18 during a religious holiday period; Article 23 in May).
5. A UDHR 50th Anniversary award (annual award): Institute an award honouring national human rights heroes/defenders. These might be categorized by specific areas (e.g., an "Article 14 award" for contributions to refugee rights). Interested organizations would be best able to find ways to honour the contributions of local human rights heroes. Celebrate your own heroes, particularly the un-sung ones. Invite leaders, peace laureates, and others who have struggled publicly and internationally for human rights to your country to be honoured.
6. An international moment for the UDHR: Plan a specific date and time, perhaps on 10
December 1998, at 12 noon, when all citizens will honour the UDHR. Let citizens across the country unite in a common symbolic action (e.g., lighting of candles, a moment of silence, ringing of bells or sirens, raising of flag, half-an-hour human rights programmes at schools, concerts for children).
7. "Human rights communities": Encourage communities or sectors of all sizes (e.g., a village, a school, a university, a workplace, a senior citizens' centre) to declare themselves to be "human rights communities". As such they will promote the observance of and respect for human rights and evaluate how their community lives up to the standards set out in the UDHR. These may form into a network of "human rights communities".
8. "Human rights spaces": Dedicate a "human rights space" for UDHR 50th Anniversary activities in every village, town, or city neighbourhood (e.g., a meeting hall, a gallery, a display area or bulletin board at the market, a public garden). Individuals or community groups could use it in a variety of ways to express/illustrate/discuss how they experience human rights in their professional, religious, cultural, or personal lives.
9. Human rights walkways/murals: Designate a public walkway where each article of the UDHR is illustrated in some way. Such a walkway might be designed around sculpture, stepping stones through a public garden, or graphics in any frequently used public place (e.g., transportation centers, shopping areas, sports centers). Murals could also be developed.
10. UDHR "Travelling textbooks": Paint or decorate public vehicles (e.g., trains, streetcars, utility vehicles) with UDHR celebration information; a fleet of vehicles or series of train cars could each bear a different article of the UDHR. Offer an award for original design (e.g., the best decorated UDHR taxi).
11. December 10 -public holiday: Declare December 10 a public holiday (each year from 1997 onwards).
12. Public readings: Organize public readings of the UDHR (in schools, parliaments, meetings of ministers, markets, etc.).
13. Twinnings: Organize twinnings between countries/cities or sectors in different countries which will contribute to raising the profile of activities in the respective countries in order to share ideas and to provide mutual support for twinned entities.
14. Fund-raising: Fund-raise for national/international human rights funds (as a part of national income). Governments:
15. Plans of action: Adopt national plans of action for advancing human rights into the 21st century. In particular, Governments could consider adopting a national plan of action for human rights education, as a contribution to the United Nations Decade for Human Rights Education (1995-2004).
16. Host a national/ international conference on the implementation of the UDHR in your country.
17. Strengthen national infrastructures for the promotion and protection of human rights.
Parliaments/Political Parties:
18. Form a non-partisan all-party human rights caucus in Parliament.
19. Declare a Human Rights Year (1998), week (around 10 December), or a Human Rights Day (10 December).
20. Organize parliamentary debates and pass resolutions concerning the UDHR.
21. Review national legislation in order to bring it into conformity with international human rights standards/Ratify international human rights treaties.
22. Pass appropriate budgets for human rights education.
23. Request that Government convenes a meeting of ministers responsible for human rights and human rights education.
24. "Appoint" human rights ambassadors on a voluntary basis (celebrities).
Schools and Youth Organizations:
25. Train youth to teach the contents of the UDHR to younger children in schools, youth organizations, on the streets and to the population in general (for instance through summer employment programmes, volunteer work, etc.).
26. Develop oral history projects where children interview elders, especially those born before 1948, about their experience of human rights (e.g., how are their lives different because of the UDHR?). These oral histories could be published, broadcast, or turned into dramatic presentations.
27. Organize a "youth caravan" or cross-country walk where young people will travel to rural areas to make presentations on the UDHR for both children and adults.
28. Sponsor school art and writing competitions on the UDHR with the winners' work being published, printed on calendars, used on postage stamps, or otherwise widely distributed.
29. Organize programmes relating to the UDHR aimed at integrating "marginalized youth" into the mainstream of society.
30. Organize street theatre, dance and other popular presentations relating to the UDHR and human rights created and presented by youth for a variety of audiences.
31. Encourage children to create songs relating to the UDHR that may be performed or published.
32. Organize conferences, seminars, pre-service and in-service training for teachers on the UDHR and human rights education.
33. Have Ministries of Education set a minimum number of school hours to be devoted to human rights education.
34. Use literacy programmes as a means to teach about human rights.
Universities or Institutes: 35. Award honorary degrees to human rights activists.
36. Organize exhibitions.
37. Organize workshops, seminars, lectures, debates and symposia on human rights inside and outside the institution. 38. Promote a national human rights research award/prize.
39. Promote the establishment of university chairs for human rights education and research.
Cultural Sector: 40. Sponsor lecture series, concerts, exhibits and other cultural events relating to the UDHR and human rights education. 41. Commission works of art especially for the UDHR anniversary (e.g., an oratorio based onthe UDHR, public monuments) and provide a setting for their presentation.
42. Sponsor a UDHR art, poetry, music or essay competition for adults, students or children, with winners presented at UDHR celebration events.
43. Organize UDHR 50th Anniversary travelling exhibits and performing tours to reach rural communities.
44. Organize sports competitions with a 50th Anniversary Cup.
45. Arrange for the creation of a national human rights quilt with participating communities creating one square of the quilt.
46. Use local festivals (multicultural, arts and music, etc.) to promote the Universal Declaration.
47. Benefit from existing events Women's Day, Labour Day etc.) to draw attention to human rights issues and the UDHR.
48. Organize a cross-country tour of a major music group promoting the UDHR.
49. Have a "human rights stand" at international/national book fairs to disseminate materials and to encourage publishers to publish human rights materials.
Religious Sector:
50. Hold conferences and seminars on the role of religious communities in the promotion of the UDHR.
51. Use religious communities as a setting for human rights education.
52. Organization of cultural and social events by religious communities with the UDHR as a celebration theme. Media and Internet:
53. Ensure the help of public personalities in media appearances to promote respect for human rights and to raise consciousness of human rights problems.
54. Establish an award for excellence in human rights reporting (e.g. juried prize at national and regional levels for journalists covering domestic and international human rights issues over the course of the year).
55. Establish a regular place in printed publications for UDHR 50th Anniversary information and commentary (e.g., an on-going section for essays, editorials, comments from people of all ages, stories about national and international human rights heroes).
56. Establish a regular time on radio and television for human rights programming (e.g., a human rights film series, a radio show featuring human rights discussion, plays and documentaries based on national/cultural human rights heroes or historical events reinterpreted in human rights terms, spots by children and youth talking about the UDHR, series of children's television programmes based on the UDHR) and human rights education themes.
57. Publish the UDHR in all national/local newspapers on 10 December 1997 and 1998.
58. Create a national web site for the UDHR 50th Anniversary with information, documents and a calendar of events, and publicize it.
59. Plan a national communications strategy, placing emphasis on making human rights a familiar issue -using mediums such as posters and logos on buses, streetcars, etc.
Corporations and Business Community:
60. Introduce human rights themes and figures in publicity and advertising (e.g. on food products, soda cans, cereal boxes, etc.).
61. Establish foundations for the promotion and protection of human rights.
62. Organize high profile functions with a human rights theme (may be fundraising functions, presentations of awards, etc.).
63. Support initiatives at the community and provincial level with backing and donations from banks. Involve small businesses as well. Professional Organizations:
64. Hold conferences and seminars or introduce courses on human rights and the profession.
65. Raise awareness of human rights among users of the services rendered by the profession (e.g., distribution of accessible information materials to users; holding workshops and public education sessions on various human rights issues).
66. Issue a "special issue" of professional newsletter on the UDHR.
67. Promote special events in educational establishments (such as police academies, schools of journalism, etc.).
Trade Unions
68. Hold conferences and seminars or introduce courses on human rights and labour; organize grass-roots human rights training for trade unionists and other workers' groups.
69. Organize, in collaboration with unions, a special workers' day celebration marking the UDHR.
Health Sector:
70. Solidarity Day with patients.
71. International Human Rights Day Babies (born on 10 December) and Human Rights Anniversary Babies for those born in 1998.
72. Promote/advocate inclusion of human rights and medical ethics in professional training. Town Councils and Community Organizations:
73. Establish a community human rights award for local contributions to human rights.
74. Have communities involved in creating community murals on public or private walls with the Declaration theme.
75. Sponsor UDHR 50th Anniversary celebrations and human rights education activities.
76 Promote the idea of raising human rights issues in cities through their national organizations.
77. The city hall could be asked to plan a day of speakers and activities, such as a "Festival of Human Rights".
Libraries:
78. Distribute bookmarks recommending books on human rights for both young and adult readers.
79. Display books and magazines on human rights subjects, especially around 10 December.
80. Organize lecture series, film series, or book discussions on the UDHR and human rights topics.
81. Organize a "UDHR bus" to travel through the countryside bringing information, training, materials and speakers to rural areas.
82. Organize exhibits displaying developments from 1948 to 1998 in the field of human rights. The exhibit could be mobile and used in various frameworks. NGO's, Social Service Agencies, Community Service Organizations, Women's Groups, and Advocacy Groups:
83. Redefine daily life/work in human rights terms.
84. Educate membership and the community on how an organization's activities relate to human rights.
85. Distribute information and educational materials (e.g., publicity posters, fliers, calendars showing human rights events, UN pictures) to constituencies.
Human Rights Provisions of the Draft Outcome Document
Human Rights Provisions of the Draft Outcome Document
13 September 2005
Human Rights Principles
We reaffirm that our common fundamental values, including freedom, equality, solidarity, tolerance, respect for all human rights, respect for nature and shared responsibility, are essential to international relations.
We rededicate ourselves to […] the right to self-determination of peoples which remain under colonial domination and foreign occupation, […] respect for human rights and fundamental freedoms, respect for the equal rights of all without distinction as to race, sex, language or religion […].
We reaffirm the vital importance of an effective multilateral system, in accordance with international law, in order to […] achieve progress in the areas of […].
We acknowledge that peace and security, development and human rights are the pillars of the United Nations system and the foundations for collective security and well-being. We recognise that development, peace and security and human rights are interlinked and mutually reinforcing.
We acknowledge that good governance and the rule of law at the national and international levels are essential for sustained economic growth, sustainable development and the eradication of poverty and hunger.
We reaffirm that gender equality and the promotion and protection of the full enjoyment of all human rights and fundamental freedoms for all are essential to advance development, peace and security.
We reaffirm the universality, indivisibility, interdependence, and interrelatedness of all human rights.
We […] resolve to […] undertake concrete measures to continue finding ways to […] provide multilateral solutions to the problems in […] Human rights and the rule of law.
We recommit ourselves to actively protect and promote all human rights, the rule of law and democracy, and recognize that they are interlinked and mutually reinforcing and that they belong to universal and indivisible core values and principles of the United Nations, and call upon all parts of the United Nations to promote human rights and fundamental freedoms in accordance with their mandates.
We reaffirm the solemn commitment of our States to fulfil their obligations to promote universal respect for, and observance and protection of all human rights and fundamental freedoms for all in accordance with the Charter, the Universal Declaration of Human Rights and other instruments relating to human rights and international law. The universal nature of these rights and freedoms is beyond question.
We reaffirm that all human rights are universal, indivisible, interrelated, interdependent and mutually reinforcing, and that all human rights must be treated in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical cultural and religious backgrounds must be borne in mind, all States regardless of their political, economic and cultural systems have the duties to promote and protect all human rights and fundamental freedoms.
We emphasize the responsibilities of all States, in conformity with the Charter, to respect human rights and fundamental freedoms for all, without distinction of any kind as to race, colour, sex, language, or religion, political or other opinion, national or social origin, property, birth or other status.
We stress the right of people to live in freedom and dignity, free from poverty and despair. We recognize that all individuals, in particular the vulnerable people, are entitled to freedom from fear and freedom from want, with an equal opportunity to enjoy all their rights and fully develop their human potential. To this end, we commit ourselves to discuss and define the notion of human security in the General Assembly.
Human Rights in Development
We reaffirm that good governance is essential for sustainable development; sound economic policies, solid democratic institutions responsive to the needs of the people and improved infrastructure are the basis for sustained economic growth, poverty eradication and employment creation; and that freedom, peace and security, domestic stability, respect for human rights, including the right to development, the rule of law, gender equality, market-oriented policies and an overall commitment to just and democratic societies are also essential and mutually reinforcing;
Human Rights in Gender and of Women
We […] resolve to promote gender equality and eliminate pervasive gender discrimination by: eliminating gender inequalities in primary and secondary education by the earliest possible date and at all educational levels by 2015; Guaranteeing the free and equal right of women to own and inherit property, and ensuring secure tenure of property and housing by women; Ensuring equal access to reproductive health; Promoting women’s equal access to labour markets, sustainable employment, and adequate labour protection; Ensuring equal access of women to productive assets and resources, including land, credit and technology; Eliminating all forms of discrimination and violence against women and the girl child including by ending impunity and by ensuring the protection of civilians, in particular women and the girl child during and after armed conflicts in accordance with the obligations of States under international humanitarian law and international human rights law; Promoting increased representation of women in government decision-making bodies, including through ensuring their equal opportunity to participate fully in the political process.
Human Rights of Migrants
We reaffirm our resolve to take measures to ensure respect for and protection of the human rights of migrants, migrant workers and members of their families.
Human Rights in Africa
We welcome the substantial progress made by the African countries in fulfilling their commitments and emphasize the need to carry forward the implementation of the NEPAD to promote sustainable growth and development and deepen democracy, human rights, good governance and sound economic management and gender equality.
Human Rights in Peace and Security
We […] reaffirm our commitment to work towards a security consensus based on the recognition that […] development, peace, security and human rights are mutually reinforcing.
We reaffirm that one of the purposes and principles guiding the United Nations is to maintain international peace and security, and to develop friendly relations among nations based on the respect for the principles of equal rights and self-determination of peoples.
We recognize that international cooperation to fight terrorism must be conducted in conformity with international law, including the Charter and relevant international Conventions and Protocols. States must ensure that any measures taken to combat terrorism comply with their obligations under international law, in particular human rights law, refugee law and international humanitarian law.
We underscore the importance of the recommendations of the Secretary-General’s Advisor on Sexual Exploitation and Abuse by UN Peacekeeping Personnel, and urge that those measures adopted in the relevant General Assembly resolutions based upon the recommendations mentioned above be fully implemented without delay.
Human Rights and Trafficking
We express our grave concern at the negative effects on […] human rights posed by transnational crime, including the smuggling of and trafficking in human beings, [and…] reaffirm the need to work collectively to combat transnational crime.
We recognize that trafficking in persons continues to pose a serious challenge to humanity and requires a concerted international response. To that end, we urge all States to devise, enforce and strengthen effective measures to combat and eliminate all forms of trafficking in persons to counter the demand for trafficked victims and to protect the victims.
Human Rights of the Child
We express dismay at the increasing number of children involved in and affected by armed conflict, as well as all other forms of violence including domestic violence, sexual abuse and exploitation, and trafficking. We support cooperation policies aimed at strengthening the national capacities to improve the situation of those children and to assist in their rehabilitation and reintegration into society.
We commit ourselves to respecting and ensuring the rights of each child without discrimination of any kind, irrespective of the race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status of the child, his/her parent(s) or legal guardian(s). We call upon States to consider becoming a party as a priority to the Convention on the Rights of the hild.
We […] call upon all States concerned to take concrete measures to ensure accountability and compliance by those responsible for grave abuses against children. We also reaffirm our commitment to ensure that children in armed conflicts receive timely and effective humanitarian assistance, including education, for their rehabilitation and reintegration into society.
Human Rights Machinery
We resolve further to strengthen the United Nations human rights machinery with the aim of ensuring effective enjoyment by all of all human rights, civil, political, economic, social and cultural rights including the right to development.
We resolve to strengthen the Office of the United Nations High Commissioner for Human Rights, taking note of the High Commissioner’s plan of action to enable it to effectively carry out its mandate to respond to the broad range of human rights challenges facing the international community, particularly in the areas of technical assistance and capacity building, through the doubling of its regular budget resources over the next five years, with a view to progressively setting a balance between regular budget and voluntary contributions to its resources, keeping in mind other priority programmes for developing countries and the recruitment of highly competent staff, on a broad geographical basis and with gender balance, provided under the regular budget, and support its closer cooperation with all relevant United Nations bodies, including the General Assembly, the Economic and Social Council and the Security Council.
We resolve to improve the effectiveness of the human rights treaty bodies, including through more timely reporting, improved and streamlined reporting procedures, technical assistance to States to enhance their reporting capacities, and further enhance the implementation of their recommendations.
We resolve to integrate the promotion and protection of human rights into national policies and to support the further mainstreaming of human rights throughout the United Nations system, as well as closer cooperation between the Office of the United Nations High Commissioner for Human Rights and all relevant United Nations bodies.
We support stronger system-wide coherence by […] strengthening linkages between the normative work of the United Nations system and its operational activities;
We fully support the mission of the UN Special Advisor for the Prevention of Genocide.
Pursuant to our commitment to further strengthen the United Nations human rights machinery, we resolve to create a Human Rights Council.
The Council will be responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner.
The Council should address situations of violations of human rights, including gross and systematic violations and make recommendations thereon. It should also promote effective coordination and the mainstreaming of human rights within the UN system.
We request the President of the General Assembly to conduct, open, transparent and inclusive negotiations to be completed as soon as possible during the 60th session, with the aim of establishing the mandate, modalities, functions, size, composition, membership, working methods and procedures for the Council.
Human Rights of Special Groups
We reaffirm our commitment to continue making progress in the advancement of the human rights of the world’s indigenous peoples at the local, national, regional and international levels, including through consultation and collaboration with them, and to present for adoption a final draft United Nations Declaration on the Rights of Indigenous Peoples as soon as possible.
We recognize the need to pay special attention to the human rights of women and children and undertake to advance them in every possible way, including by bringing gender and child-protection perspectives into the human rights agenda.
We recognize the need for persons with disabilities to be guaranteed full enjoyment of their rights without discrimination. We also affirm the need to finalize a comprehensive draft convention on the rights of persons with disabilities.
We note that the promotion and protection of the rights of persons belonging to national or ethnic, religious, and linguistic minorities contributes to political and social stability and peace and enriches the cultural diversity and heritage of society.
We recognize the Guiding Principles on Internal Displacement as an important international framework for the protection of internally displaced persons and resolve to take effective measures to increase the protection of internally displaced persons.
We commit ourselves to safeguard the principle of refugee protection and to uphold our responsibility in resolving the plight of refugees, including through the support of efforts aimed at addressing the causes of refugee movement, bringing about the safe and sustainable return of these populations, finding durable solutions for refugees in protracted situations and preventing refugee movement from becoming a source of tension among States. We reaffirm the principle of solidarity and burden sharing and resolve to support nations in assisting refugee populations and their host communities.
Human Rights Education
We support the promotion of human rights education and learning at all levels, including through the implementation of the World Programme for Human Rights Education, as appropriate and we encourage all States to develop initiatives in this regard.
Rule of Law
Recognizing the need for universal adherence to and implementation of the rule of law at both the national and international levels, we: Reaffirm our commitment to the purposes and principles of the Charter and international law and to an international order based on the rule of law and international law, which is essential for peaceful coexistence and cooperation among States; Support the annual treaty event; Encourage States that have not yet done so to consider becoming parties to all treaties that relate to the protection of civilians; Call upon States to continue their efforts to eradicate policies and practices that discriminate against women and to adopt laws and promote practices that protect the rights of women and promote gender equality; Support the idea of the establishment of a rule of law assistance unit within the Secretariat, in accordance with existing relevant procedures, subject to a report by the Secretary-General to the General Assembly, to strengthen United Nations activities to promote the rule of law including through technical assistance and capacity building;
Democracy
We reaffirm that democracy is a universal value based on the freely expressed will of people to determine their own political, economic, social and cultural systems and their full participation in all aspects of their lives. We also reaffirm that while democracies share common features, there is no single model of democracy, that it does not belong to any country or region, and reaffirm the necessity of due respect for sovereignty and the right for self-determination. We stress that democracy, development and respect for all human rights and fundamental freedoms are interdependent and mutually reinforcing.
We renew our commitment to support democracy by strengthening countries’ capacities to implement the principles and practices of democracy and resolve to strengthen the capacity of the United Nations to assist Member States upon their request. We welcome the establishment of a Democracy Fund at the United Nations. We note the advisory board to be established should reflect diverse geographical representation. We invite the Secretary-General to help ensure that practical arrangements for the Democracy Fund take proper account of existing UN activity in this field. We invite interested Member States to give serious consideration to contributing to it.
Responsibility to Protect
Each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. This responsibility entails the prevention of such crimes, including their incitement, through appropriate and necessary means. We accept that responsibility and will act in accordance with it. The international community should, as appropriate, encourage and help States to exercise this responsibility and should support the United Nations to establish an early warning capability.
The international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means, in accordance with Chapter VI and VIII of the Charter, to help protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity. In this context, we are prepared to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the UN Charter, including Chapter VII, on a case by case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities manifestly failing to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity. We stress the need for the General Assembly to continue consideration of the responsibility to protect populations from genocide, war crimes, ethnic cleansing, and crimes against humanity and its implications, bearing in mind the principles of the Charter of the United Nations and international law. We also intend to commit ourselves, as necessary and appropriate, to help states build capacity to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity and to assist those which are under stress before crises and conflicts break out.
Human Rights NGOs
We welcome the positive contributions of […] non-governmental organizations in the promotion and implementation of development and human rights programmes, stress the importance of their continued engagement with governments, the United Nations, and other international organization in these key areas.
13 September 2005
Human Rights Principles
We reaffirm that our common fundamental values, including freedom, equality, solidarity, tolerance, respect for all human rights, respect for nature and shared responsibility, are essential to international relations.
We rededicate ourselves to […] the right to self-determination of peoples which remain under colonial domination and foreign occupation, […] respect for human rights and fundamental freedoms, respect for the equal rights of all without distinction as to race, sex, language or religion […].
We reaffirm the vital importance of an effective multilateral system, in accordance with international law, in order to […] achieve progress in the areas of […].
We acknowledge that peace and security, development and human rights are the pillars of the United Nations system and the foundations for collective security and well-being. We recognise that development, peace and security and human rights are interlinked and mutually reinforcing.
We acknowledge that good governance and the rule of law at the national and international levels are essential for sustained economic growth, sustainable development and the eradication of poverty and hunger.
We reaffirm that gender equality and the promotion and protection of the full enjoyment of all human rights and fundamental freedoms for all are essential to advance development, peace and security.
We reaffirm the universality, indivisibility, interdependence, and interrelatedness of all human rights.
We […] resolve to […] undertake concrete measures to continue finding ways to […] provide multilateral solutions to the problems in […] Human rights and the rule of law.
We recommit ourselves to actively protect and promote all human rights, the rule of law and democracy, and recognize that they are interlinked and mutually reinforcing and that they belong to universal and indivisible core values and principles of the United Nations, and call upon all parts of the United Nations to promote human rights and fundamental freedoms in accordance with their mandates.
We reaffirm the solemn commitment of our States to fulfil their obligations to promote universal respect for, and observance and protection of all human rights and fundamental freedoms for all in accordance with the Charter, the Universal Declaration of Human Rights and other instruments relating to human rights and international law. The universal nature of these rights and freedoms is beyond question.
We reaffirm that all human rights are universal, indivisible, interrelated, interdependent and mutually reinforcing, and that all human rights must be treated in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical cultural and religious backgrounds must be borne in mind, all States regardless of their political, economic and cultural systems have the duties to promote and protect all human rights and fundamental freedoms.
We emphasize the responsibilities of all States, in conformity with the Charter, to respect human rights and fundamental freedoms for all, without distinction of any kind as to race, colour, sex, language, or religion, political or other opinion, national or social origin, property, birth or other status.
We stress the right of people to live in freedom and dignity, free from poverty and despair. We recognize that all individuals, in particular the vulnerable people, are entitled to freedom from fear and freedom from want, with an equal opportunity to enjoy all their rights and fully develop their human potential. To this end, we commit ourselves to discuss and define the notion of human security in the General Assembly.
Human Rights in Development
We reaffirm that good governance is essential for sustainable development; sound economic policies, solid democratic institutions responsive to the needs of the people and improved infrastructure are the basis for sustained economic growth, poverty eradication and employment creation; and that freedom, peace and security, domestic stability, respect for human rights, including the right to development, the rule of law, gender equality, market-oriented policies and an overall commitment to just and democratic societies are also essential and mutually reinforcing;
Human Rights in Gender and of Women
We […] resolve to promote gender equality and eliminate pervasive gender discrimination by: eliminating gender inequalities in primary and secondary education by the earliest possible date and at all educational levels by 2015; Guaranteeing the free and equal right of women to own and inherit property, and ensuring secure tenure of property and housing by women; Ensuring equal access to reproductive health; Promoting women’s equal access to labour markets, sustainable employment, and adequate labour protection; Ensuring equal access of women to productive assets and resources, including land, credit and technology; Eliminating all forms of discrimination and violence against women and the girl child including by ending impunity and by ensuring the protection of civilians, in particular women and the girl child during and after armed conflicts in accordance with the obligations of States under international humanitarian law and international human rights law; Promoting increased representation of women in government decision-making bodies, including through ensuring their equal opportunity to participate fully in the political process.
Human Rights of Migrants
We reaffirm our resolve to take measures to ensure respect for and protection of the human rights of migrants, migrant workers and members of their families.
Human Rights in Africa
We welcome the substantial progress made by the African countries in fulfilling their commitments and emphasize the need to carry forward the implementation of the NEPAD to promote sustainable growth and development and deepen democracy, human rights, good governance and sound economic management and gender equality.
Human Rights in Peace and Security
We […] reaffirm our commitment to work towards a security consensus based on the recognition that […] development, peace, security and human rights are mutually reinforcing.
We reaffirm that one of the purposes and principles guiding the United Nations is to maintain international peace and security, and to develop friendly relations among nations based on the respect for the principles of equal rights and self-determination of peoples.
We recognize that international cooperation to fight terrorism must be conducted in conformity with international law, including the Charter and relevant international Conventions and Protocols. States must ensure that any measures taken to combat terrorism comply with their obligations under international law, in particular human rights law, refugee law and international humanitarian law.
We underscore the importance of the recommendations of the Secretary-General’s Advisor on Sexual Exploitation and Abuse by UN Peacekeeping Personnel, and urge that those measures adopted in the relevant General Assembly resolutions based upon the recommendations mentioned above be fully implemented without delay.
Human Rights and Trafficking
We express our grave concern at the negative effects on […] human rights posed by transnational crime, including the smuggling of and trafficking in human beings, [and…] reaffirm the need to work collectively to combat transnational crime.
We recognize that trafficking in persons continues to pose a serious challenge to humanity and requires a concerted international response. To that end, we urge all States to devise, enforce and strengthen effective measures to combat and eliminate all forms of trafficking in persons to counter the demand for trafficked victims and to protect the victims.
Human Rights of the Child
We express dismay at the increasing number of children involved in and affected by armed conflict, as well as all other forms of violence including domestic violence, sexual abuse and exploitation, and trafficking. We support cooperation policies aimed at strengthening the national capacities to improve the situation of those children and to assist in their rehabilitation and reintegration into society.
We commit ourselves to respecting and ensuring the rights of each child without discrimination of any kind, irrespective of the race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status of the child, his/her parent(s) or legal guardian(s). We call upon States to consider becoming a party as a priority to the Convention on the Rights of the hild.
We […] call upon all States concerned to take concrete measures to ensure accountability and compliance by those responsible for grave abuses against children. We also reaffirm our commitment to ensure that children in armed conflicts receive timely and effective humanitarian assistance, including education, for their rehabilitation and reintegration into society.
Human Rights Machinery
We resolve further to strengthen the United Nations human rights machinery with the aim of ensuring effective enjoyment by all of all human rights, civil, political, economic, social and cultural rights including the right to development.
We resolve to strengthen the Office of the United Nations High Commissioner for Human Rights, taking note of the High Commissioner’s plan of action to enable it to effectively carry out its mandate to respond to the broad range of human rights challenges facing the international community, particularly in the areas of technical assistance and capacity building, through the doubling of its regular budget resources over the next five years, with a view to progressively setting a balance between regular budget and voluntary contributions to its resources, keeping in mind other priority programmes for developing countries and the recruitment of highly competent staff, on a broad geographical basis and with gender balance, provided under the regular budget, and support its closer cooperation with all relevant United Nations bodies, including the General Assembly, the Economic and Social Council and the Security Council.
We resolve to improve the effectiveness of the human rights treaty bodies, including through more timely reporting, improved and streamlined reporting procedures, technical assistance to States to enhance their reporting capacities, and further enhance the implementation of their recommendations.
We resolve to integrate the promotion and protection of human rights into national policies and to support the further mainstreaming of human rights throughout the United Nations system, as well as closer cooperation between the Office of the United Nations High Commissioner for Human Rights and all relevant United Nations bodies.
We support stronger system-wide coherence by […] strengthening linkages between the normative work of the United Nations system and its operational activities;
We fully support the mission of the UN Special Advisor for the Prevention of Genocide.
Pursuant to our commitment to further strengthen the United Nations human rights machinery, we resolve to create a Human Rights Council.
The Council will be responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner.
The Council should address situations of violations of human rights, including gross and systematic violations and make recommendations thereon. It should also promote effective coordination and the mainstreaming of human rights within the UN system.
We request the President of the General Assembly to conduct, open, transparent and inclusive negotiations to be completed as soon as possible during the 60th session, with the aim of establishing the mandate, modalities, functions, size, composition, membership, working methods and procedures for the Council.
Human Rights of Special Groups
We reaffirm our commitment to continue making progress in the advancement of the human rights of the world’s indigenous peoples at the local, national, regional and international levels, including through consultation and collaboration with them, and to present for adoption a final draft United Nations Declaration on the Rights of Indigenous Peoples as soon as possible.
We recognize the need to pay special attention to the human rights of women and children and undertake to advance them in every possible way, including by bringing gender and child-protection perspectives into the human rights agenda.
We recognize the need for persons with disabilities to be guaranteed full enjoyment of their rights without discrimination. We also affirm the need to finalize a comprehensive draft convention on the rights of persons with disabilities.
We note that the promotion and protection of the rights of persons belonging to national or ethnic, religious, and linguistic minorities contributes to political and social stability and peace and enriches the cultural diversity and heritage of society.
We recognize the Guiding Principles on Internal Displacement as an important international framework for the protection of internally displaced persons and resolve to take effective measures to increase the protection of internally displaced persons.
We commit ourselves to safeguard the principle of refugee protection and to uphold our responsibility in resolving the plight of refugees, including through the support of efforts aimed at addressing the causes of refugee movement, bringing about the safe and sustainable return of these populations, finding durable solutions for refugees in protracted situations and preventing refugee movement from becoming a source of tension among States. We reaffirm the principle of solidarity and burden sharing and resolve to support nations in assisting refugee populations and their host communities.
Human Rights Education
We support the promotion of human rights education and learning at all levels, including through the implementation of the World Programme for Human Rights Education, as appropriate and we encourage all States to develop initiatives in this regard.
Rule of Law
Recognizing the need for universal adherence to and implementation of the rule of law at both the national and international levels, we: Reaffirm our commitment to the purposes and principles of the Charter and international law and to an international order based on the rule of law and international law, which is essential for peaceful coexistence and cooperation among States; Support the annual treaty event; Encourage States that have not yet done so to consider becoming parties to all treaties that relate to the protection of civilians; Call upon States to continue their efforts to eradicate policies and practices that discriminate against women and to adopt laws and promote practices that protect the rights of women and promote gender equality; Support the idea of the establishment of a rule of law assistance unit within the Secretariat, in accordance with existing relevant procedures, subject to a report by the Secretary-General to the General Assembly, to strengthen United Nations activities to promote the rule of law including through technical assistance and capacity building;
Democracy
We reaffirm that democracy is a universal value based on the freely expressed will of people to determine their own political, economic, social and cultural systems and their full participation in all aspects of their lives. We also reaffirm that while democracies share common features, there is no single model of democracy, that it does not belong to any country or region, and reaffirm the necessity of due respect for sovereignty and the right for self-determination. We stress that democracy, development and respect for all human rights and fundamental freedoms are interdependent and mutually reinforcing.
We renew our commitment to support democracy by strengthening countries’ capacities to implement the principles and practices of democracy and resolve to strengthen the capacity of the United Nations to assist Member States upon their request. We welcome the establishment of a Democracy Fund at the United Nations. We note the advisory board to be established should reflect diverse geographical representation. We invite the Secretary-General to help ensure that practical arrangements for the Democracy Fund take proper account of existing UN activity in this field. We invite interested Member States to give serious consideration to contributing to it.
Responsibility to Protect
Each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. This responsibility entails the prevention of such crimes, including their incitement, through appropriate and necessary means. We accept that responsibility and will act in accordance with it. The international community should, as appropriate, encourage and help States to exercise this responsibility and should support the United Nations to establish an early warning capability.
The international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means, in accordance with Chapter VI and VIII of the Charter, to help protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity. In this context, we are prepared to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the UN Charter, including Chapter VII, on a case by case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities manifestly failing to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity. We stress the need for the General Assembly to continue consideration of the responsibility to protect populations from genocide, war crimes, ethnic cleansing, and crimes against humanity and its implications, bearing in mind the principles of the Charter of the United Nations and international law. We also intend to commit ourselves, as necessary and appropriate, to help states build capacity to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity and to assist those which are under stress before crises and conflicts break out.
Human Rights NGOs
We welcome the positive contributions of […] non-governmental organizations in the promotion and implementation of development and human rights programmes, stress the importance of their continued engagement with governments, the United Nations, and other international organization in these key areas.
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