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A New United Nations Mechanism for Encouraging the Ratification of Human Rights Treaties

Published online by Cambridge University Press:  27 February 2017

David Weissbrodt
David Weissbrodt*
Affiliation:
University of Minnesota
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Type
Current Developments
Information
American Journal of International Law , Volume 76 , Issue 2 , April 1982 , pp. 418 - 429
Copyright
Copyright © American Society of International Law 1982

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References

1 See Human Rights: A Compilation of International Instruments, UN Doc. ST/HR/Rev.1 (1978).

2 GA Res. 32/130, 32 UN GAOR, Supp. (No. 45) 150, UN Doc. A/32/45 (1977).

3 See, e.g., urging ratification of the International Convention on the Elimination of All Forms of Racial Discrimination: GA Res. 3225, 29 UN GAOR, Supp. (No. 31) 86, UN Doc. A/9631 (1974); GA Res. 34/28, 34 UN GAOR, Supp. (No. 46) 166, UN Doc. A/34/46 (1979); urging ratification of the Human Rights Covenants and Optional Protocol to the Civil and Political Covenant: GA Res. 3270, 29 UN GAOR, Supp. (No. 31) 90, UN Doc. A/9631 (1974); GA Res. 34/45, 34 UN GAOR, Supp. (No. 46) 169, UN Doc. A/34/46 (1979); urging ratification of the International Convention on the Suppression and Punishment of the Crime of Apartheid, Human Rights Comm’n Res. 6, 37 UN ESCOR, Supp. (No. 5) 201, UN Doc. E/CN.4/1475 (1981).

4 United Nations, Multilateral Treaties in Respect of Which the Secretary-General Performs Depositary Functions: List of Signatures, Ratifications, Accessions, etc. as at 31 December 1979, UN Doc. ST/LEG/SER.D/13, at 111 (1980); updated through June 15, 1981, by UN Doc. E/CN.4/Sub.2/463 (1981).

5 Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its Thirty-second Session, Res. IB, UN Doc. E/CN.4/1350 (1979); see UN Doc. E/CN.4/ Sub.2/L.716 (1979). Eight nongovernmental organizations submitted a statement to the Sub–Commission supporting the establishment of the working group and stressing the need for improved methods of encouraging ratification of human rights treaties. UN Doc. E/CN.4/Sub.2/NGO/80 and Add.1 (1979). The resolution was adopted by a vote of 17 to 2 with two abstentions. José Martínez Cobo of Ecuador and Dumitru Ceausu of Romania voted against the resolution. Mario Amadeo of Argentina and Hicri Fisek of Turkey abstained.

6 The International Covenant on Economic, Social and Cultural Rights; the International Covenant on Civil and Political Rights; the Optional Protocol to the International Covenant on Civil and Political Rights; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on Prevention and Punishment of the Crime of Genocide; the International Convention on the Suppression and Punishment of the Crime of Apartheid; the Slavery Convention; the Protocol amending the Slavery Convention signed in Geneva on September 26, 1976; and the Supplementary Convention on the Abolition of Slavery, the Slave Trade and the Institutions and Practices similar to Slavery.

7 Note Verbale by the Secretary-General, UN Ref. No. G/SO 234 (17-4) (1979).

8 Report of the Sub-Commission, supra note 5, considered at the Commission’s 1559th to 1563d meetings.

9 Human Rights Comm’n Dec. No. 7, 36 UN ESCOR, Supp. (No. 3) 202, UN Doc. E/CN.4/1408 (1980).

10 Report of the sessional Working Group on the Encouragement of Universal Acceptance of Human Rights Instruments, UN Doc. E/CN.4/Sub.2/453 (1980).

11 See Note by the Secretary-General containing a summary of information submitted by Governments, UN Doc. E/CN.4/Sub.2/452 and Adds.1, 2 (1980).

12 Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its Thirty–third Session, UN Doc. E/CN.4/1413, at 84–85 (1980).

13 37 UN ESCOR, Supp. (No. 5) 160, UN Doc. E/CN.4/1475 (1981).

14 See UN Doc. E/CN.4/SR.1592, at 5–10 (1981).

15 Human Rights Comm’n Res. 17, 37 UN ESCOR, Supp. (No. 5) 219, UN Doc. E/CN.4/1475 (1981); see UN Doc. E/CN.4/SR.1635, at 8–11 (1981).

16 Note by the Secretary-General, Review of the Draft Medium-Term Plan for the Period 1984–1989, UN Doc. E/CN.4/1424, Annex (1980).

17 Id. at 3. The Human Rights Commission took note of the plan. Human Rights Comm’n Dec. No. 9, 37 UN ESCOR, Supp. (No. 5) 246, UN Doc. E/CN.4/1475 (1981).

18 Report of the sessional Working Group on the Encouragement of Universal Acceptance of Human Rights Instruments, UN Doc. E/CN.4/Sub.2/L.785 (1981).

19 Draft Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to the Commission on Human Rights on its Thirty-fourth Session, Res. 19, UN Doc. E/CN.4/Sub.2/(XXXIV)/CRP.2, at 113 (1981); see also UN Doc. E/CN.4/Sub.2/L.790 (1981) (draft resolution submitted by five members of the Sub-Commission: Marc Bossuyt of Belgíum, Ibrahim Jimeta of Nigeria, Louis Joinet of France, Syed Masud of India, and Ivan Toševski of Yugoslavia; Julio Oyhanarte of Argentina was the only member of the working group who did not join in sponsoring the resolution).

20 See Weissbrodt, , United States Ratification of the Human Rights Covenants, 63 Minn. L. Rev. 35, 35–37 (1978)Google Scholar.

21 In 1981 the working group discussed the possibility of adding three more treaties to its mandate: the International Convention Against the Taking of Hostages, the Convention on the Elimination of All Forms of Discrimination Against Women, and the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. See UN Doc. E/CN.4/Sub.2/L.785, at 3 (1981); UN Doc. E/CN.4/Sub.2/NGO/87 (1981) (recommendation of several nongovernmental organizations that the Convention on the Elimination of All Forms of Discrimination Against Women be included within the working group’s purview). The working group, however, resisted the addition of these new instruments in the belief that it should concentrate its efforts to be effective.

22 9 UN ESCOR, Supp. (No. 10) 6, UN Doc. E/CN.4/350 (1949).

23 Ammoun, Study of Discrimination in Education, UN Doc. E/CN.4/Sub.2/181/Rev.1, at 177 (1957).

24 See, e.g., Krishnaswami, Study of Discrimination in the Matter of Religious Rights and Practices, UN Doc. E/CN.4/Sub.2/200/Rev.1, at 76 (1960); Santa Cruz, Study of Discrimination in the Matter of Political Rights, UN Doc. E/CN.4/Sub.2/213/Rev.1, at 100–01 (1962); Santa Cruz, Racial Discrimination, UN Doc. E/CN.4/Sub.2/307/Rev.1, at 314 (1971).

25 See, e.g., Buergenthal, , Implementing the Racial Convention, 12 Tex. Int’l L.J. 187, 194 (1977)Google Scholar; Fischer, , Reporting Under the Covenant on Civil and Political Rights: The First Five Years of the Human Rights Committee, 76 AJIL 142 (1982)Google Scholar.

26 United Nations, Rules of Procedure of the Functional Commissions of the Economic and Social Council, rule 69(2), at 17 (1977) [hereinafter cited as Functional Rules]; UN Juridical Y.B., UN Doc. ST/LEG/SER.C/6, at 204 (1968). While there was some criticism at the Human Rights Commission of the Sub-Commission for directly addressing governments, such criticism was not focused on the working group.

27 UN Doc. E/CN.4/SR.1592, at 9 (1981).

28 Such was the conclusion of the United Nations Institute for Training and Research (UNITAR) in its analysis of the reporting approach as a method for encouraging ratification of treaties. O. Schachter, M. Nawaz, & J. Fried, Toward Wider Acceptance of UN Treaties 52 (1971) [hereinafter cited as UNITAR study]; see also I. Detter, Law Making by International Organizations 168–70 (1965).

29 UN Doc. E/CN.4/SR.1595, at 8 and 9 (1981); see United Nations Division of Human Rights, The Role and Competence of the Sub-Commission on Prevention of Discrimination and Protection of Minorities 20 (internal unpub. memo, June 15, 1981).

30 Advisory Opinion on Certain Expenses of the United Nations, [1962] ICJ Rep. 151.

31 Id. at 168.

32 The ICJ in its advisory opinion, however, was discussing the legal authority of the principal organs of the United Nations: the General Assembly, the Security Council, and the Secretary-General. There is some doubt that such broad self-interpretation of mandate would apply to the Sub-Commission. At least, the parent organs of the Sub-Commission, that is, the Commission on Human Rights and the Economic and Social Council, possess the authority to alter the mandate of the Sub-Commission. However, under its present broad mandate, with no express limits on its right to promote human rights, and with a long, uncriticized practice of pursuing similar activities, the Sub-Commission might well be entitled, in accordance with the reasoning of the ICJ advisory opinion, to interpret its own mandate–at least in the first instance.

33 See Functional Rules, supra note 26, rules 21 and 24, at 6–7.

34 ILO Const. Art. 19, para. 5.

35 Such reports are included in the International Labour Conference, Reports of the Committee of Experts on the Application of Conventions and Recommendations, Report III, pt. 3.

36 The ILO system has been successful. As of January 1, 1981, the 152 member states of the ILO had reported over 4,856 ratifications of the then existing 153 ILO conventions. ILO, Chart of Ratifications of International Labour Conventions (Jan. 1, 1981). See also E. Landy, The Effectiveness of International Supervision 203–04 (1966).

37 Resolution of Oct. 3, 1930, League of Nations O.J., Spec. Supp. 83, at 12 (1930); for discussion on the resolution, see id., Spec. Supp. 84, at 213–17 (1930); see also Resolution of Sept. 23, 1926, id., Spec. Supp. 43, at 27 (1926).

In addition to the ILO and League of Nations systems of reporting, constitutional provisions of some UN specialized agencies authorize similar procedures. WHO Const., 14 UNTS 185, Art. 20; UNESCO Const., 4 UNTS 275, Art. VIII; see Ago, , La Codification du droit international èt les problèmes de sa réalisation, in Recueil D’Études de droit international en hommage Á Paul Guggenheim 93, 117 (1968)Google Scholar; see also another precursor of the working group: Final Act of the International Conference on Human Rights, Teheran, 22 April to 13 May 1968, UN Doc. A/CONF.32/41, at 19, 48 (1968).

3 8 See Wilcox, F., The Ratification of International Conventions 133 (1935)Google Scholar.

39 This statement is based on such sources as the UNCIO Docs. (1945); United Nations, Report of the Preparatory Commission of the United Nations, UN Doc. PC/20 (1945); Commentary on the Report of the Preparatory Commission of the United Nations, Cmd. No. 6734 (1946). See also Russell, R., A History of the United Nations Charter (1958)Google Scholar; Goodrich, L., Hambro, E., & Simons, A., Charter of the United Nations, Commentary and Documents (3d and rev. ed. 1969)Google Scholar; Bentivich, N. & Martin, A., A Commentary on the Charter of the United Nations (1950)Google Scholar; Robinson, J., Human Rights and Fundamental Freedoms in the Charter of the United Nations (1946)Google Scholar; Camara, J., The Ratification of International Treaties (1949)Google Scholar; Wright, Q., International Law and the United Nations (1960)Google Scholar; Holloway, K., Modern Trends in Treaty Law (1967)Google Scholar.

40 UN Charter, Art. 64, para. 1.

41 ECOSOC regularly reports to the General Assembly under UN Charter Article 15(2) on the implementation of recommendations by member governments.

42 UNITAR study, supra note 28, at 16.

43 See, e.g., ILO GB Doc. 208/SC/1/6 (1978).

44 Including those of Australia, the Federal Republic of Germany, the Netherlands, New Zealand, and Sweden. See UN Doc. E/CN.4/Sub.2/452, at 3, 6, 9, and 12 (1980); UN Doc. E/CN.4/Sub.2/452/Add.4, at 1–2 (1981).

45 See text at note 12 supra.

46 UN Doc. E/CN.4/Sub.2/452, at 3 (1980).

47 Id., Add.2; International Human Rights Treaties: Hearings Before the Senate Comm. on Foreign Relations, 96th Cong., 1st Sess. 26 (1979) (testimony of Roberts B. Owen, Legal Adviser, Dep’t of State).

48 UN Doc. E/CN.4/Sub.2/452/Add.3, at 5 (India), 8 (Ukrainian Soviet Socialist Republic), and 8–9 (USSR) (1981).

49 Id. at 8–9 (USSR).

50 UN Doc. E/CN.4/Sub.2/L.785, at 5–6 (1981).

51 UNITAR study, supra note 28, at 9.

52 UN Doc. E/CN.4/Sub.2/452, at 11 and 13 (1980).

53 Id. at 4, 8, 9, and 11; id., Add.2; id., Add.3, at 3, 5, 6, 7, and 10 (1981).

54 UNITAR study, supra note 28, at 81–92.

55 UN Doc. E/CN.4/Sub.2/452, at 4, 8, and 11 (1980).

56 See, e.g., discussion of the Report of the Committee on the Application of Conventions and Recommendations, comments of Mrs. Makabir, Employers’ delegate from Trinidad and Tobago and Vice-Chairman of the committee, 66 ILC, Proc. 42/7, 42/8 (1980):

The ILO is to be commended on the extent to which it gives assistance to countries, particularly developing countries. . . . An impressive system of direct contacts, missions, national and international seminars, fellowships and other means of assistance has been developed over the years, which has been of great help to developing countries. . . . The progress which has been achieved as a result is a tribute to the efficacy of this assistance.

See also id. at 42/13 (remarks of Mr. Isacsson, Government delegate from Sweden); id. at 42/20 (remarks of Mr. Haase, Government delegate from the Federal Republic of Germany).

57 U N Doc. E/CN.4/Sub.2/452/Add.3, at 6 (1981).