04. UN

Pacific Settlement of Disputes

The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, seek a solution:

Pacific Settlement of Disputes

• Negotiation
• Enquiry
• Mediation
• Conciliation
• Arbitration
• Judicial settlement
• Resort to regional agencies or arrangements
• Other peaceful means of their own choice.

Threats to the Peace, Breaches of the Peace, and acts of aggression

If the Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken, to maintain or restore international peace and security.

Threats to the Peace

Measures involving the use of armed force:

• demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

Measures not involving the use of armed force:

• complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

Peacekeeping

Impartial third party in order to prepare the ground for a settlement of the issues that have provoked armed conflict.

Both parties to a conflict must accept their presence

Operational control belongs to the Secretary-General and his secretariat. They must remain impartial

Peacekeeping

2 kinds of peacekeeping operations:

• unarmed observer groups
• lightly-armed military forces (self-defense)

Peace Enforcement

Involves the application of a range of coercive measures, including the use of military force.

It requires the explicit authorization of the Security Council.

Armed military with the mission to protect civilians

Peace Enforcement

International Covenant on Economic, Social and Cultural Rights

(art. 16)

Make arrangements with the specialized agencies in respect of their reporting to it on the progress made in achieving the observance of the provisions of the Covenant

ICESCR

Transmit to the Commission on Human Rights for study and general recommendation

Submit to the General Assembly reports with recommendations of a general nature

Bring to the attention of other organs of the United Nations, their subsidiary organs and specialized agencies concerned with furnishing technical assistance any matters arising out of the reports

Universal Periodic Review (UPR)

https://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx

• the Charter of the UN
• the Universal Declaration of Human Rights
• Human rights instruments to which a State is party

Universal Periodic Review

3 Reports:

• 20-page national report prepared by the State under review
• 10-page compilation of UN information prepared by OHCHR
• 10-page summary of information received from stakeholders (NHRIs, NGOs, and civil society actors) prepared by the OHCHR

Mexico's 2009 recommendations:

• 94

Mexico's 2013 recommendations:

• 176

Special Procedures

Activity

• Identify the Covenants that are not respected
• Decide before which United Nations agency the case will be presented
• Identify the facts and human rights possibly violated
• Decide if the State must be condemned
• Establish integral reparation measures

Activity

Committee on the Elimination of Racial Discrimination

Body of 18 independent experts that monitors implementation of the Convention by its State parties.

Make reports each year on its activities and may make suggestions and recommendations of a general nature based on the examination of the reports and data transmitted by the States Parties

CERD

Allows individuals to submit individual complaints to the Committee

Committee on the Elimination of Discrimination against Women

Body of 23 independent experts that monitors implementation of the Convention by its State parties.

Make reports each year on its activities and may make suggestions and recommendations of a general nature based on the examination of the reports and data transmitted by the States Parties

CEDAW

Resolve the accusations of any state party against another state party (inquiry)

Optional Protocol - allows individuals to submit individual complaints to the Committee

Committee Against Torture

Body of 23 independent experts that monitors implementation of the Convention by its State parties.

Make reports each year on its activities and may make suggestions and recommendations of a general nature based on the examination of the reports and data transmitted by the States Parties

CAT

Resolve the accusations of any state party against another state party

Optional Protocol - created a Subcommittee on Prevention to make regular visits

Committee on the Rights of the Child

Body of 18 independent experts that monitors implementation of the Convention by its State parties.

Make reports each year on its activities and may make suggestions and recommendations of a general nature based on the examination of the reports and data transmitted by the States Parties

CRC

Resolve the accusations of any state party against another state party

1° Optional Protocol - eliminate children in armed conflict

2° Optional Protocol - prohibit the sale of children, child prostitution and child pornography

3° Optional Protocol - allows children to submit individual complaints to the Committee

Committee on the Protection of the Rights of All Migrant Workers and Members of their Families

Body of 14 independent experts that monitors implementation of the Convention by its State parties.

Make reports each year on its activities and may make suggestions and recommendations of a general nature based on the examination of the reports and data transmitted by the States Parties

CMW

Allows individuals to submit individual complaints to the Committee

Committee on the Rights of Persons with Disabilities

Body of 18 independent experts that monitors implementation of the Convention by its State parties.

Make reports each year on its activities and may make suggestions and recommendations of a general nature based on the examination of the reports and data transmitted by the States Parties

CRPD

Optional Protocol - allows individuals to submit individual complaints to the Committee and establishes an inquiry procedure

Committee on Enforced Disappearances

Body of 10 independent experts that monitors implementation of the Convention by its State parties.

Make reports each year on its activities and may make suggestions and recommendations of a general nature based on the examination of the reports and data transmitted by the States Parties

CED

Resolve the accusations of any state party against another state party (inquiry) and allows individuals to submit individual complaints to the Committee

Activity

https://www.ohchr.org/Documents/Issues/Detention/Opinions/Session81/A_HRC_WGAD_2018_1.pdf

• Identify the Conventions that are not respected
• Decide before which United Nations agency the case will be presented
• Identify the facts and human rights possibly violated
• Decide if the State must be condemned
• Establish integral reparation measures

Activity

Activities

5 programs areas: education, natural sciences, social and human sciences, culture, and communication and information.

• Proclamation of Masterpieces of the Oral and Intangible Heritage of Humanity
• Endangered languages projects
• Convention against Discrimination in Education
• International Literacy Day
• Goodwill Ambassadors
• International Council of Science

Activities

Refugee

Any person who owing to well-founded fear of being persecuted for reasons of:

• race
• religion
• nationality
• political opinion

is outside the country of his nationality

Refugee

And is unable or owing to such fear or for reasons other than personal convenience, is unwilling to avail himself of the protection of that country

Or who, not having a nationality and being outside the country of his former habitual residence, is unable or, is unwilling to return to it