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(..7..)
HUMAN RIGHTS PROTECTION MECHANISMS AT THE
NATIONAL AND INTERNATIONAL LEVEL
QUESTION BANK
1. Explain the role of the Human Rights Committee in the promotion and protection of
Civil and Political Rights.
2. Explain the role of various commissions on Human Rights in the United Nations for the
protection and Promotion of human rights.
3. State the role of Amnesty International in the promotion and protection of Human
Rights.
Short Notes
1. Human Rights Council.
2. Human Rights Implementation through the ICJ.
3. NGO and Human Rights.
4. International Criminal Court.
5. Amnesty International and the implementation of human rights.
6. The UN Commission on Human Rights.
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Table of Contents
I. Introduction: -............................................................................................................................ 77
1. National Human Rights Commission (N.H.R.C.):-.............................................................. 77
a. Historical Background-..................................................................................................... 77
c. Powers and Functions of N.H.R.C (Ss. 12 to 16):-........................................................... 78
ii. Appointment (S. 22)-........................................................................................................ 79
a. The Evolution of Human Rights Courts:-......................................................................... 79
a. Founding and Structure of the UNHRC:- ........................................................................ 81
b. Composition and Structure:-............................................................................................. 83
3. International Criminal Court (ICC):-.................................................................................... 85
b. The Structure and Jurisdiction of the ICC:-...................................................................... 86
ii. Independence:................................................................................................................... 89
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I. Introduction: -
Human rights are enforced domestically through national human rights
mechanisms or courts when those rights are incorporated into domestic law. As a
signatory, it is the State’s (Nation’s) primary responsibility to establish a mandated
mechanism by international conventions. However, to monitor the State’s overall
compliance with human rights, some forums are established at the international level
under the aegis of the UN. Where the domestic legal proceeding fails to address human
rights violations, the complaint can be made to an international forum. These forums
hear and take action on complaints.
We will discuss some important bodies as follows-
II. Human Rights Enforcement Mechanism in India:-
As discussed above, human rights are enforced in the state through mechanisms
established for that purpose. In India, we have also established mechanisms to enforce
human rights. The National Human Rights Commission is established at the national
level, various State Commissions at the state level, and Human rights courts to try cases
of human rights violations. We will discuss them as follows-
1. National Human Rights Commission (N.H.R.C.):-
a. Historical Background-
The United Nations General Assembly adopted the Universal Declaration of
Human Rights in 1948. The Declaration reflected the international community's
commitment to preserving the human rights of all citizens in the world. The Declaration
was followed by the adoption of the Paris Principles in 1991, which set out the guidelines
for establishing national human rights institutions in each state. After the Paris Principle,
being a signatory to it, India passed the Protection of Human Rights Act of 1993, which
established the National Human Rights Commission.
The Act also defines the composition, powers, functions, and jurisdiction of
N.H.R.C. and makes provisions for the formation of State Human Rights Commissions.
b. Composition (S. 3): -
N.H.R.C. includes a chairperson and 8 other members. The chairperson is an
existing or retired Chief Justice of India. Out of eight members, four are full-time
members, whereas the remaining four are deemed members (members by virtue of their
office). Out of four full-time members, one member should be a working or retired judge
of the Supreme Court, another should be a working or retired Chief Justice of a High
Court, and two others are selected based on their experience and knowledge of human
rights. Meanwhile, deemed members of N.H.R.C. are the chairpersons of the National
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Commission for Minorities, the National Commission for Scheduled Castes, the
National Commission for Scheduled Tribes, and the National Commission for Women.
Appointments (S. 4): -
The President of India makes the appointments of the Chairperson and other
members in consultation with a Select Committee, which consists of the Prime Minister
and five other members.
Tenure (S. 6): -
The Chairman and members hold office for a term of three years or until they attain
the age of 70 years or whichever is earlier.
c. Powers and Functions of N.H.R.C (Ss. 12 to 16):-
It has the following powers and functions-
i. To conduct inquiries on its own or the complaint in matters of human rights
violations.
ii. To intervene in the proceedings of the courts involving any allegation regarding
violation of human rights.
iii. Conduct research to study the living conditions of inmates in prisons and other
detention places and make suggestions to the concerned authorities for improvement.
iv. to review the factors that hinder human rights.
v. Study international instruments such as treaties, resolutions, conventions, etc., on
human rights and suggest ways to implement them effectively.
vi. to educate people regarding human rights available to them through organising
seminars, workshops, etc.
vii. to perform any other function which is important for the promotion of human rights.
In 2007, the N.H.R.C. took Suo-moto cognizance of the Nandigram Violence in
West Bengal and helped the victims get compensation. Similarly, in killings in Punjab
in 1984-96, after the assassination of Mrs Indira Gandhi, a number of people were killed
by police; the N.H.R.C. intervened and got compensation to the victims from the
government.
2. State Commissions (Ss. 21 to 28): -
A State Government may constitute a body known as the Human Rights
Commission of that State to exercise the powers conferred upon and to perform the
functions assigned to a State Commission. Presently, 26 States have constituted State
Human Rights Commissions.
i. Composition (S. 21): -
The State Human Rights Commission consists of three members, including a
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chairperson. A Chairperson who has been a Chief Justice or a Judge of a High Court.
The remaining two members include (a) a present judge of a High Court or a District
Judge in the State (with a minimum of seven years’ experience as a District Judge). (b)
a person who has practical experience as well as knowledge related to the issues of
human rights. The headquarters of the Commission shall be at such place notified by the
State Government.
ii. Appointment (S. 22)-
The Chairperson and members shall be appointed by the Governor. Provided that
the Governor shall obtain the recommendation of a Committee consisting of the Chief
Minister (Chairperson), Speaker of the Legislative Assembly, Home Minister, and
opposition leader. Provided further that where there is a Legislative Council in a State,
the Chairman of that Council and leader of opposition of that Council shall also be
members of the Committee.
iii. Tenure (S. 24): -
A Chairperson or member holds office for a term of three years or until he attains
the age of seventy, whichever is earlier. He is eligible for reappointment.
iv. Powers and Functions of the State Commission: -
The State Commission may inquire into violations of human rights only
regarding matters related to the State List or the Concurrent List. Even the Central
Government may confer upon the State Commission the functions relating to human
rights being discharged by the Union territories. The Commission is required to submit
its annual report to the State government, and it may submit at any time a special report
on any matter which, in its opinion, is of such urgency or importance that it should not
be deferred till submission of the annual report. The state government shall submit these
reports before each house of the legislature with a memorandum of action taken or the
reasons for non-acceptance of its recommendations.
3. Human Rights Courts: -
The Protection of Human Rights Act of 1993 stands as a milestone in India's
pursuit of upholding fundamental human rights. This legislation was enacted to create a
framework for the establishment of Human Rights Courts designed to safeguard and
promote the dignity and rights of individuals. Section 30 of the Act provides for the
establishment of these specialized courts. At the same time, the appointment of a Special
Prosecutor adds an extra layer of accountability and expertise to this crucial process.
a. The Evolution of Human Rights Courts: -
The establishment of Human Rights Courts in India signifies a significant step
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towards the protection of fundamental rights. Before enacting the Protection of Human
Rights Act of 1993, there was a significant gap in the legal system regarding addressing
human rights violations. The Act has bridged this gap by empowering the judiciary to
deal specifically with cases involving human rights abuses.
b. Role and Jurisdiction of Human Rights Courts: -
Under Section 30 of the Protection of Human Rights Act, 1993, the state
government, with the concurrence of the Chief Justice of the High Court, is granted the
authority to notify for each district a Court of Sessions to be a Human Rights Court.
These courts have the jurisdiction to try cases related to human rights violations that arise
within their territorial limits. They play a crucial role in providing expeditious justice to
victims of human rights abuses, ensuring that their grievances are heard and addressed
in a timely manner. With the appointment of a Special Prosecutor, the victim's interests
are placed at the forefront of the legal proceedings. This ensures that their voice is heard
and their rights are protected throughout the trial.
c. Special Public Prosecutor:
For every Human Rights Court, the State Government shall, by notification, specify
a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not
less than seven years as a Special Public Prosecutor for the purpose of conducting cases in
that Court (S. 31). The appointment of a Special Prosecutor in cases related to human
rights violations is a vital provision within the Protection of Human Rights Act, 1993.
The prosecutor is entrusted with representing the victim's interests and ensuring a fair
and just trial. The Special Prosecutor is typically an experienced advocate with expertise
in human rights law, which equips them with the necessary skills to handle complex
cases involving human rights abuses.
d. Advantages of Human Rights Courts Expertise:
Human Rights Courts benefit from specialised judges who deeply understand
human rights laws and principles. This expertise allows for a more focused approach
when dealing with cases involving human rights violations.
Establishing Human Rights Courts ensures that cases related to human rights
abuses are heard promptly. This helps prevent delays that might otherwise cause further
distress to the victims. Enhanced Accountability: Human Rights Courts serve as a
dedicated forum for addressing human rights violations, which fosters accountability and
transparency within the legal system.
III. Human Rights Enforcement Mechanism at International
level: -
Enforcing human rights at the international level involves a range of mechanisms
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and institutions designed to hold states accountable for upholding and protecting
individuals' rights. The UN human rights mechanisms are classified as UN Charter-based
bodies/forums and Treaty-based bodies/forums.
As the name itself suggests, the Charter-based bodies are based on the UN Charter,
while treaty-based bodies are based on the treaties that created them. We will discuss
some of the key international mechanisms for enforcing human rights as follows: -
1. United Nations Human Rights Council (UNHRC):-
The UNHRC is a principal body within the United Nations system responsible
for promoting and protecting human rights worldwide. It conducts Universal Periodic
Reviews (UPRs) of member states' human rights records and makes recommendations
for improvements in human rights.
The United Nations Human Rights Council (UNHRC) plays an important role in
international human rights. Established in 15 March 2006, the UNHRC is a vital
component of the United Nations system. The Council has its headquarters in Geneva,
Switzerland. It is tasked with the crucial mission of promoting, protecting, and upholding
human rights across the globe. In this topic, we will discuss the structure, functions, and
significance of the UNHRC in protecting global human dignity.
a. Founding and Structure of the UNHRC: -
The UNHRC was established to replace the Commission on Human Rights, which
had faced criticism for perceived politicization and inefficiency. With 47 member states
elected for 3 years by the United Nations General Assembly, the council meets
throughout the year in regular and special sessions. Member states are elected based on
regional representation.
b. The Mandate of the UNHRC: -
Features of the UNHRC are as follows-
i. Universal Periodic Review: -
One of the important features of the UNHRC is the Universal Periodic Review.
This process involves the assessment of each UN member state's human rights record,
providing an opportunity for constructive dialogue and recommendations for
improvement.
ii. Special Procedures and Mechanisms:
The UNHRC appoints independent experts, known as special rapporteurs, special
representatives, and independent experts, to investigate and report on specific human
rights issues or countries. These experts play a crucial role in raising awareness,
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documenting violations, and advocating for change.
iii. Thematic and Country-Specific Resolutions:
The council adopts resolutions addressing various human rights issues, from
gender equality to freedom of expression. It also establishes commissions of inquiry to
investigate severe human rights abuses in specific countries.
c. The Role of NGOs and Civil Society: -
The UNHRC actively engages with non-governmental organizations (NGOs) and
civil society in its work. NGOs play a vital role in providing firsthand accounts of human
rights abuses, offering expertise, and advocating for policies and initiatives that advance
human dignity.
d. Achievements: -
The UNHRC has proved a very useful tool of the UN in achieving human rights
protection as follows-
i. Promoting Women's Rights: -
The UNHRC has been instrumental in advancing gender equality and women's
empowerment through resolutions, special procedures, and dedicated discussions.
ii. Addressing Humanitarian Crises: -
The council responds to humanitarian emergencies by establishing commissions
of inquiry and fact-finding missions to investigate alleged human rights violations in
conflict-affected areas.
The UNHRC has played a significant role in recognizing and advocating for the
rights of LGBTQ+ individuals, with resolutions condemning discrimination and
violence based on sexual orientation and gender identity.
2. International Courts and Tribunals: -
The International Court of Justice (ICJ) is a cornerstone of the international legal
system, providing a venue for the peaceful resolution of disputes between states.
Established in 1945 as the principal judicial organ of the United Nations, it is situated at
The Hague (Netherlands). The ICJ plays a crucial role in upholding the rule of law in the
international community. This note explores the ICJ's origins, functions, and significance
in pursuing global justice.
a. The Genesis of the ICJ: -
The establishment of the ICJ was a direct response to the atrocities and devastation
1
An acronym used to describe lesbian, gay, bisexual, transgender, queer or ques-
tioning persons or the community.
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of World War II. The founders sought to create an institution that would serve as a forum
for states to settle disputes peacefully, thus mitigating the risk of armed conflict. The
ICJ's founding charter is enshrined in the United Nations Charter, granting the Court
jurisdiction to hear legal disputes between states.
b. Composition and Structure: -
i. Membership: -
The ICJ is composed of 15 judges elected by the United Nations General Assembly
and the Security Council. These judges are chosen based on their legal expertise,
integrity, and qualifications, ensuring a diverse and representative composition. The
official languages of the ICJ are English and French.
ii. Advisory Jurisdiction: -
In addition to its role in settling disputes, the ICJ may also provide advisory
opinions on legal questions referred to it by the General Assembly, Security Council, or
other specialised agencies of the United Nations. These opinions serve as authoritative
interpretations of international law.
c. Functions of the ICJ: -
i. Adjudication of Disputes: -
The primary function of the ICJ is to hear and decide legal disputes submitted to
it by the states. These disputes can cover many issues, including territorial boundaries,
maritime delimitation, and treaty interpretations.
ii. Advisory Opinions: -
When authorised, the ICJ provides non-binding advisory opinions on legal
questions referred to it by UN bodies. Even though they are not binding, these opinions
carry significant weight and are often regarded as authoritative interpretations of
international law.
d. Jurisdiction and Admissibility: -
i. Contentious Jurisdiction: -
The ICJ can hear cases on contentious matters if the parties involved agree to
submit the dispute to the Court. Both states must accept the ICJ's jurisdiction for a case
to proceed.
ii. Advisory Jurisdiction: -
The ICJ has the authority to issue advisory opinions on legal questions referred to
it by UN organs and specialised agencies. These opinions provide authoritative
interpretations of international law.
e. Significance of the ICJ-
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i. Promoting Peaceful Resolution: -
By providing a peaceful and impartial forum for resolving disputes, the ICJ
contributes to preventing armed conflicts between states.
ii. Advancing International Law: -
The ICJ's decisions and advisory opinions contribute to developing and clarifying
international law, setting precedents for future cases.
iii. Fostering Legal Certainty: -
The ICJ's authoritative interpretations of international law provide states with a
clear framework for resolving disputes and conducting their international relations.
f. Landmark Judgments of ICJ: -
The International Court of Justice (ICJ) is the principal judicial organ of the United
Nations, established to settle legal disputes between states and provide advisory opinions
on legal questions referred to it by the General Assembly, Security Council, or other UN
bodies and specialised agencies. Over the years, the ICJ has delivered several landmark
judgments that have had significant implications for international law and relations.
i. Corfu Channel Case (1949): -
This case involved Albania and the United Kingdom. The UK claimed that Albania had
violated international law by failing to warn of the presence of mines in the Corfu
Channel, which caused damage to British naval vessels. The ICJ ruled in favour of the
UK, establishing the principle that “states are responsible for maintaining safety in their
territorial waters”.
ii. Nottebohm Case (1955):-
This case concerned the issue of nationality. Liechtenstein brought a claim against
Guatemala, arguing that it had unlawfully denied nationality to a person who had been
naturalized as a citizen of Liechtenstein. The ICJ ruled that states have the discretion to
determine who their nationals are, but this decision should not be manifestly unreasonable
or arbitrary.
iii. South West Africa Cases (1950s-1970s):-
These cases involved the decolonization of Namibia (then known as South West
Africa) and the illegality of South Africa's continued territory administration. The ICJ
issued several advisory opinions and judgments, culminating in the landmark 1971
advisory opinion that declared South Africa's presence in Namibia illegal.
iv. Barcelona Traction Case (1970): -
This case dealt with the issue of diplomatic protection. Belgium brought a case
against Spain, seeking to protect the rights of shareholders in a Canadian company
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(Barcelona Traction) that was incorporated in Belgium. The ICJ established that states
can bring claims on behalf of their nationals if they have a genuine and continuing interest
in the dispute.
v. Military and Paramilitary Activities in and against Nicaragua Case (1986):-
This case involved Nicaragua's allegations of unlawful intervention by the United States
in its internal affairs. The ICJ found that the U.S. had violated international law by
supporting Contra rebels in Nicaragua. The judgment was significant in reaffirming the
prohibition on the use of force and the principle of non-intervention.
vi. Genocide Case (Bosnia and Herzegovina v. Serbia and Montenegro) (2007):-
Bosnia and Herzegovina brought a case against Serbia, alleging that it had violated the
Genocide Convention during the Bosnian War (1992-1995). The ICJ ruled that Serbia
had not committed genocide, but it did find that it had failed to prevent genocide and had
not punished those responsible.
vii. Maritime Delimitation in the Black Sea (Romania v. Ukraine) (2009):-
This case involved the delimitation of maritime boundaries in the Black Sea. The ICJ
established a boundary line, resolving a longstanding dispute between Romania and
Ukraine.
The above types of landmark judgments of the International Court of Justice have
helped shape the development of international law and addressed critical issues ranging
from state responsibility and nationality to territorial disputes, the prohibition of
genocide, and the use of force. They serve as important precedents for future cases and
contribute to the ongoing evolution of international legal norms.
3. International Criminal Court (ICC):-
In a world striving for peace and justice, the establishment of the International
Criminal Court (ICC) marked a significant milestone. It is founded on the principle that
exemption for the most serious crimes threatens global security. The ICC stands as a ray
of hope for victims and a deterrent to would-be perpetrators of grave international crimes.
It is the first permanent international court. In this topic, we will discuss the origins,
functions, and impact of the ICC in the pursuit of international justice. The difference
between ICC and ICJ is that ICJ settles disputes between countries, whereas ICC punishes
people. ICJ is an UN-based body, whereas ICC is a Charter-based body.
a. The Origin of the ICC: -
The ICC was established in 2002 by the Rome Statute, a treaty adopted by 120
countries. However, India, the US, and China were not signatories to the Statute. It was
created to address the need for a permanent international criminal tribunal capable of
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prosecuting individuals for genocide, war crimes, crimes against humanity, and crimes
of aggression, which are the gravest crimes of concern to the international community.
b. The Structure and Jurisdiction of the ICC: -
i. Composition: -
The ICC is comprised of 18 judges from different member countries, elected by
the Assembly of States Parties (ASP), the main governing body of the ICC. No two judges
can be from the same country. It also includes the Office of the Prosecutor, the Registry,
and the Defence Office.
ii. Jurisdiction: -
The ICC has jurisdiction over individuals for crimes committed on or after July
1, 2002 (when the Rome Statute entered into force). It can exercise its jurisdiction in cases
referred by state parties, the United Nations Security Council, or through the Prosecutor's
own initiation. Where the incident is not within the jurisdiction of the Court, the Security
Council can refer the incident to the ICC, granting it jurisdiction. It works in two
languages, English and French.
iii. Organs of ICC: -
The ICC has four main organs as follows-
(1) The Presidency: -
The Presidency is composed of the President and two Vice-Presidents. They are
responsible for the overall administration of the Court.
(2) The Judicial Divisions: -
(a) Pre-Trial Division: - This division handles matters related to the investigation
and prosecution of cases before the actual trial.
(b) Trial Division: This division oversees the trial proceedings and makes
decisions regarding the accused's guilt or innocence.
(c) Appeals Division: - This division hears appeals against decisions of the Trial
Division or the Appeals Division itself.
(3) The Office of the Prosecutor: -
This office is responsible for conducting investigations and prosecutions before
the Court. The Prosecutor is elected by the Assembly of States Parties and operates
independently.
(4) The Registry: -
The Registry provides administrative support to the judges and the Prosecutor's
office. It also handles the detention of accused individuals, manages the Court's overall
budget, and facilitates public information and outreach.
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In addition, it has some other important and supporting organs such as the
Office of Public Counsel for Victims, the Office of Public Counsel for Defence, the
Assembly of States Parties, the Bureau of the President and Vice-Presidents of the
Assembly, the Secretariat, etc.
(5). The Crimes Within the Jurisdiction of the ICC: -
The ICC has jurisdiction over the following crimes with which the international
community is concerned.
i. Genocide: -
This includes acts committed with the intent to destroy, in whole or in part,
national, ethnic, racial, or religious groups.
ii. War Crimes: -
These are serious violations of the laws and customs applicable in international
and non-international armed conflicts.
iii. Crimes Against Humanity: -
These encompass acts committed as part of a widespread or systematic attack
against a civilian population.
iv. Crimes of Aggression: -
Added in 2010, these crimes involve the planning, preparation, initiation, or
execution of an act of aggression.
However, the ICC is not meant to replace the national criminal system; it only
prosecutes in cases where the state is unwilling or unable to prosecute such criminals.
d. Advancing International Justice: -
i. Deterrence and Prevention: -
The existence of the ICC serves as a deterrent to individuals contemplating
committing heinous crimes, knowing that they may face accountability before an
international tribunal.
ii. Providing Redress to Victims:-
The ICC ensures that victims have the opportunity to participate in proceedings
and seek reparations for the harm they have suffered.
iii. Ending Impunity: -
By prosecuting individuals for the most serious crimes, the ICC sends a powerful
message that impunity will not be tolerated, and those responsible will be held
accountable.
e. Landmark judgments of ICC: -
The International Criminal Court (ICC) is a judicial institution established to
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prosecute individuals for the most serious crimes of international concern, including
genocide, war crimes, crimes against humanity, and crimes of aggression. Since its
inception, the ICC has delivered several landmark judgments that have set important
precedents in international criminal law. They are as follows-
i. Lubanga Case (2006-2012): -
This was the ICC's first trial. Thomas Lubanga, a Congolese militia leader, was charged
with recruiting child soldiers. The judgment established that the recruitment and use of
child soldiers in armed conflict constitutes a war crime.
ii. Katanga and Ngudjolo Chui Case (2012):-
This case involved two Congolese militia leaders, Germain Katanga and Mathieu
Ngudjolo Chui, who were charged with crimes against humanity and war crimes in
relation to an attack on a village in the Democratic Republic of Congo. The case
addressed issues of individual criminal responsibility and command responsibility.
iii. Bemba Case (2016):-
Jean-Pierre Bemba, a Congolese politician and military leader, was convicted of crimes
against humanity and war crimes for his role in atrocities committed in the Central
African Republic. This case marked the first time that the ICC convicted an individual
for sexual and gender-based crimes.
iv. Al-Mahdi Case (2016):-
Ahmad Al-Faqi Al-Mahdi, an Islamist militant, was charged with the destruction of
cultural heritage sites in Timbuktu, Mali. It was the first time the ICC prosecuted the
destruction of cultural heritage as a war crime.
v. Ongwen Case (2019):-
Dominic Ongwen, a commander of the Lord's Resistance Army in Uganda, faced
charges of crimes against humanity and war crimes, including forced marriage and sexual
slavery. The ICC found him guilty of 61 out of 70 charges and convicted him of both war
crimes and crimes against humanity.
vi. Ntaganda Case (2019):-
Bosco Ntaganda, a Congolese rebel leader, was convicted of numerous counts of war
crimes and crimes against humanity, including rape, sexual slavery, and using child
soldiers. This case reaffirmed the ICC's commitment to prosecuting sexual and gender-
based crimes.
These landmark judgments of the International Criminal Court have played a crucial role
in establishing and clarifying international criminal law norms. They demonstrate the
ICC's commitment to holding individuals accountable for the gravest crimes and
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contribute to the ongoing development of the field of international criminal justice.
4. Treaty Monitoring Bodies:-
Treaty Monitoring Bodies are committees composed of independent experts
designated to monitor and evaluate the implementation of specific international human
rights treaties.
i. Purpose:
Their primary function is to ensure that member states comply with the obligations
outlined in the respective treaties. This includes reporting requirements and the
implementation of measures to protect and promote human rights.
ii. Independence:
Members of these bodies are chosen for their expertise and impartiality. They are
not representatives of their respective countries and serve in their individual capacities.
iii. Specific Focus: Each body oversees a particular human rights treaty. For example:
(1) CEDAW focuses on the Convention on the Elimination of All Forms of
Discrimination against Women.
(2) CESCR oversees the International Covenant on Economic, Social and
Cultural Rights.
(3) CRC monitors the implementation of the Convention on the Rights of the
Child.
iii. Functions: -
(1) Review of State Reports: Monitoring Bodies receive and analyse periodic
reports submitted by member states, detailing their progress in implementing the treaty
provisions.
(2) Constructive Dialogue: During periodic meetings, they engage in
constructive dialogue with representatives of member states, seeking clarifications,
recommendations, and solutions to human rights challenges.
(3) General Comments and Recommendations: They issue general comments
and recommendations guiding the interpretation and application of treaty provisions.
iv. Concluding Observations: -
After reviewing state reports, the Monitoring Bodies provide Concluding
Observations that highlight areas of progress, concerns, and recommendations for
improvement.
4. Regional Human Rights Courts and Commissions: -
Regional human rights courts and commissions are institutions that
regional organizations establish to address human rights violations within their
respective jurisdictions.
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These bodies are guided by regional human rights treaties and agreements, which
outline the rights and obligations of member states. They are as follows-
i. European Court of Human Rights: For Europe, this court hears cases related
to violations of the European Convention on Human Rights.
ii. Inter-American Court of Human Rights: It deals with cases of human rights
violations in the Americas region.
iii. African Court on Human and Peoples' Rights: This court handles cases
related to the African Charter on Human and Peoples' Rights.
5. Non-Governmental Organizations (NGOs):
Many NGOs play a crucial role in advocating for human rights,
documenting abuses, and raising awareness of human rights violations. They can also
exert pressure on states to uphold their human rights obligations.
These independent entities, free from government influence, work tirelessly
to advocate for, protect, and promote human rights. NGOs such as Amnesty
International, Human Rights Watch, International Committee on the Red Cross (ICRC),
and Oxfam, among others, lead the charge. They conduct in-depth research, raise public
awareness, and directly support individuals and communities facing rights violations.
These organizations play a crucial role in holding governments and institutions
accountable for their actions. Here, we will discuss the role of Amnesty International.
Amnesty International.
i. Introduction:-
Amnesty International is a globally renowned non-governmental organization
(NGO) that focuses on promoting and protecting human rights. Founded in 1961,
Amnesty International operates in over 150 countries and territories, with its
headquarters located in London (United Kingdom). Its claim has membership of more
end human rights abuses, such as torture, extrajudicial executions, discrimination, and
censorship, among others.
ii. Organizational Structure:-
a. International Secretariat:-
The International Secretariat is Amnesty International's central coordinating body.
Based in London, it provides overall direction, support, and coordination to the various
national and regional offices and conducts research, campaigns, and advocacy on a
global scale.
2 Amnest International Retrieved 16 March 2015
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b. National and Regional Offices:-
Amnesty International has a decentralised structure, with offices in various
countries and regions. These offices adapt the organisation's global campaigns to local
contexts, research human rights issues within their respective areas, and engage in
advocacy efforts at the national and regional levels.
c. Membership and Volunteers:-
Amnesty International has a large and diverse membership base that includes
individuals as well as local and student groups. These members and volunteers play a
crucial role in raising awareness, organising events, and advocating for human rights at
the grassroots level.
d. Mission and Objectives:-
(1). Research and Documentation:-
One of Amnesty International's primary functions is to conduct rigorous research
on human rights violations worldwide. This involves gathering and analysing
information from a variety of sources, including victims, witnesses, and official
documents. The research forms the basis for the organisation's campaigns and advocacy
efforts.
(2). Advocacy and Campaigns:-
Based on the research findings, Amnesty International develops and implements
campaigns to raise awareness about specific human rights issues. These campaigns often
involve mobilizing public opinion, lobbying governments and international
organizations, and using various forms of media to pressure authorities to take action.
(3). Public Awareness and Education:-
Amnesty International aims to educate the public about human rights issues
through various means, including publications, events, workshops, and online resources.
This empowers individuals to take action and advocate for human rights in their
communities.
(4). Emergency Response: -
In times of crisis, such as natural disasters or armed conflicts, Amnesty
International provides rapid-response teams to document and address human rights
abuses. These teams work to ensure that affected populations receive the protection they
need.
(5). Legal Advocacy: -
Amnesty International works to hold perpetrators of human rights abuses
accountable through legal channels. This may involve filing lawsuits, advocating for
international tribunals, and supporting victims in their pursuit of justice.
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As per Amnesty International’s Statute, the organization's mission is to
campaign for 'a world in which every person enjoys all human rights enshrined in the
Universal Declaration of Human Rights’.
e. Key Achievements: -
Over the years, Amnesty International has played a pivotal role in numerous
human rights advancements. Some notable achievements include-
The Abolition of the Death Penalty: Amnesty International has been
instrumental in advocating for the abolition of the death penalty in numerous countries.
Securing the Release of Prisoners of Conscience: The organization has
successfully campaigned for the release of individuals detained for their beliefs or
identities.
Advocating for International Justice: Amnesty International played a crucial
role in the establishment of the International Criminal Court (ICC), which prosecutes
individuals for war crimes, genocide, and crimes against humanity.
Amnesty International has played an important role in numerous cases involving
human rights abuses around the world. Here are some notable examples:-
(1). Nelson Mandela and the Anti-Apartheid Movement (South Africa):-
Amnesty International campaigned for Nelson Mandela's release from prison
and played a crucial role in raising global awareness about apartheid-era abuses in South
Africa.
(2). Pinochet and Chile:-
Amnesty International documented and campaigned against human rights
abuses during General Augusto Pinochet's regime in Chile, including cases of torture,
extrajudicial killings, and disappearances.
(3). Aung San Suu Kyi and Myanmar:-
The organization advocated for the release of Aung San Suu Kyi, the Nobel
laureate and pro-democracy leader, who was under house arrest for several years in
Myanmar (Burma).
(4). Tiananmen Square Protests (China):-
Amnesty International was instrumental in raising awareness about the violent
crackdown on pro-democracy protesters in Beijing's Tiananmen Square in 1989.
(5). Guantanamo Bay Detention Camp (United States):-
Amnesty International has been actively campaigning for the closure of the
detention camp, highlighting concerns about indefinite detention without trial and
allegations of torture.
(6). Darfur Crisis (Sudan):-
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Amnesty International played a significant role in documenting and raising
awareness about the human rights violations during the Darfur conflict in Sudan,
advocating for international intervention.
(7). Malala Yousafzai (Pakistan):-
Amnesty International campaigned for the release and protection of Malala
Yousafzai, the Pakistani education activist who was targeted by the Taliban.
(8). Syrian Civil War:-
The organization has extensively documented and campaigned against human
rights abuses by various parties involved in the Syrian conflict, including the Assad
regime.
(9). Refugee Crisis in Europe:-
Amnesty International has been active in advocating for the rights and protection
of refugees and migrants, particularly during the European refugee crisis.
(10). LGBTQ+ Rights:-
Amnesty International has been a vocal advocate for the rights of LGBTQ+
individuals around the world, working to decriminalize homosexuality and combat
discrimination.
(11). Climate Change and Indigenous Rights:-
The organisation has increasingly focused on the intersection of human rights
and environmental issues, advocating for the rights of indigenous communities affected
by climate change and environmental degradation.
These cases demonstrate the breadth and depth of Amnesty International's
involvement in advocating for human rights across various regions and contexts. The
organisation's efforts have often led to positive outcomes, such as the release of political
prisoners, increased awareness of human rights abuses, and changes in policy and
legislation.
References:-
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