Md. Nazmuzzaman Bhuian
Lecturer of Law
American International University – Bangladesh [AIUB]

Protection of Human Rights at the International Level

Abstract

Since its creation in 1945, the United Nations has been concerned to protect and promote Human Rights and Fundamental Freedoms at the level of International Law. Within the UN, numerous bodies have been created and many procedures developed to supervise implementation by States of international standards for the protection and promotion of human rights. One avenue of recourse for individuals who claim that their human rights have been violated is through the Human Rights Committee. This Committee was created under the International Covenant on Civil and Political Rights (ICCPR). Under the First Optional Protocol to the ICCPR, the Human Rights Committee is given the power to consider communications from individuals who claim that their human rights contained in the ICCPR have been violated.

Besides, since the 1960s, the Commission on Human Rights has developed procedures for dealing with communications concerning human rights violations. One of them was developed in 1970, when the Economic and Social Council adopted a "procedure for dealing with communications relating to violations of human rights and fundamental freedoms" This is known as the "1503" procedure from the number of the Council's resolution which brought it into being. It does not deal with individual cases, as such, but with situations that affect a large number of people over a protracted period of time.

Both the Human Rights Committee and the 1503 procedure are the most important and most widely used procedure under United Nations human rights instruments. But, there are several procedural hurdles to jump before the Committee or Commission can find a case admissible under these procedures. Besides, in assessing the effectiveness of them, it is necessary to not only look at the decisions of the Committee or Commissions, but also at the outcomes of those decisions, the actual results for the victims and the impact on laws and policies of the State.

Chapter 1 of this Research Monograph aims to provide an introduction to the nature and origin of Human Rights and the development of Human Rights standards at the level of International Law. In this connection, this Chapter focuses on the Guarantees of Human rights for their effective enjoyment and the establishment of the Human Rights Committee and the 1503 procedure as the organized guarantees for the enforcement of the Human Rights at the International Level.

Chapter 2 sates the Composition and Jurisdiction of the Human Rights Committee and the Procedure followed by the Committee in dealing with the State Communications under the ICCPR itself and with the Individual Communications under the Optional Protocol to the ICCPR. This Chapter observes that the procedural hurdles in the way of implementing the human rights through this Human Rights Committee, specially the non-binding character of its decisions, and also the disappointing level of State party compliance with these decisions make its effectiveness questionable.

Chapter 3 has discussed the Composition and Jurisdiction of UN bodies that operate under the 1503 Procedure, and the steps involved in having recourse to the Commission on Human Rights under the procedure through Communications. This Chapter observes that the 1503 procedure may seem to be an improved one in comparison with the Human Rights Committee, but the technical difficulties in the way of having recourse to the Commission and specially, the confidentiality of the procedure has proved it to be an unworthy and ineffective one in the promotion and protection of Human Rights. Besides, its time consuming Character is really frustrating.

Chapter 4 states the key points of the ineffectiveness of both the Human Rights Committee and the 1503 Procedure and observes that the shortcomings of these procedures are so considerable that it’s time to re-evaluate their future. The principal options are major reform or abolition. This Chapter strongly recommends for the establishment of a full time Court at the International level to ensure an effective Human Rights system. In addition to the question of implementation through Court, the Chapter recommends that issues of education should be high on the agenda of practitioners and academics interested in achieving a workable and effective international human rights system.

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