Beyond Litigation: Working with Special Rapporteurs, Treaty Bodies and the

Inter-American Commission on Human Rights

Lauren BartlettResearch & Training Director

Center for Human Rights & Humanitarian LawAmerican University Washington College of Law

Presentation Overview

• International, regional systems exist to protect and ensure the implementation of human rights– Universal system– Special procedures– Treaty bodies– Inter-American Commission on Human Rights

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• Universal System– United Nations

• Regional Systems– European Court of Human Rights– Inter-American Commission on Human Rights – Inter-American Court of Human Rights– African Commission on Human and Peoples’

Rights and Court on Human and People’s Rights

Human Rights Systems

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• National Mechanisms– National Human Rights Commissions – Executive Branch Organs– Federal Courts

• Local Mechanisms- Domestic Courts - State/City Human Rights Commissions

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• Two-Dimensions–Charter-Based–Treaty-Based

Universal System

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• United Nations Charter– Signed in 1945– Based on post-war desire to create institution

to promote security, fundamental human rights and peace

– Provides operational structure and purposes for United Nations

– Highlights commitment to human rights and fundamental freedoms in Preamble & Purposes

Charter-Based

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• UN General Assembly– Made up of all members of UN

• Security Council– Consists of five permanent members (with veto

power) and ten rotating members based on regional diversity

• EcoSoc (Economic and Social Council)

Charter-Based Mechanisms

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• UN Human Rights Council– Formerly the UN Commission on Human Rights– Not independent experts, political appointees,

represent the party/govt line• Special Procedures– Working Groups– Special Rapporteurs– Independent Experts

More Charter-Based Mechanisms

Special Procedures

• Independent human rights experts • Report and advise on human rights from a thematic

or country-specific perspective. • 39 thematic special procedures• 14 country mandates• Activities:– Country visits – Communications/Complaints – Reports to Human Rights Council– Other activities

Legal Aid & Special Rapporteurs

• Migrant Camp Access– SR on extreme poverty & human rights

• Post-Katrina Housing– SR on adequate housing

• Homeless Camps in Sacramento, CA– SR on adequate housing

• Water Shut-offs in Detroit– SR on human right to water & sanitation

Meetings, Technical assistance, Support

Statements

• E.g. Dec 5th joint statement by SRs on Michael Brown & Eric Garner cases

Letters to Local Officials

Media

Human Rights Treaty Bodies

• Committees of independent experts• Monitor implementation of human rights treaties– Periodic reviews – Individual complaints (US opts out)– General Comments

• Created in accordance with the provisions of the treaty that they monitor

• OHCHR supports the work of treaty bodies & Special Rapporteurs

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• Emerged from voluntary (horizontal) agreement of sovereign nations to draft, sign, ratify and implement treaties

Treaty-Based Mechanisms

UN Human Rights Treaty Bodies

• Human Rights Committee• Committee Against Torture• Committee on the Elimination of Racial

Discrimination• Committee on the Rights of the Child

Periodic Reviews

• Periodic Reviews of countries that have ratified

• US Reviews– Human Rights Committee: March 2014– CERD Committee: August 2014– CAT Committee: November 2014– (UPR: May 2015)

Review Process• Govt submits periodic report to treaty body– Govt supposed to consult with NGOs

• Review scheduled in Geneva• Secretariat schedules deadline for NGOs to

submit shadow reports• Treaty body publishes list of issues• NGOs submit shadow reports to treaty body

Review Process Cont’d

• Review takes place in Geneva– NGO consultation during review, w/o govt present– 1st day: Govt provides introduction, treaty body

questions govt– 2nd day: Govt provides answers to treaty body

• Treaty Body issues “Conclusions & Recommendations”

www.ushrnetwork.org

UN Human Rights Council’s Universal Periodic Review

• Review of the human rights records of all UN Member States.

• Review of human rights record under all human rights instruments, regardless of signature or ratification.

• First cycle 2010• Second cycle begins in 2015– US May 2015

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• European• African• Inter-American • (ASEAN)

• All consist of a Commission and a Court• All require exhaustion of domestic remedies

before appealing to regional bodies

Regional Human Rights Bodies

Inter-American System

• Oldest regional system (established 1948)• Emerged from the Organization of

American States (OAS)• Two-tiered system: a Commission and a

Court

Inter-American System: Key Documents

• American Declaration on the Rights and Duties of Man (1948)– Adopted six months before the UDHR

• American Convention on Human Rights (1978)– Sets up compulsory jurisdiction of the Court– US has not signed the Convention (therefore only the Inter-

American Commission has jurisdiction over the US)

Inter-American Commission

• Thematic Hearings• Individual Cases• Precautionary Measures• Also has special procedures

National

Regional

Int’l

Links between national, regional and global systems

Global & regional protection are

complementary

global & regional norms require national implementation

Global & regional protection if national remedies have been

exhausted

National norms should be consistent with global and

regional standards