U.N. initiative on Human Right

U.N. initiatives on Human Rights :

            After having gone through all the relevant provisions of human rights as set forth in the Charter, it is found that the term human rights and fundamental freedoms are neither defined nor enumerated in any provision of the Charter. It is also true that the Charter does not contain the relevant provisions for implementation and enforcement of  human rights. Such vacuums, found in the Charter eventually create some debatable issues about the legal obligations of both the U.N. and its member states. However, during the passage of time, a number of international documents on human rights along with the implementation and enforcement mechanisms have been adopted under the auspices of the U.N. within the framework of the Charter. So therefore, such adoption of international instruments on human rights has, invariably resolved those debatable issues of binding and non-binding obligations of the U.N. and its member states. The other interesting aspect of the U.N. Charter is that of “domestic jurisdiction clause” as set forth in article 2(7) of the Charter thatcreats some riders for the U.N. and its organs, specially in dealing with human rights issues, occurred in the domestic jurisdiction of a state. In true sense of term, the United Nations and its organs do not consider  such “domestic jurisdiction clause” as an obstacle to them, particularly while dealing with the question of human rights violations, found elsewhere in the world. Therefore, it is nothing wrong to say that those provisions of the Charter have created both the moral as well as legal obligations for the U.N. and its member states. Besides it is also quite apparent that human rights issue has, undoubtedly become an international concern in the post U.N. The very glaring example is the U.N. legitimate interventions in the various issues of human rights violations which took place elsewhere in the world In this regard, the  U.N. Security council may take appropriate action against the perpetrators of gross violation of human rights under the chapter VII of the Charter. Here I may refer to the statement made by Mr. Truman the President of U.S.A. at the closing of the San Francisco Conference “the Charter is dedicated to the achievement and observance of human rights and fundamental freedoms, unless we can attain these objectives for all men and women everywhere without regard to race, language or religion, one cannot have permanent peace and security in the world.”. Therefore, the other organs of the U.N. are also equally obliged to take appropriate measures and steps on such issues of human rights by resorting to various methods, such as by way of discussion, investigation, publication and recommendation among others. So that such methods of tactical measures can also be taken up against the human rights perpetrators.

 

            The U.N. Charter represents a significant advancement not only for maintenance of friendly relation among nations based on respect and mutual co-operation and understanding but also for promotion and respect of human rights. It also provides a wide scope for further development in the field of human rights for which all the principal organs of the U.N., such as the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, the Trusteeship Council and the U.N. Secretariat are obligated to achieve them. Very interestingly, there is no expressed reference to protection of human rights in any part of the Charter. The initiatives, so far undertaken in the area of human rights by the U.N. and its agencies have, invariably shown the increasing amount of U.N. actions in the matter of human rights issues. Therefore, in this context, the literal term of promotion and protection of human rights may also be analyzed in two ways; i.e.

                                 

(i)                 The term promotion and respect of human rights, as mentioned in the Charter connotes the formation of international standard and norm of human rights for which the U.N. General Assembly, the Economic and Social council and their subsidiary bodies do have the important roles to prepare and  adopt such a global standard. The said term may also include the activities of the U.N. and its agencies, such as educating and spreading about the human rights of the people at large by holding meetings, conferences, seminars and workshops, among others.

 

(ii)               The term protection of human rights includes both implementation and enforcement actions, however,  there are different connotations of both terms. The term enforcement literally means an authoritative application of human rights provisions dealing mainly with civil and political rights  of individuals, which normally creates a binding force, whereas, the term, implementation is a kind of action beyond the scope of promotion and respect of human rights which may also be considered as some sort of non-binding resolution or decision about a specific issue or matter.

 

            There are also some competent U.N. organs like the Security Council, the International Courts and Tribunals which can deal with the task of enforcement of human rights because they can take the binding resolutions and decisions. On the other hand, non-binding resolutions and decisions of the U.N. organs and their agencies shall also be considered as the vital elements for implementation in which such process may, eventually become an important step for enforcement. Henceforth, it is pertinent to term those provisions of Charteras the unique part of the positive international law and also the sole foundation of the contemporary global   human rights regime.. This is mainly because of three reasons:viz,

i)                    The human rights has occupied a vital part of international law and politics, specially in the post- U.N.

ii) The member states of the U.N. have been increasingly made obligated to promote and protect human rights.

iii) The individuals have turned to be subjects of the international system and rule rather than the mere objects of them, more particularly under the global human rightsregime.