Mechanism for monitoring the implementation of human rights. International human rights monitoring mechanisms
The control mechanisms are organizational structures(committees, working groups, special rapporteurs, etc.). International control mechanisms and procedures should not be identified. Unlike international control mechanisms, procedures are the procedures and methods for examining relevant information and responding to the results of such research.
Different procedures may be used within the same control body.
The procedures applied by international organizations can be used without any control mechanism, for example by the UN Commission on Human Rights in its plenary meetings.
Persons who are part of a particular control mechanism most often act in their personal capacity, that is, they are not responsible to their governments for their activities and do not receive any instructions from them. They act as part of these mechanisms independently as experts, judges, etc.
International monitoring mechanisms in the field of human rights can be collective bodies - committees, groups, etc. And they can also be individual bodies - special rapporteurs.
Collective bodies make decisions either by consensus or by majority vote. The legal nature of their decisions is different. They are usually non-binding, expressing only the opinion of the relevant body on the issue under consideration (including recommendations, general or specific). Sometimes they cannot even be called decisions (for example, the conclusions of special rapporteurs, although they usually end with recommendations). Less commonly, they are binding on the parties concerned (judgments of the European Court of Human Rights). Ultimately, everything depends on the mandate given to the supervisory body.
International mechanisms in the field of human rights protection do not always cope with their duties. They sometimes duplicate each other, require excessive financial expenses, and lead to the adoption of not always objective decisions. However, their creation and increase in their number is a reflection of the objective trends in international life. Therefore, at this stage, the need for their improvement and rationalization comes to the fore.
Sometimes there is a combination in one body of control mechanisms provided for by human rights treaties and established by international organizations. Thus, according to the Covenant on Economic, Social and Cultural Rights, the participants' reports on their implementation of its provisions are sent through the UN Secretary General to ECOSOC. Such control became possible only after the consent of ECOSOC to assume control functions, since ECOSOC is a UN body, and not a body created by the Pact.
A similar legal situation arose with the establishment of the Group of Three Control Mechanism for the Implementation of the International Convention on the Suppression and Punishment of the Crime of Apartheid of November 30, 1973. The Group of Three is appointed annually by the Chairman of the Commission on Human Rights from among the members of the Commission, who are also representatives of the states parties to the Convention.
Control mechanisms represent certain organizational structures (committees, working groups, special rapporteurs, etc.). International control mechanisms and procedures should not be identified. Unlike international control mechanisms, procedures are the procedures and methods for examining relevant information and responding to the results of such research.
Different procedures may be used within the same control body.
The procedures applied by international organizations can be used without any control mechanism, for example by the UN Commission on Human Rights in its plenary meetings.
Persons who are part of a particular control mechanism most often act in their personal capacity, that is, they are not responsible to their governments for their activities and do not receive any instructions from them. They act as part of these mechanisms independently as experts, judges, etc.
International monitoring mechanisms in the field of human rights can be collective bodies - committees, groups, etc. And they can also be individual bodies - special rapporteurs.
Collective bodies make decisions either by consensus or by majority vote. The legal nature of their decisions is different. They are usually non-binding, expressing only the opinion of the relevant body on the issue under consideration (including recommendations, general or specific). Sometimes they cannot even be called decisions (for example, the conclusions of special rapporteurs, although they usually end with recommendations). Less commonly, they are binding on the parties concerned (judgments of the European Court of Human Rights). Ultimately, everything depends on the mandate given to the supervisory body.
International mechanisms in the field of human rights protection do not always cope with their duties. They sometimes duplicate each other, require excessive financial costs, lead to the adoption of not always objective decisions. However, their creation and increase in their number is a reflection of the objective trends in international life. Therefore, at this stage, the need for their improvement and rationalization comes to the fore.
Sometimes there is a combination in one body of control mechanisms provided for by human rights treaties and established by international organizations. Thus, according to the Covenant on Economic, Social and Cultural Rights, the reports of the participants on their implementation of its provisions are sent through Secretary General UN in ECOSOC. Such
Description
Respect for human rights and fundamental freedoms is one of the key conditions for the harmonious development of any modern society and the state, its prosperity and stability. Disregard for these rights, their violation is not only immoral and incompatible with human dignity, but is also fraught with dangerous consequences- deteriorating living standards, growing social tension and protest moods. Violations of human rights often become the causes of natural riots and pogroms, provoke confrontations that paralyze the normal life of hundreds of thousands and millions of people, causing billions of dollars of damage to economies and often threatening international peace and security.
Introduction…………………………………………………………………...………3
Chapter 1. The concept, classification and principles of human rights………………5
1.1. The concept of human rights…………………………………………………………5
1.2. Principles of human rights law……………………………………………….6
1.3. Classification of human rights and freedoms………………………………………7
Chapter 2. Universal control mechanisms and procedures within the UN………………………………………………………………………………...10
2.1. The basis of universal control mechanisms and procedures within the UN…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….
2.2. The structure of the universal control mechanisms and procedures within the UN………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
Chapter 3. The concept, types and forms of international control over the observance of human rights………………………………………………..…………………….17
3.1. The concept of international control over the observance of human rights ...... 17
3.2. Types and forms of international control over the observance of human rights……………………………………………………………………………….17
Conclusion……………………………..………………………………………….20
List of used literature………..………………………………...21
The work consists of 1 file
2.2. Structure of universal control mechanisms and procedures within the UN
The universal mechanism for the international protection of human rights and freedoms has been created and operates within the framework of the United Nations, its specialized agencies (ILO, UNESCO), which are engaged in codification activities in the field of human rights.
Such powers are assigned by the UN Charter to the General Assembly (art. 13), the Economic and Social Council (art. 62, 64) within their competence as the main organs of the UN, as well as to the Secretary General. 8
Other UN bodies, in particular, the Security Council, are also involved in consideration of issues related to human rights to one degree or another. Taking into account the absence in international law of the universally recognized concept of "threat to peace", as well as the close connection of gross violations of human rights with armed conflicts, it should be borne in mind that the Security Council has the right to qualify gross and massive violations of human rights as a "threat to peace" and adopt resolutions on the application of sanctions against the offending state.
Special (non-statutory) bodies include the Human Rights Council, the Commission on the Status of Women - one of the 8 functional commissions of ECOSOC, the Office of the High Commissioner for Human Rights, the Office of the High Commissioner for Refugees.
These mechanisms have the status of subsidiary bodies of the UN.
Particular attention should be paid to the legal basis and activities of the Human Rights Council, established in accordance with resolution 60/251 of the UN General Assembly of March 15, 2006 9 “to replace the Commission on Human Rights as its subsidiary body”. The Council consists of 47 member states, each of which is elected by a majority of the members of the General Assembly by direct secret ballot for 3 years on the basis of the principle of equitable geographical representation. The competence of the Council includes the promotion of universal respect and protection of all human rights and freedoms; consideration of situations related to their gross and systematic violations, etc.
An important innovation in the activities of the new UN human rights mechanism is the Universal Periodic Review (UPR) system. Already at its 5th session in 2007, the Human Rights Council adopted Resolution 5/1 “Institutional building of the UN Human Rights Council” dated 06/18/2007, which approved the UPR procedure and determined its frequency, and also determined the powers of the Council to consider issues related to human rights violations anywhere the globe and to appoint special rapporteurs or representatives who are independent experts of recognized competence in the field of human rights. Their powers (mandates) are different (to collect information and study specific situations in individual countries - the so-called country mandates, or on certain problems related to violations of any of the human rights - the so-called thematic mandates) . The above document contains important provisions regarding the selection, nomination and appointment of special rapporteurs. In addition, in the same resolution, the Council approved a complaints procedure (which replaced procedure 1503 (XLVIII) of ECOSOC 1970) to deal with systematic and credibly attested gross violations of all human rights and all fundamental freedoms committed in any area of the world and in any circumstances. For this, two separate working groups (on communications and on situations) are established with a mandate to consider communications and bring to the attention of the Council systematic and reliably confirmed gross violations of human rights and fundamental freedoms.
In 1993, the UN General Assembly established the post of UN High Commissioner for Human Rights, who is the UN official with primary responsibility for UN human rights activities under the direction and auspices of the Secretary-General (UN General Assembly Resolution 48/141). 10 The main task of the High Commissioner is to promote the fullest possible realization of all human rights by implementing the relevant decisions taken by the governing bodies of the United Nations. Performing the functions of coordinating all UN programs in the field of human rights, the High Commissioner ensures close cooperation between the various bodies of the Organization and the conventional control mechanism, and is called upon to help eliminate parallelism and duplication in their work. eleven
Chapter 3. The concept, types and forms of international control over the observance of human rights
3.1. The concept of international monitoring of human rights
Under international control is understood the coordinated activity of states or international organizations to verify compliance by states with their obligations in order to ensure their implementation.
International control over the observance of human rights and freedoms is characterized by the presence of special international control mechanisms and procedures for the observance of human rights and freedoms.
The control mechanisms are defined organizational structures (committees, working groups, special rapporteurs, etc.), while the procedures are the procedures and methods for examining relevant information and responding to the results of such research. 12
3.2. Types and forms of international control over the observance of human rights
Special international control mechanisms and procedures for international control over the observance of human rights and freedoms have a different legal nature: conventional control mechanisms, i.e. such international control mechanisms and procedures as are established on the basis of international human rights agreements; non-contractual control mechanisms and procedures are created and function within the framework of a number of international organizations (UN, ILO, UNESCO, etc.). The latter, in turn, are divided into statutory and special.
According to the territorial scope of action, international control mechanisms and procedures are divided into universal and regional (for example, created within the framework of the pan-European process).
Based on the form of control, all international bodies can be divided into judicial and quasi-judicial. According to the legal force of the decisions (conclusions, resolutions) made, all international control bodies are divided into two groups: bodies whose decisions are binding on the state to which they are addressed (decisions of judicial control bodies) and bodies whose conclusions (resolutions) are advisory in nature (committees, commissions). statutory and subsidiary bodies of international organizations). 13
International control over the observance of human rights and freedoms is carried out in the following forms:
a) consideration of periodic reports of States on the fulfillment of their obligations in this field;
b) consideration of claims of states against each other regarding the violation of such obligations;
c) consideration of individual complaints from individuals, groups of individuals of non-governmental organizations about violations of their rights by the state;
d) study (research, investigation) of situations related to alleged or established violations of human rights (special working groups, speakers, representatives, etc.);
e) conducting a dialogue with the government of the state regarding the implementation of human rights or assisting in the development of programs for their implementation. 14
Conclusion
International control over the observance of human rights - carried out in accordance with the norms and generally recognized principles of international law and within the framework of a mandate established by an authorized international organization or international treaty, an activity that involves the collection and analysis of information on the implementation by States of applicable international legal principles and norms in the field of human rights, assessing the level of their implementation and making recommendations aimed at eliminating violations, ensuring greater respect for human rights and fundamental freedoms and preventing possible violations in the future, as well as, in many cases, further monitoring of the implementation of previous recommendations.
Today, international control over the observance of human rights is the main international instrument for ensuring that states comply with their international obligations in this area.
The system of universal international control in the field of human rights includes the following bodies: convention human rights bodies, General Assembly The UN, ECOSOC and the UN Commission on the Status of Women, the Security Council, the International Court of Justice, the UN Secretariat, the HRC and its subsidiary bodies, individual UN specialized agencies (ILO, UNESCO), as well as the temporary mechanisms they create.
List of used literature
- Universal Declaration of Human Rights" (adopted by the UN General Assembly on 12/10/1948) // ATP "Consultant Plus"
- Charter of the United Nations" (adopted in San Francisco on June 26, 1945) // ATP "Consultant Plus".
- Charter of Fundamental Rights European Union"(Adopted in Nice on 07.12.2000) // ATP "Consultant Plus"
- International Covenant dated 12/16/1966 "On Civil and Political Rights" // ATP "Consultant Plus"
- International pact of 12/16/1966 "On economic, social and cultural rights" // ATP "Consultant plus"
- Resolution 48/141 of the UN General Assembly "High Commissioner for the Promotion and Protection of All Human Rights" (Adopted on December 20, 1993 at the 48th session of the UN General Assembly) // ATP "Consultant Plus".
- Golovastikova, A.N. Human rights: textbook / A.N. Golovastikova, L.Yu. Grudtsyn. – M.: Eksmo, 2006. – 448 p.
- Kartashkin, V.A. Human rights. International protection in the conditions of globalization / V.A. Kartashkin. – M.: Norma, 2009. – 288 p.
- Lukashuk, I.I. International law. Special part: textbook / I.I. Lukashuk. - M.: Wolters Kluver, 2008. - Ch.1. - P.1-22.
- International law. Collection of documents: textbook. allowance / comp. N.T. Blatova, G.M. Melkov. - M.: RIOR, 2009. - 704 p.
- Pavlova, L.V. Human rights law: textbook. allowance / L.V. Pavlova. - Insk: BGU, 2005. - 222 p.
- Human rights and globalization processes modern world/ ed. E.A. Lukasheva. - M.: Norma, 2007. - 462 p.
- Starovoitov, O.M. International protection of the rights of the child: textbook. allowance / O.M. Starovoitov. - Minsk: BGU, 2007. - 132 p.
- http://www.un.org/russian/news/fullstorynews.asp?NewsID=15181
1 Lukashuk, I.I. International law. Special part: textbook / I.I. Lukashuk. - M.: Wolters Kluver, 2008. - Ch.1. - P.1-22.
2 Kartashkin, V.A. Human rights. International protection in the context of globalization / V.A. Kartashkin. – M.: Norma, 2009. – 288 p.
3 Human rights and processes of globalization of the modern world / ed. E.A. Lukasheva. - M.: Norma, 2007. - 462 p.
4 "Charter of Fundamental Rights of the European Union" (Adopted in Nice on 07.12.2000) // ATP "Consultant Plus"
5 "Universal Declaration of Human Rights" (adopted by the UN General Assembly on December 10, 1948) // ATP "Consultant Plus"
6 International pact of 12/16/1966 "On economic, social and cultural rights" // ATP "Consultant Plus"
7 International Covenant of 12/16/1966 "On Civil and Political Rights" // ATP "Consultant Plus"
8 "Charter of the United Nations" (adopted in San Francisco on June 26, 1945) // ATP "Consultant Plus".
9 http://www.un.org/russian/news/fullstorynews.asp?NewsID=15181
10 Resolution 48/141 of the UN General Assembly "High Commissioner for the Promotion and Protection of All Human Rights" (Adopted on 20.12.1993 at the 48th session of the UN General Assembly) // ATP "Consultant Plus".
11 Starovoitov, O.M. International protection of the rights of the child: textbook. allowance / O.M. Starovoitov. - Minsk: BGU, 2007. - 132 p.
12 International law. Collection of documents: textbook. allowance / comp. N.T. Blatova, G.M. Melkov. - M.: RIOR, 2009. - 704 p.
13 Pavlova, L. V. Human rights law: textbook. allowance / L.V. Pavlova. - Insk: BGU, 2005. - 222 p.
14 Golovastikova, A.N. Human rights: textbook / A.N. Golovastikova, L.Yu. Grudtsyn. – M.: Eksmo, 2006. – 448 p.
Although international organizations and bodies have been dealing with human rights issues for decades, it is clear that progress in this direction can be achieved only with effective international monitoring of their actual observance.
Until 1997, the UN Secretariat had a Center for Human Rights, which was engaged, in particular, in collecting information from various sources on the situation with human rights in the world. Since 1997, its functions have been transferred to the Office of the UN High Commissioner for Human Rights.
Under him and under the auspices of the UN Commission on Human Rights, there is a procedure for considering private complaints on the basis of Resolution No. 1503 of May 27, 1970 of the Economic and Social Council. This procedure has a number of features. It is universal, since it does not depend on the consent of states; a citizen of any state can use it.
This procedure is not judicial, and the consideration of such complaints does not have essentially serious consequences for the States concerned. However, such consideration is important for determining situations where systematic and gross violations of human rights occur.
The Human Rights Commission is a subsidiary body of ECOSOC, established in 1946. Members of the commission (43 people) are elected by ECOSOC for a term of 3 years. The meetings of the Commission are held in Geneva (Switzerland).
The Commission submits to ECOSOC proposals, recommendations and reports on the Charter of Human Rights, international declarations or conventions on civil liberties, women's rights, freedom of information, protection of minorities; prevention of discrimination based on race, sex, language and religion; all other matters relating to human rights. The Commission has several subsidiary bodies of its own, including the Sub-Commission on Prevention of Discrimination and Protection of Minorities.
The UN Human Rights Committee was established on the basis of UN General Assembly resolution 2200A (XXI) of December 16, 1966 in accordance with Art. 28 of the Covenant on Civil and Political Rights. In fact, the Committee is independent international body, consisting of 18 independent experts serving in their personal capacity. Members of the Committee are elected from among the citizens of the States Parties to the Covenant for a period of 4 years and may be re-elected. The seat of the Committee is Geneva.
The Committee has the right to monitor compliance with the provisions of the Covenant on Civil and Political Rights by considering:
1) periodic reports of the States Parties on certain measures to implement the provisions of the Covenant;
2) complaints of the states-participants against each other about the provisions of the Covenant;
3) complaints of individuals when the state violates the rights enshrined in the Covenant.
In 1993, the UN General Assembly established the post of High Commissioner for Human Rights. This issue has been debated at the UN for several decades, but it is too early to say whether the activities of the Commissioner, who is currently ex-president Ireland M. Robinson, to the real improvement of human rights in the world.
Control mechanisms for monitoring the state of human rights in certain areas also operate in specialized institutions UN. This work is carried out most consistently in the ILO, which regularly monitors through its supervisory bodies the situation with observance of labor rights in various countries.
The Council of Europe has a developed system of control bodies for human rights, based on the activities of the European Commission on Human Rights and the European Court of Human Rights. In November 1998, Protocol No. 11 to the European Convention on Human Rights and Fundamental Freedoms entered into force, providing for the abolition of the Commission and the Court and the creation on their basis of a single European Court of Human Rights.
This Protocol establishes an unconditional right to petition by individuals. Now there will be no need to wait for a special statement by the member states of the Council of Europe on this issue, as has been the case so far.
Thanks to the great practice of considering complaints, the European Court of Human Rights has become a significant factor in the legal development and improvement of the system of human rights protection in Europe, and the case law it created can be used by the states that have recently become members of the Council of Europe, and, in particular, Russia, to improve their legislation and law enforcement.
As already noted, the principles and norms in the field of observance of human rights are formulated in documents of both a universal and regional nature.
62. Regional systems for the protection of human rights.
Due to the fact that human rights are a value of the highest order and the fate of peace and security depends on the level of their protection and provision in a particular state, the international community has developed certain mechanisms for monitoring the observance of human rights. These mechanisms are driven by international bodies and organizations.
United Nations Human Rights Council. The creation of the Council was justified by the fact that the UN Commission on Human Rights, according to UN members and experts, has exhausted itself to a certain extent and has lost the properties of an effective body. In addition, the Commission was accused of excessive politicization. The UN Human Rights Council, in comparison with the Commission, has the highest status - it is a subsidiary body of the UN General Assembly. IN new Council included 47 states that are elected for a period of three years on a geographical basis by a simple majority of votes at a meeting of the UN General Assembly. Ukraine is a member of the Council. UN Secretary-General Kofi Annan, in his speech at the opening of the first session of the Human Rights Council on June 19, 2006, said: “I am pleased to announce that world leaders have decided to integrate the promotion and protection of human rights into national policies and to support further intensification of human rights activities throughout the United Nations system. The Council is established to bring human rights issues to their proper level within the system, the members of the Council are directly elected by the General Assembly to work side by side with the Security Council and the Economic and Social Council."
UN Human Rights Committee Created on the basis of UN General Assembly resolution 2200A (XXI) of December 16, 1966 in accordance with Art. 28 of the Covenant on Civil and Political Rights. In fact, the Committee is an independent international body, which consists of 18 independent experts acting in their personal capacity. Members of the Committee are elected from among the citizens of the States Parties to the Covenant for a period of 4 years and may be re-elected. The seat of the Committee is Geneva (Switzerland).
The Committee has the right to monitor compliance with the provisions of the Covenant on Civil and Political Rights by considering:
1) periodic reports of the States Parties on the measures they have taken to implement the provisions of the Covenant;
2) complaints of member states against each other about violations of the provisions of the Covenant;
3) complaints of individuals in case of violation by the state party of the rights enshrined in the Covenant.
An individual's complaint must concern only the fact of a violation of the rights set forth in the Covenant and cannot be anonymous. In addition, the person filing the complaint must exhaust all domestic remedies for the violated right or prove that the consideration of her case is being unreasonably delayed. Declaring the complaint admissible and accepting it for consideration, the Committee requests the State party named in the complaint to provide, within six months, an explanation on the merits of the matter and indicate the measures to be taken at the national level to remedy the situation. The State and the person who filed the complaint are on an equal footing before the Committee.
Committee Against Torture based on the 39th session of the UN General Assembly in accordance with Art. 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984. The Committee consists of 10 experts.
The committee studies the reports; conducts confidential investigations when it believes that the facts are reasonable; performs certain functions to resolve disputes between the participating states-us; appoints a conciliation commission; considers the messages of individuals.
European Court of Human Rights (ECtHR) established in 1959 as the main element of the control mechanism for compliance with the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. The Court is headquartered in Strasbourg (France).
At first, three bodies took part in the monitoring mechanism for compliance with the provisions of the 1950 Convention: the European Commission of Human Rights, the Committee of Ministers of the Council of Europe and the European Court of Human Rights. Given that such a mechanism is quite cumbersome and complex, in 1994 Protocol No. 11 to the 1950 Convention was opened for signing, which provided for significant structural reforms. In November 1998, Protocol No. 11 entered into force, so it is advisable to consider a new operating procedure for this mechanism.
at present, the European Court of Human Rights is the only body to monitor compliance by the states parties with the provisions of the 1950 Convention. The Court works on a permanent basis and consists of judges, the number of which corresponds to the number of states parties to the 1950 Convention. The Parliamentary Assembly of the Council of Europe from each state - participant chooses one judge. Judges sit in the Court in personal status.
Each State Party may bring before the Court an application alleging any alleged violation of the provisions of the 1950 Convention or its Protocols by another Party.
The Court may also accept applications from any individual, non-governmental organization or group of individuals alleging a violation by one of the States Parties of the rights enshrined in the Convention or its protocols. However, applicants must adhere to certain procedural requirements. The participating States undertake not to interfere in any way with the realization of this right.
The Court hears cases before it in committees of three judges, a chamber of seven judges, and a Grand Chamber of 17 judges.
Given the urgent need to amend certain provisions of the Convention in order to improve the effectiveness of its control system in the long term, mainly due to the increased workload on the European Court of Human Rights and the Committee of Ministers of the Council of Europe, Protocol No. 14 was signed, amending the control mechanism of the Convention. This protocol increases the term of office of judges from b to 9 years, in addition, an additional criterion is introduced allowing the European Court to declare the complaint inadmissible, depending on the nature of the harm caused to the applicant. The mechanism for screening manifestly inadmissible complaints is also being improved. The purpose of the protocol is to increase the efficiency of the work of the ECHR in the face of a sharp increase in complaints received here in connection with the entry of new states into the Council of Europe.
Protocol No. 14 to the 1950 Convention also introduces the following major procedural changes: consideration by a single judge of questions regarding manifestly inadmissible complaints; broader competence to deal with complaints, which are already the subject of established European Court case-law, by committees of three judges instead of chambers of seven judges.
The Court, at the request of the Committee of Ministers of the Council of Europe, may issue advisory opinions on legal questions relating to the interpretation of the 1950 Convention and its Protocols.
According to Art. 19 of the Final and Transitional Provisions, the Protocol shall enter into force on the first day of the month following the expiration of three months from the date on which all the High Contracting Parties that have signed the Convention express their consent to be bound by Protocol No. 14 and deposit their instruments of ratification, acceptance or approval for safekeeping by the Secretary General of the Council of Europe. On January 15, 2010, Russia was the last of the 47 countries of the Council of Europe to ratify Protocol No. 14.
The OSCE also has certain monitoring mechanisms for the observance of human rights. Thus, any OSCE member state can ask another member of the organization to provide information on a specific case of human rights violation. A response to such a request must be sent no later than 10 days.
Commissions of OSCE experts may be established at the request of a member state of the organization to consider and possibly assist in solving human rights problems in its territory.
The Board of Governors (formerly the Committee of Senior Officials) of the OSCE, consisting of foreign ministers, participates in resolving contentious issues on the issue of human rights.
In 1992, the post of the OSCE High Commissioner on National Minorities was established. The High Commissioner does not act as an ombudsman, which defends the rights of national minorities and does not investigate individual cases of human rights violations. Its functions include identifying situations of inter-ethnic tension that may pose a threat to peace, security or relations between OSCE participating States, and contributing to their speedy resolution.
On December 20, 1993, the UN General Assembly at its 48th session adopted resolution 48/141 on the establishment of the post of High Commissioner for Human Rights based on the decision of the World Conference on Human Rights (Vienna, 1993). Under this resolution, the High Commissioner for Human Rights is appointed General Secretary UN and is his deputy. He has the status of "UN official" and bears "under the direction and auspices of the Secretary-General, the primary responsibility for the activities of the United Nations in the field of human rights". In fact, the High Commissioner for Human Rights exercises general management of the activities of the UN Center for Human Rights, a structural subdivision of the UN Secretariat.
On July 28, 2008, the General Assembly approved without a vote the proposal of UN Secretary-General Ban Ki-moon to appoint Navanethem Pillay ( South Africa) as the new UN High Commissioner for Human Rights. her four-year term began on September 1, 2008.
From July 1, 2004 to June 30, 2008 Louise Arbour, United Nations High Commissioner for Human Rights (Canada). her predecessor, Sergio Vieira de Mello (Brazil), was killed in the line of duty as head of the UN mission in Iraq in an explosion at the UN office in Baghdad on August 19, 2003.
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