ICCPR and the Human Rights Committee

Helen KellerProfessor, University of Zurich

Oslo, August 18th 2009

Content

I. Historical Development

II. Work of the Human Rights Committee

III. Main Problems

IV. Conclusion and Personal Experience

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Historical Development

1948 Universal Declaration of Human Rights

1966 Adoption of the ICCPR and the First Optional Protocol (individual complaints)

1976 ICCPR entered into force

1989 Adoption of the Second Optional Protocol(entered into force in 1991)

2

Ratification

ICCPR: 164 States

First Protocol: 112 States

Second Protocol: 71 States

3

Composition of the HRC

• 18 experts not representing their States (5 women, 13 men)• regional distribution

Western Europe and North America 7African 5Latin American and Caribbean Countries 3Asia 2Eastern Europe 1

4

Workload of the HRC

1. Examining State Reports

2. Considering Individual Communications

3. Adopting General Comments

5

Workload of the Human Rights Committee (1980-2008)

0

50

100

150

200

250

300

350

400

450

1980 1990 2000 2008

Number ofCommunicationsConsidered

Number ofCommunications Pending

Number of CountryReports Considered

6

Examining Reports

• first report due one year after ratification of the ICCPR• periodic reports every 4-6 years• Report List of issues Constructive dialogue before the Committee• shadow reports by NGOs• concluding observations

7

Considering Individual Complaints

• no formal procedure, a simple letter to the office of the High Commissioner for Human Rights is enough

• no fees, no legal representation required• since the institution of the complaints procedure, some 8,000

communications have been received• no personal appearance, no fact-finding missions• follow-up monitoring

8

Adopting General Comments

• summary of frequent problems either in the process of examining State Reports or Communications

• since 1981, 33 General Comments have been adopted• legal character very disputed

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Main Problems

• Filibustering• Delay, Non-Reporting• Cooperation with NGOs• Standardization (Common Core Document)• Compliance and Follow-up• Backlog of over 400 Communications• Evolutive Interpretation of the ICCPR and the Legitimacy Problem• Human Rights Council

10

Conclusion and Personal Experience

• HRC is not a quasi-supranational institution (like the European Court of Human Rights); in the context of the U.N., it is one of the most successful treaty bodies.

• HRC is in a deep crisis (institutionally, personally and financially)• Personally, the membership is equally challenging and inspiring• The U.N. administration is a Moloch.

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