Julius Byaruhanga (2014). United Nations and Human Rights Promotion and Protection in Africa; Roles,...

United Nations and Human Rights Promotion and Protection in Africa © Julius 2014

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UN-Human Rights Diplomacy

Julius Byaruhanga

[email protected]

United Nations and Human Rights Promotion and Protection

in Africa; Roles, Achievements and Challenges

mailto:[email protected]


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Table of Contents

List of Acronyms .......................................................................................................................................... 3

1.0. Introduction ....................................................................................................................................... 4

1.1. Definition of key terms .......................................................................................................................... 5

1.1.0. Human rights ....................................................................................................................................... 5

1.1.1. United Nations .................................................................................................................................... 5

1.1.2. HRs Protection and promotion ............................................................................................................ 5

1.2 Back ground ............................................................................................................................................ 6

1.2.1. United Nations Universal Declaration of Human Rights (UDHR) ..................................................... 6

1.2.2. Commission of Human Rights ............................................................................................................ 7

2.0. Roles of the UN in HR promotion and protection ................................................................................. 8

2.1. Current registered achievements .......................................................................................................... 10

2.2. Challenges faced in an effort(s) to promote and protect HRs .............................................................. 17

3.0. Analysis of the problem and conclusions ............................................................................................ 20

References ................................................................................................................................................... 22


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List of Acronyms

CARE Cooperative for Assistance and Relief Everywhere

CAT Convention against Torture and Other Cruel, Inhumane or Degrading Treatment

or Punishment

CEDAW Convention on the Elimination of All Forms of Discrimination against Women

CERD Convention on the Elimination of All Forms of Racial Discrimination

DRC Democratic Republic of Congo

HRs Human Rights

HRBA Human Rights Based Approach

ICESCR International Covenant on Economic, Social and Cultural Rights

ICC International Criminal Court

OHCHR Office of the High Commissioner for Human Rights

UDHR Universal Declaration of Human Rights

UN United Nations

UNDP United Nations Development Programme

UNICEF United Nations Children’s Fund


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1.0. Introduction

In the last fifteen years or so, millions of African civilians have lost their lives in wars

characterized by the proliferation of small arms and extreme levels of violence directed against

the civilian population …almost all these conflicts are fuelled by the unregulated international

arms trade and the presence of foreign troops and mercenaries.1 However important also to note

is that; the United Nations (UN) System, international law and the African Union have certainly

all contributed to the establishment of a human rights system in Africa, which has positively and

indispensably impacted on the advancement of human rights and of justice.2 Whereas the United

Nations has tried to put in efforts to promote Human rights through establishment of

institutions/commissions like the UNHRC and UN Security Council among others, violation of

Human Rights across the globe in particular African states has been consistent. It is however

with profound tribute as already sated to acknowledge the fact that the UN has tried to play an

enormous role in trying to put to end the scourge of human rights violations not only on African

Continent but across the world though due to some unavoidable circumstances some of such

efforts have been futile. In this paper therefore, I will try to point out a number of UN roles

already played in highlighting the achievements through certain institutions on human Rights,

challenges being faced or so far faced and possible solutions to challenges. I will dwell more on

human rights promotion efforts by the UN and obstacles being met/faced. In this paper however,

I will base more on the definition of Human rights by the United Nations officer of the High

Commissioner for Human Rights; “…Human rights are rights inherent to all human beings,

whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion,

language, or any other status… We are all equally entitled to our human rights without

discrimination… These rights are all interrelated, interdependent and indivisible…”3

1 Amnesty International and CODESRIA (2000) Monitoring and Documenting Human Rights Violations

in Africa; A Handbook. Council for the Development of Social Science Research in Africa, Printed in

Great Britain by Russell Press Ltd, Basford

2 Anton Bösl and Joseph Diescho (Ed) 2009. Human Rights in Africa, Legal Perspectives on their

Protection and Promotion, Konrad-Adenauer-Stiftung, Macmillan Education Namibia, Windhoek,

Namibia:vii 3 United Nations Human Rights; Officer of the High Commissioner for Human Rights; What are Human

Rights? http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx (Accessed 03/12/2013)

http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx


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Major concepts are; Human Rights, United Nations, Office of the High Commissioner for

Human Rights and Human Rights protection and promotion.

1.1. Definition of key terms

1.1.0. Human rights

According to Dan, a human right is quintessentially general and thus ‘universal’ in character

implying that all human beings enjoy it and consequently it is a ‘fundamental’ right4. He goes

ahead to argue that. Many international and National Organisations and Institutions have come

up with various definitions of HRs however, in general terms HRs are inherent rights of human

beings. According to office of the UNHCHR, Human rights are rights inherent to all human

beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour,

religion, language, or any other status.

1.1.1. United Nations

The United Nations (UN) is an intergovernmental organisation established on 24 October 1945

to promote international cooperation. A replacement for the ineffective League of Nations, the

organisation was created following World War II to prevent another such conflict. The Charter

of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the

United Nations Conference on International Organization, and came into force on 24 October

1945.5

1.1.2. HRs Protection and promotion

By Human Rights protection and promotion I refer to efforts put in place by the UN to ensure

that Human rights are not violated by any actors on civil, political, economic, social and cultural,

and development grounds but also ensuring that the victims of human rights violations are

4 Banik, Dan(2010) 'Support for human rights-based development: reflections on the Malawian

experience', The International Journal of Human Rights, 14: 1, 34-50 5 Charter of the United Nations http://www.un.org/en/documents/charter/intro.shtml

http://en.wikipedia.org/wiki/Intergovernmental_organisation

http://en.wikipedia.org/wiki/League_of_Nations

http://en.wikipedia.org/wiki/World_War_II

http://www.un.org/en/documents/charter/intro.shtml


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offered Justice by putting the perpetuators to justice. HRs promotion and protection has much to

do with; analyzing the underlying power relations and the root causes of discrimination; ensuring

that both the process and the concrete poverty reduction targets are consistent with international

human rights standards; ensuring close links between macroeconomic design, sectoral initiatives,

and ‘governance’ components and principles such as transparency and accountability; ensuring a

basic standard of civil and political rights guarantees for active, free and meaningful

participation, including freedom of information and freedom of association; identifying

indicators and setting benchmarks so that the progressive realization of economic and social

rights can clearly be monitored.

1.2 Back ground

1.2.1. United Nations Universal Declaration of Human Rights (UDHR)

“…On 10 December 1948, the Universal Declaration of Human Rights was proclaimed and

adopted by the General Assembly. The extraordinary vision and determination of the drafters

produced a document that for the first time set out universal human rights for all people in an

individual context. Now available in more than 360 languages, the Declaration is the most

translated document in the world…6”. The Universal Declaration of Human rights was passed

based on the United Nation’s commitment to “…upholding, promoting and protecting the human

rights of every individual. This commitment stems from the United Nations Charter, which

reaffirms the faith of the peoples of the world in fundamental human rights and in the dignity and

worth of the human person…7”. Based on this brief background therefore, there is no doubt that

the UN has tried to put in place measures in terms to laws to ensure that individual human rights

are protected though not withstanding the possible challenges that come along and jeopardize the

implementation of such laws. After its’ enactment, the UDHR did not save the world from

traumatic wars such as that in Vietnam, and it did not prevent countries emerging from colonial

6 United Nations, Universal Declaration of Human Rights, 60

th Anniversary Special Edition 1948-2008:

iii 7 United Nations, Universal Declaration of Human Rights: vii


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rule from falling into the trap of domestic conflicts that caused the death of millions8 among

many other like fascist rule in Greece, Portugal and Spain after the end of fascism in Germany

and Italy.

1.2.2. Commission of Human Rights

The Commission on Human Rights is a subsidiary body of the Economic and Social Council

which was established under Article 68 if the Charter of the United Nations to promote Human

Rights. “...The Economic and Social Council shall set up commissions in economic and social

fields and for the promotion of human rights, and such other commissions as may be required for

the performance of its functions...9”. “...In 1946 in its first meeting, the Economic and Social

Council established two functional commissions, one on human rights and the other on the status

of women. It was decided that these commissions would be composed of State representatives

and the Commission on Human Rights is now composed of 53 States elected by the Economic

and Social Council...10

”.

Office of the High Commissioner for Human Rights (OHCHR) fulfils the principal United

Nations office mandated to promote and protect human rights for all. OHCHR leads global

human rights efforts speaks out objectively in the face of human rights violations worldwide.

The office also provides a forum for identifying, highlighting and developing responses to

today's human rights challenges, and act as the principal focal point of human rights research,

education, public information, and advocacy activities in the United Nations system.11

The High

Commissioner for Human Rights (OHCHR) also provides assistance to Governments, such as

expertise and technical trainings in the areas of administration of justice, legislative reform, and

8 Anton Bösl and Joseph Diescho (Ed) 2009: 4

9 Charter of the United Nations Article 68

10

UN Office of High Commissioner for Human Rights, No. 27. Seventeen Frequently Asked Questions

about United Nations Special Rapporteurs

http://www.ohchr.org/EN/PublicationsResources/Pages/OHCHRArchives.aspx (accessed 04/12/13): 2 11

See; UN Office of the High Commissioner for Human Rights; “What we do”

http://www.ohchr.org/EN/AboutUs/Pages/WhatWeDo.aspx

http://www.ohchr.org/EN/Countries/Pages/TechnicalCooperationIndex.aspx

http://www.ohchr.org/EN/PublicationsResources/Pages/OHCHRArchives.aspx



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electoral process, to help implement international human rights standards on the ground. The

office also assists other entities with responsibility to protect human rights to fulfil their

obligations and individuals to realize their rights.12

Before the above however, more important is

also that; the Human Rights Council was created with the aim of ensuring effective enjoyment

by all of all human rights, civil, political, economic, social and cultural rights, including the right

to development, and that the Council is responsible for promoting universal respect for the

protection of all human rights and fundamental freedoms for all, without distinction of any kind

and in a fair and equal manner13

. However, OHCHR has a number of other roles, responsibilities

and achievements as it will be identified in details below.

2.0. Roles of the UN in HR promotion and protection

The United Nations through responsible commissions and or offices and with guidance of certain

resolutions and convections as identified above has a number of roles it plays in an effort to

promote and protect Human Rights across the globe. However, for purposes of this paper, I will

dwell more on UN roles and achievements mostly in Africa though I may pick some examples

from other continents. In this section, I will try to identify the mandates on a wide range of

issues relating to civil, cultural, economic, political and social rights and responsibilities of the

United Nations as per the resolutions and Conventions passed in HR promotion and protection.

The United Nations has three major important roles which are a hinge to all its roles and

achievements in an effort to promote human rights across the globe. (OHCHR Official website)14

The United Nations through OHCHR has tried to build and strengthen partnerships at country

grass root levels in an effort to promote Human Rights.15

The OHCHR works with Governments,

civil society, national human rights institutions and other United Nations entities and

12

Ibid 13

United Nations A/RES/65/281, General Assembly, Resolution adopted by the General Assembly on 17

June 2011, 65/281. Review of the Human Rights Council: 1 14

See; United Nations Human Rights; Officer of the High Commissioner for Human Rights;

http://www.ohchr.org/EN/AboutUs/Pages/WhatWeDo.aspx 15

Ibid



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international organizations, such as the International Labour Organization, the Office of the High

Commissioner for Refugees, the United Nations Children's Fund, United Nations Educational,

Scientific and Cultural Organization, the International Criminal Court, specialized criminal

tribunals, such as the ones for former Yugoslavia and for Rwanda, established by the Security

Council, and the World Bank in their efforts to promote and protect human rights.16

Such

partnerships have culminated into a number of enormous achievements in its efforts to promote

Human Rights mainly in war affected areas like Somalia, Northern Uganda and Democratic

Republic of Congo among others. In such partnerships, the OHCHR offers funding and at times

grants to certain Civil Society organisations whose objectives are to promote human rights and or

offer Humanitarian services.

It is also important to acknowledge the fact that the UN OHCHR does Implementation on the

ground in matter to do with HR promotion. The Office works to ensure the implementation of

international human rights standards on the ground through greater country engagement and

its field presences. Over the years, OHCHR has also increased its presence in the field, reaching

out to the people who need it the most. Field offices and presences play an essential role in

identifying, highlighting, and developing responses to human rights challenges, in close

collaboration with governments, the United Nations system, non-governmental organizations,

and members of civil society. Among these responses are monitoring human rights situations on

the ground and implementing projects, such as technical trainings and support in the areas of

administration of justice, legislative reform, human rights treaty ratification, and human rights

education, designed in cooperation with member States.

“...The UN OHCHR also sets standards and monitors aspects to do with HRs violations. Their

method of work focuses on three major dimensions: standard-setting, monitoring, and

implementation on the ground. OHCHR works to offer the best expertise, and substantive and

secretariat support to the different United Nations human rights bodies as they discharge their

standard-setting and monitoring duties. OHCHR, for example, serves as the Secretariat of

the Human Rights Council. The Council, consisting of State representatives, is the key United

Nations intergovernmental body responsible for human rights...”17

“...OHCHR also supports the

16

Ibid 17

Ibid


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work of special procedures including special rapporteurs, independent experts, and working

groups appointed by the Council to monitor human rights in different countries or in relation to

specific issues. It also assists these independent experts as they carry out visits to the field,

receive and consider direct complaints from victims of human rights violations, and appeal to

governments on behalf of victims.

Another example of the standard-setting and monitoring dimensions of UNHCHR’s work is the

legal research and secretariat support it provides to the core human rights treaty bodies. These

committees of independent experts are mandated to monitor State parties' compliance with their

treaty obligations. They meet regularly to examine reports from State parties and issue their

recommendations...”18

for example in one of the UN Security Council Resolutions “20

November 2012 S/RES/2076” on Democratic Republic of Congo, The Council condemned the

M23’s actions and external support given to the group and expressed its intention to consider

additional targeted sanctions against the leadership of the M23 and those providing it with

external support19

. I quote “Calling for all perpetrators, including individuals responsible for

violence against children and acts of sexual violence, to be apprehended, brought to justice and

held accountable for violations of applicable international law”20

. The concern expressed by the

UN Security Council in regard to Human Rights, clearly shows the commitment and

togetherness and interlinks of all UN bodies in an effort to promote HRs.

2.1. Current registered achievements

It is therefore with profound importance to highlight some of the achievements the United

Nations has been able to realize through the responsible commissions and other bodies in an

effort to promote and protect HRs in Africa.

18

Ibid 19

United Nations S/RES/2076 (2012), Security Council Distr. General Assembly, Resolution 2076 (2012)

Adopted by the Security Council at its 6866th meeting, on 20 November 2012

20

Ibid


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Institutional and legal mechanisms have been one of the most important achievements registered

by the UN in as far as promotion and protection of HRs is concerned. Creation of International

courts and tribunals is one of the UN’s achievements in an effort to promote and protect HRs.

For example, the International Court of Justice (ICJ) is the principal judicial organ of the United

Nations (UN) which was established in June 1945 by the Charter of the United Nations and

began work in April 1946.21

The court among many cases for example has tried and resolved a

case on Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v.

Uganda)22

. In the same case, the court Found that “…the Republic of Uganda, by the conduct of

its armed forces, which committed acts of killing, torture and other forms of inhumane treatment

of the Congolese civilian population, destroyed villages and civilian buildings, failed to

distinguish between civilian and military targets and to protect the civilian population in fighting

with other combatants, trained child soldiers, incited ethnic conflict and failed to take measures

to put an end to such conflict; as well as by its failure, as an occupying Power, to take measures

to respect and ensure respect for human rights and international humanitarian law in Ituri district,

violated its obligations under international human rights law and international humanitarian

law;…”23

among many other crimes like rooting of resources by Ugandan soldiers that were

committed. In bid to resolve the case, the court found that …the Republic of Uganda was under

obligation to make reparation to the Democratic Republic of the Congo for the injury caused;

….and decided that, failing agreement between the Parties, the question of reparation due to the

Democratic Republic of the Congo shall be settled by the Court, and reserves for this purpose the

subsequent procedure in the case.24

The UN Security Council as well has referred a number of

cases related to HRs violations to the International Criminal Court as one of its mandates. Other

legal mechanisms as already stipulated above include the UN Convention on HRs and

institutional mechanisms like the creation OHCHR.

21

International Court of Justice, “The Court” http://www.icj-cij.org/court/index.php?p1=1 (seen 14th

January 2014)

22

International Court Of Justice, Press Release 19 December 2005 No. 2005/26 “Armed Activities on

the Territory of the Congo (Democratic Republic of the Congo v. Uganda)” Peace Palace, Carnegieplein

2, 2517 KJ The Hague, Netherlands Website: www.icj-cij.org

23

International Court Of Justice, Press Release 19 December 2005: Pg 2

24

International Court Of Justice, Press Release 19 December 2005 Pg 2

http://www.icj-cij.org/court/index.php?p1=1


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The UN in an effort to promote and protect HRs tries to promote reconciliation and

accountability. A case in point is the UN role in promoting reconciliation and accountability in

Sri Lanka. During the mission, which included field visits to Jaffna, Killinochchi, Mullaitivu and

Trincomalee, HE President Mahinda Rajapaksa was called on by the UN official(s) and held

discussions with senior members of the Government, opposition political parties, the judiciary

and bar, Human Rights Commission, civil society, United Nations Country Team and diplomatic

community25

. According to the Report, the majority of people who were internally displaced at

the end of the armed conflict had by that time returned or been resettled, although thousands of

persons displaced before 2008-9 were still awaiting return, and many of the returnees she met

were facing difficulties resuming their livelihoods. It was also reported that the Government had

invited the Special Rapporteur on the human rights of internally displaced persons to further

assess the issues. Those along with the then planned work on a Joint Needs Assessment were to

help define actions for durable solutions for all displaced people (Human Rights Council 25

September 2013: 2). Important to note is that this is one case among many others of similar or

related nature that the UN has tried to handle in conflict truck areas across Africa. More so, in

instances where the UN has not directly taken part, it has called on Heads of State(s) in the

neighbouring countries to hold/facilitate peace talks. A case in point is the DRC conflict where

the UN Secretary General called on the President of the Republic of Uganda to facilitate Peace

Talks between the DRC Government and the M23 Rebels whose results have led to some level

of stability. Such deliberate actions by the UN are intended among many other reasons to protect

the rights of human beings in such areas.

It has also been part of the UN to voice out concerns related to HRs violations on behalf of the

victims most importantly in a bid to shape member state legislations that intend to directly or

indirectly negatively affect HRs. For example, on 14 January 2014 the UN High Commissioner

for Human Rights Navi Pillay voiced her alarm at a “draconian” new law in Nigeria that further

criminalizes lesbian, gay, bisexual and transgender (LGBT) people, organizations and activities,

25

See; Human Rights Council 25 September 2013, Twenty-fourth session, Annual report of the United

Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and

the Secretary-General, “Oral update of the High Commissioner for Human Rights on promoting

reconciliation and accountability in Sri Lanka”, A/HRC/24/CRP.3/Rev.1


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as well as people who support them.26

In her remarks the UNHCHR Boss said; “Rarely have I

seen a piece of legislation that in so few paragraphs directly violates so many basic, universal

human rights, Rights to privacy and non-discrimination, rights to freedom of expression,

association and assembly, rights to freedom from arbitrary arrest and detention: this law

undermines all of them.” said High Commissioner for Human Rights Navi Pillay.27

This is one

and most recent among many other concerns and recommendations that have been made by the

UN in an effort to promote HRs on the African Continent.

Through its Legal mechanisms and conventions, many African states and other states across the

globe have adopted such conventions though not obligations in arguing out cases related to HRs

violations. A case in point is the United Nations UDHR. It became a powerful platform to argue

cases of concern and build an ethical code from which to launch the development of human

rights instruments (Anton and Joseph (Ed) 2009). Some exemplary achievements include the

Covenant on Economic and Cultural Rights; the Covenant on Civil and Political Rights; the

Convention on the Prevention and Punishment of the Crime of Genocide; the Convention on the

Elimination of all Forms of Discrimination against Women; the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment; and the Convention on the Right of the Child

(ibid: 5). No wonder , the Universal Declaration of Human Rights and other international human

rights instruments guide all development cooperation and programming in all sectors and in all

phases of the programming process. This therefore among others in enough proof to show how

the United Nations UDHR has been successful in as far as promotion and protection of HRs is

concerned.

In addition, the United Nations has also tried to promote HRs education among all the member

states an achievement that has seen many nationals most especially in Africa get acquainted to

HRs. Important is that unless someone knows what his/r rights are, it becomes rather challenging

26

UN News Centre, 14th January 2014 “UN human rights chief denounces ‘draconian’ anti-

homosexuality law in Nigeria,

http://www.un.org/apps/news/story.asp?NewsID=46923&Cr=lesbian&Cr1=&ocid=socialflow_twitter_afr

ica#.UtWWDxV4JZw (seen 14th January 2014)

27

UN News Centre, 14th January 2014

http://www.un.org/apps/news/story.asp?NewsID=46923&Cr=lesbian&Cr1=&ocid=socialflow_twitter_africa#.UtWWDxV4JZw

http://www.un.org/apps/news/story.asp?NewsID=46923&Cr=lesbian&Cr1=&ocid=socialflow_twitter_africa#.UtWWDxV4JZw


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to either demand or feel the importance of such rights. Therefore, that clearly justifies the

importance of HRs education. For example according to (Anton and Joseph (Ed) 2009) children

have a right to education, but the education that they ought to receive is not ideologically neutral:

it is compelled to include education on human rights. This gives them not only the required

knowledge to understand what they ought to receive or exercise as their right but also what is

ought not to be done to them that will infringe on their rights. Article 26(1 and 2) of the UDHR

placed human rights education in the centre of human development;

(1) Everyone has the right to education. Education shall be free, at least in the

elementary and fundamental stages. Elementary education shall be compulsory.

Technical and professional education shall be made generally available and higher

education shall be equally accessible to all on the basis of merit.28

(2) Education shall be directed to the full development of the human personality and to

the strengthening of respect for human rights and fundamental freedoms. It shall

promote understanding, tolerance and friendship among all nations, racial or

religious groups, and shall further the activities of the United Nations for the

maintenance of peace.29

As clearly identified, while Article 26(1) deals with education as a general human right, Article

26(2) makes the development of the human personality and the strengthening of respect for

human rights and fundamental freedoms part of the content of human rights education. Education

as a fundamental human right cannot be any education... its content, says the UDHR, ought to be

built on a substantive understanding of the dignity of all human beings and an appreciation of the

rights and freedoms to which human beings are entitled.30

In a more elaborate way of Article 26

of UDHR, the ICESCR sees education as a process of developing the person to become a moral

agent who accepts his/her own dignity, respects the rights of others, and has the ability to

participate in a free society and contributes to peace (see; Anton and Joseph (Ed) 2009 and

International Covenant on Economic, Social and Cultural Rights Article 13).

28

Universal Declaration of Human Rights, Special Edition 1948-2008: Article 26 (1) 29

Universal Declaration of Human Rights, Special Edition 1948-2008: Article 26 (2)

30

Anton Bösl and Joseph Diescho (Ed) 2009: 54


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The States Parties to the present Covenant recognize the right of everyone to education.

They agree that education shall be directed to the full development of the human

personality and the sense of its dignity, and shall strengthen the respect for human rights

and fundamental freedoms. They further agree that education shall enable all persons to

participate effectively in a free society, promote understanding, tolerance and friendship

among all nations and all racial, ethnic or religious groups, and further the activities of

the United Nations for the maintenance of peace.31

More important in this case however is that; as African countries gained independence from the

colonial rule, one by one they signed and became part of quite a number of International

conversions on Human Rights. Some 94% of all African countries have ratified the ICCPR

compared with 82% globally, For the ICESCR, the figures are 91% (Africa) to 80% (global),

For the Convention on the Elimination of All Forms of Discrimination against Women

(CEDAW), it is 96% to 90%, For the Convention against Torture and Other Cruel, Inhumane or

Degrading Treatment or Punishment (CAT), it is 79% to 74%, For the Convention on the Right

of the Child, it is 98% to 99%, and For the Convention on the Elimination of All Forms of

Racial Discrimination (CERD), 92% of all African countries have ratified the treaty compared

with 89% globally.32

However, as one may have experienced or noted, ratification on most

occasions has not guaranteed fully protection of HRs though one can argue that it puts the states

to task and obligation to protect such rights.

On most occasions mostly in conflict struck areas/countries, the UN has helped together with

National leadership in development of post conflict human rights protection roadmaps. This is

one of the efforts and achievements so far registered in an effort to prevent further undermining

of HRs in such areas. A case in point among many others is in Somalia. Since presenting his

ninth report to the Human Rights Council (A/HRC/21/61) in September 2012, the Independent

Expert on the situation of human rights in Somalia was working with the Federal Government of

Somalia to develop a post-transition human rights road map for the country. Towards that end,

31

International Covenant on Economic, Social and Cultural Rights Article 13 (1)

32

See; Anton Bösl and Joseph Diescho (Ed) 2009: 58


16

the first draft of the road map with the Government in early 2013 was shared.33

Such roadmaps

help in protecting more of HRs violations in states/countries faced with conflict but also directly

or indirectly contribute to healing process hence reconciliation process.

It is also important to note that the UN through the UN Security Council has played an enormous

role in trying to bring justice to HRs violation perpetuators and offering justice to victims. This

has been done through referring suspects of war crimes against humanity to the ICC for

prosecution. For example in September 2004, the UN Security Council established an

International Commission of Inquiry (hereinafter the Commission) on Darfur under Resolution

1564...the mandate and terms of reference of the Commission were to investigate reports of

violations of international humanitarian law and human rights by all belligerent parties. March

2005, responding to the Commission’s report and recommendations, the UN Security Council,

through Resolution 1593, referred the situation in Darfur to the ICC Prosecutor. Following this

referral, the ICC Prosecutor received the document archive of the Commission of Inquiry, and in

June 2005, the court initiated its own investigation in Darfur. Two years later, the ICC issued

arrest warrants for a former Sudanese Government minister and a former leader of the Janjaweed

militia in Darfur (see; Anton and Joseph (Ed) 2009:120). This alongside other prosecutions done by

the ICC independently has not only helped to instil hope in war crimes and crimes against

humanity victims but also in one way or the other protected the rights of such victims.

The UN Peace keeping missions in war zones have also contributed significantly in protecting

rights of the civilian populations. Amidst a number of conflicts and civil wars in Africa, the local

civilian population have always faced a number of challenges and difficulties more of which are

HRs related. Such among others include deaths, loss property, torture, rape, displacement, lack

of basic needs of life including drinking water and child soldiers among many others. The

conflicting parties have always ignored kinds of such and moved on with fights/wars. Cases in

point include but not limited to; the LRA Rebel group and Ugandan government that lasted for

20 years, wars in Somalia, DRC, Central African Republic, Sudan and South Sudan, Sierra Leon

Genocide of Rwanda and the Apartheid of South Africa in 1990s among many others. However, 33

See; United Nations, General Assembly (A/HRC/24/40, 16 August 2013), Human Rights Council, Twenty-fourth session “Agenda item 10, Technical assistance and capacity-building” Report of the Independent Expert on the situation of human rights in Somalia, Shamsul Bari


17

in situations like such, the UN Peace keeping missions have most of the times been the “rescue

boat” and always on civilian side to protect them from such catastrophes mentioned above.

Examples of some of the UN Missions include among many others; United Nations Operation in

the Congo of July 1960, United Nations Assistance Mission for Rwanda of October 1993 to

March 1996, United Nations Observer Mission in Angola of June 1997 to February 1999,

United Nations Observer Mission Uganda-Rwanda June 1993 to September 1994, United

Nations Mission in Sierra Leone of October 1999 to December 2005, United Nations

Organization Mission in the Democratic Republic of the Congo of November 1999 to June 2010,

United Nations Mission in the Sudan from March 2005 to July 2011 and United Nations

Organization Stabilization Mission in the Democratic Republic of the Congo from July 2010 to

present34

among many others.

2.2. Challenges faced in an effort(s) to promote and protect HRs

It is also important to acknowledge the fact that in an effort to promote and protect HRs, the UN

faces a number of challenges and resistances not only causes by external factors but also internal.

Such challenges may vary from the countries in question, geographical locations or forms of

interventions.

Whereas the UN has tried to promote HRs in some countries with in Africa, it has faced some

resistance from some conflicting parties and at times even heads of states and other parties.

Sometimes teams of UN experts have faced a challenge of being “burned out” and denied some

information. A case in point is the current Peace Talks going on in South Sudan conflict. Even

when the peace talks are ongoing, conflict is also still going on.

Important to note also is that; the promotion of Human Rights and the concept of state

sovereignty have been fundamentally opposed… the rights of states and the 1648 Peace of

Westphalia pitted against the right of the individual and the 1969 Universal Declaration of

Human Rights…the very definition of sovereignty entitles states to non-intervention in their

34

UN, List of Peacekeeping Operations 1948 – 2013,

http://www.un.org/en/peacekeeping/documents/operationslist.pdf (seen 16/01/14)

http://www.un.org/en/peacekeeping/documents/operationslist.pdf


18

domestic affairs.35

In the same factor, UN is not an exception. On most occasions the best it can

do is openly criticize the some acts related to HRs violations but in instances where the State

remains adamant little or nothing is done to stop it unless if it is to the extreme. But also when it

comes to coercive power of the state for instance regulation of demonstrations and strikes, the

UN has always had less to do even when there are reasonable levels of HRs violations like

killing or injuring of demonstrating civilians by state Police or other security organs or even

completely denying them a right to assembly.

There has also been a challenge of protecting victims mainly those who need to provide the

necessary information. “…Whatever we may say about tomorrow, the person faced with torture,

arbitrary or summary execution, being made to disappear involuntarily, or the women who are

subject to violence, need protection today…the challenge of human rights protection is

immediate and pressing…”36

. More to protection, the UN more so UNHCHR faces technical

challenges when it comes to reallocating the victims of HRs violations into refugee camps but

also faces a big challenge when it comes to providing some essential needs like drinking water,

medication, shelter, education for young kids and food among others. Hence even when people

are helped to run away from war zones they still starve and are denied some of the basic rights.

Hence, protection of victims from minor and big sicknesses has always been a big problem in as

far as protection of HRs is concerned.

When it comes to promotion of HRs and HRs violation research, there is always a challenge of

lack of access to information or to the areas where the violations took place For instance, in war

situations, the perpetrators hide all evidence or traces of human rights violations, such as: mass

killings and burials, “disappearances”…the researchers may not be able to go to the scene

35 Adam Hall (2010), The Challenges to State Sovereignty from the Promotion of Human Rights,

University of Reading. http://www.e-ir.info/2010/11/17/the-challenges-to-state-sovereignty-from-the-promotion-of-human-

rights/ (seen; 16/01/2014) 36

Address of Bertrand Ramcharan, Acting High Commissioner for Human Rights at the Opening of the

Sub-Commission on the Promotion and Protection of Human Rights Palais des Nations, 28 July, 2003

http://www.e-ir.info/2010/11/17/the-challenges-to-state-sovereignty-from-the-promotion-of-human-rights/

http://www.e-ir.info/2010/11/17/the-challenges-to-state-sovereignty-from-the-promotion-of-human-rights/


19

because of security concerns (for instance, presence of landmines)37

. Even when the UN has tried

mainly through use of Rescue and Peace keeping Missions, most of the times there have been

resistance and at times death or neglect due to fear of death.

In a capitalistic world where there are high levels of inequality having the most rich and most

poor is an inevitable factor. In promotion and protecting HRs there has and is a big challenge of

poverty. Whereas it is stated in the UDHR that “All human beings are born with equal and

inalienable rights and fundamental freedoms” one cannot run from the fact that some people are

more equal than others. Children born from rich families can never be compared to or be said to

be equal to those born in very poor families that don’t earn even one US Dollar a day. Whereas

Human rights are for all of God's children, the poor and the rich and whatever the shade of a

person's skin-colour, today, millions of people suffer from deprivation, indignity and wastage

because of endemic poverty. Their causes are diverse, domestic and international. Whereas the

quality of governance in many instances is said to be the root cause, financial or economic

capacity of the state to take care of her citizens and performance of the international economic

system are the bigger problems. The human rights approach to poverty reduction is based on a

simple belief that if a society pursues democratic governance under the rule of law, and if the

society strives to live by the precepts of the Universal Declaration, people will have better life-

chances and would be able to come out of the spiral of poverty. However, the level at which the

poor can compete in a capitalistic environment is more minimal than it may be thought to be.

Confidentiality problem; important to note is that individuals who provide human rights

organisations with vital information on human rights violations have been the victims of

violations themselves, have witnessed violations or are at risk of becoming such victims.

Whereas confidentiality is a precaution to prevent contacts from being (further) harmed for

having passed information to you, most of the times people have still feared to provide the

necessary information. This has always been due to a number of reasons ranging from fear to be

spied on, less protection from the HRs violations research teams among others. This does not

37 Amnesty International and CODESRIA (2000), Monitoring and Documenting Human Rights

Violations in Africa; A Handbook, Council for the Development of Social Science Research in Africa,

Avenue Cheikh Anta Diop Angle Canal IV, BP 3304 Dakar, Senegal: 34


20

only hinder access to first hand information but also leads to acceleration of HRs abuses because

facts are not identified.

The above therefore and many other technical challenges ranging from- economic hardship,

repressive legal regime, labelling, logistical problems, poverty, lack of access to information,

being “burned out” and risks to personal security, are some of the cross-cutting challenges faced

by not only the UN but also many other HRs promoting NGOs, International Organisations and

Civil Society groups not only in Africa but across the globe.

3.0. Analysis of the problem and conclusions

Having identified some of the roles played and expected to be played by the United Nations

through its agencies, departments and commissions in promoting HRs, there is no doubt that

efforts to promote and protect HRs have been institutionally and legally put in place. However,

the question has always been; to what extent have those efforts been successful? I may not have

been able to provide a clear answer or may be provided an answer partly but one would argue

that maximum success has not yet been achieved though some successes have been registered.

HRs promotion and protection as one may understand is rather a challenging task due to a

number of unavoidable reasons. However important is that; most of the times realities have been

denied and covered up by certain actors in trying to promote HRs.

The legal approach by the UN to protect and promote HRs has to one extent been successful in a

way but as seen above on some occasions it has not worked. The question on the same has

always been; whereas the UN can make laws, conventions and Treaties, to what extent is it able

to influence the parties (nation states) to implement them? Well, there is of course no doubt that

the UN tries its best to do so. However, the fact that on most occasions some efforts have failed

due to certain reasons cannot be disputed. As categorically stated above, there is always a war

between sovereignty of states and HRs protection and promotion. In instances where states claim

to be sovereign and free from external influence is at that point that HRs are miserably violated.

It has always been on several occasions where HRs have been openly abused not only in Africa

but across the world in the name of “protecting the state”. It is therefore on the same point that


21

UN has always looked at to be a toothless dog, not that it has nothing to do about it but because it

must protect the sovereignty of the state.

Thirdly, it has always been clear that the best way to handle a problem is to get to know the root

cause then deal with the root cause of the problem. However, in trying to promote and protect

HRs, on most occasions the root causes of HRs violation problems have been ignored hence

leading to accelerated violations. First of all one of the major root causes are high levels of

inequality where few individuals control states and the very poor cannot access even basic needs.

Hence, unless poverty and inequality is reduced to a certain level, it will look to be a nightmare

saying you are promoting and protecting HRs. Secondly, is egocentric and selfish nature of

certain actors (political and private) in affairs of the states. Such among others contribute much

to accelerating civil wars and to surprise of many most of which are funded or geared by actors

not expected to do so. Hence unless clear legal and coercive mechanisms to stop such are put in

place, promoting and protecting HRs will always look like “postmortem”. Lastly is the economic

imbalances across the world is one among many other root causes of HRs violations. There is no

doubt that the more you have as a state the more you are able to offer for example in social

welfare. However, when one goes to developing states in Africa, social welfare is never heard of.

Kids, mother and the elderly population suffer due to lack of basic needs and this has led to

subjecting kids to forced labour and neglect of education some of which are the basic HRs.

Therefore to conclude, HRs promotion and protection is not only the role of the UN and other

HRs related Organisations either national or international but a collective role. Each party is

expected to take part either individually or institutionally. Most of all, the UN however has an

upper role to play in as far as protection and promotion of HRs in Africa is concerned. Therefore,

working with not only institutions but also certain individual actors could be one of the solutions

to a long lasting problem of HRs violations. More to that, protection of HRs cannot only be done

peacefully hence at times long lasting civil wars on the continent may require the willingness to

use force. However, this can only be possible if there is both national and international

cooperation.


22

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