United Nations and Human Rights Promotion and Protection in Africa © Julius 2014
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UN-Human Rights Diplomacy
Julius Byaruhanga
United Nations and Human Rights Promotion and Protection
in Africa; Roles, Achievements and Challenges
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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)
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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
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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
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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
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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
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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
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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
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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)
United Nations and Human Rights Promotion and Protection in Africa © Julius 2014
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
United Nations and Human Rights Promotion and Protection in Africa © Julius 2014
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
United Nations and Human Rights Promotion and Protection in Africa © Julius 2014
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
United Nations and Human Rights Promotion and Protection in Africa © Julius 2014
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.
United Nations and Human Rights Promotion and Protection in Africa © Julius 2014
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