Charter-Based System: Ensuring Human Rights and International Cooperation

1. Durchsetzung im Rahmen der Vereinten Nationen (‘charter-based system‘) Präambel WIR, DIE VÖLKER DER VEREINTEN NATIONEN - FEST ENTSCHLOSSEN, künftige Geschlechter vor der Geißel des Krieges zu bewahren, die zweimal zu unseren Lebzeiten unsagbares Leid über die Menschheit gebracht hat, unseren Glauben an die Grundrechte des Menschen, an Würde und Wert der menschlichen Persönlichkeit, an die Gleichberechtigung von Mann und Frau sowie von allen Nationen, ob groß oder klein, erneut zu bekräftigen,(...)

2. Art. 1 UN-Charta Die Vereinten Nationen setzen sich folgende Ziele: (...) (3) eine internationale Zusammenarbeit herbeizuführen, um internationale Probleme wirtschaftlicher, sozialer, kultureller und humanitärer Art zu lösen und die Achtung vor den Menschenrechten und Grundfreiheiten für alle ohne Unterschied der Rasse, des Geschlechts, der Sprache oder der Religion zu fördern und zu festigen;

3. Art. 55 UN-Charta Um jenen Zustand der Stabilität und Wohlfahrt herbeizuführen, der erforderlich ist, damit zwischen den Nationen friedliche und freundschaftliche, auf der Achtung vor dem Grundsatz der Gleichberechtigung und Selbstbestimmung der Völker beruhende Beziehungen herrschen, fördern die Vereinten Nationen (...) c) die allgemeine Achtung und Verwirklichung der Menschenrechte und Grundfreiheiten für alle ohne Unterschied der Rasse, des Geschlechts, der Sprache oder der Religion. Art. 56 UN-Charta Alle Mitgliedstaaten verpflichten sich, gemeinsam und jeder für sich mit der Organisation zusammenzuarbeiten, um die in Artikel 55 dargelegten Ziele zu erreichen.

4. Art. 13 UN-Charta (1) Die Generalversammlung veranlasst Untersuchungen und gibt Empfehlungen ab, a) um die internationale Zusammenarbeit auf politischem Gebiet zu fördern und die fortschreitende Entwicklung des Völkerrechts sowie seine Kodifizierung zu begünstigen; b) um die internationale Zusammenarbeit auf den Gebieten der Wirtschaft, des Sozialwesens, der Kultur, der Erziehung und der Gesundheit zu fördern und zur Verwirklichung der Menschenrechte und Grundfreiheiten für alle ohne Unterschied der Rasse, des Geschlechts, der Sprache oder der Religion beizutragen.

5. Art. 62 UN-Charta • Der Wirtschafts- und Sozialrat (...) • Er kann Empfehlungen abgeben, um die Achtung und Verwirklichung der Menschenrechte und Grundfreiheiten für alle zu fördern. Art. 68 UN-Charta Der Wirtschafts- und Sozialrat setzt Kommissionen für wirtschaftliche und soziale Fragen und für die Förderung der Menschenrechte sowie alle sonstigen zur Wahrnehmung seiner Aufgaben erforderlichen Kommissionen ein.

6. Art. 76 UN-Charta Im Einklang mit den in Artikel 1 dieser Charta dargelegten Zielen der Vereinten Nationen dient das Treuhandsystem hauptsächlich folgenden Zwecken: (...) c) die Achtung vor den Menschenrechten und Grundfreiheiten für alle ohne Unterschied der Rasse, des Geschlechts, der Sprache oder der Religion zu fördern und das Bewusstsein der gegenseitigen Abhängigkeit der Völker der Welt zu stärken; (...)

7. MenschenrechtsratKofi Annan, In larger freedom: towards development, security and human rights for all, Report of the Secretary-General, UN Doc. A/59/2005 Proposed Human Rights Council “181. The Commission on Human Rights has given the international community a universal human rights framework, comprising the Universal Declaration on Human Rights, the two International Covenants[ and other core human rights treaties. During its annual session, the Commission draws public attention to human rights issues and debates, provides a forum for the development of United Nations human rights policy and establishes a unique system of independent and expert special procedures to observe and analyse human rights compliance by theme and by country. The Commission's close engagement with hundreds of civil society organizations provides an opportunity for working with civil society that does not exist elsewhere. 182. Yet the Commission's capacity to perform its tasks has been increasingly undermined by its declining credibility and professionalism. In particular, States have sought membership of the Commission not to strengthen human rights but to protect themselves against criticism or to criticize others. As a result, a credibility deficit has developed, which casts a shadow on the reputation of the United Nations system as a whole. (…)

8. MenschenrechtsratKofi Annan, In larger freedom: towards development, security and human rights for all, Report of the Secretary-General, UN Doc. A/59/2005 Proposed Human Rights Council 183. If the United Nations is to meet the expectations of men and women everywhere — and indeed, if the Organization is to take the cause of human rights as seriously as those of security and development — then Member States should agree to replace the Commission on Human Rights with a smaller standing Human Rights Council. Member States would need to decide if they want the Human Rights Council to be a principal organ of the United Nations or a subsidiary body of the General Assembly, but in either case its members would be elected directly by the General Assembly by a two-thirds majority of members present and voting. The creation of the Council would accord human rights a more authoritative position, corresponding to the primacy of human rights in the Charter of the United Nations. Member States should determine the composition of the Council and the term of office of its members. Those elected to the Council should undertake to abide by the highest human rights standards.”

9. Menschenrechtsrat A/RES/60/251, vom 05. März 2006 “The General Assembly, Reaffirming the purposes and principles contained in the Charter of the United Nations, including developing friendly relations among nations based on respect for the principle of equal rights and self determination of peoples, and achieving international cooperation in solving international problems of an economic, social, cultural or humanitarian character and in promoting and encouraging respect for human rights and fundamental freedoms for all, Reaffirming also the Universal Declaration of Human Rights and the Vienna Declaration and Programme of Action, and recalling the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and other human rights instruments, Reaffirming further that all human rights are universal, indivisible, interrelated, interdependent and mutually reinforcing, and that all human rights must be treated in a fair and equal manner, on the same footing and with the same emphasis, (...) 1. Decides to establish the Human Rights Council, based in Geneva, in replacement of the Commission on Human Rights, as a subsidiary organ of the General Assembly; the Assembly shall review the status of the Council within five years; (...)”

10. A/RES/60/251, vom 05. März 2006 2. Decides that the Council shall be 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 manner; 3. Decides also that the Council should address situations of violations of human rights, including gross and systematic violations, and make recommendations thereon. It should also promote the effective coordination and the mainstreaming of human rights within the United Nations system; 4. Decides further that the work of the Council shall be guided by the principles of universality, impartiality, objectivity and non-selectivity, constructive international dialogue and cooperation, with a view to enhancing the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development;

11. A/RES/60/251, vom 05. März 2006 5. Decides that the Council shall, inter alia: (a) Promote human rights education and learning as well as advisory services, technical assistance and capacity-building, to be provided in consultation with and with the consent of Member States concerned; (b) Serve as a forum for dialogue on thematic issues on all human rights; (c) Make recommendations to the General Assembly for the further development of international law in the field of human rights; (d) Promote the full implementation of human rights obligations undertaken by States and follow-up to the goals and commitments related to the promotion and protection of humanrights emanating from United Nations conferences and summits;”

12. A/RES/60/251, vom 05. März 2006 “5. Decides that the Council shall, inter alia: (...) (e) Undertake a universal periodic review, based on objective and reliable information, of the fulfilment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States; the review shall be a cooperative mechanism, based on an interactive dialogue, with the full involvement of the country concerned and with consideration given to its capacity-building needs; such a mechanism shall complement and not duplicate the work of treaty bodies; the Council shall develop the modalities and necessary time allocation for the universal periodic review mechanism within one year after the holding of its first session;

13. A/RES/60/251, vom 05. März 2006 (f) Contribute, through dialogue and cooperation, towards the prevention of human rights violations and respond promptly to human rights emergencies; (g) Assume the role and responsibilities of the Commission on Human Rights relating to the work of the Office of the United Nations High Commissioner for Human Rights, as decided by the General Assembly in its resolution 48/141 of 20 December 1993; (h) Work in close cooperation in the field of human rights with Governments, regional organizations, national human rights institutions and civil society; (i) Make recommendations with regard to the promotion and protection of human rights; (j) Submit an annual report to the General Assembly;

14. A/RES/60/251, vom 05. März 2006 6. Decides also that the Council shall assume, review and, where necessary, improve and rationalize all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights in order to maintain a system of special procedures, expert advice and a complaint procedure; the Council shall complete this review within one year after the holding of its first session; (...) 10. Decides further that the Council shall meet regularly throughout the year and schedule no fewer than three sessions per year, including a main session, for a total duration of no less than ten weeks, and shall be able to hold special sessions, when needed, at the request of a member of the Council with the support of one third of the membership of the Council;

15. A/RES/65/265 vom 01. März 2011 “The General Assembly, Recalling its resolution 60/251 of 15 March 2006, in particular paragraph 8, which states that the General Assembly may suspend the rights of membership in the Human Rights Council of a member of the Council that commits gross and systematic violations of human rights, Noting Human Rights Council resolution S-15/1 of 25 February 2011, Welcoming the statement issued by the League of Arab States on 22 February 2011 and the communiqué issued by the Peace and Security Council of the African Union on 23 February 2011, Expressing deep concern about the human rights situation in the Libyan Arab Jamahiriya, 1. Decides to suspend the rights of membership in the Human Rights Council of the Libyan Arab Jamahiriya; 2. Decides also to review the matter, as appropriate.”

16. Hochkommissariat für MenschenrechteVienna Declaration and Programme of Action,adopted by the World Conference on Human Rights in Vienna on 25 June 1993 Part II “17. The World Conference on Human Rights recognizes the necessity for a continuing adaptation of the United Nations human rights machinery to the current and future needs in the promotion and protection of human rights, as reflected in the present Declaration and within the framework of a balanced and sustainable development for all people. In particular, the United Nations human rights organs should improve their coordination, efficiency and effectiveness. 18. The World Conference on Human Rights recommends to the General Assembly that when examining the report of the Conference at its forty-eighth session, it begin, as a matter of priority, consideration of the question of the establishment of a High Commissioner for Human Rights for the promotion and protection of all human rights.”

17. Hochkommissariat für MenschenrechteA/RES/48/141 vom 20. Dezember 1993 “The General Assembly, Reaffirming its commitment to the purposes and principles of the Charter of the United Nations, Emphasizing the responsibilities of all States, in conformity with the Charter, to promote and encourage respect for all human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion, (…) Reaffirming the commitment made under Article 56 of the Charter to take joint and separate action in cooperation with the United Nations for the achievement of the purposes set forth in Article 55 of the Charter, (…) Reaffirming that the General Assembly, the Economic and Social Council and the Commission on Human Rights are the responsible organs for decision- and policy-making for the promotion and protection of all human rights, (…) Having considered the recommendation contained in paragraph 18 of section II of the Vienna Declaration and Programme of Action, 1. Decides to create the post of the High Commissioner for Human Rights; 2. Decides that the High Commissioner for Human Rights shall: (a) Be a person of high moral standing and personal integrity and shall possess expertise, including in the field of human rights, and the general knowledge and understanding of diverse cultures necessary for impartial, objective, non-selective and effective performance of the duties of the High Commissioner; (b) Be appointed by the Secretary-General of the United Nations and approved by the General Assembly, with due regard to geographical rotation, and have a fixed term of four years with a possibility of one renewal for another fixed term of four years; (…)

18. A/RES/48/141 vom 20. Dezember 1993 (…) 4. Decides that the High Commissioner for Human Rights shall be the United Nations official with principal responsibility for United Nations human rights activities under the direction and authority of the Secretary-General; within the framework of the overall competence, authority and decisions of the General Assembly, the Economic and Social Council and the Commission on Human Rights, the High Commissioner's responsibilities shall be: (a) To promote and protect the effective enjoyment by all of all civil, cultural, economic, political and social rights; (b) To carry out the tasks assigned to him/her by the competent bodies of the United Nations system in the field of human rights and to make recommendations to them with a view to improving the promotion and protection of all human rights; (c) To promote and protect the realization of the right to development and to enhance support from relevant bodies of the United Nations system for this purpose; (d) To provide, through the Centre for Human Rights of the Secretariat and other appropriate institutions, advisory services and technical and financial assistance, at the request of the State concerned and, where appropriate, the regional human rights organizations, with a view to supporting actions and programmes in the field of human rights; (e) To coordinate relevant United Nations education and public information programmes in the field of human rights;(…) (i) To coordinate the human rights promotion and protection activities throughout the United Nations system; 5. Requests the High Commissioner for Human Rights to report annually on his/her activities, in accordance with his/her mandate, to the Commission on Human Rights and, through the Economic and Social Council, to the General Assembly; 6. Decides that the Office of the High Commissioner for Human Rights shall be located at Geneva and shall have a liaison office in New York;(…)”

19. Sicherheitsrat der Vereinten Nationen Art. 24 UN-Charta (1) Um ein schnelles und wirksames Handeln der Vereinten Nationen zu gewährleisten, übertragen ihre Mitglieder dem Sicherheitsrat die Hauptverantwortung für die Wahrung des Weltfriedens und der internationalen Sicherheit und erkennen an, dass der Sicherheitsrat bei der Wahrnehmung der sich aus dieser Verantwortung ergebenden Pflichten in ihrem Namen handelt. (2) Bei der Erfüllung dieser Pflichten handelt der Sicherheitsrat im Einklang mit den Zielen und Grundsätzen der Vereinten Nationen. Die ihm hierfür eingeräumten besonderen Befugnisse sind in den Kapiteln VI, VII, VIII und XII aufgeführt. (…)

20. S/RES/181 (1963) vom 07. August 1963 “The Security Council, Having considered the question of race conflict in South Africa resulting from the policies of apartheid of the Government of the Republic of South Africa, as submitted by the thirty-two African Member States,(…) Taking into account that world public opinion has been reflected in General Assembly resolution 1761 (XVII) of 6 November 1962, and particularly in its paragraphs 4 & 8, (…) Noting with concern the recent arms build-up by the Government of South Africa, some of which arms are being used in furtherance of that Government’s racial policies, Regretting that some States are indirectly providing encouragement in various ways to the Government of South Africa to perpetuate, by force, its policy of apartheid, Regretting the failure of the Government of South Africa to accept the invitation of the Security Council to delegate a representative to appear before it, Being convinced that the situation in South Africa is seriously disturbing international peace and security, 1. Strongly deprecates the policies of South Africa in its perpetuation of racial discrimination as being inconsistent with the principles contained in the Charter of the United Nations and contrary to its obligations as a Member of the United Nations; 2. Calls upon the Government of South Africa to abandon the policies of apartheid and discrimination, as called for in Security Council resolution 134 (1960), and to liberate all persons imprisoned, interned or subjected to other restrictions for having opposed the policy of apartheid; 3. Solemnly calls upon all States to cease forthwith the sale and shipment of arms, ammunition of all types and military vehicles to South Africa; 4. Requests the Secretary-General to keep the situation in South Africa under observation and to report to the Security Council by 30 October 1963.”

21. S/RES/418 (1977) vom 4. November 1977 “The Security Council, Recalling its resolutions 392 (1976) of 19 June 1976, strongly condemning the racist regime of South Africa for its resort to massive violence against and wanton killings of the African people, including schoolchildren and students and others opposing racial discrimination, and calling upon the South African racist regime urgently to end violence against the African people and to take urgent steps to eliminate apartheid and racial discrimination, Recognizing that the military build-up by South Africa and its persistent acts of aggression against the neighbouring States seriously disturb the security of those States, Further recognizing that the existing arms embargo must be strengthened and universally applied, without any reservations or qualifications whatsoever, in order to prevent a further aggravation of the grave situation in South Africa, Taking note of the Lagos Declaration for Action against Apartheid, Gravely concerned that South Africa is at the threshold of producing nuclear weapons, Strongly condemning the South African Government for its acts of repression, its defiant continuance of the system of apartheid and its attacks against neighbouring independent States, Considering that the policies and acts of the South African Government are fraught with danger to international peace and security, Recalling its resolution 181 (1963) of 7 August 1963 and other resolutions concerning a voluntary arms embargo against South Africa, Convinced that a mandatory arms embargo needs to be universally applied against South Africa in the first instance, (…)

22. S/RES/418 (1977) vom 4. November 1977 (…) Acting therefore under Chapter VII of the Charter of the United Nations, 1. Determines, having regard to the policies and acts of the South African Government, that the acquisition by South Africa of arms and related material constitutes a threat to the maintenance of international peace and security; 2. Decides that all States shall cease forthwith any provision to South Africa of arms and related material of all types, including the sale or transfer of weapons and ammunition, military vehicles and equipment, para-military police equipment, and spare parts for the aforementioned, and shall cease as well the provision of all types of equipment and supplies and grants of licensing arrangements for the manufacture or maintenance of the aforementioned; 3. Calls upon all States to review, having regard to the objectives of the present resolution, all existing contractual arrangements with and licenses granted to South Africa relating to the manufacture and maintenance of arms, ammunition of all types and military equipment and vehicles, with a view to terminating them; 4. Further decides that all States shall refrain from any co-operation with South Africa in the manufacture and development of nuclear weapons; 5. Calls upon all States, including States non-members of the United Nations, to act strictly in accordance with the provisions of the present resolution; 6. Requests the Secretary-General to report to the Security Council on the progress of the implementation of the present resolutions, the first report to be submitted not later than 1 May 1978; 7. Decides to keep this item on its agenda for further action, as appropriate, in the light of developments.”

23. S/RES/216 (1965) vom 12. November 1965 “The Security Council 1. Decides to condemn the unilateral declaration of independence made by a racist minority in Southern Rhodesia; 2. Decides to call upon all States not to recognize this illegal racist minority regime in Southern Rhodesia and to refrain from rendering any assistance to this illegal regime.”

24. S/RES/217 (1965) vom 20. November 1965 “The Security Council, Deeply concerned about the situation in Southern Rhodesia, Considering that the illegal authorities in Southern Rhodesia have proclaimed independence and that the Government of the United Kingdom of Great Britain and Northern Ireland, as the administering Power, looks upon this as an act of rebellion, Noting that the Government of the United Kingdom has taken certain measures to meet the situation and that to be effective these measures should correspond to the gravity of the situation, 1. Determines that the situation resulting from the proclamation of independence by the illegal authorities in Southern Rhodesia is extremely grave, that the Government of the United Kingdom of Great Britain and Northern Ireland should put an end to it and that its continuance in time constitutes a threat to international peace and security; 2. Reaffirms its resolution 216 (1965) of 12 November 1965 and General Assembly resolution 1514 (XV) of 14 December 1960; 3.  Condemns the usurpation of power by a racist settler minority in Southern Rhodesia and regards the declaration of independence by it as having no legal validity; 4.  Calls upon the Government of the United Kingdom to quell this rebellion of the racist minority;(…)

25. S/RES/217 (1965) vom 20. November 1965 (…) 5. Further calls upon the Government of the United Kingdom to take all other appropriate measures which would prove effective in eliminating the authority of the usurpers and in bringing the minority régime in Southern Rhodesia to an immediate end; 6. Calls upon all States not to recognize this illegal authority and not to entertain any diplomatic or other relations with it; 7. Calls upon the Government of the United Kingdom, as the working of the Constitution of 1961 has broken down, to take immediate measures in order to allow the people of Southern Rhodesia to determine their own future consistent with the objectives of General Assembly resolution 1514 (XV); 8. Calls upon all States to refrain from any action which would assist and encourage the illegal régime and, in particular, to desist from providing it with arms, equipment and military material, and to do their utmost in order to break all economic relations with Southern Rhodesia, including an embargo on oil and petroleum products; 9. Calls upon the Government of the United Kingdom to enforce urgently and with vigour all the measures it has announced, as well as those mentioned in paragraph 8 above; 10. Calls upon the Organization of African Unity to do all in its power to assist in the implementation of the present resolution, in conformity with Chapter VIII of the Charter of the United Nations; 11. Decides to keep the questions under review in order to examine what other measures it may deem it necessary to take.”

26. S/RES/745 (1992) vom 28. Februar 1992 “The Security Council, (…) Desiring to contribute to the restoration and maintenance of peace in Cambodia, to the promotion of national reconciliation, to the protection of human rights, and to the assurance of the right to self-determination of the Cambodian people through free and fair elections, Convinced that free and fair elections are essential to produce a just and durable settlement to the Cambodia conflict, thereby contributing to regional and international peace and security, (…) 1. Approves the report of the Secretary-General of 19 February 1992 (S/23613) containing his plan, which is subject to re-examination in the light of experience, for implementing the mandate envisaged in the Agreements; 2. Decides that UNTAC shall be established under its authority in accordance with the above-mentioned report for a period not to exceed eighteen months; 3. Decides that it is vital that an election be held in Cambodia by May 1993 at the latest as recommended by the Secretary-General in paragraph 38 of his report (S/23613); (…) 8. Strongly urges the Cambodian parties to agree to the complete demobilization of their military forces prior to the end of the process of registration for the elections as well as to the destruction of the weapons and ammunition deposited into UNTAC custody in excess of those, if any, which may be deemed necessary by UNTAC for the maintenance of civil order and national defence, or which may be required by the new Cambodian Government; 9. Appeals to all States to provide all voluntary assistance and support necessary to the United Nations and its programmes and specialized agencies for the preparations and operations to implement the Agreements, including for rehabilitation and for the repatriation of refugees and displaced persons; (…).“