How effective UN as Promoter of Human Rights

I. Introduction
Nowadays, human rights violations become a major problem not only locally but
internationally. 7 out of 10 people claimed that they experienced human rights abused
committed by their fellowmen. Because of these innumerable cases of human rights
violations, the United Nations, a multilateral government agency entrusted to oversees
human rights problems take in to picture in order to curtail this problem to be
worsened.
As a body responsible for the promotion and protection of human rights, United
Nations established a human rights treaty system that will prohibit any form of human
rights violations. Thus, making United Nations the core and subject to controversies on
whether it is effective in implementing humanitarian policies or not due to controversy
they become part of.
Therefore, this paper seeks to explore how effective U.N as a promoter of human
rights by examining first, the role it plays as an advocate. It also seeks to present an
analysis on how reliable and vigorous United Nations in promoting and implementing
human rights policies. Specifically, this paper will: (1) present the different theoretical
foundations of human rights. That will set as basis for further understanding of the
nature of human rights (2) present a brief historical background on the roots of United
Nations concern with human rights adjoin with the different charter based bodies of UN
(3) explore one issue on human rights violations as well as UNs actions regarding on
this issue (4) analyze whether UN is effective as promoter of human rights.

II. Theoretical Discourse about Human Rights

Many have argued that human rights exist in order to protect the basic dignity of
human life. Indeed, the United Nations Declaration on Human Rights embodies this goal
by declaring that human rights flow from "the inherent dignity of the human person".
Strong arguments have been made, especially by western liberals, those human rights
must be directed to protecting and promoting human dignity. As Jack Donnelly has
written, "We have human rights not to the requisites for health but to those things
`needed' for a life of dignity, for a life worthy of a human being, This view is perhaps the
most pervasively held, especially among human rights activists; the rhetoric of humanrights disputes most frequently invokes this notion of striving for the dignity that makes
human life worth living
An alternative basis for human rights draws from the requisites for human wellbeing. One advocate of this approach, Allan Gewirth, would agree with Donnelly that
human rights are drawn in essence from humankind's moral nature, but Gewirth does
not follow Donnelly's conclusion that human rights are a moral vision of human dignity.
Rather, Gewirth argues that "agency or action is the common subject of all morality and
practice". Human rights are not just a product of morality but protect the basic freedom
and well-being necessary for human agency. Gewirth distinguished between three types
of rights that address different levels of well-being. Basic rights safeguard one's
subsistence or basic well-being. Nonsubtractive rights maintain the capacity for fulfilling
purposive agency, while additive rights provide the requisites for developing one's
capabilities - such as education. Gewirth differentiates between these rights because he
accepts that humans vary tremendously in their capacity for purposive agency. Through
what he calls the principle of proportionality, humans are entitled to those rights that are
proportionate to their capacity for agency
Gewirth's approach, however, has been strongly criticized by those who argue that
human rights cannot be universal if they are derived from one's capacity for agency.
Indeed Douglas Husak has used Gewirth's theories to argue that there can be no rights

that extend to all human beings. Husak makes the crucial distinction between humans
and persons, and he points out that some humans may be considered non-persons
because they are incapable of ever performing any purposive agency
Another basis for human rights has been put forward by John O'Manique that is
based on evolution and human development. O'Manique was motivated by the desire to
find a truly universal basis for human rights theories that are not as susceptible, as is
dignity, to controversial interpretations or denial by others. Thus, human rights should
be founded upon something inherent to humans rather than some moral vision that is
created by human action. He asserts The belief that survival is good is virtually
universal". He does concede that there are religious beliefs that hold that a person's life
can be sacrificed, but usually this sacrifice is done to further the survival of others.
O'Manique also draws from theories of evolution to establish that the goal of humans
has to be the survival of the species. So, there would be universal agreement with the
statement, "Humans ought to survive". But survival of the group, community, or human
species is very different from the survival of each and every particular individual.
The final alternative basis for human rights would provide the needs for human
existence. Human rights may be limited to providing all humans with the needs for their
physical subsistence. But, this subsistence would involve a certain degree of minimal
comfort beyond merely keeping one's organs working, because human subsistence also
consists of being able to function. Advocates of the other approaches to human rights
have dismissed needs to subsistence as too narrow a foundation, but this criticism may
not account for the ramifications that flow from the range of human needs.
These four approaches to human rights reflect quite different inspirations and
ultimate goals, but there is common ground among them. Theories of human rights
based on dignity, well-being, or development all are motivated by a desire to protect and
cultivate some quality of life; because one is alive, one should lead a life filled with
dignity, well-being, or continuing development. A view of human rights based on

subsistence is ultimately concerned with simply preserving life itself. But this distinction
should not ignore an overlap, as a common ground among all theories of human rights

III. Historical Background

The concern of the United Nations with the promotion and protection of human
rights and the fundamental freedoms stems directly from the realization by the
international community that recognition of the inherent dignity and of the
equal and inalienable rights of all members of the human family is the foundation
of freedom, justice and peace in the world. This concern maybe traced to
humanitarian traditions, to the unceasing struggle for freedom and equality in all
parts of the world.
The specific inclusion among the purposes of the United Nations of the promotion
and encouragement of the respect for human rights and for fundamental
freedoms for all was due primarily to the events which occurred immediately
before and during the Second World War. The human rights provisions of the
charter reflect the reaction of the international community to the horrors of the
war and of the regimes which unleashed it. The Second World War proved to
many the close relationship between repressive behavior by a government
towards its own citizens and aggression against other nations, between respect for
human rights and the maintenance of peace. The experience of the war resulted
in the widespread conviction that effective international protection of human
rights was an essential condition of international peace and progress.
In 1944 the Dumbarton Oaks Conversations took place, a first step towards the
creation of a general international organization. The first phase of the
conversations took place between the representatives of the Union of Soviet
Socialist Republics, the United Kingdom and the United States of America from
Aug. 21 to Sept. 28. And the second between the representatives of China, the
United Kingdom and the United States of America from Sept. 29 to Oct. 7.
As a result of these conversations, the four Powers reached a number of
agreements which where embodied in the Dumbarton Oaks proposals. These
proposals envisaged the establishment of an international organization under the
name United Nations.

Human rights provision in the UN charter for human rights

Article

Provisions

Article 1

UN aims towards promoting and

encouraging respect for human rights
and for fundamental freedom for all
without distinction as to race, sex,
language or religion.

Article 13 (1)

General assembly will initiate studies

and make recommendations for the
purpose of promoting international
cooperation in the economic, social,
cultural, educational and health fields
and assisting in the realization of
human rights and fundamental
freedom for all without distinction as to
race, sex, language or religion.

Article 55

Member States pledge to promote

Higher standards of living, full
employment, and conditions of
economic and social progress
and development.
Solutions
of
international
economic, social, health, and
related
problems;
and
international
cultural
and
educational cooperation.
Universal respect for and
observance of, human rights
and fundamentals freedom for
all without distinction as to race,
sex, language, or religion.

Article 56

Article 62

All members pledge themselves to

take joint and separate action in
cooperation with the organization for
the achievement of the purpose set
forth in article 55
Authorization for the economic and
social council to make or initiate
studies and reports and make
recommendations for the purpose of
promoting respect for, and observance
of human rights and fundamentals
freedoms for all

Article 62

Authorization for the UN Economic

and Social Council (ECOSOC) to setup commissions for the promotion of
human rights

Article 76

UN Trusteeship
human rights

will

incorporate

UN Human Rights Bodies

The Secretary-General of the United Nation

The secretary general is the chief administrative officer of the United Nations. It can

use his good offices to raise human rights concerns with member states.

The Office of the United Nations High Commissioners for Human Rights
This High Commissioner is responsible for human rights activities. It serves

as the secretariat of the commission on human rights,

The Security Council

The Security Council has primary responsibility, under the UN

Charter, for

maintenance of international peace and security.

The General Assembly
Is the main deliberately body of the United Nations. It may issue its own
declarations on human rights or reviews and take action on human rights matter
referred to it by working group concerned with issues.
The Economic and Social Council
This body makes recommendations to the General Assembly on human rights
matters, and reviews reports and resolutions of the commissions on human rights and
transmits them with amendments to the general assembly.
The Commission on Human Rights
It is composed of 53 members states elected for 3 years. This commission is the
main standard-setting and policy-making body dealing with human rights issues. It set
up a system of special procedures to investigate alleged violations of human rights, and
routinely dispatches fact-finding missions to countries in all parts of the world.
The Sub-commission on the Promotion and Protection of Human Rights
This sub-commission considers human rights issues concerning domestic
and migrant workers and they examine preventive measures for the elimination of
violence against women.

IV. United Nations Role in Rwanda Genocide

The Genocide took place in Rwanda in 1994. It sparked by the death of the
Rwandan President Juvenal Habyarimana. Upon his death, the Military and Hutu
Militia groups systematically set out to murder all the Tutsis they could capture,
irrespective of their age or sex.
In Kigali, the presidential guard immediately initiated a campaign of
retribution. Leaders of political opposition were murdered and within hours recruits
were dispatched all over the country to carry out a wave slaughter. The early organizers
included military officials, politicians and businessmen, but soon many others joined the
mayhem. Killing quickly took place throughout most of the country.
During the mass murder, the United Nations Assistance Missions for Rwanda
was hampered from the outset by resistance from numerous UN Security Council
members, who were reluctant to become involved in the arusha process then in the
genocide. Only Belgium had asked for the strong UNAMIR mandate. But after the death
of 10 Belgian peace keepers, United Nations peace keepers in Rwanda were withdrawn.
The Rwandans were largely left alone by the international community. Thus, making
Rwandans think that UN peace keepers who were there at the time failed to protect
them.
As a result of the genocide, estimated 800,000 Rwandan were killed. Most of
the dead were Tutsis and most of those who perpetrated the violence were Hutus

V. Conclusion
Human Rights is an inherent rights granted to every individuals, which, make
it a subject for protection and promotion in order to prevent contravention of this god
given rights.
United Nations is a vital agency in the field of Human rights. The fact, that it
is the only international organization who affixes human rights in their preamble and at
the same time the only international agency

who endorses programs and policies

regarding protection and promotion of human rights.

Countries around the world keep on conniving with United Nations programs
regarding human rights. This depict that UN is effective as promoter of human rights.
Despite the fact that UN become ineffective in curtailing human rights violations
committed in Rwanda in 1994, whereas, United Nations neglected and declined to help
the Rwandan people. This incident makes UN less unproductive and subject to
controversies like, there are some who are saying that UN officials in collaboration with
U.S and France was behind the mass killing due to greedy interest. But of course,
United Nations Officials rebut it. Yet they admitted that they failed to seek aid for
Rwandan people. For UN, the aftermath of Rwandan Genocide awaken their minds that
they need to discharge their duty effectively in order to put off this kind of genocide in
the future.
Although UN is inundate with numerous issues at present concerning on their
action on human rights violations and as an advocate, still United Nations is able to
discharge its function without hamper. Because In spite of having weakness UN as an
agency still manage to come out again with more willpower to diminish human rights
violations.
I conclude therefore, that UN is an effective promoter of human rights yet less
effective in putting it into action.

Annotated Bibliography
Mertus, Julie, the United Nations and Human Rights (New York: Routledge, 2006)
This book provides a readable, comprehensive and timely guide to the UN Human rights
system.
Mac Queen, Norrie, Peace Keeping and The International System (New York: Routledge,
2006) The major part of this book is concerned about with the peace keeping undertaken by
the United Nations since the end of the second world one.
Peterson, MJ, the UN General Assembly (USA and Canada: Taylor and Francis Group,
2006) this book provides a balanced view of this institution, assessing its role and future
while also addressing the various criticisms of the assembly
Gready, Paul, Fighting for Human rights (London and New York: Routledge Taylor and
Francis Group, 2004) This book is about human rights and the assistance that civil society
can provide.
Goldstein, Joshua , International Relations (United States: Longman 2002) this textbook is a
map that can orient you to the main topics, debates, and the issues areas in International
Relations
Human Rights Network International (HRNI) www.hrni.org/index_flash.html
The website provides extensive research articles and resources on human rights.
Human Development Report, UNDP www.undp.org/hdro
This site provides information about analysis of human development indicator, in
publications that include National, Regional, and International foci.
UNHCHR, website Search Engine www.unhcr.ch/search.htm
Search for United Nations Human rights document
High Commissioner for Human Rights www.unhchr.ch
The website of the office of the High Commissioner Human rights. It is the most important
source of information in the field including programs, documents, and statements
publication. It also offers related links within the United Nations system
United Nations www.un.org/en/index.shtml
It is official website of the United Nations. And it is the most important source of
information concerning United Nations programs.