Every Cloud …?: The World Conference on Human Rights and Supervision of Implementation of Human Rights
| DOI | 10.1177/016934419301100405 |
| Author | Koen Davidse,Ineke Boerefijn |
| Date | 01 December 1993 |
| Published date | 01 December 1993 |
| Subject Matter | Part A: Article |
Every Cloud
...
?
The
World
Conference on Human Rights
and
Supervision of
Implementation of Human Rights
Ineke Boerefijn &Koen Davidse
'"
Abstract
In
this article, the authors deal with the impact
of
the World Conference on Human Rights
(WCHR) on the supervision of the implementation of human rights, one of the main topics
on the agenda
of
the WCHR. Within the framework of the United Nations, various
procedures have been developed regarding the international supervision of human rights
norms. Procedures have been established on the basis of treaties as well as on the basis
of resolutions
of
the Commission on Human Rights. Many contributions were made on
this issue to the WCHR, from inter-governmental organizations, non-governmental
organizations as well as independent experts. Submissions concerned the strengthening of
existing mechanisms, as well as the creation of new mechanisms. After describing
developments initiated by the relevant supervisory bodies themselves, the authors examine
to which extent the WCHR gave an impetus to the strengthening of the current machinery,
through further enhancing and expanding treaty-based supervision and through
strengthening the position of independent experts mandated by the Commission on Human
Rights. Next, the authors examine whether the WCHR gives room for the creation of new
mechanisms, such as the High Commissioner for Human Rights.
Introduction
In
June 1993, the second World Conference on Human Rights (WCHR), organized by the
United Nations, took place in Vienna. 1In this article we do not intend to discuss the
whole process that led to the Conference or the merits of the event as such. We
will
focus
on the results
of
the Conference as far as the
UN's
ability to monitor implementation of
human rights is concerned, taking as a starting-point that one of the objectives of the
WCHR was to formulate concrete recommendations for improving the effectiveness of
United Nations activities and mechanisms in the field of human rights through pro-
grammes aimed at promoting, encouraging and monitoring respect for human rights and
fundamental freedoms," Cloudy skies seemed at times to hover over the Conference in
general. Did these clouds have silver linings as far as the
UN's
ways and means to
supervise implementation of human rights are concerned?
On human rights, the UN have entered into a new stage. The standard-setting phase
has to a large extent been concluded and during the past decades attempts were made to
'" Ineke Boerefijn is a researcher at SIM and was NOO representative on the delegation
of
the Netherlands.
Koen Davidse
works
at the Netherlands Ministry
of
Foreign Affairs and was
one
of
the negotiators on
behalf
of
the Netherlands.
The
authors wrote this article in their private capacity.
1On 25 June 1993, the
WCHR
adopted the Vienna Declaration and the
Programme
of
Action, whichis now
available as
UN
Doc.
A/CONF
.157/23.
2
UNOA
resolution 45/155, paragraph
l(e).
See also the analytical study carried out by Nigel S. Rodley,
Towards
a more effectiveand integratedsystem
of
humanrightsprotectionby the UnitedNations,
UN
Doc.
A/CONF
.157
/PC/60/
Add.6.
457
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