INTERNATIONAL HUMAN RIGHTS INSTRUMENTS.

Human rights instruments refer to institutions and mechanisms that are used to promote and
protect human rights, such as the right to life, right to vote, right to education etc.

TYPES OF INTERNATIONAL HUMAN RIGHTS INSTRUMENTS

The International Bill of Rights which is made up of three main international human rights
instruments namely:

➢ Universal Declaration of Human Rights.[UDHR] of 1948

➢ International Covenant on Civil and Political Rights.[ ICCPR ]of 1966 and its two
optional protocols
➢ International Covenant on Economic, Social and Cultural rights [ICESCR] of 1966.

SPECIALIZED INTERNATIONAL HUMAN RIGHTS INSTRUMENTS INCLUDES

➢ The International Convention on the Elimination of all forms of Racial Discrimination

[ICERD] of 1965.
➢ The Convention on the Elimination of all forms of Discrimination against Women
[CEDAW] of 1979 and its Optional Protocol.
➢ The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment [CAT] of 1984.
➢ Convention on the Rights of the Child [CRC] of 1989 and its two Optional Protocols.
➢ The International Convention on the Protection of the Rights of All Migrant Workers
and Members of their Families [CMW] of 1990.

CHARTER BASED INTERNATIONAL HUMAN RIGHTSINSTRUMENT

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948)

➢ This instrument begins with the preamble or introduction which states the values and
beliefs of the document. It is an internationally recognized and agreed upon instrument
through which individuals and governments can work and deliver basic rights.

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 ➢ It was adopted on 10th December, 1948 by the United Nations in Geneva, as the result
of genocide that took place in Nazi, Germany during the Second World War against
the Jews.
➢ This declaration contains 30 articles which are a list of basic rights every human being
is born with and can be divided into two themes namely Civil and Political rights as
well as Economic, Social and Cultural rights.

The UDHR articles are summarized below.

Everyone:

➢ Is born in freedom, equality and dignity.

➢ Has the right not to be discriminated against on any basis.
➢ Has the right to life and to live in freedom and safety
➢ Has the right to liberty or freedom
➢ Has the right to security of person as no one should be tortured or suffer from cruel and
inhuman treatment.
➢ Has the right to equality before the law and equal protection.
➢ Has the right recognition before the law
➢ Has the right to effective remedy
➢ Has the right not to be subjected to arbitrary arrest or detention.
➢ Has the right to full and fair hearing before an impartial and independent tribunal
➢ Has the right to be presumed innocent until proven guilty
➢ Has the right to marry
➢ Has the right to asylum
➢ Has the right to freedom of movement
➢ Has the right to Nationality
➢ Has the right to privacy.
➢ Has right to own property
➢ Has the right to freedom of thought, conscience and expression
➢ Has the right to freedom of opinion and expression
➢ Has the right to freedom of assembly and association
➢ Has the right to take part in government, access to public services and to vote.

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 ➢ Has the right to social security.
➢ Has the right to work
➢ Has the right to rest and leisure
➢ Has the right to an adequate standard of living
➢ Has the eight to education
➢ Has the right to freely participate in the cultural life of the community
➢ Is entitled to a social and international order to realize the rights and freedoms
➢ Has duties to the community
➢ Must interpret this declaration in a way that cannot endanger any of the rights and freedoms
of others.

TREATY – BASED INTERNATIONAL HUMAN RIGHTS INSTRUMENTS

Having looked at the Charter-Based instrument (the UDHR) let us now turn to the Treaty-Based
instruments. These are also called Covenants or Conventions. Whether the instrument is called a
treaty, or a covenant or a convention it does not matter since they all mean the same. The most
important thing to remember is that a treaty-based instrument is legally binding to the state that
is a party to it. This means that the state party is bound to not only translate the provisions into
domestic laws but also to implement the provisions of the treaty.

These treaties are legally binding on the states that are party to them. Being a party to a treaty
means that a country has either ratified or acceded to the treaty. To ‘ratify’ is when a state agrees
to be bound by a treaty that it has already signed. It does this by writing a memo called
‘instrument of ratification’ and depositing it with the United Nations Secretary General.
Remember that to ratify a treaty the state must have first signed to it. To ‘accede’ to a treaty is
when a state agrees to be bound by the treaty without first having signed it. To accede to a treaty
the state deposits an instrument of accession with the Secretary General of the United Nations.
Accession has the same legal effects as ratification except that it comes after a state party has
signed a treaty. When a State signs a treaty, it is an indication that it intends to take steps to be
bound by the treaty at a later date.

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However, although a treaty is legally binding, states effect the treaties depending on the type of
legal systems they follow. International law classifies countries (States) into monists and dualists.

Monist countries are countries that regard domestic law and international law as one and the
same. They give emphasis to international law. This means that when such a country ratifies or
accedes to a covenant the articles contained in such a covenant automatically become part of the
law of the country and are justiceable. When a Right is justiceable, it means the government can
be sued in a court of law if it is not providing the right to its citizens. For example, Netherlands,
Namibia and most Francophone countries.

Dualist countries are such countries where international law is not directly applicable in
domestic law and can only be made part of domestic law by an Act of Parliament. For example,
this is what happens in most Commonwealth countries, including Zambia. In the case of Zambia,
Parliament should first pass a bill on the provisions of the treaty before it can become part of the
country’s laws.

THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL

RIGHTS [ICESCR]-1966.

➢ This is an extract of the Universal Declaration of Human Rights which was also an effort
to come up with a legally binding document, formed in 1966
➢ These rights are problematic because they are dependent on resources for their
realization.
➢ The preamble gives an outline for the explanation of the rights in the Covenant and talks
about what is contained in the Universal Declaration of Human Rights [UDHR] because
these rights in the Covenant are based on the inherent dignity of the human person.
➢ The preamble also emphasizes the indivisibility and interdependence of all human
rights by stating that, the ideal of free human beings enjoying freedom from fear and want
can only be achieved if conditions are created in which everyone can enjoy his economic,
social and cultural rights, as well as his civil and political rights

SUMMARY OF THE PROVISIONS IN THE ICESCR

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 ➢ Rights to work
➢ Right to just and favorable conditions of work, including fair wages, equal pay for equal
work and holidays with pay.
➢ Right to form and join trade Unions, including the right to strike.
➢ Right to social security.
➢ Protection of the family, including special assistance for mothers and children.
➢ Right to adequate standard of living including food, clothing and housing
➢ Right to the highest attainable standard of physical and mental health
➢ Right to education
➢ Right to participate in the cultural life and enjoy the benefits of scientific progress.

THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS [ICCPR]-

1966.

➢ This came into force in 1996 and is legally binding to its member states. These are rights
that are easy to nature and implement because they require no big investments for them to
be enjoyed.
➢ The preamble (introduction) of this documents states that, the ideal of free human beings
enjoying freedom from fear and want can only be achieved if conditions are created in
which everyone can enjoy his economic, social and cultural rights, as well as his civil and
political rights
➢ The treaty expands on the Civil and Political rights set out in the Universal Declaration of
Human Rights [UDHR], with the exception of the right to property and right to asylum.

SUMMARY OF THE PROVISIONS IN THE ICCPR.

➢ Right to life
➢ Freedom from torture and inhuman treatment
➢ Freedom from slavery and forced labour
➢ Right to liberty and security
➢ Right of detained persons to be treated with humanity

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 ➢ Freedom from imprisonment for debt
➢ Freedom of movement and choice of residence
➢ Freedom of aliens from arbitrary expulsion
➢ Right to a fair trial
➢ Protection against retroactivity of the criminal law
➢ Right to recognition as a person before the law
➢ Right to privacy
➢ Freedom of thought or conscience and religion
➢ Freedom of opinion and expression
➢ Prohibition of propaganda for war and of incitement to national, racial or religious hatred
➢ Right to assembly
➢ Freedom of association
➢ Right to marry and find a family
➢ Rights of the Child
➢ Political rights
➢ Equality before the law
➢ Rights of minorities

OPTIONAL PROTOCALS

An Optional Protocol is a provision attached to an international human rights instrument in order

to offer more protection. The ICCPR has two optional protocols namely:

FIRST OPTIONAL PROTOCOL (1976): This provision allows individuals to complain to the
United Nations Human Rights Commission on issues of human rights violations contained in
the ICCPR provided they exhaust all channels of complaints usually through the courts of law.
Zambia is a state party (member) to this protocol.

SECOND OPTIONAL PROTOCAL (1990):

The Second Optional Protocol to the International Covenant on Civil and Political Rights,
aiming at the abolition of the death penalty, was adopted by the General Assembly by its
resolution 44/128 of 15 December, 1989. It was adopted in 1989 and came into force in 1990.
This protocol was aimed at the abolition of the death penalty in countries that ratify it. The

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protocol works in the belief that Article 6 of the ICCPR, which protects the right to life,
translates into the abolition of the death penalty. Under its article 1, no one within the
jurisdiction of a State party to the Protocol may be executed. No exceptions are allowed for the
abolition of the death penalty except in time of war after a conviction for a most serious crime of
a military nature committed during war time. Zambia is not a State party to the Second Optional
Protocol and that is why it still has the death penalty as a criminal punishment

Supervisory Mechanisms

We have in place the following mechanisms:

• The Human Rights Committee monitors the implementation of the International Covenant
on Civil and Political Rights
• Inter-State Complaints Procedure
• Individual Complaints Procedure under the First Optional Protocol
• State Party Reporting
SPECIALISED INTERNATIONAL HUMAN RIGHTS INSTRUMENTS

THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF

RACIAL DISCRIMINATION [ICERD]-1969.

➢ It came into force in 1969 and it was drafted to draw attention to matters of racial
discrimination which were still rampant in the world.
➢ Principle Definition of Racial discrimination: It is any distinction, exclusion, restriction
or any performance based on race, color, descent or national or ethnic origin which has
the purpose of impairing the recognition or enjoyment on an equal footing, of human rights
and fundament freedoms in the political, economic, social, cultural or any other field of
public life.

SUMMARY OF THE PROVISIONS IN THE ICERD

➢ Condemn racial discrimination, segregation and apartheid.

➢ Prohibit the act of discrimination by individuals or organizations
➢ Assure everyone within the powers, adequate protection and remedies

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 ➢ Condemn all propaganda and organizations based on ideas or theories of superiority of one
race or group.
➢ Prohibit and eliminate racial discrimination and equal enjoyment of all the rights
➢ Undertake immediate and effective measures in teaching, education, culture and
information, with a view of combating prejudices which lead to racial discrimination.

THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF

DISCRIMINATION AGAINST WOMEN [CEDAW]-1979

➢ This came about after the failure of the 1967 declaration to eliminate discrimination against
women.
➢ It was observed that females still suffer the worst discrimination in the social economic as
well as their civil and political rights.
➢ This instrument was put in force in 1979 to directly.
➢ Principle definition of racial discrimination: this is any distinction, exclusion, restriction or
any performance based on sex which has the purpose of impairing the recognition
enjoyment of an equal footing of human rights and fundamental freedom in the political
economic social other right in public life.

SUMMARY OF PROVISIONS IN THE CEDAW

➢ Eliminate all forms of discrimination against women.

➢ Establish legal protection of the rights of women on an equal basis with men.
➢ Promote the principle of equality of men and women in their domestic legislation
➢ Modify or abolish existing national legislation and practices which constitute
discrimination against women.
➢ Eliminate discrimination in the enjoyment of all rights between men and women

ACCORD WOMEN EQUALITY WITH MEN BEFORE THE LAW

➢ Eliminate discrimination against women in all matters relating to marriage and property.

CEDAW has an optional protocol adopted in 1999 which allows the United Nations

Committee on the Elimination of Discrimination against Women to receive and hear

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Cases of violations of women’s rights

THE CONVENTION AGAINST TOTURE AND OTHER CRUEL, INHUMAN OR

DEGRADING TREATMENT OR PUNISHMENT [CAT]-1984.

➢ This convention came into being on10th December1984 and Zambia became a state party
to the convention in 1998.
➢ The aim of the instrument is to totally forbid torture and other cruel, inhuman or degrading
treatment or punishment.
➢ Principle definition: Torture is defined as an act by which severe pain or suffering,
whether physical or mental , is intentionally inflicted on a person for such purposes as
obtaining from him or a third person information or confession, punishing him for an act
he or a third person has committed or is suspected of having committed.

SUMMARY OF PROVISIONS IN CAT

➢ Prohibit torture
➢ Not refouler, which means to send back a person to a country where he/she is likely to
undergo torture.
➢ Punish torturers.
➢ Rehabilitate victims of torture through counseling
➢ Control the system of interrogation and detention
➢ Report to the committee.
➢ Educate citizens on the evil of torture

THE INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS

OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES [CMW]-
1990.

➢ This is meant to protect the rights of people working in a country which is not theirs.[
in the Diaspora]
➢ State parties are obliged to protect and seek judicial remedy to those migrant workers
whose rights have been violated.

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Principle definition: this applies to all migrant workers and members of their families without
distinction of any kind such as sex, race, color, language, religion or conviction, political or other
opinion, national, ethnic or social origin, nationality, age, economic position, property, marital
status, birth or other status.

SUMMARY OF THE PROVISIONS IN THE CMW

➢ Non –discrimination of migrant workers and their families without distinction of any kind.
➢ Migrant workers and members of their families shall be free to leave any state, including
their state of origin.
➢ They have the right to enter and remain in their state of origin.
➢ The right to life of migrant workers and members of their families shall be protected by
law.
➢ No migrant worker or members of their families shall be subjected to torture or cruel,
inhuman or degrading treatment or punishment.
➢ No migrant worker or members of their families shall be held in slavery or servitude.
➢ No migrant worker or members of their families shall be required to perform forced or
compulsory labor.
➢ They shall have the right to freedom of thought, conscience and religion.
➢ They shall have the right to hold opinions without interference.

They shall not be subjected to any arbitrary or unlawful interference of their privacy

TRUST THE PROCESS

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