Liu Xinsheng: The Protection Mechanism of the International Human Rights Conventions

Liu Xinsheng: The Protection Mechanism of the International Human Rights Conventions

On the morning of September 16, 2021, the Global Human Rights Forum lecture series was held online at China University of Political Science and Law. Liu Xinsheng, the former Chinese Ambassador of the Republic of Cyprus and the current human rights expert on the Advisory Committee of the United Nations Human Rights Council, gave a special lecture to the teachers and students of the Institute of Human Rights (IHR) with the theme of "The Protection Mechanism of the International Human Rights Conventions". Professor Zhang Wei, Co-director of IHR of China University of Political Science and Law, presided over the lecture.

At the beginning of the lecture, Ambassador Liu introduced the main contents of this lecture, including the composition of the International Human Rights Conventions Mechanism, the Supervisory Body of International Human Rights Conventions, the functions and actions of the committees, the problems of the supervision mechanism and the solutions, the relationship between the conventions protection mechanism and the United Nations.

First of all, Ambassador Liu introduced the composition of International Human Rights Conventions Mechanism and explained the general situation of major international human rights conventions. There are nine major international human rights conventions, which are International Convention on the Elimination of All Forms of Racial Discrimination, International Covenant on Economic, Social and Cultural Rights, International Covenant on Civil and Political Rights, Convention on the Elimination of All Forms of Discrimination Against Women, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Convention on the Rights of the Child, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Family, Convention on the Rights of Persons with Disability, International Convention for the Protection of All Persons from Enforced Disappearances. In addition, there are optional protocols functioning primarily in increasing the convention obligations of states parties.

Subsequently, Ambassador Liu explained the supervision mechanism established by the International Human Rights Conventions. In the spirit of international cooperation, there are three ways of supervision in the field of international human rights, namely the political supervision of the Human Rights Council, legal supervision of the International Human Rights Convention Mechanism, and judicial supervision of the Court of Human Rights. The Human Rights Council, as the main body of political supervision, has the responsibility of conducting activities under the purposes of human rights protection in the Charter of the United Nations and has universal jurisdiction. The supervision of the International Human Rights Convention is largely of the nature of international treaty law and is effective only for states parties. However, the legal supervision mechanism established by International Human Rights Convention is important for the realization of the international human rights rule of law.

Ambassador Liu also explained the functions of its supervisory bodies by introducing the protection systems of the International Human Rights Convention. The International Human Rights Convention has established four protection systems, including the state reporting system, inter-state complaints procedure, the deliberation of complaints in personal communications, and national investigations. The convention supervisory bodies exercise only their review function in the national reporting system, urge states parties to fulfill their obligations of the Convention and put forward suggestions. The inter-state complaints procedure means that states party has rights to accuse another states party of violating the obligations of the Convention to supervisory bodies. Meanwhile, the International Human Rights convention Agency has the right to accept and consider individual communications of victims under the jurisdiction of the states party. If a states party commits serious, extensive or systematic violations of the Convention, the Convention Supervision Agency may spontaneously conduct investigations into the states party.

The Convention Committee may also make recommendations and general opinion on the review of reports and information received from the states parties. The general opinion does not constitute an amendment of the Convention. It belongs to the "doctrine of highest authoritative public jurists in all countries" and contributes to the development of international human rights law.

Later, Ambassador Liu explained some problems existing in the convention supervision mechanism and corresponding solutions. There is the problem of how to improve the effectiveness of supervision in the convention supervision agencies. Accordingly, the General Assembly of the United Nations made a decision to simplify reporting procedures, submit common "core documents" and update them regularly, strengthen the transparency of the convention bodies, etc. The review procedures also took reasonable measures, such as limiting the word number of national reports, shortening conclusions of review, consolidating reports, etc. At the same time, the General Assembly also reformed the authority of the supervision mechanism and the general opinion of the Convention Committee.

Finally, Ambassador Liu explained the relationship between the international human rights convention mechanism and the United Nations. In theory, the human rights convention was adopted by the United Nations General Assembly, and the convention protection mechanism established later operates by itself and has no direct relationship with the United Nations. They are different human rights protection mechanisms. The General Assembly approves the work reports of the international human rights convention bodies, the Human Rights Council accepts the report of the International Human Rights Convention bodies and submits it to the United Nations General Assembly, and the Office of High Commissioner for Human Rights provides logistical services and support for the international human rights convention mechanism.

This lecture was successfully ended with a warm applause of the students!

Written by DENG Song