Why do States commit to Human Rights?

Transcription

1 Why do States commit to Human Rights? Nazila Ghanea Wednesday 1 October 2014

2 UN Human Rights Treaties Civil and political rights (ICCPR) Economic, social and cultural rights (ICESCR) Rights of the child (CRC) Discrimination against women (CEDAW) Persons with disabilities (CRPD) Migrant workers (ICRMW) Torture and Other Cruel, Inhuman and Degrading Treatment (CAT) Prevention of torture (OPCAT) Enforced disappearances (CED) Racial discrimination (ICERD)

3 Why Do States Ratify? International Factors International Pressure inter-state pressure international non-governmental pressure International Acculturation regional acculturation

4 Why Do States Ratify? Domestic Factors Domestic Political or Societal Factors political economy domestic pressure domestic law and constitutional rules Domestic Leadership Preferences domestic leadership

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6 Research Aim 1. First cut analysis of the question of UN human rights treaty ratification by GCC states: All states All UN human rights treaties 2. Sources: 50+ interviews 2 Workshops 120 UN documents

7 GCC States Where?

8 GCC States Where?

9 Selective Ratification 1. GCC first ratification 1968, steady but selective ratifications Disabilities and Rights of the Child (CPRD and CRC) ratified more quickly Women s rights and Elimination of Racial Discrimination (CEDAW and ICERD) slower 2. Major international and domestic events and surge in ratifications, e.g. after end of invasion of Kuwait 3. Ratifications are encouraged by the United Nations, but that doesn t explain ratifications

10 GCC (selective) Ratification Surge

11 Overview 1. Why do GCC States commit to/ ratify human rights treaties? 2. Do they implement those legal commitments? 3. Does it make any difference on the ground (domestic effects) in the GCC? 4. What shapes implementation?

12 I. Why Do States Ratify? International Factors International Pressure inter-state pressure international non-governmental pressure International Acculturation regional acculturation

13 Recommendation to Ratify

14 Why Do States Ratify? Domestic Factors Domestic Political or Societal Factors political economy domestic pressure domestic law and constitutional rules Domestic Leadership Preferences domestic leadership

15 Why do GCC states ratify? International Pressure inter-state pressure International Acculturation Domestic political or societal factors political economy Domestic leadership preferences

16 II. Treaty Implementation 1. Reservations: a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State 2. Reporting 3. Universal Periodic Review

17 Reservations

18 Geneva Reporting GCC reporting delays: GCC states have submitted 78 reports as of mid Of these, 71 were overdue at the time of submission and 7 were submitted on time or early.

19 Universal Periodic Review Practices Engagement of GCC states in making UPR recommendations, suggesting an active role in the UN human rights system

20 III. Domestic Effects of Human Rights Treaties in the GCC Domestic effects are of 2 forms: Primary effects are changes that take place in legislation and court decisions in the domestic setting in the aftermath of treaty ratification. Secondary effects are increased socialisation in the system (e.g. recommendations), institution building (e.g. National Human Rights Institutions) and increase civil society activity (Shadow Reports), which may then enable further primary changes in the long run.

21 Treaty Body Recommendations

22 NHRIs Establishment

23 Shadow Reports

24 IV. Drivers of Implementation 1 Inter-state Pressure 2 International Socialisation 3 International NGO pressure 4 Regional Acculturation 5 Political Economy 6 Domestic Leadership 7 Domestic Pressure 8 Domestic Law / Constitutional Rules??

25 Questions we asked 1. Why do GCC States commit to/ ratify human rights treaties? 2. Do they implement those legal commitments? 3. Does it make any difference on the ground (domestic effects) in the GCC? 4. What shapes implementation?