International Legal Frameworks for Humanitarian Advocacy

294 Pages·2011·3.19 MB·English

IInntteerrnnaattiioonnaall LLeeggaall
FFrraammeewwoorrkkss ffoorr
HHuummaanniittaarriiaann AAddvvooccaaccyy
Printed at United Nations, Geneva
GE.11-00098–February 2011–500
United Nations
OCHA/HCSS/2011/1
IInntteerrnnaattiioonnaall LLeeggaall
FFrraammeewwoorrkkss ffoorr
HHuummaanniittaarriiaann AAddvvooccaaccyy
United Nations
Geneva, 2011

Table of Contents
PART I. GENERAL....................................................................................................................1
1. Charter of the United Nations (T-1945)............................................................................................................................1
PART II. GENERAL HUMAN RIGHTS LAW................................................................................11
Section A. Universal................................................................................................................................11
2. Universal Declaration of Human Rights (A 217 (III) - 1948) (V-1948)...............................................................................11
3. International Convention on the Elimination of All Forms of Racial Discrimination (T-1965)...........................................13
4. International Covenant on Civil and Political Rights (T-1966).........................................................................................15
5. International Covenant on Economic, Social and Cultural Rights (T-1966).....................................................................19
6. Convention on the Elimination of All Forms of Discrimination against Women (T-1979)..................................................22
7. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (T-1984).......................26
8. Convention on the Rights of the Child (T-1989)..............................................................................................................28
9. Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (T-
2000)............................................................................................................................................................................34
10. International Convention on the Protection of the Rights of All Migrant Workers and members of their Families (T-
1990)............................................................................................................................................................................36
11. Convention on the Rights of Persons with Disabilities (T-2006).......................................................................................48
12. International Convention for the Protection of all Persons from Enforced Disappearances (T-2006).................................57
13. United Nations Declaration on the Rights of Indigenous Peoples (V-2007).......................................................................62
14. ILO C169 Indigenous and Tribal Peoples Convention (T-1989)........................................................................................67
15. ILO C182 Worst Forms of Child Labour Convention (T-1999).........................................................................................72
Section B. Regional.................................................................................................................................74
(1) African Union...................................................................................................................................................................74
16. African Charter on Human and People’s Rights (T-1981)................................................................................................74
17. African Charter on the Rights and Welfare of the Child (T-1990).....................................................................................77
18. Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (T-2003)......................83
(2) Association of South Eastern Asian Nations (ASEAN).........................................................................................................89
19. Declaration on the Elimination of Violence against Women in the ASEAN Region (V-2004)..............................................89
20. ASEAN Declaration against Trafficking in Persons Particularly Women and Children (V-2004)........................................90
21. SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia (T-2002).......................91
22. SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution (T-2002)..............94
(3) Council of Europe.............................................................................................................................................................97
23. Convention for the Protection of Human Rights and Fundamental Freedoms (T-1950)....................................................97
(4) League of Arab States.....................................................................................................................................................100
24. Arab Charter on Human Rights (T-2004)......................................................................................................................100
5) Organisation of American States......................................................................................................................................105
25. American Convention on Human Rights (T-1969).........................................................................................................105
26. Inter-American Convention to Prevent and Punish Torture (T-1985).............................................................................110
27. Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women - “Convention
of Belém do Para” (T-1994)..........................................................................................................................................112
28. Additional Protocol to the American Convention on Human Rights in the area of Economic, Social and Cultural Rights
– “Protocol of San Salvador” (T-1988)...........................................................................................................................114
29. Inter-American Convention on Forced Disappearance of Persons (T-1994)....................................................................116
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30. Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities (T-
2001)..........................................................................................................................................................................118
PART III. INTERNATIONAL HUMANITARIAN LAW..................................................................119
31. Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (T-
1949)..........................................................................................................................................................................119
32. Geneva Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed
Forces at Sea (T-1949).................................................................................................................................................126
33. Geneva Convention (III) relative to the Treatment of Prisoners of War. Geneva (T-1949)................................................132
34. Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War (T-1949).......................................151
35. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-
International Armed Conflicts (Protocol II) (T-1977)......................................................................................................171
36. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of
International Armed Conflicts (Protocol I) (T-1977).......................................................................................................174
37. Secretary-General’s Bulletin, Observance by United Nations forces of international humanitarian law (V-1999)...........196
38. United Nations Security Council Resolution 1325 (2000) on Women, Peace and Security (V-2000)................................198
39. United Nations Security Council Resolution 1882 (2009) on Children in Armed Conflict (V-2009).................................200
40. United Nations Security Council Resolution 1894 (2009) on the Protection of Civilians (V-2009)...................................202
41. United Nations Security Council Resolution 1960 (2010) on Women, Peace and Security (V-2010)................................206
42. Customary Rules of International Humanitarian Law (V-2005).....................................................................................208
PART IV. INTERNATIONAL CRIMINAL LAW...........................................................................215
43. Convention on the Prevention and Punishment of the Crime of Genocide (T-1948)........................................................215
44. Rome Statute of the International Criminal Court (T-1998)..........................................................................................216
45. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the
United Nations Convention against Transnational Organized Crime (T-2000)................................................................224
PART V. LAW RELATING TO PEOPLE ON THE MOVE ............................................................227
Section A. Universal..............................................................................................................................227
46. Convention relating to the Status of Refugees (T-1951).................................................................................................227
47. Protocol relating to the Status of Refugees (T-1967)......................................................................................................232
48. Guiding Principles on Internal Displacement (V-1998)..................................................................................................234
Section B. Regional...............................................................................................................................238
(1) African Union.................................................................................................................................................................238
49. Convention Governing the Specific Aspects of Refugee Problems in Africa (T-1969).......................................................238
50. African Union Convention for Protection and Assistance of Internally Displaced Persons in Africa – “Kampala
Convention” (T-2009)...................................................................................................................................................240
51. Great Lakes Protocol on the Protection and Assistance to Internally Displaced Persons (T-2006)...................................246
(2) Association of South Eastern Asian Nations (ASEAN).......................................................................................................248
52. ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (V-2007)...................................248
(3) Council of Europe...........................................................................................................................................................250
53. Parliamentary Assembly Recommendation 1631 Internal Displacement in Europe (V-2003)..........................................250
54. Recommendation Rec(2006) of the Committee of Ministers to member states on internally displaced persons (V-2006).251
(4) Organisation of American States.....................................................................................................................................253
55. Cartagena Declaration on Refugees (V-1984)................................................................................................................253
56. General Assembly Resolution 2578 (XL-O/10) Internally Displaced Persons (V-2010)...................................................255
PART VI. STANDARDS RELATING TO HUMANITARIAN ACTION.............................................257
Section A. Universal..............................................................................................................................257
57. Strengthening of the coordination of humanitarian emergency assistance of the United Nations (A 46/182 - 1991) (V-
1991)..........................................................................................................................................................................257
58. Code of Conduct for the International Red Cross and Red Crescent Movement and NGOs in Disaster Relief (V-1994)....260
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59. Convention on the Safety of United Nations and Associated personnel (T-1994)............................................................263
60. Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance
(V-2007)......................................................................................................................................................................267
Section B. Regional...............................................................................................................................273
(1) African Union.................................................................................................................................................................273
61. Declaration of the Second African Ministerial Conference on Disaster Risk Reduction (V-2010).....................................273
(2) Association of South Eastern Asian Nations (ASEAN).......................................................................................................275
62. ASEAN Agreement on Disaster Management and Emergency Response (V-2005)..........................................................275
(3) League of Arab States.....................................................................................................................................................280
63. Arab Cooperation Agreement Regulating and Facilitating Relief Operations (T-1987).....................................................280
(4) Organisation of American States.....................................................................................................................................282
64. Inter-American Convention to Facilitate Disaster Assistance (T-1991)...........................................................................282

T: Treaty
A: General Assembly of the United Nations
SC: Security Council of the United Nations
V: Various

Date of edition: January 2011
v
Foreword

This compendium comprises a selection of texts that are most relevant to Resident and Humanitarian Coordinators in their
humanitarian advocacy role. As such, it does not claim to be exhaustive. It contains relevant UN treaties, Security Council
and General Assembly Resolutions and regional treaties and other documents from all regions.
The texts are grouped into six categories corresponding to the issues RCs and HCs are most likely to face:
Part I General
Part II General Human Rights Law
Part III International Humanitarian Law
Part IV International Criminal Law
Part V Law relating to People on the Move
Part VI Standards relating to Humanitarian Action
Parts II, IV, V and VI are further sub-divided into universal and regional texts.
In order to maximize the practical relevance of the compendium, most procedural and institutional clauses have been
deleted from the texts unless they have a direct impact on RCs‘ and HCs’ work or on the substance of the legal elements.
The content of the compendium is thus limited to the substantive elements of the law. Additional information and further
references can be found in the accompanying Compendium Handbook.
vi
PART I. GENERAL
PART I. GENERAL 4. To be a centre for harmonizing the actions of nations in
the attainment of these common ends.
1. Charter of the United Nations (T-
Article 2
1945)
The Organization and its Members, in pursuit of the
WE THE PEOPLES OF THE UNITED NATIONS Purposes stated in Article 1, shall act in accordance with
the following Principles.
DETERMINED
1. The Organization is based on the principle of the
to save succeeding generations from the scourge of war,
sovereign equality of all its Members.
which twice in our lifetime has brought untold sorrow to
2. All Members, in order to ensure to all of them the
mankind, and
rights and benefits resulting from membership, shall
to reaffirm faith in fundamental human rights, in the fulfill in good faith the obligations assumed by them in
dignity and worth of the human person, in the equal rights accordance with the present Charter.
of men and women and of nations large and small, and 3. All Members shall settle their international disputes
by peaceful means in such a manner that international
to establish conditions under which justice and respect for
peace and security, and. justice, are not endangered.
the obligations arising from treaties and other sources of
4. All Members shall refrain in their international
international law can be maintained, and
relations from the threat or use of force against the
to promote social progress and better standards of life in territorial integrity or political independence of any state,
larger freedom, or in any other manner inconsistent with the Purposes of
the United Nations.
AND FOR THESE ENDS 5. All Members shall give the United Nations every
assistance in any action it takes in accordance with the
to practice tolerance and live together in peace with one
present Charter, and shall refrain from giving assistance
another as good neighbours, and
to any state against which the United Nations is taking
to unite our strength to maintain international peace and preventive or enforcement action.
security, and 6. The Organization shall ensure that states which are
not Members of the United Nations act in accordance
to ensure, by the acceptance of principles and the
with these Principles so far as may be necessary for the
institution of methods, that armed force shall not be used,
maintenance of international peace and security.
save in the common interest, and
7. Nothing contained in the present Charter shall
to employ international machinery for the promotion of the authorize the United Nations to intervene in matters
economic and social advancement of all peoples, which are essentially within the domestic jurisdiction of
any state or shall require the Members to submit such
HAVE RESOLVED TO COMBINE OUR EFFORTS TO
matters to settlement under the present Charter; but this
ACCOMPLISH THESE AIMS
principle shall not prejudice the application of
Accordingly, our respective Governments, through enforcement measures under Chapter VII.
representatives assembled in the city of San Francisco,
who have exhibited their full powers found to be in good CHAPTER II - MEMBERSHIP
and due form, have agreed to the present Charter of the
United Nations and do hereby establish an international Article 3
organization to be known as the United Nations.
The original Members of the United Nations shall be the
states which, having participated in the United Nations
CHAPTER I - PURPOSES AND PRINCIPLES Conference on International Organization at San Francisco,
or having previously signed the Declaration by United
Article 1
Nations of 1 January 1942, sign the present Charter and
The Purposes of the United Nations are: ratify it in accordance with Article 110.
1. To maintain international peace and security, and to Article 4
that end: to take effective collective measures for the
1. Membership in the United Nations is open to all other
prevention and removal of threats to the peace, and for the
peace-loving states which accept the obligations contained
suppression of acts of aggression or other breaches of the
in the present Charter and, in the judgment of the
peace, and to bring about by peaceful means, and in
Organization, are able and willing to carry out these
conformity with the principles of justice and international
obligations.
law, adjustment or settlement of international disputes or
situations which might lead to a breach of the peace; 2. The admission of any such state to membership in the
United Nations will be effected by a decision of the General
2. To develop friendly relations among nations based on
Assembly upon the recommendation of the Security
respect for the principle of equal rights and self-
Council.
determination of peoples, and to take other appropriate
measures to strengthen universal peace; Article 5
3. To achieve international co-operation in solving A Member of the United Nations against which preventive
international problems of an economic, social, cultural, or or enforcement action has been taken by the Security
humanitarian character, and in promoting and Council may be suspended from the exercise of the rights
encouraging respect for human rights and for fundamental and privileges of membership by the General Assembly
freedoms for all without distinction as to race, sex, upon the recommendation of the Security Council. The
language, or religion; and
1
Charter of the United Nations (T-1945)
exercise of these rights and privileges may be restored by action is necessary shall be referred to the Security Council
the Security Council. by the General Assembly either before or after discussion.
Article 6 3. The General Assembly may call the attention of the
Security Council to situations which are likely to endanger
A Member of the United Nations which has persistently
international peace and security.
violated the Principles contained in the present Charter
may be expelled from the Organization by the General 4. The powers of the General Assembly set forth in this
Assembly upon the recommendation of the Security Article shall not limit the general scope of Article 10.
Council.
Article 12
CHAPTER III - ORGANS 1. While the Security Council is exercising in respect of any
dispute or situation the functions assigned to it in the
Article 7 present Charter, the General Assembly shall not make any
recommendation with regard to that dispute or situation
1. There are established as the principal organs of the
unless the Security Council so requests.
United Nations: a General Assembly, a Security Council, an
Economic and Social Council, a Trusteeship Council, an 2. The Secretary-General, with the consent of the Security
International Court of Justice, and a Secretariat. Council, shall notify the General Assembly at each session
of any matters relative to the maintenance of international
2. Such subsidiary organs as may be found necessary may
peace and security which are being dealt with by the
be established in accordance with the present Charter.
Security Council and shall similarly notify the General
Article 8 Assembly, or the Members of the United Nations if the
General Assembly is not in session, immediately the
The United Nations shall place no restrictions on the
Security Council ceases to deal with such matters.
eligibility of men and women to participate in any capacity
and under conditions of equality in its principal and Article 13
subsidiary organs.
1. The General Assembly shall initiate studies and make
recommendations for the purpose of:
CHAPTER IV - THE GENERAL ASSEMBLY
a. promoting international co-operation in the political
Composition field and encouraging the progressive development of
international law and its codification;
Article 9 b. promoting international co-operation in the economic,
social, cultural, educational, and health fields, and
1. The General Assembly shall consist of all the Members of
assisting in the realization of human rights and
the United Nations.
fundamental freedoms for all without distinction as to
2. Each Member shall have not more than five race, sex, language, or religion.
representatives in the General Assembly.
2. The further responsibilities, functions and powers of the
General Assembly with respect to matters mentioned in
Functions and Powers
paragraph 1 (b) above are set forth in Chapters IX and X.
Article 10
Article 14
The General Assembly may discuss any questions or any
Subject to the provisions of Article 12, the General
matters within the scope of the present Charter or relating
Assembly may recommend measures for the peaceful
to the powers and functions of any organs provided for in
adjustment of any situation, regardless of origin, which it
the present Charter, and, except as provided in Article 12,
deems likely to impair the general welfare or friendly
may make recommendations to the Members of the United
relations among nations, including situations resulting
Nations or to the Security Council or to both on any such
from a violation of the provisions of the present Charter
questions or matters.
setting forth the Purposes and Principles of the United
Article 11 Nations.
1. The General Assembly may consider the general Article 15
principles of co-operation in the maintenance of
1. The General Assembly shall receive and consider annual
international peace and security, including the principles
and special reports from the Security Council; these
governing disarmament and the regulation of armaments,
reports shall include an account of the measures that the
and may make recommendations with regard to such
Security Council has decided upon or taken to maintain
principles to the Members or to the Security Council or to
international peace and security.
both.
2. The General Assembly shall receive and consider reports
2. The General Assembly may discuss any questions
from the other organs of the United Nations.
relating to the maintenance of international peace and
security brought before it by any Member of the United Article 16
Nations, or by the Security Council, or by a state which is
The General Assembly shall perform such functions with
not a Member of the United Nations in accordance with
respect to the international trusteeship system as are
Article 35, paragraph 2, and, except as provided in Article
assigned to it under Chapters XII and XIII, including the
12, may make recommendations with regard to any such
approval of the trusteeship agreements for areas not
questions to the state or states concerned or to the
designated as strategic.
Security Council or to both. Any such question on which
2
Charter of the United Nations (T-1945)
Article 17 CHAPTER V - THE SECURITY COUNCIL
1. The General Assembly shall consider and approve the
budget of the Organization. Composition
2. The expenses of the Organization shall be borne by the Article 23
Members as apportioned by the General Assembly.
1. The Security Council shall consist of fifteen Members of
3. The Assembly shall consider and approve any financial the United Nations. The Republic of China, France, the
and budgetary arrangements with specialized agencies Union of Soviet Socialist Republics, the United Kingdom of
referred to in Article 57 and shall examine the Great Britain and Northern Ireland, and the United States
administrative budgets of such specialized agencies with a of America shall be permanent members of the Security
view to making recommendations to the agencies Council. The General Assembly shall elect ten other
concerned. Members of the United Nations to be non-permanent
members of the Security Council, due regard being
Voting specially paid, in the first instance to the contribution of
Members of the United Nations to the maintenance of
Article 18 international peace and security and to the other purposes
of the Organization, and also to equitable geographical
1. Each member of the General Assembly shall have one
distribution.
vote.
2. The non-permanent members of the Security Council
2. Decisions of the General Assembly on important
shall be elected for a term of two years. In the first election
questions shall be made by a two-thirds majority of the
of the non-permanent members after the increase of the
members present and voting. These questions shall
membership of the Security Council from eleven to fifteen,
include: recommendations with respect to the maintenance
two of the four additional members shall be chosen for a
of international peace and security, the election of the non-
term of one year. A retiring member shall not be eligible for
permanent members of the Security Council, the election of
immediate re-election.
the members of the Economic and Social Council, the
election of members of the Trusteeship Council in 3. Each member of the Security Council shall have one
accordance with paragraph 1 (c) of Article 86, the representative.
admission of new Members to the United Nations, the
suspension of the rights and privileges of membership, the Functions and Powers
expulsion of Members, questions relating to the operation
of the trusteeship system, and budgetary questions. Article 24
3. Decisions on other questions, including the 1. In order to ensure prompt and effective action by the
determination of additional categories of questions to be United Nations, its Members confer on the Security Council
decided by a two-thirds majority, shall be made by a primary responsibility for the maintenance of international
majority of the members present and voting. peace and security, and agree that in carrying out its
duties under this responsibility the Security Council acts
Article 19
on their behalf.
A Member of the United Nations which is in arrears in the
2. In discharging these duties the Security Council shall
payment of its financial contributions to the Organization
act in accordance with the Purposes and Principles of the
shall have no vote in the General Assembly if the amount of
United Nations. The specific powers granted to the Security
its arrears equals or exceeds the amount of the
Council for the discharge of these duties are laid down in
contributions due from it for the preceding two full years.
Chapters VI, VII, VIII, and XII.
The General Assembly may, nevertheless, permit such a
Member to vote if it is satisfied that the failure to pay is 3. The Security Council shall submit annual and, when
due to conditions beyond the control of the Member. necessary, special reports to the General Assembly for its
consideration.
Procedure
Article 25
Article 20 The Members of the United Nations agree to accept and
carry out the decisions of the Security Council in
The General Assembly shall meet in regular annual
accordance with the present Charter.
sessions and in such special sessions as occasion may
require. Special sessions shall be convoked by the Article 26
Secretary-General at the request of the Security Council or
of a majority of the Members of the United Nations. In order to promote the establishment and maintenance of
international peace and security with the least diversion for
Article 21 armaments of the world’s human and economic resources,
the Security Council shall be responsible for formulating,
The General Assembly shall adopt its own rules of
with the assistance of the Military Staff Committee referred
procedure. It shall elect its President for each session.
to in Article 47, plans to be submitted to the Members of
Article 22 the United Nations for the establishment of a system for
the regulation of armaments.
The General Assembly may establish such subsidiary
organs as it deems necessary for the performance of its
functions.
3