ABSTRACT

This paper seeks to bring

you to an understanding
of a research done by
group One on the UN
system of protecting
human rights
iNTERNATIONAL HUMAN RIGHTS LAW GROUP 1 (2.1 C)
BLW2204
NAME REGISTRATION NUMBER SIGNATURE

SUSAN BRADBURY OGENDO BLAW/2023/62755

DAPHA OMAR BLAW/2023/62651

ILSE JANE OTIENO BLAW/2023/61837

GALGALO ALIROBA BLAW/2023/63683

LINAH NYUKURI BLAW/2023/63055

KHALID ABDULLAHI BLAW/2023/72630

RAIHAB WANG’ONG’U BLAW/2023/72024

SIMIYU EZEKIEL JUMA BLAW/2023/58482

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 1. HISTORY AND CONCEPTION OF THE UNITED NATIONS
Before the United Nations
The League of Nations was established in 1920 after world war 1 and was the first international
organization aimed at maintaining global peace and preventing future conflicts.
Despite it's noble goals the League of Nations failed to prevent world war II which exposed the
weaknesses of the league’s structure and enforcement mechanisms.
The devastation of world war II heightened the need for a stronger more effective international
organization to promote peace ,security and human rights.
The league’s weaknesses example; lacking key powers like the US laid the groundwork for the
United Nations. It informed the creation of stronger institutions and processes within the UN.
In essence, the United Nations is a product of lessons learnt from the League of Nations aiming
to create a more inclusive ,robust and effective global organization to promote peace and human
rights.
Discussions about an organization that will be more effective began during the war itself.
2. CONCEPTION OF THE UN .
As World War II was about to end in 1945, nations were in ruins, and the world wanted
peace .Representatives of 50 countries gathered at the United Nations Conference on
International Organization in San Francisco, California from 25 April to 26 June 1945.
For the next two months, they proceeded to draft and then sign the UN Charter, which created a
new international organization, the United Nations, which, it was hoped, would prevent another
world war like the one they had just lived [Link] months after the San Francisco
Conference ended, the United Nations officially began, on 24 October 1945, when it came into
existence after its Charter had been ratified by China, France, the Soviet Union, the United
Kingdom, the United States and by a majority of other signatories.
Now, more than 75 years later, the United Nations is still working to maintain international peace
and security, give humanitarian assistance to those in need, protect human rights, and uphold
international law.
At the same time, the United Nations is doing new work not envisioned for it in 1945 by its
founders. The United Nations has set sustainable development goals for 2030, in order to achieve
a better and more sustainable future for us all. UN Member States have also agreed to climate
action to limit global warming.
With many achievements now in its past, the United Nations is looking to the future, to new
achievements.
The history of the United Nations is still being written.

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 3. ROLE OF THE UN IN PROMOTING HUMAN RIGHTS
1. Advocacy and Campaigns: The UN conducts global advocacy campaigns to raise awareness
and educate the public about human rights issues. These campaigns aim to mobilize public
opinion and encourage action against human rights abuses.
2. Technical Cooperation and Assistance: The UN provides technical assistance to countries to
help them implement international human rights standards. This includes training, advice, and
support in areas such as legal reform, institution-building, and human rights education.
3. Monitoring and Reporting: The UN monitors human rights situations worldwide and reports
on violations. This includes collecting data, conducting investigations, and publishing reports
that shed light on human rights abuses and recommend corrective measures.
4. Treaty Bodies: The UN has established various human rights treaty bodies, which are
committees of independent experts that monitor the implementation of core international human
rights treaties. These bodies review state reports, issue recommendations, and consider individual
complaints.
5. Human Rights Conferences and Forums: The UN organizes international conferences,
forums, and summits on human rights issues. These events provide platforms for dialogue,
sharing best practices, and developing strategies to address human rights challenges.
6. Field Operations and Presence: The UN has a field presence in many countries, where it
works directly with governments, civil society, and communities to promote and protect human
rights. Field offices and missions provide on-the-ground support and assistance.
7. Specialized Agencies and Programs: Various specialized agencies and programs within the
UN system have specific mandates related to human rights. For example:
- The International Labor Organization (ILO) focuses on labor rights and working conditions.
- The United Nations Office on Drugs and Crime (UNODC) addresses human rights in the
context of crime prevention and criminal justice.
- The United Nations Population Fund (UNFPA) works on issues related to reproductive health
and rights.
8. Partnerships and Collaboration: The UN collaborates with regional organizations, non-
governmental organizations (NGOs), and other stakeholders to strengthen human rights
protection. These partnerships enhance the reach and impact of human rights initiatives.
9. Combating Discrimination: The UN actively works to combat discrimination based on race,
gender, religion, disability, and other grounds. Initiatives like the Convention on the Elimination
of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of
Persons with Disabilities (CRPD) are key examples.

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10. Human Rights-Based Approach to Development: The UN promotes a human rights-based
approach to development, ensuring that development policies and programs are aligned with
human rights principles. This approach emphasizes participation, accountability, and non-
discrimination.
11. Universal Periodic Review (UPR): The UPR is a unique process that involves a periodic
review of the human rights records of all UN Member States. It provides an opportunity for each
state to declare what actions they have taken to improve human rights situations and fulfill their
obligations.
By engaging in these diverse activities, the UN strives to create a world where human rights are
respected, protected, and fulfilled for all individuals.
For instance in the case of Qatar v. United Arab Emirates the UN system applied the
International Convention on the Elimination of All Forms of Racial Discrimination, whereby in
2021, the ICJ ruled that the United Arab Emirates had violated its obligations under the
International Convention on the Elimination of All Forms of Racial Discrimination by
discriminating against Qatari nationals during the Gulf crisis. The court ordered the UAE to
ensure that Qatari nationals and companies were treated equally.
These case illustrates the UN's commitment to promoting and protecting human rights through
legal mechanisms, advocacy, and international cooperation. The organization continues to work
tirelessly to address human rights violations and ensure justice for affected individuals and
communities.

SSSUCCESSES OF THE UN SYSTEM IN

PROTECTING HUMAN RIGHTS
4. Universal Declaration of Human Rights (UDHR):
The UDHR, adopted in 1948, established a common standard of human rights for all
people. It’s served as the foundation for many international human rights laws, and its
principles have influenced the development of national legal systems worldwide.
5. Comprehensive Human Rights Treaties:
The UN has developed a robust set of legal instruments to protect human rights,
including treaties like the International Covenant on Civil and Political Rights (ICCPR)
and the Convention on the Rights of the Child (CRC), which have been ratified by the
majority of the world’s countries.
6. The Human Rights Council (HRC):
The HRC, established in 2006, plays a key role in monitoring and responding to human
rights violations. It provides a forum for countries to discuss human rights issues, review
compliance, and share best practices through periodic Universal Periodic Reviews (UPR).
7. Special Rapporteurs and Independent Experts:
The UN appoints Special Rapporteurs to investigate human rights situations in specific

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 countries or on specific issues (e.g., freedom of expression, torture). These experts gather
information and provide unbiased reports that raise international awareness.
8. Peacekeeping Missions:
The UN’s peacekeeping forces have been instrumental in protecting human rights during
and after conflicts. Peacekeepers help prevent atrocities such as genocide, ethnic
cleansing, and war crimes in regions experiencing conflict.
9. Promotion of Gender Equality:
The UN’s efforts to promote gender equality are evident through conventions like
CEDAW (Convention on the Elimination of All Forms of Discrimination against
Women). The organization has raised awareness about issues such as child marriage,
gender-based violence, and women's rights to education and healthcare.
10. Global Awareness Campaigns:
The UN has led global campaigns to raise awareness of issues like child labor, modern
slavery, and the rights of refugees. Its advocacy efforts have generated international
pressure that has led to policy changes and better protection for vulnerable groups.
11. Humanitarian Assistance:
Agencies such as the UN High Commissioner for Refugees (UNHCR) and UNICEF have
been at the forefront of providing emergency humanitarian aid to victims of war, natural
disasters, and persecution. This support has alleviated suffering and provided life-saving
aid to millions.
12. International Criminal Court (ICC):
The UN has supported the creation of the International Criminal Court, which prosecutes
individuals for genocide, war crimes, and crimes against humanity. This tribunal has
contributed to the accountability of individuals who commit severe human rights
violations.
13. Sustainable Development Goals (SDGs):
Through the SDGs, the UN has committed to ensuring that human rights are integrated
into sustainable development. The SDGs aim to end poverty, inequality, and ensure
access to education, healthcare, and clean water—fundamental human rights for all.

Challenges of the UN System in Protecting Human Rights

1. Lack of Binding Enforcement Power:

While the UN can make recommendations, it doesn’t have the authority to enforce
compliance with human rights laws. This limits its ability to compel countries to address
violations or make necessary reforms.
2. Political Influence on Human Rights Council:
The selection of members to the Human Rights Council is often influenced by political
considerations, meaning countries with poor human rights records can still gain
membership. This political bias undermines the council’s credibility and effectiveness.
3. Inconsistent Application of Human Rights Standards:
The UN has been criticized for selectively applying human rights standards, focusing on
some countries while overlooking violations in others, especially when powerful nations
are involved or have significant geopolitical interests.
4. Sovereignty vs. International Intervention:
Many countries resist international intervention in their internal affairs, viewing it as an

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 infringement on their sovereignty. This makes it difficult for the UN to take action in
states where human rights abuses are widespread but the government is unwilling to
cooperate.
5. Limited Resources for Human Rights Work:
UN agencies focused on human rights often operate under budget constraints, which
limits their ability to monitor violations, provide support, or follow up on cases. In some
regions, financial shortages have hindered the effectiveness of human rights programs.
6. Challenges in Conflict Zones:
The UN often faces obstacles in conflict zones where human rights violations are most
prevalent. Armed conflict, instability, and the breakdown of governance make it difficult
for the UN to provide effective protection or even gather accurate information on abuses.
7. Lack of Accountability for Major Powers:
Despite international norms, major powers with veto power in the UN Security Council,
such as the US, China, or Russia, often avoid scrutiny for human rights abuses. Their
influence limits the UN’s ability to hold these states accountable for violations.
8. Slow Response to Emerging Crises:
The UN’s bureaucratic processes and need for consensus among member states often lead
to delays in responding to emerging human rights crises. This is especially problematic
when rapid action is needed to prevent mass atrocities.
9. Failure to Address Systemic Inequalities:
While the UN has made progress on human rights, many systemic issues, such as
poverty, inequality, and discrimination, remain unaddressed. The UN’s efforts often focus
on immediate crises but fail to tackle the underlying causes of human rights violations.
10. Non-compliance by States:
Even when countries sign human rights treaties or agree to UN recommendations, many
do not fully implement them. In some cases, they may sign agreements but continue to
violate human rights, knowing that the UN lacks mechanisms to enforce compliance.

Recommendations for Improving the UN System in Protecting Human Rights

1. Strengthen Enforcement Mechanisms:

The UN should create stronger mechanisms for enforcing human rights, such as binding
resolutions or sanctions for countries that persistently violate rights. This would help
ensure accountability and encourage states to comply with international human rights
standards.
2. Increase Transparency in the Human Rights Council:
The UN should work to eliminate political bias in the Human Rights Council by ensuring
greater transparency in the election of members and ensuring that countries with poor
human rights records are not in positions of power.
3. Enhance Collaboration with Civil Society Organizations:
The UN should work more closely with local human rights NGOs and grassroots
organizations, as they often have better access to information on abuses and can provide
more effective grassroots-level solutions.

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 4. Establish More Robust Early Warning Systems:
The UN should invest in developing early warning systems that can predict human rights
violations before they occur. This would enable quicker responses to emerging threats
and potentially prevent large-scale atrocities.
5. Increase Funding for Human Rights Initiatives:
Allocating more financial resources to UN human rights programs and agencies would
help them expand their reach, strengthen their monitoring capacities, and ensure that
victims receive the support they need.
6. Address Root Causes of Human Rights Violations:
The UN should place more emphasis on addressing the underlying causes of human
rights abuses, such as poverty, inequality, discrimination, and lack of education. This
would require integrating human rights into sustainable development and conflict
prevention strategies.
7. Ensure More Inclusive Global Participation:
The UN should ensure that countries from all regions, especially those from the Global
South, have a more equitable say in human rights discussions. This would create a more
balanced and representative approach to addressing global human rights issues.
8. Improve Accountability for International Actors:
Major Powers should be held accountable for their actions, and the UN should work to
overcome the political gridlock in the Security Council that allows powerful states to
avoid scrutiny for their human rights violations.
9. Enhance the Effectiveness of Peacekeeping Operations:
UN peacekeeping missions need better resources, training, and mandates to protect
civilians effectively during conflicts. Peacekeepers should receive training on human
rights, conflict resolution, and the importance of impartiality in their operations.
10. Foster Better Coordination among UN Agencies:
The UN should improve coordination between its various agencies—such as UNHCR,
UNICEF, WHO, and the OHCHR—to create a more comprehensive and cohesive
approach to human rights, ensuring that there is no overlap or duplication of efforts.

5. THE UNITED NATIONS SECURITY COUNCIL.

The United Nations Security Council (UNSC) is one of the six main organs of the United
Nations, and it plays a crucial role in maintaining international peace and security.

Composition:

The UNSC consists of 15 member countries.

There are 5 permanent members: the United States, Russia, China, France, and the United
Kingdom. These countries have veto power, meaning they can block any substantive resolution.

The other 10 members are elected for two-year terms by the General Assembly, and they do not
have veto power.

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Functions

The UNSC is responsible for responding to threats to peace, breaches of peace, and acts of
aggression.

It can authorize military action, impose sanctions, or establish peacekeeping missions.

It also makes recommendations for the admission of new UN members and for the appointment
of the Secretary-General.

Decision-Making:

Decisions of the UNSC require at least 9 out of 15 votes in favor, including the concurring votes
of all five permanent members for substantive matters.

This structure ensures that major powers have a significant influence over the council's actions.

Peacekeeping Operations:

The UNSC has established various peacekeeping missions around the world to help maintain or
restore peace in conflict areas.

Peacekeepers are often deployed to monitor ceasefires, support the delivery of humanitarian aid,
and assist in political processes.

Recent Issues

The UNSC has faced challenges in dealing with complex conflicts, such as those in Syria,
Yemen, and Ukraine, where geopolitical interests often complicate decision-making.

VETO POWER
The veto power is a significant aspect of the United Nations Security Council (UNSC) that
allows certain members to prevent the adoption of substantive resolutions.
Who Holds Veto Power:

The veto power is held by the five permanent members of the UNSC:

 The United States

 Russia
 China
 France
 The United Kingdom

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How Veto Power Works:

In order for a substantive resolution to be adopted, it must receive at least 9 votes in favor from
the total 15 members of the UNSC.

Importantly, if any of the five permanent members casts a "no" vote (i.e., vetoes the resolution),
it cannot be adopted, regardless of the number of votes in favor.

Types of Decisions Affected:

The veto applies to substantive matters, including issues related to peacekeeping operations,
sanctions, and military action.

However, procedural matters, such as the adoption of the agenda or the conduct of meetings, are
not subject to veto.

Purpose of the Veto:

The veto power was established to ensure that the major powers would cooperate in maintaining
international peace and security.

It serves as a check on the decisions of the UNSC, requiring consensus among the most
influential nations.

Controversies Surrounding the Veto:

The veto power has been criticized for allowing a single nation to block collective action, which
can hinder the UN's ability to respond to crises.

There have been calls for reforming the veto system, particularly to address issues like human
rights abuses and conflicts where the interests of a permanent member may prevent necessary
action.

6. EXAMPLES OF HOW UNITED NATIONS HAS PROMOTED HUMAN RIGHTS

The United Nations has played a critical role in promoting and protecting human rights globally
through various initiatives, treaties, and actions.
Some examples include;
1. Universal Declaration of Human Rights (UDHR)
It was aadopted in 1948, the UDHR is a foundational document that sets out fundamental human
rights for all people. It has inspired numerous international treaties, laws, and constitutions
around the world.
It is the foundation of international human rights law.

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2. Human Rights Treaties
The UN has facilitated the adoption of binding treaties, such as:
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Convention on the Rights of the Child (CRC)
Convention on the Rights of Persons with Disabilities (CRPD)
3. Human Rights Councill
The UN Human Rights Council (HRC) monitors human rights situations worldwide, investigates
violations, and provides recommendations to improve human rights practices in member states.
4. Special Rapporteurs and Experts
The UN appoints Special Rapporteurs and independent experts to monitor, investigate, and
report on specific human rights issues e.g freedom of speech, minority rights, and violence
against women.
5. Peacekeeping Operations
UN peacekeeping missions often include mandates to protect civilians, prevent human rights
abuses, and assist in rebuilding societies affected by conflict.
6. Universal Periodic Review (UPR)
The UPR is a process in which the human rights records of all UN member states are reviewed
every four years, encouraging accountability and progress.

7. Campaigns and Awareness Programs

The UN leads global campaigns to raise awareness about issues such as gender equality, racial
discrimination, and climate justice. For example, the UN Women initiative advocates for
women's rights and empowerment.
8. Office of the High Commissioner for Human Rights (OHCHR)
The OHCHR works to promote and protect human rights by providing technical assistance to
governments, supporting the development of legislation, and responding to human rights crises.
9. Support for Refugees and Displaced Persons

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The UN High Commissioner for Refugees (UNHCR) protects the rights of refugees, asylum
seekers, and stateless individuals, ensuring their safety and dignity.
10. Accountability for Crimes Against Humanity
The UN supports mechanisms like the International Criminal Court (ICC) and ad hoc tribunals
to hold perpetrators of genocide, war crimes, and crimes against humanity accountable.

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