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International Human Rights Agreements
This is a brief account of the prominent international treaties pertaining to human rights*. The principle affirmation of global human rights, the Universal Declaration of Human Rights, was ratified by the United Nations in 1948, 3 years after Germany's unconditional surrender.
Article Contents
International human rights law is primarily the domain of the Office of the High Commissioner for Human Rights. International agreements on human rights are first outlined by the General Council and then enter into force after being ratified by a sufficient number of member states. Even if a member state chooses not to ratify a particular item, some conventions, declarations, agreements or treaties may contain certain universally binding clauses, which all states are equally subject to regardless of ratification. For instance, the prohibition of torture applies to any state, regardless of whether it was party to the original Convention against Torture. As the US has demonstrated, enforcing international law is rather difficult when the member states with the most powerful military forces consider themselves exempt from the rule of law.
Human Rights and Humanitarian Law
Note the subtle distinction in the terminology: human rights law refers to international agreements that apply during peacetime and wartime, whereas humanitarian law refers to the rights of persons in the context of armed conflict. Whereas certain predetermined articles of human rights law may be suspended in the event of an emergency, humanitarian law cannot be circumvented under any circumstances, as it was written specifically for application during an emergency (e.g. armed conflict).
Human Rights Law
I have listed the agreements below in the order in which they entered into force, as opposed to the order in which they were adopted and opened for signature by the General Assembly.
- 10 December 1948 -- Universal Declaration of Human Rights
- 12 January 1951 -- Convention on the Prevention and Punishment of the Crime of Genocide
- 4 January 1969 -- International Convention on the Elimination of All Forms of Racial Discrimination
- 3 January 1976 -- International Covenant on Economic, Social and Cultural Rights†
- 23 March 1976 -- International Covenant on Civil and Political Rights
- 23 March 1976 -- Optional Protocol to the International Covenant on Civil and Political Rights‡
- 15 December 1989 -- Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty‡
- 3 September 1981 -- Convention on the Elimination of All Forms of Discrimination against Women†
- 22 December 2000 -- Optional Protocol to the Convention on the Elimination of Discrimination against Women‡
- 26 June 1987 -- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- 22 June 2006 -- Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment‡
- 2 September 1990 Convention on the Rights of the Child†
- 18 January 2002 -- Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
- 12 February 2002 -- Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
- 1 July 2003 -- International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families‡
Human Rights Agreements not yet Entered into Force
The following agreements have not yet entered into force, and are listed in the order in which they were adopted by the General Assembly.
- 13 December 2006 -- Convention on the Rights of Persons with Disabilities‡
- 13 December 2006 -- Optional Protocol to the Convention on the Rights of Persons with Disabilities‡
- 20 December 2006 -- International Convention for the Protection of All Persons from Enforced Disappearance‡
Humanitarian Law
The core component of international humanitarian law is the four "Geneva Conventions," the first of which was adopted in 1864. Generally, though, the term "Geneva Conventions" refers to the four conventions adopted in 1949. Once again, the dates that the treaties entered into force are listed.
- First Geneva Convention, 21 October 1950 -- Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field
- Second Geneva Convention, 21 October 1950 -- Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea
- Third Geneva Convention, 21 October 1950 -- Geneva Convention relative to the Treatment of Prisoners of War
- Fourth Geneva Convention, 21 October 1950 -- Geneva Convention relative to the Protection of Civilian Persons in Time of War
- 5 March 1970 -- Treaty on the Non-Proliferation of Nuclear Weapons
- 26 March, 1975 -- Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction
- Protocol I, 7 December 1979 -- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts
- Protocol II, 7 December 1978 -- Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts
- 29 April 1997 -- Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction
- 1 March 1999 -- Convention on the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction
- Protocol III, Not yet entered into force -- Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem, 8 December 2005
International Judicial Bodies
Non-Government Human Rights Organizations
- Amnesty International
- Human Rights First
- Human Rights Watch
- International Committee of the Red Cross
- Physicians for Human Rights
Additional Resources
* As an Ecologist, my knowledge of international law is still nascent, so I have primarily focused on compiling a list of the core international human rights treaties. As my knowledge expands, I will supplement these items with more synthesis and discussion.
†Signed, but not ratified by the government of the United States
‡ Neither signed nor ratified by the government of the United States
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Comments
Unveiling the true face of Australian Human Rights Commission
As a New Zealand citizen travelling to Australia for recreation purposes at the end of 2008, I was discriminatively treated by way of totally unjustified intense interrogation and full search by an Australian Customs and Border Protection Service (ACBPS) officer upon passing through Australian Customs at Gold Coast Coolangatta Airport. Following no results from my complaint directly with the ACBPS, I also lodged a complaint to the Australian Human Rights Commission, which however arbitrarily rejected my complaint only based on 'the ACBPS has wide powers' by taking in all its arguments but none of mine, even ignore that the ACBPS went out of their way to lie about what indeed happened and provided contradictory statements. Believing wide powers doesn't justify power abuse and a human rights government agency shall protect the victim not the offender, I would like to expose the true nature of the Australian Human Rights Commission. May I hereby elaborate more on how the Australian Human Rights Commission becomes a shameful human rights violation defender?
The aforementioned incident with me being discriminatively treated occurred around 6PM, 29th November 2008. After landing and passing through the customs checkpoint, I was singled out out of over 100 passengers and pulled aside for baggage inspection officer Aisha Olesinski. She asked me customs related questions as per on the incoming passenger arrival card.
Upon examining my New Zealand passport, she escalated her questioning to interrogation with questions:
- Why are you coming to Australia;
- How long will you stay in Australia;
- Where about do you stay in Gold Coast;
- What's your itinerary like while in Australia;
- What will you do while you're here;
- Do you know anybody in Gold Coast;
- Whereabouts in New Zealand do you live;
- Do you have a job in New Zealand;
- Do you have a credit card;
- Why do you have 2 mobile phones.
During her questioning, she opened up and inspected all my baggage as well as my personal belongings with me, i.e. all pocket contents, wallet and mobile phones. She seemed content when she saw my credit card. I was held up by her for about 20 minutes and the delay caused me missing out on my shuttle transfer. Her 2 female colleagues were present throughout the incident. In addition, they failed to inform me of any rights at the scene, including my rights to not answer unreasonable questions and make a complaint on the spot.
Her interrogation was totally ungrounded, unnecessary and unjustified; as a lawful New Zealand citizen, I was already granted a Special Category Visa with the right to remain indefinitely in Australia and to work without restrictions (http://www.immi.gov.au/allforms/travel-documents/new-zealand.htm#a), which serves as a direct proof that her intrusive interrogation offers no value or whatsoever to Australian Customs in my case as by law I am entitled to stay, work and live in Australia indefinitely regardless of whether I have a job, a credit card or know any Australians. The fact is where I live or having a job doesn't alter my admissibility and whatever my answers are make absolutely no difference whatsoever. New Zealand passport holders sharing the same express immigration clearance passageway as Australian citizens should not be ridiculed like this and such an interrogation was entirely discriminatively motivated.
I have since lodged a formal complaint to Australian Customs and their handling has been a sheer disappointment. Their final response from ACBPS National Manager, Airport Operations North, Ms. Gayle Brown dated 15 May, 2009 argues that it is part of their ‘risk management to prevent illegal movement of people across the border’, which I wouldn’t be surprised they exploit to fend off allegations of their power abusing behaviours which could not be justified or explained otherwise. It is evident that the only possible explanation for my mistreatment is because of my ‘different’ skin colour and discriminated against because of my race.
Following my complaint to Australian Human Rights Commission, ACBPS submitted their response accusing me being 'evasive and abrupt' when questioned by Olesinski in the vicinity of the baggage collection belt possibly because I was uncomfortable with being searched by a female officer, which led to the interrogation and full search.
That is an utter lie. To start with, I was not questioned by anyone next to the baggage carousel; in fact I never saw her until after my luggage was X-rayed, which was way past the carousel area. Secondly, I was not searched by the carousel either so how could I be 'uncomfortable with being searched by a female officer', which never happened? All in all, there was no pre-questioning or search leading to her interrogation and full search. I was referred to her by the X-ray scanner operator after he saw I responsibly flagged I carried with me fish oil capsules on my arrival card. There was no trigger prior otherwise. In addition, another letter from ACS contradictorily stated 'The officer involved has reported to me that she was able to address any possible concerns during this time, through the questions she asked and the answers that you gave. Thank you for your co-operation in this regard'. How could I be 'evasive and abrupt' as well as co-operative at the same time?
Surprisingly enough, Ms. Karen Toohey from the Australian Human Rights Commission rejected my claim quoting 'lacking in substance' and the case officer was requesting further ‘direct’ evidence despite the incident itself being self-evident, even after I explained that more than often racial discrimination occurs covertly, which can be adequately inferred from the facts. Her decision of terminating my complaint didn't at all take into account my arguments, including the cover-up attempts from ACS whilst took aboard all of theirs (primarily 'the ACS has wide powers') without any discretion. She even had a fundamental misunderstanding of ‘human rights’; she believed there was no human rights violation because ‘I could comply with the ACBPS’ inspection procedures’, other than looking into their fairness and reasonableness. The fact is human rights are irrelevant to a man’s compliance capability – one could comply with many things but that doesn’t make them right. The reasons (cannot be attached here so available upon request) illustrated in the Notice of Termination report have no logic principles behind thus make no sense other than simply stacks up all arguments from both sides before rushes to the decision at the end.
Feeling deeply depressed and traumatized was how I started my week long holiday in Gold Coast which was supposed to be relaxing and enjoyable. Its detrimental effect rippled through and my holiday was petty much ruined. I have also been struggling to leave this behind me and I just cannot. For countless times thereafter, I wake up in the middle of the nights and ask myself millions of times “Why me? Why did she racially discriminate me?’, to which the answers I do not know and probably nor will I ever find them out. I am constantly gripped by tears, anger, stress, frustration, depression and desperation even to this day. Days have never been so dark and my life is never the same after the incident.
I sincerely hope the insights of what the Australian Human Rights Commission be truly of interest to some of you as it has evidently become a protector of human rights violators and a suppressor of the victims. Please do not hesitate to get in contact should you require any further information(Vicious.AU.Human.Rights.Commission@gmail.com). Finally, I am thankful of you kindly taking time to listen.
insulting my religion and forceful removal of my hijab
Complaint regarding insulting my religion and forceful removal of my hijab at Sporting Club
I am a member in Sporting Club in Alexandria. While I was in the cafeteria located in the tennis area, several senior members came in. They want this place exclusively for them. They began to harass me, asking me what my name was, etc. And sending the security guys who asked me to show my club's membership, despite the fact that I was inside the club (although I passed from the club gate and showed it to the security there). I noticed the gossip among the senior members. Then, security spoke to me impolitely and told me that I should show him my membership card for my sake the security guy said to me “better for you to show me the card”. I did not know what he meant by “better for you”! He continued “I will not let you go out of the club and will tie your hands”! , and threatened to bind me and hit me then called the other security guys and blocked my way by his body. He was really close to my body in a way I could not imagine. This cannot be a sporting club security! I tried to go out of this club, but alas! He blocked my way again and was so close that I felt the dribbles of his mouth on my face! , and if I had any dignity I would not show my membership again to impolite and arrogant people like that, He insulted me He kept on saying repeatedly to my face “”you are impolite”, "you are impolite" repeated it several times., I do not know the secret behind this power and arrogance, but it is clear that he is backed by the Security Office and the senior members who want to make this area an exclusive right for the VIP! He repeated that "Ahmed" wanted her. I don’t know who Ahmed is!
The following day, I went to the Security Office to complain. They asked about the time of the accident, I told them 4 p.m. The man there told me that he cannot do anything until he consults "Ahmed Beshr", who is responsible for the security noon shift. I went home and returned back to the club. It was 4.30 p.m. and I entered from the club gate at Abu Qir Street. I showed my membership card to the security as usual. I headed the club Security Office. There, I met Ahmed Beshr, the security manager, who was not less impolite and arrogant than the other security guy! He threatened me saying that he will tie my hands and would not let me out of the club.
An employee in the same office spoke to me rudely and impolitely. At this moment, I understood he is "ahmed " that those are the backing power behind the security behavior. I tried to go out from this office to complain to the club Board of Directors. Ahmed Beshr prevented me and closed the office door. I tried again to go out but Ahmed Beshr slapped me on the face, then another one in the room gave me a box on my eye and another in my head! He started to curse the religion (insult my religion) repeatedly. I shouted out of the window and tried to seek help. Medhat Warda, the famous basketball player, tried to close the window.
I tried to get out but Ahmed Beshr threatened me again saying, “if I see you here again in the club, I will ………”. I tried and insisted to open the door and go out, here Ahmed Beshr told me I will not let you go out and threatened to get a soldier from Sedi Jaber police to tie my hands. Then he, with the other employee and security, caught me by the hand and Ahmed Beshr hit me in my chest. Then Ahmed Beshr kicked me off in the face and abdomen and back and nape. They hit me in several places in my body by their legs and hands. Above all, they unveiled my Hijab!! I am a veiled girl and could not believe what happened and why. After all of this, I was about to faint and fell down on the ground and he trod on me by his legs. This was witnessed by the senior members.
The result is injuries in my eyes, hands, legs and lower abdomen. It is all because I objected to this impolite security man. Ahmed Beshr asked them to throw me out of the club, without my Hijab and without my shoes. I returned back to take my Hijab and search about my shoes. I saw the security guys laugh at me as I was insulted!
I sought help from the people who were passing by and said “I need my Hijab”. The security men refused and shouted at me “shut up! Do not open your mouth and speak one word!”
I really cannot imagine why it happened to me. If I were a criminal, I would never been treated the same and nobody would dare to put their hands on my body! FYI, My parents are old members of the club since it was created. However, things changed and my father has retired 20 years ago. Now the club is for the unrespectable and impolite people! I'm a veiled girl and I also wear a wrist cover so as not to show my hands or part of my body. Given this fact, you can imagine my feelings when my Hijab was taken off and I walked barefoot in front of people. You cannot imagine how I was insulted. All my life, I refuse to join high salary jobs because they ask me to unveil my Hijab. I stick to my religion’s guidelines, although the job is really important to me. How about unveiling me and walking barefoot?!!.
The said Ahmed Beshr threatened that he would send soldiers from Sedi Jaber police station to tie my hands and beat me! FYI, the police station is in front of the club. I went to Sedi Jaber police station and reported against them (Ahmed Beshr and another man in the same office) with recorded incident No 12938/2009, misdemeanor, Sedi Jaber ,
I want to restore my rights from Sporting Club. I really fear for myself and my honor. I need them to sign a non-intervention report, since all club members witnessed the accident without doing anything! Beside the obvious injuries, there were many others that were not felt the same day. I could feel them in the second day. There were bruises along the leg and thigh, when I started combing my hair I discovered a tumor bruise under hair, I could not sleep due to another bruise in my ear. I have not seen my face after the accident and nobody at police station or hospital drew my attention that my eyes were injured and there is a red part inside.
Note: Ahmad Beshr, who is Sporting Club security manager, was the former military intelligence chief
At the Police Station
Sedi Jaber police station
I would like to explain a few things about the issue. I went to the police station which was facing the club. I did not want to make a report at this police station because Ahmed Beshr threatened me that he will call people from there to beat me, but this is the concerned police station. I thought they would treat me impolitely and make harassments and that he would have contacted the police station to reject my report. However, they let me make the report. I came to understand that they fooled me. I could make the report but never got my right! So the report was useless!
I made a report against them and it was the first time I made one. I asked the man there about the hospital, he asked how I knew about it. I said I can't move my finger and there are bruises. He asked me to go and get my father. Although I repeated my question about the hospital, he kept asking me to get my father and asked me to sign the report first. When I got my father and came back, he referred me to the hospital to record the injuries. Then, I came to know that the first report that I signed mentioned nothing about injuries and he annexed the other report that was made in my father’s presence. They played upon my young age and ignorance about laws. When I asked a lawyer about the case, he said it is useless. I knew they have common interests with the club security. Now, I want to complain against Sedi Jabir police station.
alxranda@yahoo.com
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