Statelessness and the Role of National Human Rights Institutions

2013 ◽  
Author(s):  
Laura van Waas ◽  
Monica Neal
Keyword(s):  
Human Rights ◽  
National Human ◽  
National Human Rights Institutions

scholarly journals BRIDGING THE INTERNATIONAL GAP: THE ROLE OF NATIONAL HUMAN RIGHTS INSTITUTIONS IN THE IMPLEMENTATION OF HUMAN RIGHTS TREATIES IN AFRICA

Obiter ◽  
2018 ◽  
Vol 39 (3) ◽  
Author(s):  
Aliyu Ibrahim
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Political Rights ◽  
Cultural Rights ◽  
National Human ◽  
Human Rights Treaties ◽  
Civil And Political Rights ◽  
National Human Rights Institutions ◽  
Domestic Level

While most of the United Nations (UN) treaties have committees to monitor the implementation of their provisions among their States parties, one of the major challenges they encounter is their inability to independently verify the information provided by the States parties, on the level of fulfilling their obligations to the treaties. However, the establishment of National Human Rights Institutions (NHRIs) by the majority of UN member states was meant to not only promote and protect human rights within the territories of States parties, but also to monitor the implementation of the provisions of treaties at the domestic level. This resulted in treaty bodies to encourage NHRIs, in monitoring and providing it with information on the level of implementation of the provisions of these treaties within the territories of respective States parties. This article examines whether these institutions in Africa have been able to discharge their mandates concerning the implementation of two treaties, namely, the International Covenant on Civil and Political Rights (ICCPR) which is monitored by the Human Rights Committee (HRC) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) which is overseen by the Committee on Economic, Social and Cultural Rights (CESCR). The NHRIs of South Africa, Morocco and Nigeria have been selected to test the effectiveness of these institutions. The study ultimately shows that the majority of these institutions are still far off from achieving their potential.

From gatekeepers to GONGOs

2018 ◽  
Vol 36 (2) ◽  
pp. 111-132 ◽  
Author(s):  
Fiona McGaughey
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Legal Analysis ◽  
Human Rights Law ◽  
International Human Rights ◽  
Key Stakeholders ◽  
National Human ◽  
Heterogeneous Nature ◽  
National Human Rights Institutions

Despite growing awareness of the importance of the role of Non-Governmental Organisations (NGOs) in monitoring international human rights law, there is as yet little analysis of the heterogeneous nature of NGOs and of the relationships between NGOs engaging with the United Nations (UN). This socio-legal analysis was drawn from 26 interviews with key stakeholders across the UN, Governments and NGOs. The article analyses, problematises and maps the NGO role, presenting a taxonomy with six categories of NGOs engaging with UN human rights bodies - international facilitative, gatekeeper, imperialist, domestic self-sufficient, domestic dependent and Governmental Non-governmental Organisations (GONGOs). It also considers the role of National Human Rights Institutions in engaging with the UN, vis-à-vis the NGO role. A preferred NGO model of engagement according to those in the UN receiving NGO reports is presented. The article concludes that NGOs play a pragmatic role in addressing limitations of the UN human rights system, and a normative role in contributing to global democratisation and governance.

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