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UNESCO "104 EX/Decision 3.3" as a Basis for Iraq Human-Rights Work
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How can we strengthen human rights and the rule of
international law in Iraq?
My Cold War experiences as a volunteer for the Relief Centre for
Estonian Prisoners of Conscience suggest one approach. I had the
case of Soviet prisoner Mart Niklus brought before a UNESCO Paris office
around 1988 or 1990 under a procedure outlined in the UNESCO
document '104 EX/Decision 3.3'. Only a few hours of paperwork were
required at my desk, with only a few pages of documentation.
UNESCO, satisfied that my case was properly argued, embarked on
a formal procedure of questioning with the USSR government. The
USSR government, for its part, requested that the procedure be halted
because Mr Niklus's case was under review. Mr Niklus was indeed released
from prison, perhaps in part because of this diplomatic pressure from
UNESCO. (I write 'perhaps in part' because Mr Niklus's case was being
pursued elsewhere also, notably at Amnesty International and - both
inside and outside the USSR - through peaceful street protests.)
A lively, and ultimately rather cheerful,
capsule account of Mr Niklus's experiences
at the hands of the Soviet state-security
organs may be found in Chapter 3 of my literary work,
'Utopia 2184: A Green Manifesto in the Traditions of the Permaculture
and Catholic-Worker Movements', available for free
in the 'Literary' section of my http://www.metascientia.com
(and mirrored at http://www.interlog.com/~verbum/).
Recent news from Iraq suggests that action is needed there
under the provisions of UNESCO '104 EX/Decision 3.3',
by way of complaints to UNESCO against the USA or UK.
I am happy to assist, without pay, anyone in Iraq who can persuade me
that a case exists for specific, named, persecuted individuals.
Particular attention should be given to specific
individuals detained in the Abu Ghraib prison without adequate
legal warrant. I would help draw up the necessary
submission to UNESCO, ensuring clarity and
grammatical correctness in the English and logical rigour in the
argument. If overwhelmed with work, I might call on others in Canada to
assist me. (I have senior contacts in Toronto's book-editorial
community.)
As you begin your case, you may find it useful to alert the USA State
Department of your action. You will thereby promote
a diplomatic climate in which your complaint to UNESCO can
be taken with particular seriousness at the relevant
USA administrative desks. To communicate with
State, point your Web browser to http://www.state.gov, then follow the
'Contact' link. You will find a form under a link for foreign-policy
opinions, with a 'Near-Eastern Affairs' scrolldown menu
option. You can copy-and-paste your UNESCO drafts or submissions
into that form. You should see a confirmation screen
after pressing the 'Send Question' button.
It may also be useful to send copies of your UNESCO correspondence to
major news agencies, such as Reuters, making the specifics of your
alerts to news agencies clear also to the State Department.
In general, you will want to follow the ideals of open,
also known as transparent, public administration:
you have no "slant", "angle", "spin", tacit agenda,
or propagandistic intent; you have no secrets to hide from anyone;
you are ensuring with your computer work that all relevant parties are
kept fully informed at each stage in the UNESCO process.
To find out more on the UNESCO procedure, you can
visit http://www.unesco.org. At the moment,
the relevant materials can be retrieved by following
first the link to 'Legal Instruments', then clicking on a link to
'Focus on Human Rights'. You will find a page that itself
bears the main heading
'Focus on Human Rights', containing in addition a link to
a subsidiary page with the text of '104 EX/Decision 3.3'.
For convenience, I append these two UNESCO pages to my present
document, as annexes.
My friends, my colleagues! Peace and justice will be strengthened if we,
the private citizens of the world, use our computers appropriately.
Between 1978 and 2003, 508 human-rights-violations communications
were considered under the UNESCO procedure I have referred to
here. I know the procedure can work: my own communication in the case of
USSR dissident Mart Niklus was among that 508. Mr Niklus is alive
and well today in a free Estonia. As of 2004-05-01, Estonia
is in the European Union, in concrete and practical vindication
of the principles for which Mr Niklus suffered his decades in the
gulag archipelago. Will you join me now in working with UNESCO
to strengthen peace and justice in Iraq?
(signed)
Toomas Karmo
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((ANNEXE_1
DESCRIPTION="UNESCO 'Focus on Human Rights' Page"
SOURCE="http://portal.unesco.org/en/
ev.php@URL_ID=15243&URL_DO=DO_TOPIC&URL_SECTION=201.html"
DOWNLOAD_DATE="20040501T151823Z"))
Focus on Human Rights
Under Article I, paragraph 1,of its Constitution, adopted on 16 November
1945, UNESCOs purpose is to contribute to peace and security by
promoting collaboration among the nations through education, science and
culture in order to further universal respect for justice, for the rule
of law and for the human rights and fundamental freedoms which are
affirmed for the peoples of the world, without distinction of race, sex,
language or religion, by the Charter of the United Nations.
Accordingly, in 1978 the Executive Board of UNESCO laid down a
confidential procedure for the examination of complaints (called
communications) received by the Organization concerning alleged
violations of human rights in its fields of competence, namely
education, science, culture and communication. This procedure is set out
in 104 EX/Decision 3.3 of the Executive Board. It is implement by a
subsidiary organ of the Executive Board, the Committee on Conventions
and Recommendations.
Purpose of the procedure
The purpose of the procedure is to seek a friendly solution to cases
brought to UNESCOs attention:
- by establishing a dialogue with the governments concerned to examine
with them in complete confidentiality what could be done to promote
human rights falling within the Organizations competence;
- by acting in a spirit of international cooperation, conciliation and
mutual understanding and recalling that UNESCO should not play the
role of an international judicial body (paragraph 7 of 104 EX/Decision
3.3).
Specific nature of the procedure
This procedure has certain specific features in comparison with similar
procedures existing in other agencies of the United Nations system:
- the mechanism is not treaty-based; it is a decision of the Executive
Board which defines the procedure;
- a complaint may be made against any Member State precisely because it
is a Member of UNESCO;
- the complaint will be examined following a procedure that retains its
individual nature from start to finish, unlike procedures that
consider individual communications as sources of information relating to
a given situation that reveal a set of flagrant and systematic human
rights violations;
- every effort is made under this procedure to avoid a conflictual and
accusatory context. The aim is to improve the lot of the alleged
victims, not to condemn the governments concerned, and certainly not to
penalize them.
Role of the Director-General
In 104 EX/Decision 3.3, the Executive Board recalled and confirmed the
role that the Director-General has always played with regard to the
promotion of human rights. In accordance with well-established practice,
in the context of his right of intercession, which was recognized by the
General Conference, in particular in its resolution 19 C/12.1 he has had
occasion personally to make various humanitarian representations on
behalf of persons, alleged victims of human rights violations in UNESCOs
fields of competence, whose cases demanded urgent examination.
Summary of the results of the application of the procedure laid down by
104 EX/Decision 3.3
From 1978 to 2003, 508 communications were considered by the Committee
on Conventions and Recommendations. The results concerning alleged
victims (or groups of alleged victims) for this period may be broken
down as follows:
- released/acquitted : 185
- released after completion of sentence : 10
- authorized to leave the State in question : 20
- authorized to return to the State in question : 35
- able to resume their employment or activity : 29
- able to resume a banned publication or broadcast programme : 14
- able to resume normal life following a cessation of threats : 3
- able to benefit from changes in certain education laws which
werediscriminatory towards ethnic or : 7
- religious minorities able to obtain passports and/or grants, or
receive diplomas : 12
- Total number of communications settled : 315
For more information : sec.cr@unesco.org
((/ANNEXE_1))
((ANNEXE_2
DESCRIPTION="UNESCO 'Text of Decision 104 EX/3.3' Page"
SOURCE="http://portal.unesco.org/unesco/
ev.php?URL_ID=
15249&URL_DO=DO_TOPIC&URL_SECTION=201&reload=1078925118"
DOWNLOAD_DATE="20040501T151823Z"))
Procedure
Text of Decision 104 EX/3.3 ( pdf )
Study of the procedures which should be followed in the examination of
cases and questions which might be submitted to UNESCO concerning the
exercise of human rights in the spheres of its competence, in order to
make its action more effective: Report of the Working Party of the
Executive Board (104 EX/3)
The Executive Board,
1. Mindful that the competence and role of UNESCO in the field of human
rights derive primarily from Article I.1 of the Constitution of UNESCO,
which states: 'The purpose of the Organization is to contribute to peace
and security by promoting collaboration among the nations through
education, science and culture in order to further universal respect for
justice, for the rule of law and for the human rights and fundamental
freedoms which are affirmed for the peoples of the world, without
distinction of race, sex, language or religion, by the Charter of the
United Nations', and from the Charter of the United Nations,
2. Recalling the Universal Declaration of Human Rights, the
international covenants on human rights and the various conventions and
recommendations adopted by UNESCO,
3. Recalling 19 C/Resolution 6.113 concerning UNESCO's responsibilities
in the field of human rights,
4. Recalling also 19 C/Resolution 12.1: 'UNESCO's contribution to peace
and its tasks with respect to the promotion of human rights and the
elimination of colonialism and racialism - long-term programme of
measures whereby UNESCO can contribute to the strengthening of peace';
and in particular paragraph 10 of the resolution, which invites the
Executive Board and the Director-General:
(a) to examine with particular attention the general situation with
regard to respect for human rights throughout the world in UNESCO's
fields of competence,
(b) to study the procedures which should be followed in the examination
of cases and questions which might be submitted to UNESCO concerning the
exercise of human rights in the spheres to which its competence extends,
in order to make its action more effective,
(c) to continue to establish, with a view to the implementation of
subparagraphs (a) and (b), close co-operation and co-ordination with the
relevant United Nations organs so as to take advantage of their work and
the lessons that can be learned from them in this field',
5. Having considered the report of a working group of the Board set up
by virtue of 102 EX/Decision 5.6.2 to carry out an in-depth study of
document 102 EX/19, the analytical summary of discussions that took
place at the 102nd session of the Board, and additional written comments
provided by members of the Board,
6. Mindful of Article I.3 of the Constitution of UNESCO, which states:
'With a view to preserving the independence, integrity and fruitful
diversity of the cultures and educational systems of the States members
of the Organization, the Organization is prohibited from intervening in
matters which are essentially within their domestic jurisdiction',
7. Considering that, in matters concerning human rights within its
fields of competence, UNESCO, basing its efforts on moral considerations
and its specific competence, should act in a spirit of international
co-operation, conciliation and mutual understanding, and recalling that
UNESCO should not play the role of an international judicial body,
8. Recognizing the important role of the Director-General, in:
(a) seeking continually to strengthen the action of UNESCO in the
promotion of human rights, both through the settlement of cases and the
elimination of massive, systematic or flagrant violations of human
rights and fundamental freedoms, and
(b) initiating consultations, in conditions of mutual respect,
confidence and confidentiality, to help reach solutions to particular
problems concerning human rights,
9. Invites the Director-General to pursue this role;
10. Considering that, in the exercise of its competence in the field of
human rights, UNESCO is called upon to examine:
(a) cases concerning violations of human rights which are individual and
specific,
(b) questions of massive, systematic or flagrant violations of human
rights which result either from a policy contrary to human rights
applied de jure or de facto by a State or from an accumulation of
individual cases forming a consistent pattern,
11. Considering the terms of reference of the Committee on Conventions
and Recommendations in Education,
12. Taking into account the tasks already entrusted to the Committee
concerning human rights matters within the Organization's fields of
competence,
13. Decides that the Committee will henceforth be designated 'the
Committee on Conventions and Recommendations';
14. Decides that the Committee will continue to carry out its functions
with respect to conventions and recommendations and will consider
communications received by the Organization concerning cases and
questions of violations of human rights within UNESCO's fields of
competence in accordance with the following conditions and procedures:
Conditions:
(a) Communications shall be deemed admissible if they meet the following
conditions:
(i) the communication must not be anonymous;
(ii) the communication must originate from a person or a group of
persons who, it can be reasonably presumed, are victims of an alleged
violation of any of the human rights referred to in paragraph (iii)
below. It may also originate from any person, group of persons or
organization having reliable knowledge of those violations;
(iii) the communication must concern violations of human rights falling
within UNESCO's competence in the fields of education, science, culture
and information and must not be motivated exclusively by other
considerations;
(iv) the communication must be compatible with the principles of the
Organization, the Charter of the United Nations, the Universal
Declaration of Human Rights, the international covenants on human rights
and other international instruments in the field of human rights;
(v) the communication must not be manifestly ill-founded and must appear
to contain relevant evidence;
(vi) the communication must be neither offensive nor an abuse of the
right to submit communications. However, such a communication may be
considered if it meets all other criteria or admissibility, after the
exclusion of the offensive or abusive parts;
(vii) the communication must not be based exclusively on information
disseminated through the mass media;
(viii) the communication must be submitted within a reasonable
time-limit following the facts which constitute its subject-matter or
within a reasonable time-limit after the facts have become known;
(ix) the communication must indicate whether an attempt has been made to
exhaust available domestic remedies with regard to the facts which
constitute the subject-matter of the communication and the result of
such an attempt, if any;
(x) communications relating to matters already settled by the States
concerned in accordance with the human rights principles set forth in
the Universal Declaration of Human Rights and the international
covenants on human rights shall not be considered;
Procedures :
(b) The Director-General shall:
(i) acknowledge receipt of communications and inform the authors thereof
of the above-mentioned conditions governing admissibility;
(ii) ascertain that the author of the communication has no objection to
his communication, after having been communicated to the government
concerned, being brought to the notice of the Committee and to his name
being divulged;
(iii) upon receipt of an affirmative answer from the author of the
communication, transmit the communication to the government concerned,
informing it that the communication will be brought to the notice of the
Committee, together with any reply the government may wish to make;
(iv) transmit the communication to the Committee, together with the
reply, if any, of the government concerned and additional relevant
information from the author, taking into account the need to proceed
without undue delay;
(c) the Committee shall examine in private session the communications
transmitted to it by the Director-General;
(d) the Committee shall decide on the admissibility of communications in
accordance with the above-mentioned conditions;
(e) representatives of the governments concerned may attend meetings of
the Committee in order to provide additional information or to answer
questions from members of the Committee on either admissibility or the
merits of the communication;
(f) the Committee may avail itself of the relevant information at the
disposal of the Director-General;
(g) in consideration of a communication, the Committee may, in
exceptional circumstances, request the Executive Board to authorize it
under Rule 29 of the Rules of Procedure to take appropriate action;
(h) the Committee may keep a communication submitted to it on its agenda
while seeking additional information it may consider necessary for the
disposition of the matter;
(i) the Director-General shall notify the author of the communication
and the government concerned of the Committee's decision on the
admissibility of the communication;
(j) the Committee shall dismiss any communication which, having been
found admissible, does not, upon examination of the merits, appear to
warrant further action. The author of the communication and the
government concerned shall be notified accordingly;
(k) communications which warrant further consideration shall be acted
upon by the Committee with a view to helping to bring about a friendly
solution designed to advance the promotion of the human rights falling
within UNESCO's fields of competence;
15. Decides further that the Committee shall submit confidential reports
to the Executive Board at each session on the carrying out of its
mandate under the present decision. These reports shall contain
appropriate information arising from its examination of the
communications which the Committee considers it useful to bring to the
notice of the Executive Board. The reports shall also contain
recommendations which the Committee may wish to make either generally or
regarding the disposition of a communication under consideration;
16. Decides to consider confidential reports of the Committee in private
session and to take further action as necessary in accordance with Rule
28 of the Rules of Procedure;
17. Decides also that communications transmitted to it by the Committee
which testify to the existence of a question shall be dealt with in
accordance with paragraph 18 below;
18. Considers that questions of massive, systematic or flagrant
violations of human rights and fundamental freedoms - including, for
example, those perpetrated as a result of policies of aggression,
interference in the internal affairs of States, occupation of foreign
territory and implementation of a policy of colonialism, genocide,
apartheid, racialism, or national and social oppression - falling within
UNESCO's fields of competence should be considered by the Executive
Board and the General Conference in public meetings;
19. Decides to consider at its 105th session the report to be made by
the Executive Board and the Director-General to the General Conference,
at its twentieth session, on the implementation of Part II of 19
C/Resolution 12.1.
((ANNEXE_2))
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DOCUMENT-IN-A-NUTSHELL: UNESCO-procedure howto, Iraq human-rights work
AUTHOR
__Toomas (Tom) Karmo = {t.karmo}
__416-971-6955
__((verbum@interlog.com))
__((http://www.metascientia.com))
STORAGE
__definitive archived version
is on {t.karmo} *nix workstation veritas.*
__convenient-reference version
is in "Technical" section of http://www.metascientia.com
__mirrored at http://www.interlog.com/~verbum/
REVISION HISTORY (LATEST FIRST)
*_20040501T151823Z
__prepared base version, quite hastily
DOCUMENT DESCRIPTION
__rough notes on a UNESCO human-rights grievances procedure
that persons in Iraq may be able to invoke,
and that I am willing myself willing to invoke
in joint action with persons in Iraq
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