F.N.: Kaliyakperova
Aidana Zhenyskanovna
Magister:
1 International Law course
Scientific
supervisor:
Confidante
of Sciences,
Associate
professor of
International
law F.I.R.
KazNU of al-Farabi
Tusupova
A.ZH.
UNESCO activity in sphere of protection of human
rights
Perspective directions of social
development of the modern states and positive experience of the countries of
the developed democracy were reference
points for Republic Kazakhstan. Kazakhstan aspires to take a worthy place in
the world community puts forward as the priority purpose construction and
developments of a democratic society, a
lawful state in which the higher values are
the person, his life, the rights and freedom.
Thereupon
creation and functioning of remedial mechanisms
represents an objective reality, a natural consequence of that questions of
human rights have fallen outside the limits the exclusive internal competence
of the states. In business of protection of human rights the special place is
occupied with the United Nations Organization (United Nations) and its bodies,
and one of the important bodies is one of its specialized bodies - UNESCO.
Value of mission of UNESCO in the modern world essentially
increases, as in spheres of the international cooperation mentioning intellectual
and an inner world of the person, long-term, strategic answers to many calls of
XXI century lay. Not casually, in due time the former Secretary general of the
United Nations H.Peres de Kuellar named UNESCO «conceiving head» the United
Nations [1].
UNESCO
it has been created as the intergovernmental organization on the basis of the
interstate agreement, with the authorized document defining, besides other,
structure of its bodies. According to article of III Charter of UNESCO, its
bodies are - General conference, Executive council and Secretary. Functions of
General conference are fixed in item of IV Charter [2]. Normative activity of
UNESCO consists in acceptance by General conference of the international norms
in a sphere of education, sciences and cultures in the form of conventions,
recommendations to member states, and also declarations and instructions.
Accepted 2/3 member states UNESCO conventions are obligatory only in the event
that the state ratifies the corresponding convention. After the introduction of
the convention into force, member state undertakes to give UNESCO periodic
reports on realization of the rights fixed in the convention. Thus, the UNESCO
Charter allocates General conference by large powers. Being guided by the
Charter, GK confirms procedure rules according to which it is convoked
alternate years in territory of any member state under its invitation. According
to item of I item of V Charter, Conference selects Executive council and
appoints the General director. The principal organ of UNESCO second for the
importance is Executive council which is selected General conference from among
the representatives appointed member states, as a part of 51 members from whom
everyone represents the state government which citizen it is. According to item
3 of item of V Charter, members EC are selected for 4-year-old term. However
they cannot be re-elected at once for the second term.
The control mechanism over an
embodiment in the validity of positions of conventions and UNESCO recommendations
is fixed in section VI of procedure Rules. This section is devoted developed by
General conference of corresponding recommendations to member states, and also
acceptance by General conference of the international conventions of 1950
According to point of I item
16 of the specified Rules, member states are obliged to represent to General
conference «besides the general annual reports special reports on the measures
which have been carried out by them after carrying out during a life of
conventions and recommendations, accepted by General conference». In same
article it is fixed, that the first special reports, concerning any accepted
convention or the recommendation, are represented not less than two months
prior to opening of regular session GK following that on which the
corresponding convention or the recommendation has been accepted. Moreover,
Conference can suggest to present to member states to the taken away terms the
additional reports containing the additional demanded information [3].
In turn, ÑÑ considers the presented
reports and after that Conference prepares one or several general reports about
the measures accepted by member states for carrying out during a life of
conventions or recommendations. These reports GK directs for acquaintance to member
states of the United Nations, the national commissions and any bodies specified
by Conference (item 17,18, 19). As to
such prominent aspect as cooperation of UNESCO with conventional bodies of the
United Nations it is necessary to notice, that, since 2003 are held on a
regular basis of meeting of the Incorporated commission of experts of UNESCO
(Committee on conventions and recommendations) Economic and Social Council
(Committee on the economic, social and cultural rights) on monitoring of the
right to formation.
The incorporated commission of
experts of UNESCO (Committee on conventions and recommendations) Economic and
Social Council (Committee on the economic, social and cultural rights) has
spent on April, 29th, 2011 in Geneva the eleventh meeting. At meeting results
of work of the Incorporated commission of experts from its first meeting in
2003 have been generalized and possibilities of entering by it of the special
contribution as in work of Committee on conventions and recommendations, and
Committee on the economic, social and cultural rights have been considered. On
it work methods, including forms of interaction with the Special lecturer of
the right to formation also were considered, thematic directions of its
activity for the forthcoming two-year-old period have been confirmed: expenses
for education, quality and availability of formation [4]. The committee has
taken into consideration the decision of Executive council of UNESCO that he
considers the initial purpose of the Incorporated commission of experts reached
and that, thus, the Group has carried out the problem. Thereupon Executive
council of UNESCO has decided to suspend the participation in Group and
together with Economic and Social Council (Committee) to think of the Group
future.
Procedure of protection of human rights has been developed in
1978 on the basis of that in UNESCO
the set of
messages from citizens about infringements of
human rights has arrived. For that moment yet there was no established procedure, and it has been developed further with
the assistance of Soviet Union. It was the then new procedure as in all other
procedures, in various conventions etc. for
the reference with the complaint to infringement of the rights, it was required
more formalities. And in this case formalities it was required less. The
originality of this procedure consists that procedure it is strictly
confidential and effective enough, because the state which "business"
is considered, should answer all
questions. At the same time, on the state there is a pressure, on purpose, that
it searched for an exit from a situation and that cases of infringement of
human rights were reduced.
The complaint
to the actions of the state which have broken human
rights, is considered at UNESCO session. After
reception of its complaint considers Committee on conventions and
recommendations. The named body consists of 30 state-participants and holds
meetings twice a year in headquarters of UNESCO during sessions EC (in the
spring and in the autumn). Initially the complaint is investigated about an
acceptability, and also there are the conditions defined in the Resolution of
Executive council, at conformity which, the complaint has been recognized by
comprehensible.
After consideration of the
complaint to criteria of an acceptability, the Committee passes to a legal
investigation in essence. In these purposes representatives of the
corresponding governments for granting of the necessary information are
invited. As the Committee is not the international tribunal, its work is
reduced to attempt to resolve a problem in the spirit of the international
cooperation, dialogue, reconciliation and mutual understanding. Grievance
committee work passes in strict confidentiality as the given condition is
necessary for the successful permission of a problem. Subsequently, the
Committee informs the author of the complaint and the corresponding government
on the decision which cannot be appealed against. However the Committee can
reconsider the complaint at reception of the additional information or the new
facts.
The resolution 3 Executive
councils distinctly underlines a role of the General director in business of
maintenance and encouragement of human rights. According to existing practice,
the General director can act as the representative of persons, whose rights
falling under jurisdiction of UNESCO, have been broken, if corresponding
affairs demand urgent consideration.
In 1994 D.Vajsbrodtom and
R.Farli has been undertaken attempt to estimate efficiency of procedure of
UNESCO as international mechanism of protection of the economic, social and
cultural rights [5]. The specified authors have subjected to constructive
criticism procedure of UNESCO because of it politicization, sluggishnesses
(consideration of some affairs was tightened till ten years), ease, from
which complaint appeared unacceptable, the exaggerated privacy, excessive trust
to negation of the facts of infringements from the governments. Authors of
complaints had no possibility to challenge similar statements, they also were
not supposed, unlike representatives of the government, to hearings on the business.
Further they have come to conclusion, that in the considered cases, the UNESCO
was not possible to provide protection of the rights in «sphere of the
competence». Even when the organizations managed to achieve clearing of a
victim, she did not insist on the subsequent restoration of the broken rights,
for example, the rights to the publication of compositions or realization of
the right to peace demonstration.
Stated earlier testifies as
well to presence of some vital issues which interfere with forward evolution of
the specified procedure. Besides, given procedure of UNESCO substantially
concedes to the similar procedures which are available in frameworks the ILO,
and also the similar procedures realized in system non-contractual and
conventional bodies of the United Nations [6].
First of all, it is a question
that procedure has political, instead of legal
character as its function does not consist in an establishment of
the fact of infringement of human rights with the subsequent recommendation of
acceptance of appropriate measures according to the certain legal document. The
UNESCO repeatedly declared that procedure is not quasi-judicial, and the
Committee on conventions and the recommendations, considering these complaints
— court, and never that becomes. On the contrary, all becomes to avoid
conclusions that the state has broken human rights as they can prevent
proceeding search of the decision of a question only.
As it has been noted earlier,
a procedure main objective is search of a peaceful settlement of the affairs
which have arrived in UNESCO through an establishment of confidential dialogue
with the governments on encouragement of the human rights falling under the
competence of the Organization; activity «in the spirit of the international
cooperation, reconciliation and mutual understanding with comprehension of that
UNESCO should not play a role of judicial body».
If to consider base distinctions
which exist between control mechanisms the ILO and UNESCO it is necessary to
underline especially, that such distinction consists in the nature of human
rights at which infringement corresponding complaints in frameworks the ILO and
UNESCO are considered. Various procedures of the International organization of
work consider infringements of the fundamental social and economic rights. In a
case from UNESCO it is a question of infringements of human rights in area of
expertise of this Organization, into which (besides social and economic) enter
as well the cultural rights. Some elements of the control the ILO can be used
in United Nations work. As to UNESCO activity, that, in our opinion, this specialized
organization should refuse from politicization the procedures and use an
operational experience of conventional bodies of the United Nations for
reforming of the control mechanism.
The big place in UNESCO with
reference to spheres of its competence in the present is occupied with a
problem of formation in the field of human rights. The considerable sphere for
upholding in the international plan of interests of national and language
minority, including our compatriots in the near abroad, opens in connection
with acceptance by the world community of global strategy under human rights
and struggle against xenophobia and racism [7].
Struggle against violence and necessity of prevention of terrorist
threats sometimes bears in itself a temptation to be receded from fundamental
laws and key freedom which are the base of a life of a society.
Observance of human rights is not the abstract obligation
formulated in this or that charter, it is the daily struggle which methods
should be updated constantly. Acceptance by the United Nations Organization of
the new Agenda in the field of a sustainable development for the period till
2030 of UNESCO became one of concrete political stages of struggle for
advancement of human rights strengthens activity in all areas of the
competence with a view of construction of the worthy future for all [8].
All-round realization of human
rights means general access to a quality education, freedom of expression of
opinions and the press, protection of journalists and a news media. It includes
the right of everyone to participation in a cultural life and studying of
culture of other countries in interests of more harmonious joint life and
assumes distribution of results of scientific researches equal in rights. The
UNESCO mandate, whose mission in our opinion consists in it now, after the
lapse of 70 years from the moment of its basis, is even more actual, than
before.
Human
rights
and education of global civilization
should become key elements of the agenda for the period after 2016. The major role in increase of awareness on human
rights, and also in struggle against prejudices and stereotypes is played by a
news media. Thereupon since 2005 of UNESCO co-operates with Management of the
Supreme commissioner under human rights in realization of the World education
program in the field of human rights. Within the limits of the third phase of
this program (2015-2019) the special attention will be given preparation of
journalists and experts of mass-media in the field of human rights. The similar
purposes underlie a plan of action of the International decade of rapprochement
of cultures (2013-2022). Now the UNESCO promotes advancement of these purposes
within the limits of United Nations Organization system.
Thus, observance of the international contracts in the field
of human rights is provided with activity of UNESCO which urged to carry out
the control over performance by the state-participants of obligations on
encouragement and protection of human rights.
The
literature list
1.
The former Secretaries general of the United Nations. Haver Peres de Kuellar
(Peru) (1982-1991)//UNESCO and Russia /
The commission of the Russian Federation on UNESCO affairs. – Ì, 2015
2.
Wikipedia//https://ru.wikipedia.org/wiki/%D0%AE
% D0%9D%D0%95 of % D0 of % A1%D0%9A%D0%9E
3.
Rubanik K.P.International legal of the UNESCO problem. Ì, 2009.
4.
UNESCO site www.unesco.org
5.
Vaisbrod D, Farli P. Some legal and practical aspects of coordination in
system of the United Nations in the field of human rights (on an example of
cooperation of the United Nations and UNESCO)//an international law Year-book.
1994. With. 52-55.
6.
Risdal L.Problemy of protection of human rights in incorporated Europe.
Protection of human rights in the modern world. Ì, 2011.
7.
About the strategic approach to
struggle against racism, a racial discrimination, xenophobia and the
intolerance connected with them / Management of the Supreme commissioner of the
United Nations on affairs of refugees (the United Nations)//Department of the
international protection Geneva December, 2009
8.
Day of human rights of 2015 / the Message of the General director of UNESCO of
Irina Bokovoj//http://www.unesco.org/new/ru/unesco/