CHAPTER 25 NORMS AND MACHINERY BERTRAND G. RAMCHARAN at the evolution of human rights norms an machinery in the United Nations. Certainly the system is imperfect, and it is .e impact of politics and politicization.t The record shows uups of humankind, and one could highlight th failures. Yet, the UN's history in this area hat so respect significant evolution that has a half a century—but is intertwined with the s ion that political willis often absent, resulting in s such as Riwanda, Srebrenic od b conscience-shocking vio! while there has bi ative pro nd the ‘responsibility to protect! e, and ethnic cleansing—that inspite « atever the imperfections of the Commission on Human Rights (CHR), the initial vision of an international bill of human rights—consisting of a dec the UN's h c lecide on two covenants—on civil and politic ss of implementat ory. Whi ural rights—the cont avernments do not violate the basic r 6 are used fairly to give everyone equitbrief historical overview and an outline of the principles governing human rights, the vis international bill of human rights, and th volut orn hen introd ome of the essential institutional mechan: isms before discussing implementation measures and to halt t concludes with the essential task of the future—preventic SAN FRANCISCO CHOICES nited Nations Conference on International there was a groundswell of sentiment that the ‘new 1 a foundation of human tights. Civil society o and governments developed blueprints international ill « In the US South segregation and racial discriminatic fe rife. The United Kingdom and France perpetrated egregious abuses in their lonies. The Union of Soviet Socialist Republics (USSR) had gulags—forced labor mps. Despite the grand rhetoric, the leadin s were more concerned with th Tooming struggle for supremacy than with inspiring human rights choices, hanks largely to civil society pr pon the delegates, particularly the Amer can delegation, th er included several human rights provisions that would be significant in the irst, there was the emphasis on the principle of sel ermination as the bedrock for pursuing the independence of colonies and te ries, While certainly one of the UN's achievements, it should be ni at th P cided with US interests to dismantle European empires and open uj market anding productive base.’ Second, the world organization w based on the principle of nondiscrimination on groun sex, language, 0 religion among nations and peoples, This commitment has character ever since its existence and would eof the great foundational p the new world order. Third, member states committed themselves to the : themselves to take measures jointly and separately for member states ple ievement of universal respect for huma Articles 55 and 56, was significant fo: th, and crucially in institutional terms, Charter Article 68 called for a Commi » be established as a functional organ of the Economic and442. BERTRAND G. RAMCHARAN Social Council (ECOSOC) This commission would be asked to consider proposals at had been submitted at the San Francisco conference for an international bill of human rights, While the Charter spoke of international cooperation and the pro motion of h pertaining to protection.® Languag regation in the United States, dis gs, for example, could be scrutinized in efforts to protect people, taining to protection would mean that ‘nation in the colonies, or mistreatment in In San Francisco and subsequent d n the General Assembly, the delegates o the major powers, including the much venerated Eleanor Roosevelt, argued that the UN could only act for the promotion of human rights, not their protection. This imitation would impede the development of robust human rights machinery. First, cd, the pro! rotection had to be tackled under the guise of promotion. Seca world organization would have ‘0 be built up gradually through rarely used in UN d bly gave the newly establi capacity of the practice,’ The word ‘prot N nd parlance until 1993, when the General Asse Commissioner for Human Rights the competence ne San Fr isco choice for promotion over protection had major consequences throughout the Cold War. The CHR, with the former American first lady Eleanor Roosevelt herself at the helm, initially took the view that it had no competence to act ing gross violations of human rights in parts of the world, It took great usands of petitions cone nnuity to establish procedures to foster diffe the human rights agenda, annual debates to discuss gross violations. How this procedure will fare with the Human Rights Council remains to be see With the wave of decolonization in the 1960s, newly independent states assumed seats at the UN and pushed for procedures to deal with gross violations of human aid the rights in the remaining colonies and apartheid South Africa. Their efforts foundation for the procedures and mechanisms subsequently developed. Ironically, jould not seek to those very developing countries now are arguing that the UN condemn countries but should rather se coope han confrontation, promotion rather than protection. The way forward must bea judicious combination of promotion and protection. The key must surely lie in n efforts to build an effective national protection system in each prevention throug! country that covers not only civil and political but also economic, social, and cultural The Vision of an International Bill of Human Rights wvernments, especially from Latin America, proposed that hts, Partly because of At San Francisco the Charter should contain an international bill of human co xy and partly because of shortage of time, the question was referred to the newly established Commission on Human Rights. Alter the commission was formally constituted, it set forth the vision of an international bill that would contain three parts: a declaration of moral principles and me ation o Interna Interna treaties more d the pre coulda endang six dec The a ate the Gi Person widesy parts giving and A an ap and p count (60-ca progr as the