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International Pact on Civil and Political rights, December
16, 1966, (Ukraine participates in this Pact since November 19,
1973); Committee on Liquidation of Discrimination of Women,
created according to the Convention on Liquidation of All forms
of Discrimination of Women, December 18, 1979 (since September
3, 1981 Ukraine participates in this Convention), Committee
Against Tortures, created according to the Convention Against
Tortures and Other Severe or Humiliating Honor Kinds of
Behaviour and Punishment, December 10, 1984 (since June 26, 1987
Ukraine participates in this Convention), Committee on Economic,
Social and Cultural Rights, created according to the
International Pact on Economic, Social and Cultural Rights,
December 16, 1966 (Ukraine is a member of this Pact since
November 19, 1973), Committee on Chidren's Rights, created
according to the Convention on Children's Rights, October 20,
1989 (Ukraine is a member of this Convention since September 27,
1989).
The named committees consist of 18 members, which should be
citizens of country - members of appropriate conventions and
which are people of high moral and which are competent in the
field of human rights. The members of the committees are chosen by
secret voting by country - members of the appropriate
convention for a period of 4 years. Such procedure of creation
of committees gives them an opportunity to solve difficult,
complex tasks of protection of human rights in the states, which
have signed appropriate international documents.
It is clear that an important element of activity of these
international bodies concerning the realization of agreements
are obligations of the member countries to participate in their
activity and to adhere their decisions. That is a feature of the
whole process of protection of human rights with the help of
international conventional bodies. If in the national
legislation there is a law, which is realized due to the activity
of courts or state bodies, the international bodies lean
exclusively to cooperation of the countries, which take the
obligations.
When the country refuses to participate in the convention on
protection of these or other rights of the person, it does not
take international measures concerning realization of these
rights.
The competence of the named committees is largely stopped. It is
nessesary to consider the Human Rights Committee work.
According to the Pact the Committee receives and considers reports
of member countries on the taken measures for realization
of the rights proclaimed in this international document. After
consideration of the reports the Committee approves
recommendations to the member countries concerning realization
of civil and political rights.The Committee can make remarks of
general character, which explain the statements of the Pact and
help member countries to realize human rights.The Committee also considers
complaints of member countries of abuse of these statements
by other member country. In this case the Committee grants its
service for permission of this argument, and in case of
disagreement of the countries nominates a special commission. May be
the most important authority of the Committee is its right to assort
arguments of persons and international non-state organizations
about abuse of human rights by the member country. The Committee
receives such right only with the specific agreement of the
member countries. The Optional Protocol to the International Pact
on Civil and Political Rights of December 16, 1966 was adopted, according to which the member countries of the Pact
take an obligation to admit the competence of the Committee to
consider arguments of countries. The members of the Pact are
93 countries, and The Optional Protocol was ratified only by 53
countries. Ukraine ratified this document on November 25, 1991.
So each person in Ukraine can address the Committee with
complaints on abuse of civil and political rights provided in
the Pact.
However, there is an important requirement: the Committee
considers such complaint only when all national opportunities of
legal protection were used. So in Ukraine the person should
address for the protection rights to court and only after the
decision of the national court, and in case of the appeal after
the decisions of supreme judicial instances, it is possible to
refer to the Human Rights Committee.
The Committee considers received complaints and offers the
countries to give an explanation. After confidential
consideration of the case and explanations or applications of
the countries the Committee notifies the interested person and
country on which complaint was sent on the consequences of
discussion.
Till March of 1991 the Committee considered 445 messages of
persons concerning 33 countries. In 119 cases the Commitee has
published conclusions and has established 93 facts of abuse of
human rights. The considered international procedure influences
maintenance of civil and political rights. In the connection with
participation of Ukraine in the Optional Protocol and
availability of difficult cases of abuse of human rights on the
territory of our country, where, as it frequently happens, national
ways of legal protection are exhausted, there is a good idea to
give an address of Human Rights Committee. Other Committees
are situated there too. This address should be written in
English: The Human Rights Commitee c/o the Centre of Human
Rights, United Nations Office 8-14 avenue de la Paix 1211 Geneva
10, Switzerland. In the message it should be indicated, that it
is posted according to the Optional Protocol to the
International Pact on Civil and Political Rights.
There must be the information about the author of the message
(surname, name, nationality, profession, date and the
birthplace, address). The author should indicate the member
country - infriger, which article of the pact was infringed and
which national ways of legal protection were used. Then there must be
indicated which abuse of human right this letter is and
the date. In the end there should be a signature of the author
of the message.
By the decision of the General Assembly of UNO it is also provided, that
all the members of the Organization should grant reports
about realization of civil, political, social and economic
rights. These reports are discussed at meetings of the Commission
on Human Rights. When the members of the Commission have questions
or need new materials they address the appropriate country. The
Human Rights Committee uses only materials given by the state.
After the discussion of the report ther Human Rights Committee will
promulgate general remarks. And after this influence of UNO on
country - infringer of rights is limited. The practice of UNO
proves, that this influence is unsufficient. Such countries as
Iran, Iraq, Afghanistan, Somali, Ruande, where there are
rough infringements of human rights, do not react to the remark
of the Committee. Therefore already there is a question of
introduction of measures in a UNO gear, which
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