The United Nations

International Convention on the Elimination of All Forms of Racial Discrimination

- Eliminates racial discrimination and promotes understanding among all races - Ratified 30 October 1975, except article 14 (1993) - Racial Discrimination Act, 1975 The Commission: - Conciliating individual complaints of racial discrimination; - Assisting courts in discrimination matters - Intervening in court cases in which human rights issues are raised; - promote compliance with human rights principles for Indigenous Peoples - Education functions to promote awareness and understanding - The Australian Human Rights Commission has prepared an independent report which outlines Australia's progress with the Convention - Prohibits racial discrimination by persons, groups and organisations - Ensures effective protection and remedies for victims of racial discrimination - Promotes taking special measures, as necessary, to ensure that disadvantaged racial groups have full and equal access to human rights and fundamental freedoms - Combats the prejudices that lead to racial discrimination, and eliminate the barriers between races, through the use of education and information, and by encouraging organisations and movements. - (vii) The right to freedom of thought, conscience and religion;

The Trusteeship Council

- Inactive since 1994, when Palau, attained independence. To meet only if required or requested by the general assembly. - Provide international supervision for II Trust Territories placed under the administration of 7 member states. - Takes adequate steps to ensure those Trust Territories are prepared for self-government or independence.

General Assembly:

- May resolve non-compulsory recommendations to states or suggestions to the Security Council - Decides on the admission of new members, UNSC proposal - Adopts the budget - Elects members of ECOSOC; the UN Secretary General and the fifteen judges of the International Court of Justice (ICJ). Each country has one vote. - Main deliberative assembly of the United Nations. Composed of all United Nations member states - Led by a president, elected from among the member states for a 1-year term, and 21 vice-presidents. - Votes on important questions, a two-thirds majority of those present and voting is required Other decisions require a simple majority. - 193 members (i.e. nations) are represented. - Meets every September in New York. - Deliberative, policymaking and representative organ of the United Nations. - discuss matters such as, budgetary, new members, peace and security.

Economic and Social Council

- Principal body for coordination, policy review, policy exchange and recommendations on social, economic and environmental issues. - 54 members elected at the general assembly for overlapping 3-year terms. - Central platform for debate and innovation on sustainable development.

human right and democracy

- Respect for human rights and fundamental freedoms and the principle of holding periodic and genuine elections by universal suffrage are essential elements of democracy. - These values are embodied in the Universal Declaration of Human Rights and further developed in the International Covenant on Civil and Political Rights, which enshrines a host of political rights and civil liberties underpinning meaningful democracies. -The rights enshrined in the International Covenant on Economic, Social and Cultural Rights and subsequent human rights instruments covering group rights (e.g. indigenous peoples, minorities, persons with disabilities), are equally essential for democracy as they ensure an equitable distribution of wealth, and equality and equity in respect of access to civil and political rights.

Security council

- Responsible for the maintenance of international peace and security among countries - Power to make binding decisions that member states have agreed to carry out. - Made up of fifteen member states, consisting of five permanent members—China, France, Russia, the United Kingdom, and the United States) and 10 nonpermanent. - each member has one vote. Permanent members have veto power. - All member states are forced to comply with decisions. - Can impose sanctions or authorize force to restore international peace. - The ten temporary seats are held for two-year terms, with member states voted in by the General Assembly on a regional basis. The presidency of the Security Council rotates alphabetically each month.

Mabo international law

- Shows how Common Law can protect rights - The Mabo Case was a significant legal case in Australia that recognized the land rights of the Meriam people, traditional owners of the Murray Islands - legal action against the state of Queensland - high court decided the the terra nullis was incorrectly applied. Prinicpals of native title were replaced. - native title is part of australian system of property law and common law

UN Secretariat:

- Supports the other UN bodies administratively. - Its chairperson - the UN Secretary General - is elected by the General Assembly after being recommended by the security council for a five-year renewable term and is the UN's foremost representative - It provides studies, information, and facilities needed by United Nations bodies for their meetings. - Carry out day-to-day functions of the United Nations and carries takes of other UN bodies - each department or office is has a distinct area of action and responsibility

Protocol

- The term protocol is often used to describe agreements of a less formal nature than those entitled treaty or convention. -It is a legally binding document that allows alterations and amendments to the main treaty. - A protocol is used to outline the targets to be achieved within a treaty. The protocol provides steps for how the treaty is to be applied. - e.g. Kyoto protocol (International agreement linked to the United Nations Framework Convention on Climate Change, which commits its Parties by setting internationally binding emission reduction targets.)

Declaration of United Nations'

- This important document pledged the signatory governments to the maximum war effort and bound them against making a separate peace. - On New Year's Day 1942, President Roosevelt, Prime Minister Churchill, Maxim Litvinov, of the USSR, and T. V. Soong, of China, signed - It was signed in Washington, D.C. - 26 countries signed declaration including Australia - Purpose to unite countries against axis powers (Germany, Italy and japan) - Membership increased to 193 with latest member south Sudan in 2001. - UN was officially founded in 1945

United Nations

- United Nations is an international organization founded in 1945. - Aims to maintain international peace and security, developing friendly relations among nations, promoting social progress, better living standards and human rights. - Current charter makes it to make the enforcement of international law, security, economic development, social progress, and human rights easier for all countries. - enforces international law - Deploys peacekeepers to assist in enforcing international law: military or other personnel

international law

- laws made by UN or associated nations - e.g. international law of rights of child - weakest protection of rights in Aus - no effect on Aus legal system - legal responsibilities of states in their conduct with each other and their treatment of individuals within state boundaries.

constitutional law

- method of protection - rights are explicitly protected in the constitution - laws can be changed through referendum - strongest protection of rights, hard to change - rights carved out in the federal and state constitution. - section 116 provides for a range of religious freedoms, including the right to engage in the free exercise of any religion

Universal Declaration of Human Rights (UDHR)

- milestone document in the history of human rights. - The Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 - It provides a common standard of achievements for all peoples and all nations. It sets out the fundamental human rights to be universally protected - e.g the right to freedom of thought, conscience, and religion. - not a treaty, so it does not directly create legal obligations for countries. - given rise to a range of other international agreements which are legally binding on the countries that ratify them. for example: - the covenant on civil and political rights

Human rights

- recognize the inherent value of each person, regardless of background, where we live, what we look like, what we think or what we believe - based on principles of dignity, equality and mutual respect, which are shared across cultures, religions and philosophies. They are about being treated fairly, treating others fairly and having the ability to make genuine choices in our daily lives.

'Secretary-General' and what are their roles

- support the chair in ensuring smooth and functioning of the management committee. - main spokesperon for the UN and leader of the UN. - can give the position board scope for action on the world stage. - mediator addressing disputes between member states and finding consensus to global issues - appointed by general assembly after recommended by security council. - cannot origiate from one of the five permenent securiry member states. - Antonio Guterres. - standard 5 year term, after 5 years they can be reelected for an additional term.

the International Court of Justice:

-Issues legal opinions -Its fifteen judges are elected by the UN General Assembly for nine-year terms. -Primary judicial organ of the UN. Established in 1945 by the UN Charter -The court has heard cases related to war crimes, illegal state interference, ethnic cleansing, and other issues. - Located at Peace Palace in the Hague (Netherlands) - Its role is to settle disputes submitted to its states and to give advisory opinions referred to it by United Nations organs. - It follows international law. - Australia example (Nuclear test case Australia vs France 1974)

Australia contributes to the U.N.

1) In the 2008-09 Federal Budget the Australian Government announced an additional $200 million over four years in funding to the UN agencies working on the eight UN Millennium Development Goals. In 2008-09, Australia contributed a total of $153.4 million to sixteen UN peacekeeping operations. 2) Endorsed the Kigali Principles on the Protection of Civilians on 17 October 2016, which provide guidance on best practices to assist peacekeepers in delivering on their mandated responsibilities to protect civilians. - Provided personnel to more than 50 UN peace and security operations since 1947.

foreign aid

A voluntary transfer of resources from one country to another. Could be assistance (money, skills or other resources) for economic, military, or emergency humanitarian. • common type of foreign aid is official development assistance (ODA), which is assistance given to promote development and to combat poverty. From one country to another, though some of the aid is in the form of loans, and sometimes the aid is channeled through international organizations and nongovernmental organizations (NGOs) •E.g the International Monetary Fund (IMF), the World Bank, and the United Nations Children's Fund (UNICEF) have provided significant amounts of aid to countries and to NGOs involved in assistance activities. •In 2000, many countries, including Australia, adopted eight UN goals called the Millennium Development Goals. These included such things as wiping out poverty, providing universal primary education and stopping the spread of infectious diseases •In 2013 Australia gave 0.33% of total income to aid

Australia joined

Australia was an active participant at the 1945 San Francisco Conference, during which the UN Charter was negotiated.

foreign aid that Australia has provided

Cambodia- In 2015-16, Australia's aid to Cambodia was AUD92.0 million, around 0.5 percent of Cambodia's estimated 2015 gross domestic product of USD18.05 billion. And in 2016-17 Australian ODA estimated outcome was $90.0 million.

sustainable development goal examples

Goal 4: Ensure inclusive and quality education for all and promote lifelong learning

veto power

The five permanent members hold veto power over UN resolutions. enabling them to prevent the adoption of any "substantive" resolution. if any one of the five permanent members cast a negative vote, the resolution or decision would not be approved.

Establishment of UN

UN Charter signed- 26 June 1945 Charter entered into force- 24 October 1945 after World War II in order to prevent another such conflict.

what are observer groups

United Nations General Assembly may grant observer status to an international organization, entity or non-member state, which entitles the entity to participate in the work of the United Nations General Assembly, though with limitations. -There is two permanent non-member observer states- the Holy See and Palestine.

International Covenant on Civil and Political Rights,

covers a number of different rights. E.g Ratified, except Article 41, 13 November 1980 • The freedom from torture - Covenant is not directly enforceable in Australia, but its provisions support a number of domestic laws, which confer enforceable rights on individuals. - ICCPR also establishes the Human Rights Committee, which is the body tasked with reviewing countries' compliance with their obligations under the treaty. - • The Committee is also responsible for hearing complaints made by individuals about breaches of their ICCPR rights but this requires the country to have also ratified the Optional Protocol to the ICCPR.• - Australia has ratified the Optional Protocol. However, decisions by the Committee are non-binding, and a country can simply refuse to follow the Committee's recommendations. - ICCPR has still been a powerful force for upholding and improving the rule of law.

International Covenant on Economic, Social and Cultural Rights

e.g The right to self-determination of all peoples - Ratified 10 March 1976 - Ratification encourages Australian courts to take their provisions into account in their interpretations and judgments but this cannot be guaranteed unless the covenants have been incorporated into Australian legislation. - The Australian Federal Government has passed specific legislation, which gives effect to some of the rights - The Australian Human Rights Commission (AHRC) administers these Acts and is empowered to hear and conciliate complaints from individuals who believe their rights have been breached - Australia prepared and submitted a Common Core Document as part of its reporting obligations - Australia has not introduced new legislation to support this covenant

common law rights

"judge made laws" - based on precedent and a judges interpretation of law - distinguished from laws made in parliament - many protections we can identify as human rights are protected by Aus judges applying common law prinicpals - e.g obligation of a court to refuse to allow an unfair trial to go ahead and the interpretation of permissible limits on freedom of movement within Australia

the treaty of San Francisco

- 8 Sep 1951, representatives of 48 nations signed - War Memorial Opera House in San Francisco, - come into effect on 28 April 1952, - peace became official between Japan and some of the Allied nations - represented the technical end of WW2 even though guns had been silent since 1945. - allocated compensation from Japan to various Allied nations.

why the international community has a United Nations

- A replacement for the ineffective League of Nations. - In order to prevent another such conflict. - Central mission was to restore international peace and ensure security. - intergovernmental organization to promote international co-operation

Treaty

- A treaty is an agreement between nations, which is binding at international law. -Can lead to Australia passing their own laws to bring these treaties into effect - e.g. treaty of Versailles e.g Convention on the Rights of a Child (The Convention changed the way children are viewed and treated )

What are the roles of the United Nations

- Aim prevent further conflict - Tackle issues such as terrorism - Promote human rights - Protect the environment - Deliver humanitarian aid - Gender equality - Maintain international peace and security - Foster economic development - Combat disease.

Convention on the Rights of the Child

- Defines the rights of children around the world to ensure they are treated with respect and not abused. e.g The right of all children to survival and development; - Ratified 16 January 1991 - reports to the UN about the state of children's rights, every 5 years. - government made the CRC part of the Australian Human Rights Commission's role. gives the Commission the power to refer to the CRC when considering complaints from children who complain their rights have been breached. - There is no national legislation that implements our obligations - Children and Community Services Act, 2004 (WA only)

statutory rights

- enacted, created or regulated by statute (a law enacted by the legislature branch of a government) E.g. age discrimination act 2004- act passed by parliament - flexible/easily modified - easily removed by government -

Covenant

A covenant is a solemn promise to engage in or refrain from a specified action. - It is a written agreement or promise usually under seal between two or more parties especially for the performance of some action. The covenant is the broad idea which will be further refined in a treaty. -E.g. International Covenant on Civil and Political Rights, 1966

United Nations headquarters

New York City, New York, United States

sustainable development goals

On September 25th 2015, countries adopted a set of goals to end poverty, protect the planet, and ensure prosperity for all as part of a new sustainable development agenda. - Each goal has specific targets to be achieved over the next 15 years.

League of Nations

the Paris Peace Conference established the League of Nations after ww1 to maintain harmony between countries- 10 Jan 1920. - League lacked representation for colonial peoples and significant participation from several major powers, including the US, USSR, Germany, and Japan - headquarters were in Geneva Switzerland dissolved by a resolution of the 21st Assembly. Assets, property and some functions and roles were transferred to the United Nations. - Though first proposed by President Woodrow Wilson as part of his Fourteen Points, the United States never became a member.