***Some states have become party to human rights treaties, purely for cosmetic reasons. But they have rendered themselves doubly delinquent not only by continuing to violate human rights, but also by their failure to comply with the minimum supervisory mechanism of such instruments.***

LAb I vear we have observed the fiftieth anniversary of the Universal Declaration of Human Rights. In recent years human rights assumed special importance in the fabric of international relations. It is also widely admitted that the observance of basic human rights is the corner-stone of peace and security of nation states. The quest for human rights has become a fundamental aim of the world community. We have witnessed considerable efforts to develop national. regional and international measures for the protection and promotion of human rights throughout the 20th century. But the Implementation of human rights is yet to reach its destination.

Problems of implementation:

Although there are about one hundred International Covenants, Conventions. Declarations and Regional Human Rights Instruments, but human rights are yet to establish all over the world. Every moment human rights are being violated in national as well as in international level. Provisions of the United Nations Convenants on Civil and Political Rights are far remote from the actuality of civil and political life in many newly independent states of the third world.

There are certain drawbacks to the implementation of human rights. Like the International Law. Human Rights Machineries have also some inherent weaknesses. But in order to implement human rights to the people at large, we have to overcome all sorts of weaknesses those are existing in the field of its implementation.

Concept of State Sovereignty:

In order to implement human rights, states can take appropriate measures. But if we consider the existing situation ln Jhe application of human rights, it will be clear that the greatest onslaught in the implementation of human rights comes from the state parties. The primary obstacle here is that of the concept of state sovereignty. The sword of national sovereignty is still hanging over the head of the concept of human rights.

Declaration of Emer-gency :

sometimes. declaration of emergency proves Itself as an obstacle in the field of implementation of human rights. Effects of emergency on human rights have been most grave. Selective use of emergency, adversely affects the life of ethnic, linguistic and religious minorities and often their family life too, thus violating the rights to non-discrimination and self determination.

Reservation is Another Onslaught .•

There is hardly any substantive provision in the International Covenant on Civil and Political Rights (ICCPR) which is not subject to reservation or declaring by one state or another. By virtue of the reservation making power, some Euro-Kan Countries like France ve declared that in the case of a conflict between their obligations under the European Convention on Human Rights and the ICCPR. the former shall prevail. Thus, the universality of human rights notwithstanding. regionalism prevails over universalism. This way reservation making power proves itself as an obstacle to implement human rights. National Security Doctrine .•

National security doctrine is also creating problems in the field of implementation of human rights. Often in the developing countries, in the name of national security or stability, political parties and political activities are prohibited and the former ruling elite is disposed of. This situation is certainly against the implementation of human rights. Misuse or improper use of national security doctrine creates obstacles In the path of implementation of human rights.

Problems in Dealing with Inter-state Com-

plaints :

Weakness of inter-state complaint system stands as another barrier in the way of implementation of human rights. The existing system for dealing with interstate complaints is extremely weak. In various human rights instruments, the inter-state complaint system Is applicable only on those states who have recognised this system. Thus, provision of prior ratification is one kind of problem in dealing with inter-state complaints. Eventually the same creates problem to implement human rights.

Problems of Individual

Petition System :

Individuals can submit petition to the respective human rights organs in various human rights instruments in the even of violation of human rights. Nevertheless this system is plagued by various weaknesses. About 90 per cent of the world population cannot invoke them because the states concerned have not accepted the competence of the relevant organs in this regard. The 1503 procedure of the ECOSOC rarely produce tangible results. The confidentiality aspect of the 1503 procedure may well be considered as one of its greatest affect. It is carried to such an extreme that the petitioner is not even kept Informed of the status of the communication beyond the initial acknowledgement of its receipt.

Defects of Reporting System :

Almost all human rights instruments provided with periodic reporting system. But this reporting system is plagued with few problems. Reporting procedures are generally hamstrung due to late submission of reports by States, poor quality of these reports, delay in the consideration of these reports and lethargic follow up action. Even, some states parties do not submit or fall to submit their reports within prescribed time. These are. certainly creating problems in human rights movement.

Conflict of Jurisdiction:

Owing to the proliferation of human rights instruments, the same matter is quite often found to fall within the jurisdiction of several institutions, hence giving rise to conflict of

Jurisdiction. The United Nations has not utilized the expertise of its Specialised Agencies In Improving its international measures of Implementation. There is poor coordination between the human rights bodies of the United Nations and those of the Specialised Agencies. Such scenario also creates problems to implement human rights.

Concept of Available Resource:

Implementation of the International Covenant on Economic. Social and Cultural Rights (ICESCR) Is subject to the maximisation of available resources. To fully implement the rights, mentioned in the ICESCR, a country must be economically strong and its social condition must also be favourable in this regard. A country which is not economically strong or its social condition is not favourable, cannot implement these rights fully. In practice, worth of all human rights is affected by economic and social conditions.

Double Standards of the United Nations :

In the late 1970s and the early 1980s, certain Western countries criticised the UN human rights movement, for following double standards. The basis of the criticism was that, while the United Nations readily and unreservedly condemned the human rights violations committed by authoritarian states like Argentina and Chile, it was indifferent to such violations in totalitarian states like Cuba. Similar criticism has been made in 1990s too. The basis of the criticism is that, while the UN system is quite assertive in taking action against human rights violators like Iraq, it is indifferent to similar violations committed by countries like Turkey. Practice of such double standards becomes an obstacle in respect of the implementation of human rights. _

Withering State System:

Withering state system is also liable to create problems to implement human rights. States often fail to promote and protect human rights. They themselves also frequently violate those rights. As a result the state system has lost its credibility in a large number of countries. This is particularly true increase of many African, Asian. East European and Latin American countries. Parallel centres of power have come up in these countries. This development threatens the concept of human rights.

Activities of Non State Entities:

Non state entitles create problems to implement human rights too. Transnational corporation, terrorist organisations, fundamentalist groups and ethic groups often violate human rights. Such non state entities are creating problems In human rights movement throughout the world. In recent past, in Burundi. Cambodia. Rwanda. Bosnia-Herzegovina and East Timor, human rights

were violated by the non state entities.

Time Consuming Factor:

One criticism which can be labelled against the individual application procedures. It is the time duration which an applicant must wait in. order to secure redress. Under the ICCPR Fist Optional Protocol and the ECHR. it is not uncommon for the respective Institutions under those instruments to take up to five years to reach a decision. This is hardly speedy, non effective and runs counter to notions of due process, as the human rights instruments needed to administer the demand of the states, those are the parties.

Want of Legal Literacy and Awareness on

Human Rights:

Want of legal literacy and awareness on human rights and obligations’ are some of the main problems for the implementation of human rights In many states like Bangladesh. India. Pakistan etc. Moreover, environmental pollution is also one of the main problems for the implementation of human rights. Every now and then the big powers are violating human rights by polluting environment in many ways.

Recommendations:

We have previously observed that there are a lot of drawbacks and problems to implement human rights. But for the Interest of the people irrespective of their race, colour, sex, language, religion, national or social origin, property or birth, human rights are to be established. So. we have to remove all sorts of problems in this regard. Considering the drawbacks and problems mentioned above, some recommendations are given below:

1. Hu-

man rights need protection-by ' national institutions. Which in’ turn can only grow and sustain, in an atmosphere where fundamental democratic norms are respected. Observance of minimum standard is thus part and parcel of the Institutions, which can protect and implement human rights. So, all governments have to establish human rights institutions in each and every state, viz Human Rights Commission. Office of Ombudsman etc. Building or rebuilding national Infrastructure for the protection of human rights is essential.

2. The United Nations has to take effective and appropriate measures to implement human rights in the world. The Jurisdiction of the existing human rights machinery should be increased. The human rights programme of the United Nations receives about 1 per cent of the total budget of the organisation. The financial crisis of the United Nations should be removed. Budget and official staff for human rights programme should be enhanced.

3. Imbalance In the enjoy-, ment of property and natural resources Is an obstacle in the field of human rights. Imbal-

ance exists in the. enjoyment of property and natural resources between the developed world and the third world. Recently, the Secretary General of the United Nations Mr Kofi A Annan has expressed his view that the rich countries enjoy 86 per cent of the natural resources of the world, while 80 per cent of the world population who reside in the third world or in developing countries enjoy only the rest 14 per cent of the natural resources of the world. This situation should be changed. It should be considered that human rights are not for the rich or western people only.

4. Some states have become party to human rights treaties, purely for cosmetic reasons. But they have rendered themselves doubly delinquent not only by continuing to violate human rights, but also by their failure to comply with the minimum supervisory mechanism of such instalments. Amnesty International s report demonstrates that a number of states parties to the ICCPR have failed to submit their periodic reports to the Human Rights Committee. This tendency of becoming party of human rights treaties for cosmetic reason, should be given up. States parties should comply with the treaties.

5. As mentioned above, at almost all individual procedures. the applicant must wait for a long time irt order to secure redress. So in dealing with individual applications, the solution or remedy should be given within a possible short time frame.

6. Global environment should be ensured for the realisation of human rights. Specialised agencies can take important role in this regard. Effective programme can be designed toward the implementation of human rights. In this connection illiteracy should be removed. An environment should be created where minimum standards for human rights can sustain and survive. We must Utilise and avail whatever potentialities we have in our societies for the realisation of human rights.

7. It is evident that in a poor country only the government with limited recourses and other limitations cannot provide the basic needs to the people. So. NGOs’ role in this context should be evaluated. NGOs can undertake legal aid programme in the field of human rights to ensure equality. Many NGOs related to human rights activities can contribute significantly in creating human rights norms by taking research and publication programmes. They can play more active role in ameliorating the prison situation and victims of excessive detention and torture. In this contexts NGOs’ role should be extended in social, economic, cultural as well as in civil and political rights.

8. Implementation of human rights requires integrated efforts of all. The proper implementation of human rights also needs the full cooperation of the government anti the governmental agencies. The government is required to be more re:

sponslve to the public opinion regarding the laws In some countries which are contrary to the concept of human rights. Misuse of laws by the law enforcing agencies often happens. So, the weakness of laws snould be removed and those laws should be amended or repealed, if contrary to human rights.

9. The United Nations can help States to live up to their human rights obligations. The committees can undertake field missions to understand better, the conditions in which human rights must be protected, to try to defuse situaUons of tension and to help for developing concrete solutions to problems.

10. Monitoring human rights violations locally, to provide real picture to the international community and to contribute to end a serious situations is another area In which activities of the human rights committees can be grown. It will help in the way of implementation of human rights.

11. International cooperation for human rights should be strengthened. The civil society can also take Important role in protecting human rights through contacts with nongovernmental organisations, the academic community, the press and the public. Cooperation with all United Nations human rights mechanisms, inclusion of United Nations standards in national law and the establishment of national institutions to protect human rights are also essential.

12. The use of nuclear weapon is a curse to humanity. Right to life can't be ensured, if the use or proliferation of nuclear weapon cannot be banned. The proliferation of nuclear weapon Is polluting the environment. In this situation human and other living beings are under threat and danger. So, Comprehensive Nuclear Test Ban Treaty (CTBT) should be signed and observed by all the states.

13. Minorities are. especially vulnerable group, often needing international action to protect their rights. Various measures and actions should be taken to combat racism and racial discrimination at national. regional and international levels. High priority is to be given for providing assistance and relief to victims of racism and all forms of racial discrimination.

14. Violation of Individual rights remains an Ifisue of concern. It is to be kept in mind that the whole society will suffer. if the individual rights are not protected. So. protection of individual rights will help in the way of implementation’ of human rights.

The implementation of human rights is a dynamic process. International community is taking various efforts to promo' : respect for human rights and to realise them. But In fact, human rights are still being violated.

we should keep in mind that protection of human rights of the people Is much more difficult than either defining them or adopting declarations, bills and conventions, concerning human rights. The major problem is that neither the United Nations, nor any other organisation in the world has power to face nations to honour all the rights of their citizens. The 1m-Klementation of International uman rights laws depends on the most part on the voluntary consent of the nations.

The writer is a Human Rights worker. Naripokkho.