Monitoring compliance.

• Position: UN member states' compliance with international treaties on human rights

It is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.

- Preamble to the Universal Declaration of Human Rights

Since the adoption of the Universal Declaration of Human Rights in 1948, an elaborate system of mechanisms has been created to ensure the advancement of universal human rights, as well as to deal with violations of human rights as they occur.

At the centre of this system are two types of mechanisms: formal monitoring of States' compliance with international treaties; and extra-conventional mechanisms or special procedures - working groups, special rapporteurs and special representatives of the Secretary-General - which deal with burning issues as they arise.

The treaty bodies

Once the Universal Declaration was adopted, the Commission on Human Rights set out to turn the principles that it defined into international treaties. When States ratify international treaties, they agree to engage in a review process of their human rights legislation and practices by groups of independent experts.

The first human rights instrument to establish an international monitoring system was the Convention on the Elimination of Racial Discrimination, adopted by the General Assembly in 1965. This Convention not only defined and condemned racial discrimination, but also committed States to amend policy which creates or perpetuates racial discrimination. It was also revolutionary, in its provision for national measures towards the advancement of specific racial or ethnic groups. Today, the Convention has 148 States parties.

The Committee on the Elimination of Racial Discrimination was established in 1969 when the Convention went into force. It consists of 18 independent experts, nominated and elected by States parties to the Convention. States submit to the Committee periodic reports on their legislation and practices relevant to the Convention's provisions. The Committee can also investigate and attempt to reconcile complaints made by one State against another, as well as communications from individuals.

In 1966, after two decades of debate, two international Covenants were adopted. The Covenant on Economic, Social and Cultural Rights addresses the right to work and form trade unions, to have social security, to protect the family, and to a standard of living, health and education. The Covenant on Civil and Political Rights defends the right to life-that no one can be subjected to torture, enslavement, forced labour, arbitrary detention - and such freedoms of movement, expression and association. These two treaties, which entered into force in 1976, today have 137 and 140 States parties, respectively.

Much of the long debate focused on the question of one treaty versus two. The prevailing belief was that civil and political rights were already legislatively defined in most countries and could therefore be reviewed by a monitoring body.

Economic, social and cultural rights at the time were considered goals and less enforceable, even though the Universal Declaration itself had identified the two sets of rights as equally important. Thus, only the Covenant on Civil and Political Rights stipulated creation of a monitoring body - the Human Rights Committee - which was mandated to study reports from States parties, to make comments and recommendations, consider complaints from one State against another and consider complaints from individuals.

It was not until 1985 that the Committee on Economic, Social and Cultural Rights was created as a treaty body by the United Nations Economic and Social Council. Unlike the other committees whose members...