Special assistance in the implementation of this Agreement

1. States shall cooperate to establish special funds to assist developing States in the implementation of this Agreement, including assisting developing States to meet the costs involved in any proceedings for the settlement of disputes to which they may be parties.

2. States and international organizations should assist developing States in establishing new subregional or regional fisheries management organizations or arrangements, or in strengthening existing organizations or arrangements, for the conservation and management of straddling fish stocks and highly migratory fish stocks.

 

17.Give the definition of genocide.

Genocide is "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group",^[1] though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars.^[2] While a precise definition varies among genocide scholars, a legal definition is found in the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide(CPPCG). Article 2 of this convention defines genocide as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life, calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; [and] forcibly transferring children of the group to another group.

 

18.Perechislte UN bodies to ensure human rights.

The human rights treaty bodies are committees of independent experts that monitor implementation of the core international human rights treaties. Each State party to a treaty has an obligation to take steps to ensure that everyone in the State can enjoy the rights set out in the treaty.There are ten human rights treaty bodies composed of independent experts of recognized compe­tence in human rights, who are nominated and elected for fixed renewable terms of four years by State parties.Human Rights Committee (CCPR) monitors implementation of the International Covenant on Civil and Political Rights (1966) and its optional protocols;Committee on Economic, Social and Cultural Rights (CESCR) monitors implementation of the International Covenant on Economic, Social and Cultural Rights (1966);

Committee on the Elimination of Racial Discrimination (CERD) monitors implementation of the International Convention on the Elimination of All Forms of Racial Discrimination (1965);

Committee on the Elimination of Discrimination against Women (CEDAW) monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women (1979) and its optional protocol (1999);Committee against Torture (CAT) monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (1984);Committee on the Rights of the Child (CRC) monitors implementation of the Convention on the Rights of the Child (1989) and its optional protocols (2000);Committee on Migrant Workers (CMW) monitors implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990);Committee on the Rights of Persons with Disabilities (CRPD) monitors implementation of the International Convention on the Rights of Persons with Disabilities (2006);Committee on Enforced Disappearances (CED) monitors implementation of the International Convention for the Protection of All Persons from Enforced Disappearance (2006); and The Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) established pursuant to the Optional Protocol of the Convention against Torture (OPCAT) (2002) visits places of detention in order to prevent torture and other cruel, inhuman or degrading treatment or punishment. The treaty bodies meet in Geneva, Switzerland. All the treaty bodies receive support from the Human Rights Treaties Division of OHCHR in Geneva.

 

19.Indicate which is the UN body responsible for compliance with the principle of human rights and freedoms.

The United Nations Human Rights Committee is a United Nations body of 18 experts that meets three times a year for four-week sessions (spring session at UN headquarters in New York, summer and fall sessions at the UN Office in Geneva) to consider the five-yearly reports submitted by 162 UN member states on their compliance with the International Covenant on Civil and Political Rights, ICCPR, and to examine individual petitions concerning 112 States parties to the Optional Protocol.^[1]

The Committee is one of nine UN human rights treaty bodies, each responsible for overseeing the implementation of a particular treaty.States that have ratified or acceded to the First Optional Protocol (currently 114 countries) have agreed to allow persons within their jurisdiction to submit complaints to the Committee requesting a determination whether provisions of the Covenant have been violated. For those countries, the Human Rights Committee functions as a mechanism for the international redress of human rights abuses, similar to the regional mechanisms afforded by the Inter-American Court of Human Rights or the European Court of Human Rights. The First Optional Protocol entered into force on 23 March 1976.^[2] The Second Optional Protocol, in force since 11 July 1991, addresses the abolition of the death penalty and has 74 states parties.^[3] The Human Rights Committee should not be confused with the more high-profile Commission on Human Rights, a Charter-based mechanism, or its replacement, the Human Rights Council. Whereas the Commission on Human Rights was a political forum where states debated all human rights concerns (since June 2006, replaced by the Council in that function), the Human Rights Committee is a treaty-based mechanism where a group of experts examines reports and rules on individual communications pertaining only to the International Covenant on Civil and Political Rights. It remains disputed whether the Human Rights Committee's "Views under article 5(4) of the Optional Protocol" qualify as decisions of a quasi-judicial body or simply constitute authoritative interpretations on the merits of the cases brought before them. The members of the Human Rights Committee, who must be "of high moral character and recognized competence in the field of human rights", are elected by the member states but on an individual basis, not as representatives of their countries. They serve four-year terms, with one-half of their number elected every second year at the General Assembly.

 

20.Set the validity of the Universal Declaration of Human Rights. Is it legally binding?

While not a treaty itself, the Declaration was explicitly adopted for the purpose of defining the meaning of the words "fundamental freedoms" and "human rights" appearing in the United Nations Charter, which is binding on all member states. For this reason the Universal Declaration is a fundamental constitutive document of the United Nations. Many international lawyers,^[who?] in addition, believe that the Declaration forms part of customary international law^[16] and is a powerful tool in applying diplomatic and moral pressure to governments that violate any of its articles. The 1968 United Nations International Conference on Human Rights advised that it "constitutes an obligation for the members of the international community" to all persons. The declaration has served as the foundation for two binding UN human rights covenants, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights and the principles of the Declaration are elaborated in international treaties such as the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Elimination of Discrimination Against Women, the United Nations Convention on the Rights of the Child, the United Nations Convention Against Torture and many more. The Declaration continues to be widely cited by governments, academics, advocates and constitutional courts and individual human beings who appeal to its principles for the protection of their recognised human rights.