Examine the role of international agencies in protection of human rights in the developing countries
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The proliferation of International Organisations (IOs) in all areas of intergovernmental cooperation has entailed numerous conflicts with international human rights law. For instance, United Nations (UN) sanctions severely affect the human rights guarantees of the International Covenant on Civil and Political Rights (ICCPR),1
1 International Covenant on Civil and Political Rights (16 December 1966) 999 UNTS 171.
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particularly article 12 on free movement and article 14 on the right to judicial review.2
2 e.g. Human Rights Committee (HRC), Nabil Sayadi and Patricia Vinck v Belgium, Communication No 1472/2006, Views (29 December 2008) CCPR/C/94/D/1472/2006; August Reinisch, ‘Developing Human Rights and Humanitarian Law Accountability of the Security Council for the Imposition of Economic Sanctions’ (2001) 95 AJIL 851; Bardo Fassbender, ‘Targeted Sanctions Imposed by the UN Security Council and Due Process Rights’ (2006) 3 IOLR 437.
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The World Trade Organisation (WTO) has also been criticised for limiting the WTO members’ policy space to implement their human rights obligations:3
3 UN ECOSOC, ‘The Realization of Economic, Social and Cultural Rights: Globalization and its Impact on the Full Enjoyment of Human Rights’ Preliminary Report submitted by J. Oloka Onyango and Deepika Udagama, in accordance with Sub-Commission resolution 1999/8 (15 June 2000) E/CN4/Sub2/2000/13; Ernst-Ulrich Petersmann, ‘Human Rights and International Economic Law in the 21st Century’ (2001) 4 JIEL 3.
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US – Clove Cigarettes 4
4 WTO Appellate Body Report on ‘United States: Measures Affecting the Production and Sale of Clove Cigarettes’, WT/DS406, adopted 24 April 2012.
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and Australia – Tobacco Products 5
5 WTO Consultations on ‘Australia: Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging’, WT/DS434/and others, pending.
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show that the members’ leeway to adopt anti-smoking policies required by the right to health guaranteed in article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR)6
6 International Covenant on Economic, Social and Cultural Rights (16 December 1966) 993 UNTS 3; for obligations relating to the reduction of tobacco consumption see ICESCR General Comment No 14: Right to the Highest Attainable Standard of Health (art 12 of the Covenant) (11 August 2000) E/C12/2000/4, paras 15, 51.
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is severely impeded by WTO rules. Further cases of conflicts between IO conduct and the UN Covenants are legion.7
7 e.g. Willem Van Genugten, Paul Hunt and Susan Mathews (eds), World Bank, IMF, and Human Rights (Wolf Legal 2003); Jan Wouters and others (eds), Accountability for Human Rights Violations by International Organisations (Intersentia 2010) 215ff.
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However, holding IOs responsible for such conduct proves difficult.