GRADE 12

CHAPTER 15
INTERNATIONAL HUMAN RIGHTS INSTRUMENTS
Specific Learning Outcomes:
➢ Describe the International Bill of Rights (IBR)
➢ Explain the Universal Declaration of Human Rights (UDHR)
➢ Describe Treaty Based Human Rights Instruments
➢ Discuss the Specialised Human Rights Instruments
➢ Explain provisions of the African Charter on Human and People’s Rights.
International Human rights instruments refer to institutions and mechanisms (*/means for the control of
motion) that are used to promote and protect human rights. It refers to the international documents which
contain agreements or covenants which world countries have signed to uphold the rights of various groups of
their people. Major international human rights instruments are found in the International Bill of Rights.
❖ THE INTERNATIONAL BILL OF RIGHTS - is a three-part international covenant (agreement) on
Human Rights. It is made up of:
I. Universal Declaration of Human Rights (UDHR)
II. International Covenant on Civil and Political Rights (ICCPR) and its two optional protocols.
III. International Covenant on Economic, Social and Cultural Rights (ICESCR).
The first part is a charter-based agreement which deals with the dignity and rights of all human beings. The
second part is a treaty-based agreement concerned with civil and political rights. The third part is also a
treaty-based and is concerned with economic, social and cultural rights.
❖ The Universal Declaration of Human Rights (UDHR) - is an internationally recognized and agreed upon
instrument which contains 30 articles through which individuals and governments can work to deliver basic
rights. In other words, it is a statement affirming (supporting or encouraging) the dignity and rights of all
human beings.
It was adopted and proclaimed by United Nations on 10th December 1948 in Geneva, Switzerland. 10th
December is considered World Human Rights Day. It was prepared by the Commission on Human Rights
of the Economic and Social Council (ECOSOC) of the United Nations. Eleanor Roosevelt, social activist
and widow of United States president Franklin D. Roosevelt, chaired the Commission. French jurist and
Nobel Peace prize winner Rene Cassin was the declaration’s principal author.
Building on the precedents (past acts used as examples) set by the British Magna Carta (1215), the French
Declaration of the Rights of man (1789) and the United States Bill of Rights (1791), the Universal
Declaration also reflected the events of the 1930s and 1940s, particularly the Nazi Holocaust (extensive
destruction of a group of people). It is believed that the Jews were gassed to their death and about six
million were killed during this period. Reports of Nazi atrocities (extremely cruel acts) shocked people
around the world and gave momentum to an effort to codify human rights in International Law, hence,
giving human rights a new international legal status. The UDHR is divided into two sections: the preamble
and the 30 articles.
SECTION 1: PREAMBLE - describes the reasons why the Universal Declaration of Human Rights was
created. There are two main themes contained in the preamble, as follows:
First theme - is the belief that “in order to support a better quality of life for all, laws that protect
human rights must be enforced and respected universally.”
Second theme - is the belief that, “by upholding the human rights, freedom, justice, and peace in
the world can be achieved.” In short, respecting human rights means a better world for everyone.

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SECTION 2: The 30 Articles that list our basic human rights, and are as follows:
Everyone:
1. is born in free and equal in dignity and rights
2. has the right not to be discriminated against on any basis
3. has the right to life and to live in freedom and safety
4. has the right to liberty / freedom
5. has the right to security of person. No one should be tortured or should suffer from cruel and
inhuman treatment
6. has the right to recognition before the law
7. has the rights to equality before the law and equal protection
8. has the right to effective remedy
9. has the right not to be subjected to arbitrary arrest or detention
10. has the right to full and fair hearing before an impartial and independent tribunal
11. has the right to be presumed innocent until proven guilty
12. has the right to privacy
13. has the right to freedom of movement
14. has the right to asylum
15. has the right to nationality
16. has the right to marry
17. has the right to own property
18. has the right to freedom of thought, conscience and religion
19. has the right to freedom of opinion and expression
20. has the right to freedom of assembly and association
21. has the right to take part in government, access to public services, right to vote
22. has the right to social security
23. has the right to work
24. has the right to rest and leisure
25. has the right to an adequate standard of living
26. has the right to education
27. has the right to freely participate in the cultural life of the community
28. is entitled to a social and international order to realize the right and freedoms
29. has duties to the community and above all,
30. Nobody can interpret this declaration in a way that can endanger any of the rights and freedoms of
others
Although each of these rights may differ from one another, they are all considered to be part of an
indivisible set of Human Rights. This document (UDHR) is important for all people all over the world
because it is founded on three main principles: –
i. Human rights are inalienable: no one can ever take them away from you.
ii. Human rights are also indivisible: you cannot be entitled to some of them and be denied others.
Finally,
iii. Human rights are interdependent: they are all part of a larger framework and work together so you
can enjoy a safe, free, and productive life.
The Universal Declaration of Human Rights itself is not a document that is legally binding. Countries that
have signed the UDHR cannot be held legally responsible if they break their promise to protect and
preserve human rights and freedoms. The Declaration is a standard for countries to follow. It expresses the
basic principles and ideals that the world holds for human rights.
Using the Universal Declaration of Human Rights as a guide, governments are responsible for creating
national laws to protect universal human rights. Citizens can then use their own judicial and legal systems
to prosecute individuals or groups that have violated human rights.

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❖ TREATY BASED HUMAN RIGHTS INSTRUMENTS - a Treaty, in international Law, is a written
agreement concluded by two or more sovereign nations or by a nation and an international organisation or
organisations. Of importance in international law is the principle that treaties are binding on the signatories,
who must adhere to them in good faith.
The work in Human Rights is carried out by a number of United Nation’s treaty-based human rights bodies.
These treaty-based bodies:
• Derive (obtain) their existence from provisions contained in a specific legal instrument.
• Hold more narrow mandates: the set of issues codified in the legal instrument.
• Address a limited audience: only those countries that have ratified (approved) the legal instrument.
• Base their decision making on consensus (general agreement).
Nine UN human rights conventions have monitoring bodies to oversee the implementation of treaty
provisions. The treaty bodies are composed of independent experts and meet to consider State Parties’
reports as well as individual complaints or communications. They may also publish general comments on
human rights topics related to the treaties they oversee. Treaty-based Human Rights Instruments are legally
binding documents, which include:
(a) International Covenant on Civil and Political Rights (ICCPR)
(b) International Covenant on Economic, Social and Cultural Rights (ICESCR)
(a) International Covenant on Civil and Political Rights (ICCPR) - is a key international treaty calling
for the protection of basic human rights. The Covenant guarantees a wide range of individual rights,
including freedom of speech and association; the right to fair trail; and prohibitions against detention
and torture. It is a cornerstone of the UN’s legal framework for protecting human rights. Since its
adoption, on 16th December 1966, at least 140 nations have become parties to the Covenant.
Governments are under obligation to see to it that the Civil and Political Rights are enjoyed by all
citizens without fear, want or intimidation.
The ICCPR has two (2) optional protocols. An optional protocol is a provision attached to an
International Instrument which is meant to offer more protection of the right in the treaty.
I. First Optional Protocol to the ICCPR - an international treaty establishing an individual
complaint mechanism for the International Covenant on Civil and Political Rights. It was
adopted by the UN General Assembly on 16th December 1966, and entered into force on 23rd
March 1976. By September 2013, it had 35 signatories and 115 State Parties.
The first Optional Protocol of ICCPR provides for an individual to complain on human rights
violations contained in the ICCPR to the United Nations Human Rights Committee. In other
words, it provides international machinery for dealing with communications from individuals
claiming to be victims of violations of any of the rights set forth in the Covenant. According to
this Optional Protocol, the following procedure is to be followed:
• Complaints must have exhausted all domestic remedies (something that corrects or
counteracts).
• The committee must bring complaints to the attention of the relevant party, which must
respond within six months.
• Following consideration, the committee must forward its conclusions to the party and
the complainant.
• Anonymous complaints are not permitted.
II. Second Optional Protocol of ICCPR - was adopted in 1989 and came into force in 1990. It
aimed at the abolition of the death penalty in countries that ratify it. State Parties to this
Protocol believe that abolition of death penalty contributes to enhancement of human dignity
and progressive development of human rights, as expressed in Article 3 of the Universal
Declaration of Human Rights and Article 6 of the ICCPR. Zambia has not been a state party to
this optional protocol, but the Republican President H. E. Hakainde Hichilema made a
pronouncement on 23rd December 2022 that death penalty shall be abolished. A move that
shows that Zambia is willing to follow this protocol.

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(b) International Covenant on Economic, Social and Cultural Rights (ICESCR) - it was also adopted
on 16th December 1966. It defines a broad set of rights related to the economic, social and cultural
elements of life that States (Nations) must provide to their citizens. Specific rights relate to housing,
education, labour, environment, health, self-determination and culture (language and religion).
It also requires State Parties to submit reports, every five years, on their implementation of the
Covenant. A Committee of 18 independent experts on economic, social and cultural rights meet twice a
year in Geneva, Switzerland. The Committee provides guidance and monitoring each State Party’s
compliance with the ICESCR by drafting general comments on the obligations and reviewing State
Party’s progress in implementing the treaty.
To prepare for a State Party’s review, the Committee appoints (designates) a “Country Rapporteur”,
who undertakes a detailed review of the State party’s report and further facilitates and coordinates the
entire review process, including the preparation of all associated documents. In addition, the
Committee also considers information from the Civil Society and other stakeholders such as Human
Rights Institutes.

❖ SPECIALIZED HUMAN RIGHTS INSTRUMENTS - These Human Rights Treaties are referred to
as Specialized because they focus on particular human rights issue or a particular group of people. In
other words, specialized instruments are those performing specific tasks in the promotion of human
rights. Much of the work in the field of International Human Rights is performed by and through the
Specialized Agencies, which are linked with the United Nations by formal agreements or instruments.
Among these Specialized Human Rights Instruments are:
• International Convention on the Elimination of all forms of Racial Discrimination
• Convention on the Elimination of all forms of Discrimination Against Women
• United Nations Convention Against Torture
• International Convention on the Protection of the Rights of all Migrant Workers and members
of their families
• United Nations Convention Against Corruption
• United Nations Convention on Rights of a Child.
a) International Convention on the Elimination of all forms of Racial Discrimination (ICERD)-1965
This Convention was adopted in 1965 by the United Nations General Assembly and came into force in
1969. It was drafted to draw attention to racial discrimination which was still rampant in the world for
example segregation of the blacks in America and apartheid in South Africa and the rest of Africa
under colonial rule. Under this Convention, State parties are expected to do the following:
➢ Condemn racial discrimination, segregation and apartheid.
➢ Condemn ideas that promote the superiority of one race or a group of persons of one colour.
➢ Use effective measure such as education, culture and information with a view of combating
prejudices which lead to racial discrimination.

b) The Convention on the Elimination of all forms of Discrimination against Women (CEDAW) -
1979
This convention is also known as the International Bill of Rights for Women. It was adopted by United
Nations in 1979 after recognizing the need for the human rights instrument that directly addresses
women’s issues, especially, protecting and promoting their socioeconomic rights. In short, signatories
to this Convention are obliged to exercise equal treatment of women and men (male and female).
Under this Convention, State parties are expected to domesticate the principle of equality of men and
women in their legislation (laws) by:
➢ Abolishing all discriminatory laws and adopting appropriate ones prohibiting discrimination
against women
➢ Establishing legal protection of the rights of women on an equal basis with men.
➢ Modifying or abolishing cultural practices which constitute discrimination against women.
➢ Eliminating discrimination against women in all matters relating to marriages and property.

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c) The Convention Against Torture and other Cruel Inhuman or Degrading Treatment (CAT)-1984
This Convention is also known as the Torture Convention. It was adopted by the United Nations on
10th December 1984. It entered into force on 26th June 1987 after it had been ratified by 20 states.
Zambia signed it in 1998. The purpose of this Convention is to forbid absolutely without any
reservation torture and inhuman or degrading treatment or punishment. The State parties are expected
to do the following: - (obligations)
➢ Come up with laws that prevent torture. The prohibition of torture shall be absolute (free from
limitations or conditions) and shall be upheld also in a state of war and in other exceptional
circumstances.
➢ No State Party may expel or extradite (send back) a person to a country where he or she is
likely to undergo torture. In other words, not to ‘refouler’. This is, especially, in relation to
refugees running away from persecution.
➢ Ensure that acts of torture are serious criminal offences within the legal system.
➢ Educate citizens on the evils of torture.
➢ Rehabilitate the victims of torture through counselling.
➢ Control the systems of interrogation and detention

d) The International Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families (CMW) – 1990
This Convention was adopted on 18th December 1990 by the United Nations. The primary objective of
the Convention is to foster respect for migrant’s human rights. Migrants are not only workers, they are
also human beings. The Convention does not create new rights for migrants but aims at guaranteeing
equality of treatment, and the same working conditions, including in case of temporary work, for
migrants and nationals. The convention recognises that legal migrants have the legitimacy to claim
more rights than illegal migrants, but it stresses that illegal migrants must see their fundamental human
rights respected, like all human beings.
Therefore, the States that ratify or accede to the Convention are expected to ensure that migrant
workers whose rights have been violated may seek judicial remedy. Categories of migrant workers
outlined by the Convention are:
i. Frontier Workers: Are those who live in a neighbouring country to which they return daily or
at least once a week.
ii. Seafarers: Are those who are employed on water vessels registered in a country other than
their own.
iii. Seasonal Workers: Are those who get work in foreign countries during specific seasons such
as the harvesting season.
iv. Workers on offshore installations: those who are under the authority of a country other than
their own.
v. Itinerant: Workers who move from place to place in search of work.
vi. Migrants employed for a specific project: For example, construction of roads, dams,
industrial plants among others
vii. Self-employed workers: working for one-self.
The following are some of the provisions of the Convention on Migrant Workers:
➢ Non-discrimination of migrant workers and their families without distinction of any kind, such as
sex, race, colour, language, religion, nationality, ethnic, age, origin.
➢ Migrant workers and members of their families shall be free to leave any State including their State
of origin.
➢ The right to life of migrant workers and their families shall be protected.
➢ No migrant worker or member of his or her family shall be required to perform forced or
compulsory labour.
➢ No migrant worker or member of his or her family shall be held in slavery or servitude.

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e) United Nations Convention Against Corruption (UNCAC) -2003
This Convention was adopted by the UN in October 2003 and entered into force on 14th December
2005. This Convention is a framework for the prevention of, and fight against corruption. It also
promotes the implementation and application of common standards and best practices. In its 71 Articles
divided into 8 Chapters, UNCAC requires that State Parties implement several anti-corruption
measures which may affect their laws, institutions and practices. Based on recognition of the fact that
“prevention and combating corruption requires a comprehensive and multi-disciplinary approach”,
Member States negotiated this convention which covers five main parts, as follows:
I. Prevention – State Parties must ensure that their public services are subject to safeguards
that promote efficiency, transparency and recruitment based on merit. Public servants
should be bound by code of conducts. Transparency and accountability in matters of public
finance must also be promoted. Anti-corruption bodies must be established. Preventing
corruption also requires an effort from all members of society and the Civil Society to raise
public awareness of corruption and what can be done about it. The requirements made for
the public sector also apply to the private sector.

II. Criminalisation – The convention requires countries to establish criminal and other
offences to cover a wide range of corruption including not only long established crimes
such as bribery and embezzlement, but also those which are not already crimes in many
states such as trading in influence, illicit enrichment, and concealment of illicit assets.
Furthermore, State Parties are required to simplify rules pertaining to evidence of corrupt
behaviour by ensuring that obstacles that may arise from the application of bank secrecy
laws shall be overcome.

III. International Cooperation – in the area of law enforcement, the convention calls for better
cooperation between countries and international bodies as well as the Civil Society.
Countries agreed to cooperate with one another in investigations and the prosecution of
offenders. They render specific forms of mutual legal assistance in gathering and
transferring evidence for use in court. There is a provision for the protection of witnesses
and whistle blowers to ensure that law enforcement is truly effective.

IV. Asset Recovery - Asset recovery was agreed upon that State Parties will be carrying out
recovery of stolen assets. This is an important issue for developing countries where high
levels of corruption have plundered the national wealth, especially former leaders and other
officials accused or found to have engaged in corruption and where resources are needed for
reconstruction and rehabilitation of societies. Asset recovery is the fundamental principle of
this Convention.

V. Technical Assistance and Information Exchange - this ensures that State Parties have
support, guidance and expertise necessary to address gaps in full and effective
implementation of the convention. This aims at supporting State Parties in the
implementation of all substantive chapters of the Convention on preventive measures,
criminalisation, law enforcement, international cooperation and asset recovery. In this
manner, countries from the same region identify common challenges and priorities in
implementing the Convention and devise strategies and commitments to address those
challenges.

❖ AFRICAN CHARTER ON HUMAN AND PEOPLE’S RIGHTS.

This is also known as the Banjul Charter. It is an International Human Rights Instrument that is
intended to promote and protect human rights and basic freedoms in the African Continent. It was
adopted on 27th June 1981 and was entered into force on 21st October, 1986. This Charter is in line
with the Charter of the Organisation of African Unity, which stipulates that “freedom, equality, justice

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 and dignity are essential objectives for the achievement of the legitimate aspirations of the African
peoples”. It also pledges to eradicate (remove completely) all forms of colonialism from Africa, to
coordinate and intensify cooperation and efforts to achieve a better life for the peoples of Africa and to
promote international cooperation having due regard to the Charter of the United Nations and the
Universal Declaration of Human Rights.
Reasons why the African Charter on Human and People’s Rights is different from other International
Human Rights Instruments are that:
➢ Its provisions safeguard the rights of individuals as well as people or groups
➢ It proclaims both rights and duties
➢ It codifies and emphasises individual’s as well as people’s or group rights
➢ It guarantees civil and political rights as well as economic, social and cultural rights and group
rights
➢ It permits the State parties to impose restrictions and limitations on the exercise of guaranteed
rights
The following are some of the provisions of the African Charter on Human and People’s Rights:-
➢ Respect of one’s life.
➢ Equal protection of the law.
➢ Right to liberty and security of a person.
➢ Right to be heard.
➢ Freedom of conscience, the profession and free practice of religion should be guaranteed.
➢ Right to receive information, right to express and disseminate his opinion freely.
➢ Right to associate freely.
➢ Everyone should be equal; nothing shall justify the domination of one person by another.
➢ Family shall be national unit of the society and shall be protected by government.
➢ Right to national and international peace.
➢ Right to education
Duties:
➢ The rights and freedoms of individuals and groups shall be exercised with due regard to other
rights of other people
➢ African cultural values are prescribed and strengthened in relation with other members of
society in the spirit of tolerance, dialogue and consultation in order to promote a moral society.
State Obligations:
➢ Recognise the rights enshrined in the Charter
➢ Adopt legislative and other measures for their effectiveness
➢ Submit State reports on legislature and other measures
➢ Ensure independence of the Judiciary
➢ Undertake human rights training and awareness programmes
➢ Establish national institutions to promote and protect human rights

❖ NEW PARTNERSHIP FOR AFRICA’S DEVELOPMENT (NEPAD) - 2001

There existed what was called Millennium Partnership for Africa’s Recovery Programme (MAP) and
the Omega Plan. The two were merged to form New Africa Initiative (NAI). This was then approved
by the Organisation of African Union’s Heads of state and Government Summit on 11 th July 2001 in
Lusaka, Zambia. Its policy framework was finalised on 23rd October 2001, forming NEPAD. State
Parties believe in Just, Honest, Transparent, Accountable and Participatory government and Probity
(integrity) in public life. They undertake to work with renewed determination to enforce, among other
things;
• Rule of law
• Equality before the law
• Individual and collective freedoms
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 • The right to participate in free, credible and democratic political processes
• Adherence to the separation of powers, including protection of the Judiciary and the
effectiveness of parliaments.
NEPAD is a holistic, comprehensive integrated strategic framework for the socio-economic
development of Africa. It provides a vision for Africa, a statement of the problems facing the continent
and a programme of action to resolve these problems in order to reach the version. In other words, we
need to understand that:
➢ It is a plan that has been conceived and developed by African leaders.
➢ It is a comprehensive integrated development plan that addresses key social, economic and
political priorities in a coherent and balanced manner.
➢ It is a commitment that African leaders are making to African people and to the international
community, to place Africa on a path of sustainable growth.
➢ It is a commitment that African leaders are making to accelerate the integration of the African
continent into the global economy.
➢ It is a framework for a new partnership with the rest of world.
➢ It is a call to the rest of the world to partner Africa in her own development on the basis of her
own agenda and programme action.

NEPAD’s goals are three-fold:

1. To promote accelerated growth and sustainable development
2. To eradicate widespread and severe poverty
3. To halt the marginalisation of Africa in the globalisation process
These goals translate into six concrete sectorial priorities, as follows:
i. Bridge the Infrastructure gap. This priority is tackled along four different angles:
• Bridging the Digital Divide
• Energy
• Transport
• Water and Sanitation
ii. Build human resources. This priority regroups four missions:
• Reduce poverty
• Bridge the education gap
• Reverse the brain drain (emigration of educated people)
• Improve health
iii. Develop a strong and sustainable agriculture.
iv. Ensure the safeguarding and defence of the environment
v. Spread and favour culture across the African Continent
vi. Develop science and technology

The implementation of NEPAD is expected to bring about economic growth and development,
increased employment, a reduction in poverty and inequity, the diversification of productive activities,
enhanced international competitiveness and increased exports, and, finally, an increased integration of
the African continent.

❖ THE AFRICAN PEER REVIEW MECHANISM (APRM) - 2003

It is a mutually agreed instrument voluntarily acceded (agreement to be part of) to by member states of
the African Union (AU) as a self-monitoring mechanism. It was founded in 2003. The mandate of the
APRM is to encourage conformity (state of things being similar or identical) in regard to political,
economic, and corporate governance values, codes and standards, among African countries and the
objective in socio-economic development within the New Partnership for Africa’s Development
(NEPAD).
In March 2003, the NEPAD Heads of State and Government Implementation Committee, meeting in
Abuja, Nigeria, adopted a Memorandum of Understanding (MOU) on the APRM. This MOU
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effectively operates as a treaty; it came into effect immediately with the agreement of six countries to
be subject to its terms. Those countries that do not accede to the document are not subject to review.
The March 2003 meeting also adopted a set of “objectives, standards, criteria and indicators” for the
APRM. The meeting agreed to the establishment of a secretariat for the APRM and the appointment of
a seven-person “panel of eminent persons” to oversee the conduct of the APRM process and ensure its
integrity.

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