We decided to form “League of Nations” for resolving disputes involving more than one country. System evolved. Today we have UNO. One of its branches to deal with Human Rights Violation is O.H.C.H.R. (Office of the High Commissioner for Human Rights). There have been changes in the organizational structure (the veto concept and number of veto power holding nations etc when it comes to UNO. How many disputes have we resolved so far? There have been times when use of power (weapons, army etc) could not be avoided. What about OHCHR? The countries abiding by their law has an option to opt out, if they wish in some cases. What purpose does it solve? Not much.
If nations states are left to flex their muscles against an entity or group of entities which includes letting them violate human rights within their territorial jurisdiction, it defeats the very purpose of this organization as far as their battle against human rights is concerned. In other words, as a civilized society we have failed to trust one another and grow up in many ways. The quest for power is still on, which is hidden behind our excuse of national interest and territorial jurisdiction.
The worst possible solution is this. Consider this pyramid.
<> - UNO
()() - OHCHR, Amnesty International, Civil Rights Orgs
{}{}{} - Nation States
0 0 0 0 - Individuals
We live in the pyramid to protect the individual rights in its core. But we claim that our charter can only protect the interest of nation state.
Huge assumption: Nation states are fair to their own citizens.
What if their system doesn't work, just the way we have been anticipating it to work? Who are we protecting?
UNO and OHCHR are not very particular in protecting rights of an individual except in some situations. But there is a problem. They probably need the approval of the involved nation state before they can take some steps.
Is it practical?
Where do we go from here?
Here are some suggestions.
1. UNO should expand the charter of OHCHR to protect individual rights violation.
2. No veto for individual rights violations.
3. Proper infrastructure for individuals to escalate the issues.
4. Every case needs to have a closure. It should be recorded and published in UNO. Onus could on OHCHR or other Human Rights/Civil Rights organizations.
5.Politically biased complaints should be forwarded to appropriate forums. Facts to be published in UNO and reviewed.
6. This will reduce the concept of protecting physical national boundaries.
7. Use of power against a nation state, if found in violation.
8. To avoid ganging up against a nation, following steps must be taken.
a) Two months time for resolution of an issue.
b) Three months time before the court proceeding, debates or other action starts.
c) Complete transparency of documentation and evidences. No encapsulation of facts.
d) OHCHR to forward cases including individual rights violation cases to International Court of Justice (I.C.J.) with/without the approval of a nation state, if OHCHR finds merit in the case.
9. Every country should have a centralized complaint reporting system that connects the entire world. The complaint filed by a party automatically gets recorded in UNO/OHCHR etc. The world will know about every violation.
10. Protection of life of the victim in cases involving individual rights violation from the moment a case if filed.
11. Free access of filing system to individuals filing a complaint.
12. Three months discovery of facts. More time after review. Maximum 180 days.
13. A standardized systems that is quantifiable and measurable to resolve a complaint of an individual portrayed as a rebel by a nation state.
14. Court proceedings can go live to ensure transparency as long as there is no chaos.
15. Media to have rights to get relevant facts.
If we want to live in a world where we respect one another and don't intent to promote slavery, imperialism, etc., we must have a better understanding of the needs of 21st/22nd century. Lets make a world that is fairer.
Folks,
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