Human Rights
a1810145
Lectures
Terminology
ICESCR International Covenant on 经济社会文化权利国际公约
Economic, Social and Cultural
Rights
ICCPR International Covenant on Civil 公民与政治权利国际公约
and Political Rights
L7
FPIC Free, Prior and Informed Consent
UNDRIP United Nations Declaration on 聯合國原住民族權利宣言縮寫
the Rights of Indigenous Peoples
Page 1 of 146
,Human Rights
a1810145
Lectures
L2 - Factfinding, (fabrications 捏造) and advocacy in HRL
Structure of this lecture
Introduction to issues
Part I
1. International Factfinding – case study of Myanmar
2. Factfinding by non-UN bodies
3. International Factfinding – case study of Sexual Violence
Part II
1. Factfinding at the National Level
2. Case study – the Brereton Report
Contestability of ‘facts’
‘The Internet has if anything made facts both less and more accessible, and ensured that every ‘fact’ is
immediately in competition with a variety of ‘counter-facts’. ..
The vast availability of facts and yet the poverty of what often passes as facts is something that the more
institutional and formal exercise of fact finding must reckon with.’
- Megret, ‘Do Facts Exist?’ in Knuckey and Alston, The Transformation of Human Rights Factfinding
(2016)
Ensuring veracity 确保真实性
Example: shit adelaide, post critising the University of Adelaide, in fact, it was not a billboard made by the
univrsity, the university logo is just next to it.
Page 2 of 146
,Human Rights
a1810145
Lectures
How do states generally respond to allegations of HR abuses? In 4 different ways, Australia generally
does not fall within any of the forms – UN should watch its own states, why you are wasting time
minding Australia’s business.
A) Aggressive rejection 激进的拒绝 (rejection of allegations, the investigators were based on political
motivation, interfering with national sovereignty, violating the UN charter, biased view)
B) Unsubstantiated denial 未经证实的否认 (while we deny it, we don’t believe it there is any torture
happen in the state, but does not give evidence to back up. ‘Oh well we cannot look into that because
our court system does not allow, use formal mean of constructing)
C) Obstructive formalism 阻碍形式主义
D) Sophisticated pretence 复杂的伪装
Fact Finding - UN Commission of Inquiry into North Korea 2014
Conducted by UN Special Rapporteurs Michael Kirby and Sonia Biserko. Found ‘systematic, widespread
and gross HR violations have been and are being committed by DPRK
Called for:
➢ ICC to investigate (SC to refer situation to ICC)
➢ SC to impose sanctions
➢ Possibility that President responsible for Crimes Against Humanity
DPRK Response North Korea response:
“A collection of lies and fabrications”
Where do the ‘facts’ go?
• International Sanctions against states imposed eg by the UN SC or the UN GA including targeted
sanctions on individuals freezing bank accounts, preventing travel etc.
• International Court of Justice – state-to-state action
(The Last Two Weeks)
• International Criminal Court – may lead to, or assist with, prosecution of individual perpetrators
(‘third party information’) (generally incriminating but could be exonerating)
• Universal jurisdiction – domestic courts - prosecution of individual perpetrators
‘Investigative bodies are usually created after a human rights emergency has occurred, or a conflict
has broken out.
They are not principally seen as preventive in nature. But these mechanisms contribute to the non-recurrence
of violations through their collection and analysis of information on human rights violations and abuses; the
identification of root causes and accelerators of serious human rights violations –including in the economy
and society; identification of alleged perpetrators; and recommendations on accountability and transitional
justice (where people are prosecuted …).
Their work with the media and in other public spaces also strengthens prevention – as does the perpetrators’
awareness of the consequences of their acts, which investigative bodies cast in sharper relief.’
- High Commissioner for HR, 2021
Part I
International Factfinding at the International Level
International factfinding
Page 3 of 146
, Human Rights
a1810145
Lectures
Various UN bodies can mandate fact finding (eg the Security Council, the Secretary General, the
General Assembly, OHCHR, and the Human Rights Council*)
• Structural – ongoing factfinding inquiries
• Ad -hoc fact finding - inquires set up in response to an incident (eg Myanmar)
Factfinding and the UN Human Rights Council
• 9 Commissions on Inquiry/FFMs
• 56 Special Rapporteurs (often high respected law professors, look to the right to food, extreme
poverty…) investigating HR issues: 44 thematic and 12 geographic
• 8 Working Groups (eg Wk Gp on Arbitrary Detention) (go to people, they must get the permission
in order to visit the investigating country)
(1 - if you want to search the working groups; 2 – fact finding report, investigation into military, in the end
they made recommendation; 3 – the investigation process, all the steps need to be followed; 4 – the booklet
also tells the following: Mandate, composition…)
Mandate, Composition, Methodology and Cooperation
• Mandate 授权 – alleged serious/gross HR violations, location, time period, timing and resources for
reporting
Page 4 of 146
a1810145
Lectures
Terminology
ICESCR International Covenant on 经济社会文化权利国际公约
Economic, Social and Cultural
Rights
ICCPR International Covenant on Civil 公民与政治权利国际公约
and Political Rights
L7
FPIC Free, Prior and Informed Consent
UNDRIP United Nations Declaration on 聯合國原住民族權利宣言縮寫
the Rights of Indigenous Peoples
Page 1 of 146
,Human Rights
a1810145
Lectures
L2 - Factfinding, (fabrications 捏造) and advocacy in HRL
Structure of this lecture
Introduction to issues
Part I
1. International Factfinding – case study of Myanmar
2. Factfinding by non-UN bodies
3. International Factfinding – case study of Sexual Violence
Part II
1. Factfinding at the National Level
2. Case study – the Brereton Report
Contestability of ‘facts’
‘The Internet has if anything made facts both less and more accessible, and ensured that every ‘fact’ is
immediately in competition with a variety of ‘counter-facts’. ..
The vast availability of facts and yet the poverty of what often passes as facts is something that the more
institutional and formal exercise of fact finding must reckon with.’
- Megret, ‘Do Facts Exist?’ in Knuckey and Alston, The Transformation of Human Rights Factfinding
(2016)
Ensuring veracity 确保真实性
Example: shit adelaide, post critising the University of Adelaide, in fact, it was not a billboard made by the
univrsity, the university logo is just next to it.
Page 2 of 146
,Human Rights
a1810145
Lectures
How do states generally respond to allegations of HR abuses? In 4 different ways, Australia generally
does not fall within any of the forms – UN should watch its own states, why you are wasting time
minding Australia’s business.
A) Aggressive rejection 激进的拒绝 (rejection of allegations, the investigators were based on political
motivation, interfering with national sovereignty, violating the UN charter, biased view)
B) Unsubstantiated denial 未经证实的否认 (while we deny it, we don’t believe it there is any torture
happen in the state, but does not give evidence to back up. ‘Oh well we cannot look into that because
our court system does not allow, use formal mean of constructing)
C) Obstructive formalism 阻碍形式主义
D) Sophisticated pretence 复杂的伪装
Fact Finding - UN Commission of Inquiry into North Korea 2014
Conducted by UN Special Rapporteurs Michael Kirby and Sonia Biserko. Found ‘systematic, widespread
and gross HR violations have been and are being committed by DPRK
Called for:
➢ ICC to investigate (SC to refer situation to ICC)
➢ SC to impose sanctions
➢ Possibility that President responsible for Crimes Against Humanity
DPRK Response North Korea response:
“A collection of lies and fabrications”
Where do the ‘facts’ go?
• International Sanctions against states imposed eg by the UN SC or the UN GA including targeted
sanctions on individuals freezing bank accounts, preventing travel etc.
• International Court of Justice – state-to-state action
(The Last Two Weeks)
• International Criminal Court – may lead to, or assist with, prosecution of individual perpetrators
(‘third party information’) (generally incriminating but could be exonerating)
• Universal jurisdiction – domestic courts - prosecution of individual perpetrators
‘Investigative bodies are usually created after a human rights emergency has occurred, or a conflict
has broken out.
They are not principally seen as preventive in nature. But these mechanisms contribute to the non-recurrence
of violations through their collection and analysis of information on human rights violations and abuses; the
identification of root causes and accelerators of serious human rights violations –including in the economy
and society; identification of alleged perpetrators; and recommendations on accountability and transitional
justice (where people are prosecuted …).
Their work with the media and in other public spaces also strengthens prevention – as does the perpetrators’
awareness of the consequences of their acts, which investigative bodies cast in sharper relief.’
- High Commissioner for HR, 2021
Part I
International Factfinding at the International Level
International factfinding
Page 3 of 146
, Human Rights
a1810145
Lectures
Various UN bodies can mandate fact finding (eg the Security Council, the Secretary General, the
General Assembly, OHCHR, and the Human Rights Council*)
• Structural – ongoing factfinding inquiries
• Ad -hoc fact finding - inquires set up in response to an incident (eg Myanmar)
Factfinding and the UN Human Rights Council
• 9 Commissions on Inquiry/FFMs
• 56 Special Rapporteurs (often high respected law professors, look to the right to food, extreme
poverty…) investigating HR issues: 44 thematic and 12 geographic
• 8 Working Groups (eg Wk Gp on Arbitrary Detention) (go to people, they must get the permission
in order to visit the investigating country)
(1 - if you want to search the working groups; 2 – fact finding report, investigation into military, in the end
they made recommendation; 3 – the investigation process, all the steps need to be followed; 4 – the booklet
also tells the following: Mandate, composition…)
Mandate, Composition, Methodology and Cooperation
• Mandate 授权 – alleged serious/gross HR violations, location, time period, timing and resources for
reporting
Page 4 of 146
