Abstract
This Chapter discusses the origins and development of the present proposal. Not a great deal will be said at this stage about the attitudes of member states since this will be dealt with in some detail in Chapters 5 and 7. But it should be apparent from what follows that a number of important NGOs have been very active in urging the acceptance of the proposal, even if it is not as far-reaching as they would like. Indeed, one distinguished NGO member,1 speaking in the context of the failure of the High Commissioner proposal, or of any other proposal for an effective enforcement procedure, to make any progress during Human Rights Year, 1968, has noted the “marked difference” between the approaches of governments and of NGOs. He sees a “growing conflict... between the conservatism of most governments in regard to human rights and the importance and urgency which the non-governmental sector attaches to the more effective protection of human rights. It is a clear indication that public opinion is far in advance of the official governmental attitude.”
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References
Note also the failure of the Australian proposal for an International Court of Human Rights, U.N. Doc. E/CN.4/AC. 1 /27 (1948).
J. Stoessinger, The Refugee and the World Community esp. 164–168 (1956);
J. Lador-Lederer, International Group Protection 369–373 (1968);
J. Read, The United Nations And Refugees — Changing Concepts (Int’l Concil. No. 537, 1962 )
E. Rees, Century of the Homeless Man (Int’l Concil. No. 515, 1957 )
R. Langer, A United Nations Attorney-General or High Commissioner for Human Rights 4 (1950).
Id., at 10. See also discussion in M. Moskowitz, Human Rights and World Order 142–151 (1958). Mr Moskowitz was the representative of the Consultative Council of Jewish Organizations when the proposal was presented to the Commission on Human Rights.
The provision was very similar to those in a number of national statutes dealing with the Ombudsman: see W. Gellhorn, Ombudsmen and Others 427–28 (1966).
J. Blaustein, Human Rights — A Challenge to the United Nations and to our Generation 23 (Dag Hammarskjold Memorial Lecture, Columbia University, 4 December 1963), reprinted in A. Cordier and W. Foote eds., The Quest for Peace: The Dag Hammarskjold Memorial Lectures 315, 328–29 (1965).
The salient aspects of the NGO draft are reproduced in Fawcett, “The protection of human rights on a universal basis: recent experience and proposals,” in A. Robertson ed., Human Rights in National and International Law 289, 298 (1968).
E.S.C.O.R., 42nd Sess., 1479th meeting (1967). See Appendix I for the text of the resolution.
U.N. Doc. A/8035, a Report prepared by the Secretariat for the 1970 debate, contains a useful summary of all the previous debates.
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© 1972 Martinus Nijhoff, The Hague, Netherlands
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Clark, R.S. (1972). The Development of the High Commissioner Proposal. In: A United Nations High Commissioner for Human Rights. Springer, Dordrecht. https://doi.org/10.1007/978-94-011-8800-5_3
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DOI: https://doi.org/10.1007/978-94-011-8800-5_3
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