Original Source: www.unesco.org
UNESCO, as defined in its Constitution, aims to foster global collaboration through education, science, and culture, promoting peace, justice, and human rights for all, regardless of race, gender, language, or religion. To fulfill this role, the Executive Board established a procedural framework in 1978 called the “104 Procedure,” dedicated to addressing individual communications regarding alleged human rights violations within UNESCO’s scope of competence.
The Committee on Conventions and Recommendations (CR) handles these communications, striving to reach amicable solutions during sessions of the Executive Board. Operating under strict confidentiality, the 104 Procedure allows for dialogue between UNESCO and the concerned governments to enhance human rights without adopting a confrontational or judicial tone.
Distinct from other UN human rights procedures, the 104 Procedure isn’t treaty-based and allows any member state to be addressed, regardless of treaty obligations. Individual cases are evaluated on their own merits, ensuring the process remains confidential and non-judicial. This focuses on constructive dialogue, promoting the resolution of human rights issues collaboratively.
As the chief advocate for human rights, the UNESCO Director-General plays a pivotal role in the 104 Procedure, authorized to make urgent appeals on behalf of victims. Communications can come from individuals, NGOs, or groups, detailing specific human rights violations pertinent to UNESCO’s mission, including rights related to education, culture, and freedom of expression.
Victims must be individuals who have exercised rights within UNESCO’s fields, particularly those affected by their roles as educators, artists, or journalists. To file a communication, the process begins with a letter to UNESCO’s Legal Adviser, leading to a formalized discussion. Once received and deemed admissible, it undergoes a comprehensive examination by the CR Committee, ensuring all parties can contribute within a confidential setting.
The CR Committee evaluates the admissibility and merits of communications, seeking to resolve issues amicably and foster human rights. Confidential reports are submitted to the Executive Board, and communication authors are informed of decisions, which can be revisited if new information arises. The procedure is characterized by strict conditions to maintain integrity and confidentiality, crucial for its success in advancing human rights within its framework.
Since its inception, the 104 Procedure has handled 618 communications, leading to impactful outcomes for many alleged victims. From securing releases and helping individuals leave oppressive conditions to promoting changes in discriminatory laws, the results showcase the procedure’s effectiveness while underscoring the importance of continued dialogue in challenging situations. The ongoing attention to unresolved communications highlights the sustainable work of the CR Committee.
The 104 Procedure was established by UNESCO to address human rights violations related to education, science, culture, and communication since these areas are integral to its mission. This procedure operates confidentially, allowing for cooperative dialogue without adopting an adversarial position, a distinctive approach that sets it apart from traditional human rights mechanisms. By reviewing and acting on communications, UNESCO aims to mitigate violations effectively while reinforcing the commitment to human rights globally.
The 104 Procedure serves as a vital mechanism within UNESCO for addressing individual communications about human rights violations. By focusing on dialogue and mutual understanding, it avoids adversarial confrontations while effectively promoting human rights advancements across its fields of competence. The successful management of numerous cases underscores the procedure’s importance within the broader framework of international human rights protection, advocating for victims’ rights and fostering systemic change.
