NON-STATE ACTORS AND THEIR OBLIGATIONS UNDER INTERNATIONAL HUMAN RIGHT TREATIES

Abstract

Under International human rights law, the States are placed with onerous duties on protection of human rights. The Preamble to the Universal Declaration of Human Rights (UDHR) notes that all person and entity in society must contribute to a legal system that promotes full enjoyment of human rights. This duty, according to many authors, is universal and extends to all entities, even if they are non-state actorsi or state actors. This is because the only entities able to violate human dignity are hardly States. Under conventional human rights methods, Non-State Actors (NSAs) fall beyond international human rights law's limitsii . They are not parties to the related treaties and are thus only bound to the degree that governments may extend the obligations agreed by States. The State continues to have primary duties and obligations in the area of human rights enjoyment. According to Clapham, the State cannot exempt itself of the responsibilities of protecting human rights under international law, even where they delegate the responsibilities to non-state actorsiii . The consequence is that these NSAs are usually found not to be directly governed by the international treaties on human rights. This situation portends to make a mockery of most of the accountability mechanism for international human rights abuses. Besides, the threat to human rights posed by NSAs has been of rising concern in recent years, such as the treatment of young women by peacekeepers in conflict zones, the infringement of the human rights of indigenous peoples by multinational organizations, etc. Nevertheless, even though States have the primary responsibility, there has been an argument that NSAs also must uphold human rights as well as refrain from violating an individual's human rights.