联合国人权条约机构的历史与改革进程

The History of the United Nations Human Rights Treaty Bodies and Its Reform Process

联合国人权条约机构设立之初是为了监督和促进世界范围内的人权保护和实现,但自其成立以来就一直饱受诸如缔约国无法按时提交履约报告、条约机构运作效率低下等问题的困扰。故自最早的人权条约机构正式运作以来,至今共经历了五个阶段、长达三十多年的改革。不过改革并未取得实质性进展,条约机构需要改革的最根本的问题至今仍旧没有得到有效解决。同时,在条约机构的改革过程中,条约机构的专家们和缔约国代表们对改革表达了两种不同的期望:前者希望进一步增强机构的权威,而后者则希望更多地参与到条约机构的运行中,进一步增加条约机构工作程序的透明度。在2020年这个关键的改革节点,根据联合国人权事务高级专员办事处和联合国秘书长向联合国大会提交的关于人权条约机构改革的待审议报告可以看出,改革并未达到预期目标,因而改革的方式仍需更多学者和专家的探究。若想寻求人权条约机构改革的真正出路,需要条约机构的专家和联合国秘书长同缔约国各国就根本性问题进行不回避的讨论和磋商,得出双赢的解决方案。

The United Nations human rights treaty bodies were originally established to monitor and promote the protection and practice of human rights worldwide.However,since the establishment of those treaty bodies,this mechanism has been plagued by problems such as the inability of States parties to submit reports on time,the inefficient operation of treaty bodies and so on.Therefore,since the first human rights treaty body officially operated,it has gone through five stages of reforms for more than 30 years.However,no substantial progress has been made in the reform up until now.The most fundamental issues that require reforms of the treaty bodies have not yet been effectively resolved.In the process of reforming the treaty bodies,the experts of the treaty bodies and the representatives of the States parties expressed two different expectations for reform:The former hopes to further strengthen the treaty bodies’authority,while the latter hopes to participate more in the operation of the treaty bodies and further increase the transparency of the working procedures of the treaty bodies.2020 is a critical year for the reform.According to the pending review report on the reform of human rights treaty bodies submitted by the Office of the United Nations High Commissioner for Human Rights and the Secretary-General of the United Nations to the United Nations General Assembly,it can be seen that the reform did not meet the expected goals,and the method of reform needs more scholars and experts to participate and design.To find a real way to reform the human rights treaty bodies,experts from the treaty bodies and the Secretary-General of the United Nations need to engage in non-evasive discussions and consultations on fundamental issues with the States parties to find out a win-win solution.