A/HRC/27/59
local and regional authorities; recommendation Rec(2001)19 on the participation of citizens
in public local life; and recommendation Rec(2004)1 on financial and budgetary
management at local and regional levels. 9
20.
Two sets of guidelines approved by the Governing Council of the United Nations
Human Settlement Programme (UN-HABITAT) in 2007 and 2009, namely guidelines on
decentralization and strengthening of local authorities, and guidelines on access to basic
services for all,10 should be considered as important contributions to the international
standard-setting process in the field of local government. By approving those documents,
States Members of the United Nations committed themselves to the promotion of
decentralization and strengthening of local authorities, as well as access to basic services
for all.
21.
The existing regulatory framework for local government also includes rules and
guidelines that have been developed by the global and regional associations of local
government. Thus, the Council of European Municipalities and Regions, the largest
European association of local and regional governments that brings together the national
associations of local and regional authorities from 41 European countries, has drawn up a
number of normative documents, among them: the European Charter of Municipal Liberties
(1953);11 the European Charter for Equality of Women and Men in Local Life (2006); 12 the
European Charter on Local and Regional Services of General Interest (2009). 13
22.
United Cities and Local Governments, the largest local government organization in
the world, founded in 2004, has greatly contributed to establishing a global normative
framework for local government, particularly for cities. Special mention should be made of
such important documents as the World Charter for the Right to the City (2005) and the
Global Charter-Agenda for Human Rights in the City (2010).14
IV. Role of different tiers of government in the implementation of
international human rights obligations of the State
23.
As a matter of international law, the State is one single entity, regardless of its
unitary or federal nature and internal administrative division. In that regard, only the State
as a whole is bound by obligations stemming from international treaties to which it is a
party. Thus, by becoming a party to an international human rights treaty, a State assumes
obligations to respect, to protect, and to fulfil human rights. More specifically, only States
are obliged to submit reports as required by the respective universal and regional human
rights treaties and only States can be the subject of individual or inter-State complaints
under certain of such treaties. Furthermore, a State appearing before an international human
rights complaints mechanism cannot defend itself by claiming that the alleged violation was
committed by a local authority.
24.
It should also be emphasized that, under general international law, a State, as
represented by the central government, is responsible for all acts of all its organs and
agents.15 It is commonly recognized that “the conduct of any State organ shall be
9
10
11
12
13
14
15
6
Available from www.coe.int/T/CM/adoptedTexts_en.asp.
Available from http://unhabitat.org/?wpdmact=process&did=NjkxLmhvdGxpbms=.
Available from www.ccre.org/docs/charter_municipal_liberties.pdf.
Available from www.ccre.org/docs/charte_egalite_en.pdf.
Available from www.ccre.org/docs/charter_sgi_en.pdf.
See section VI of the present report.
In that respect, a reference could be made, mutatis mutandis, to article 50 of the International
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents