A/HRC/27/59
considered an act of that State under international law, whether the organ exercises
legislative, executive, judicial or any other functions, whatever position it holds in the
organization of the State, and whatever its character as an organ of the central government
or of a territorial unit of the State”.16 In paragraph 4 of its general comment No. 31 (2004)
on the nature of general legal obligations imposed on States Parties to the Covenant, the
Human Rights Committee made it clear that all public or governmental authorities, at
whatever level — national, regional or local — are in a position to engage the responsibility
of the State party. Similarly, in paragraph 42 of its general comment No. 16 (2005) on the
equal right of men and women to the enjoyment of all economic, social and cultural rights,
the Committee on Economic, Social and Cultural Rights emphasized that violations of the
rights contained in the Covenant can occur through the direct action of, failure to act or
omission by States parties, or through their institutions or agencies at the national and local
levels. It should be noted that the conduct of certain institutions exercising public powers is
attributed to the State even if those institutions are regarded in internal law as autonomous
and independent of the executive government.17
25.
Illegal acts of any public authority, including local government, are attributable to
the State even if they are ultra vires or contravene the domestic laws and instructions.18
That flows directly from the principle contained in article 27 of the Vienna Convention on
the Law of Treaties, according to which a State party may not invoke the provisions of its
internal law as justification for its failure to perform a treaty.
26.
It is the central government which has the primary responsibility for the
implementation of international human rights obligations of the State, while local
government has a complementary role to play. Upon ratifying an international human rights
treaty, the State may delegate implementation thereof to lower tiers of government,
including local authorities. In that respect, the central government might need to take
measures at the local level, in particular, to establish procedures and controls in order to
ensure that the State’s human rights obligations are implemented. Local authorities are
obliged to comply, within their local competences, with their duties stemming from the
international human rights obligations of the State. Representatives of local authorities
should be involved in the drafting of national human rights strategies and policies. Local
authorities are actually those who are to translate such policies into practical application. In
decentralized States, local government can play a more proactive and autonomous role in
the promotion and protection of human rights. Institutionalized cooperation on human
rights between the central and local governments could have a positive impact on the level
of implementation of the international human rights obligations of the State.
27.
To comply with their human rights responsibilities, local authorities should have
necessary powers and financial resources. Adequate implementation of human rights,
particularly economic, social and cultural rights, by local authorities require financial
resources which are not available everywhere; that should be taken into consideration both
at the national and international level. It should be particularly emphasized that whatever
16
17
18
Covenant on Civil and Political Rights, according to which the provisions of the Covenant “shall
extend to all parts of federal States without any limitations or exceptions”.
General Assembly resolution 56/83, entitled “Responsibility of States for internationally wrongful
acts”, annex.
Commentaries to the draft articles on responsibility of States for internationally wrongful acts adopted
by the International Law Commission at its fifty-third session (2001), Official Records of the General
Assembly, Fifty-sixth session, Supplement No. 10 (A/56/10), chap. IV.E.2, p. 82.
Article 7 of the annex to General Assembly resolution 56/83 (see note 16 above).
7
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