"Special procedures" is the general name given to the mechanisms established by the Commission on Human Rights and assumed by the Human Rights Council to address either specific country situations or thematic issues in all parts of the world. Currently, there are 31 thematic and 8 country mandates. The Office of the High Commissioner for Human Rights provides these mechanisms with personnel, policy, research and logistical support for the discharge of their mandates.
Special procedures' mandates usually call on mandate holders to examine, monitor, advise and publicly report on human rights situations in specific countries or territories, known as country mandates, or on major phenomena of human rights violations worldwide, known as thematic mandates. Various activities are undertaken by special procedures, including responding to individual complaints, conducting studies, providing advice on technical cooperation at the country level, and engaging in general promotional activities.
Special procedures are either an individual (called "Special Rapporteur", "Special Representative of the Secretary-General" or "Independent Expert") or a working group usually composed of five members (one from each region) . The mandates of the special procedures are established and defined by the resolution creating them. Mandate-holders of the special procedures serve in their personal capacity, and do not receive salaries or any other financial compensation for their work. The independent status of the mandate-holders is crucial in order to be able to fulfill their functions in all impartiality. (See Fact sheet N.27 - under revision).
Most Special Procedures receive information on specific allegations of human rights violations and send urgent appeals or letters of allegation to governments asking for clarification. In 2008, a total of 911 communications were sent to Governments in 118 countries. 66% of these were joint communications of two or more mandate holders.
Mandate holders also carry out country visits to investigate the situation of human rights at the national level. They typically send a letter to the Government requesting to visit the country, and, if the Government agrees, an invitation to visit is extended. Some countries have issued "standing invitations", which means that they are, in principle, prepared to receive a visit from any special procedures mandate holder. As of September 2009, 65 countries had extended standing invitations to the special procedures. After their visits, special procedures' mandate-holders issue a mission report containing their findings and recommendations.
Starting June 2006, the Human Rights Council engaged in an institution building process, which included a review of the special procedures system. On 18 June 2007, at the conclusion of its fifth session, the Human Rights Council adopted a Resolution 5/1 entitled "Institution-building of the United Nations Human Rights Council," which included provisions on the selection of mandate holders and the review of all special procedures mandates. The review was conducted throughout 2007 and 2008. All thematic mandates were extended. New thematic mandates have also been established, namely on contemporary forms of slavery (2007), on access to safe drinking water and sanitation (2008) and on cultural rights (2009). Country mandates have been extended with the exception of Belarus, Cuba, the Democratic Republic of the Congo and Liberia. At its 11th session, the Human Right Council created the mandate of independent expert on the situation of human rights in the Sudan which replaced a previous country mandate, for a period of one year. The independent expert was appointed at the 12th session of the Human Rights Council. A mandate-holder’s tenure in a given function, whether it is a thematic or country mandate, will be no longer than six years (two terms of three years for thematic mandate-holders).
In June 2007, the Council also adopted Resolution 5/2, containing a Code of Conduct for special procedures mandate holders. At the Annual Meeting of special procedures in June 2008, special procedures mandate holders adopted their Manual, which provides guidelines on the working methods of special procedures. At the same meeting, they also adopted an Internal Advisory Procedure to review practices and working methods, by which the Code of Conduct and other relevant documents, including the Manual, are implemented to enhance the effectiveness and independence both of the special procedures system as a whole and of individual mandate-holders. At its 8th session, the Human Rights Council adopted a Presidential statement concerning the terms of special procedures mandate holders and their compliance with the Code of Conduct.
Statement by Special Procedures Coordination Committee on behalf of mandate holders on the occasion of the Human Rights Day (10 December 2009)
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