"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 29 thematic and 9 country mandates. The Office of the High Commissioner for Human Rights provides these mechanisms with personnel, logistical and research assistance to support them in 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 can be 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", "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)
Amongst their activities, 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 2006, more than 1,100 communications were sent to Governments in 143 countries. 48% 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. Mandate holders 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 October 2007, 60 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.
Since 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. All mandates were extended (except the mandates on Belarus and Cuba) until they are next considered by the Human Rights Council and the review is undertaken. The Programme of Work for the next year is currently under negotiation and will determine when each mandate holder will appear before the Council. The Council also adopted a Resolution 5/2, containing a Code of Conduct for special procedures mandate holders.
Special Procedures mandate holders held their Annual Meeting from 18 to 22 June 2007. The new Chair of the Coordination Committee, Ms. Gay McDougall, gave a statement to an organizational session of the Human Rights Council on 22 June 2007. At the Annual Meeting, special procedures mandate holders decided to authorize the Coordination Committee to draft and present to its fifteenth Meeting an appropriate procedure by which the Code of Conduct and other relevant documents, including the Manual of the United Nations Human Rights Special Procedures may best be implemented to enhance the effectiveness and independence both of the Special Procedures system as a whole and also of individual mandate-holders. In the meantime the Coordination Committee is authorized to give appropriate consideration to any matter concerning the working methods of mandate-holders which may be brought to its attention.
|