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means you have a respect and will to fight against human rights violations.
But that’s not what happens in case of Boldistan, who discriminates people because
of their sexual orientation and makes it a crime punish it with a life sentence.
Although some African countries defend that those kinds of discrimination are not
included in any international human rights instrument, they’re wrong. It’s clearly a
violation of article 2º of International Covenant on Civil and Political Rights and the
Universal Declaration of Human Rights, even though it’s only a declaration it must be
respected.
The goal of Human Rights Council it is to protect and promote the respect of human
rights, so Boldistan is also violation their principles because they’re also a member
Being a part of a human rights NGO based in Boldistan we can not just “stay quiet”
nor compact with this kind of human rights violations, we must then resort to one of
the four mechanisms of the Human Rights Council to try to stop our government from
committing these atrocities. But first we must analyze each of them, they are defined
Starting with the special procedures, regulate in Section II of the Resoluiton 5/1, it’s
one of most important mechanism of HRC, they are composed special rapporteurs,
special representatives, working groups established by the Human Rights Council and
independent experts, the last ones must report their findings to the Council and the
UN General Assembly. These procedures can have a thematic, like the Working
violence and discrimination based on sexual orientation and gender identity in Costa
information’s with NGOs, visit some countries, with their consent, make studies and
be a good tool for our NGO because it consists in urgent appeals and letters of
allegations in cases of human rights violation, that can be made by NGOs or civils.
But the problem is the decision of interference with situation is indeed in the hands
of the mandate holder, and he is guided by some principles but is very subjective.
We also have the Annual Meeting of Special Procedures, which is based in Geneva,
where mandate holders can exchange information with NGOs and other human rights
defenders.
But there are many problems with this mechanism because although it can be used
even when a State has not ratified the relevant instrument or treaty, and it is not
we, as many NGOs, have limited resources to travel to Geneva and participate in
Annual Meeting, and if the violations that is concurrently in your country doesn't have
attention of the political and other "big countries" the communications doesn't have
much force.
Then, we have the Universal Periodic Review that was established by the Resolution
60/251 by the General Assembly and it’s also regulated by the Section I of the
Resolution 5/1.
The base of universal periodic review is dialogue between the State members of UN.
It's composed by several phases such as preparation of the documents that reviews
are based on, the review itself, and at the end the conclusions and recommendations.
This review is made according UN Charter, Universal Declaration on Human Rights,
although it's just a Declaration it must be respected, and other human rights
But the more important aspect is that, in this review, not only State members of UN
but also human rights institution like NGOs can participate, they have a word, which
doesn't exist in the Special procedures, since the review it's also made based in their
opinion.
However, the actual review is in the hands of the Working Group, it meets in three
two-week sessions each year, for reviewing some States. In this Working Group we
have the called "Troika", constitute by three States, that change for each State
Review. They're very important because they receive question that some countries
have to the State under review, then they give them to the secretariat of the UPR,
which in turn sends them to the State under review. Also, they help in the preparation
After the report, the outcome must be adopted in the Council plenary and we need
Like we said before NGOs have a bigger part in this mechanism than in the Special
Procedures, they can make formal submission that is one of three documents on
which reviews are based, using the guideline set out in Council decision 6/102, if
they're accredited, the obtain the consultative status with the United Nations
Economic and Social Council, then they can have make comments before the
adoption of outcome documents and they can also make oral and written statements.
This mechanism only has two big problems, the first is, for example, it's periodic
review and only some States are "analyzed" per year, if our problem is urgent we
don't have any guarantees that our country will be under review, then again it’s very
difficult to participate in the UPR, because once again we have limited resources,
even with Voluntary Fund for Financial and Technical Assistance have been
established to facilitate the participation of developing countries on the Council
resolution 6/17, it’s very difficult because it’s not quick process and it’s takes a lot of
money for the NGO to support all the costs around that participation on UPR.
The third mechanism is called the Advisory Committee, it's regulated in section III of
the Resolution 5/1 and defined as a subsidiary body. The Advisory Committee is
composed by experts that represent different regions. They meet twice a year, and
NGOs that have the consultative status with the United Nations Economic and Social
Council can make oral and written statements, also NGOs can organize parallel
meetings.
Because it has only a consulting role and even though some NGOs may have a role
in the Advisory Committee, it turns out to be not a very effective mean, even the
statute itself says that it’s only a subsidiary body, so it’s not the best mechanism.