HUMAN Rights Institutions and

Procedures
The UN human rights institutions are generally
either ‘Charter bodies’ or ‘treaty bodies’.
Charter bodies are established by the Charter itself, or
by bodies which are themselves created by the Charter.
Whereas, Treaty bodies are created by the respective
UN human rights treaties.
The main Charter bodies are the political UN human
rights institutions, as they are made up of the
representatives of governments, while the Treaty
bodies are the quasi judicial arm of UN human rights
supervision, composed of human rights experts acting
in their individual capacity.
Charter bodies:

1. The General Assembly :

is a principal organ of the UN, comprising all
members of the UN with equal voting status.
In relation to human rights the General Assembly has
considerable authority.
The General Assembly is entitled to ‘initiate studies
and make recommendations . . . assisting in the
realization of human rights and fundamental
freedoms’.
Further, all other UN human rights bodies report back
to the General Assembly, including the Security
Council through its annual report.
Cont’d
While both are non-binding in nature, they can have a
significant effect, for example, on the structures of the
various UN human rights bodies and through their
moral force, representing as such the majority State
opinion on an issue.
Unanimous or consensus resolutions can also
constitute strong evidence of the existence of a
customary norm.
2. Economic and Social Council
(ECOSOC)

Another principal organ under the Charter is the

Economic and Social Council (‘ECOSOC’). ECOSOC
consists of 54 members, each with equal voting status,
elected by the General Assembly to serve three-year
terms.
Like the General Assembly, ECOSOC has a reasonably
wide mandate in relation to human rights.
It is authorized by Article 62 of the UN Charter to
‘make or initiate studies and reports with respect to
international, economic, cultural, educational, health
and related matters’ and may ‘make recommendations
for the purpose of promoting respect for, and
Cont’d
ECOSOC effectively delegated its human rights
functions to the Commission on Human Rights (‘CHR’)
in 1946 in accordance with Article 68 of the UN
Charter.
 The CHR became the engine room of UN human
rights activity. For example, the CHR drafted most of
the UN human rights documents prior to its
dissolution in 2006.
In that year, it was replaced by the Human Rights
Council, which is now the main Charter body dealing
with human rights.
3. THE OFFICE OF THE UNITED NATIONS
HIGH COMMISSIONER FOR HUMAN
RIGHTS

Inroduction
The High Commissioner for Human Rights has
the lead responsibility within the United Nations
system for implementing the United Nations
human rights programme.
The High Commissioner plays an important role
in promoting and protecting human rights
through public statements, dialogue with
Governments, liaison with United Nations and
other bodies, and by ensuring that human rights,
including minority rights, remain an integral part
of the work of the United Nations.
Cont’d
Under the direction of the High Commissioner for
Human Rights, OHCHR has the mandate to promote
and protect all human rights for all people.
It works to build awareness of and respect for human
rights, to assist States to uphold human rights in
accordance with international human rights law and to
empower individuals to claim their rights.
OHCHR is headquartered in Geneva, with an office in
New York and a network of more than 50 field
presences around the world, many of which work
actively on minority issues.
Cont’d
The United Nations High Commissioner for Human
Rights is the official with “principal responsibility” for
United Nations human rights activities. In summary,
the mandate of the High Commissioner is to:
 Promote and protect all human rights for all people;
 Make recommendations to the competent bodies of the
United Nations system for improving the promotion and
protection of all human rights;
 Promote and protect the right to development;
 Provide technical assistance for human rights actions and
programmes;
Cont’d
 Coordinate United Nations human rights education and
public information programmes;
 Play an active role in removing obstacles to the realization
of human rights and preventing the continuation of
human rights violations;
 Engage in dialogue with Governments in order to help
secure respect for all human rights;
 Enhance international cooperation;
 Coordinate human rights promotion and protection
activities throughout the United Nations system;
 Rationalize, adapt, strengthen and streamline the United
Nations human rights machinery.14
The Structure OHCHR
The structure of OHCHR provides substantive and
secretariat support to the various United Nations
human rights bodies as they fulfill their standard-
setting and monitoring duties.

The Human Rights Council Branch serves as the

Secretariat of the Human Rights Council and a number
of its mechanisms. The Council is the key United
Nations intergovernmental body responsible for
human rights. It addresses violations, reviews States’
human rights records, works to prevent human rights
Cont’d
The Special Procedures Branch supports the work of
the special procedures, that is, individuals or expert
groups appointed by the Council to monitor human
rights in various countries or in relation to specific
issues. OHCHR assists these independent experts as
they carry out thematic work, conduct visits to the
field, receive and consider complaints from victims of
human rights violations and appeal to States on behalf
of victims.

The Human Rights Treaties Division provides legal

Cont’d
The Research and Right to Development Division
provides legal and policy advice and undertakes
substantive research on a broad range of thematic
human rights issues. The Indigenous Peoples and
Minorities Section (IPMS) is situated within this
Division. It works at both international and national
levels to improve human rights protection for persons
belonging to minorities through strategies such as
strengthening relevant legislation, policies and
practices and undertaking capacity-building activities,
while also promoting the Minorities Declaration and
other key human rights standards. The Division works
4. THE HUMAN RIGHTS
COUNCIL AND ITS SUBSIDIARY
BODIES
1. General Overview
The Human Rights Council is the most important
intergovernmental human rights body in the
United Nations. It provides a number of avenues
through which various concerns, including
minority rights, may be made known to United
Nations experts and Government representatives.
The Council is the successor to the Commission on
Human Rights, which it replaced in 2006.
The Council is composed of 47 Member States, each
represented by a Government delegation. Members of
the Council are elected by majority vote through a
2. Human Rights Council
Organizational Structure
Human Rights Council:
 Universal periodic review
 Special procedures(independent experts,
special rapporteurs, working groups)
 Forum on Minority Issues
 Expert Mechanism on the Rights of Indigenous
Peoples
 Social Forum
 Working groups
 Complaint procedure
 Advisory Committee
Universal periodic review
The universal periodic review (UPR) was mandated in
2006 by General Assembly resolution 60/251, which
created the Human Rights Council. The resolution
instructed the Council to “undertake a universal
periodic review, based on objective and reliable
information, of the fulfillment by each State of its
human rights obligations and commitments in a
manner which ensures universality of coverage and
equal treatment with respect to all States”. A year later,
the Council adopted an “institution-building package”
which remains the guide for its work. This package
Cont’d
The timing of a review depends on when the Member
State was reviewed in the first review cycle. The review
is conducted in two stages. The first consists of a three-
and-a-half-hour oral dialogue with the State in an
open-ended working group of the Council. Discussion
is based on three reports: (1) a report prepared by the
State under review; (2) comments specific to the
reviewed State from treaty bodies, special procedures
and other United Nations entities, compiled by
OHCHR; and (3) information from other stakeholders,
including national human rights institutions and civil
society actors, also compiled by OHCHR. The last two
Working Groups and other
subsidiary organs

The work of the Human Rights Council is not limited

to its periodic sessions in Geneva. The Council
establishes working groups, in particular with the aim
of drafting new standards, such as that which drafted
the Optional Protocol to the International Covenant
on Economic, Social and Cultural Rights, which was
opened for signature in September 2009. Working
groups of the Council include those related to the
Durban process, such as the Intergovernmental
Working Group on the Effective Implementation of the
Durban Declaration and Programme of Action, the Ad
Cont’d
Recent discussions have addressed themes such as
the right to development, the impact of climate change,
negative impacts of economic and financial crises on
efforts to combat poverty, and the role of women in the
fight against poverty and the right to participation.
Discussions at the Social Forum may address issues of
particular importance to minorities and hence
minorities are encouraged to take active part in its
preparation and organization.
Complaint procedure
The complaint procedure of the Human Rights
Council addresses “consistent patterns of gross and
reliably attested violations of all human rights and all
fundamental freedoms occurring in any part of the
world and under any circumstances”. It is based on the
former Commission’s procedure 1503, improved to
ensure that it is impartial, objective, efficient, victim-
oriented and conducted in a timely manner.
The complaint procedure of the Human Rights
Council is the only universal complaint procedure
covering all human rights and fundamental freedoms
in all States Members of the United Nations.
Submission and consideration
of complaints

In order to be admissible under the Human Rights

Council complaint procedure, a communication (i.e.,
complaint) should include:
 Identification of the person(s) or organization(s)
submitting the communication (this information will be
kept confidential, if requested); anonymous complaints
are not admissible;
 Description of the relevant facts in as much detail as
possible, providing names of alleged victims, dates,
location and other evidence;
 The purpose of the complaint and the rights allegedly
violated;
 Explanation of how the case may reveal a pattern of gross
Cont’d
 A communication should not use language deemed to be
abusive or insulting. In addition, it should not refer to a
case that appears to reveal a consistent pattern of gross
and reliably attested violations of human rights already
being dealt with by a special procedure, treaty body or
other United Nations or similar regional complaints
procedure in the field of human rights.
 Furthermore, the complaint should not be manifestly
politically motivated and its object should be consistent
with the Charter of the United Nations, the Universal
Declaration of Human Rights and other applicable
instruments in the field of human rights law. It must not
be exclusively based on reports disseminated by mass
Cont’d
Stage 2: Working Group on Communications
The Working Group on Communications is made
up of appointed members of the Human Rights Council
Advisory Committee and is mandated to meet at least
twice a year for five days each session. It examines
complaints which have passed the initial screening stage
and any replies received from States, with a view to
bringing to the attention of the Working Group on
Situations any particular situation that appears to reveal
a consistent pattern of gross and reliably attested
violations of human rights and fundamental freedoms.
Stage 3: Working Group on Situations
Cont’d
Stage 4: Human Rights Council

The Council considers situations brought to its

attention by the Working Group on Situations in closed
plenary meetings as frequently as necessary, but at least
once a year. The report of the Working Group on
Situations is examined in a confidential manner, unless
the Council decides otherwise. Based on its
consideration of a situation, the Council may take any of
the following actions, usually in the form of a resolution
or decision:
 To discontinue considering the situation when further
Advisory Committee

The Advisory Committee of the Human Rights

Council replaces the former Sub-Commission on the
Promotion and Protection of Human Rights. It consists
of 18 experts, who serve in their personal capacity for
renewable three-year terms. The experts are nominated
by States (which are encouraged to consult with civil
society before doing so) and elected by the Council.
The Committee convenes for one or two sessions each
year, for a maximum of 10 working days.
The Committee provides:
 research-based advice on a variety of thematic issues,
upon request by the Council.
THE UNITED NATIONS SPECIAL
PROCEDURES

Overview
 “Special procedures” is a term that covers a wide
range of mechanisms of the Human Rights
Council to address either specific country
situations or thematic issues.
Special procedures have developed into one of
the most effective ways of mobilizing the
resources of the United Nations to respond to
specific human rights concerns.
In practice, special procedures are specific
persons or working groups. Their mandates vary,
as do their activities.
Cont’d
Special procedures receive their mandates from the
Human Rights Council. Their activities include:
 investigating and reporting annually on human rights
issues, and offering recommendations for measures to be
taken, including through technical assistance, to address
those problems.
 Special procedures take action upon individual
complaints, conduct studies, help to interpret
international human rights law, provide advice on
technical cooperation at the country level, and engage in
outreach and general promotional and educational
activities.
Unlike United Nations treaty bodies, special
Cont’d
Special procedures go by a variety of designations;
they may be working groups, special rapporteurs,
independent experts or representatives or, in a few
cases, (special) representatives of the Secretary-
General.
These titles do not reflect any hierarchy or
indicate different levels of authority. Of primary
importance is each procedure’s mandate, which is
defined by the resolution creating the procedure.
Country-specific mandates usually call on mandate
holders to examine, monitor, advise and publicly report
on human rights situations in specific countries or
Cont’d
All mandate holders of the special procedures serve in
their personal capacity, and do not receive a salary or
other financial compensation for their work from the
United Nations. They are not United Nations staff
members but are supported by OHCHR; they enjoy
diplomatic immunity when they are carrying out their
mandate. Over the past few years, special procedures
have been trying to enhance their coordination and
coherence as a system of independent experts, through
a coordination committee that supports the
harmonization of their working methods and
Cont’d
Upon receiving information about an alleged
violation, special procedures send a letter of allegation
or urgent appeal to the Government. Letters of
allegation are based on information relating to ongoing
or non-urgent issues of concern and seek to obtain
information from and the views of a State. Urgent
appeals normally reflect more immediate concern about
alleged violations and may call for immediate action by
a State to cease acts that allegedly violate human rights
or to protect an individual or group from harm. In 2011,
645 communications were sent to 131 States; 72 per cent
were joint communications involving several mandates,
Cont’d
For a communication to be assessed, it must identify
the alleged victim(s), perpetrators of the violation, and
date and place of the incident, and provide a detailed
description of the incident in which the alleged
violation occurred. While the identification of the
person or organization submitting a communication
may be kept confidential upon request, it must be
indicated with the communication.
Other details pertaining to the alleged violation may
be required by the relevant thematic mandates (e.g.,
past and present places of detention of the victim,
medical certificate based on examination of the victim,
Cont’d
Several of the thematic mechanisms have a specific
submission format, including those mandates which
allow “urgent actions”. These include the Special
Rapporteur on extrajudicial, summary or arbitrary
executions; the Special Rapporteur on violence against
women; the Working Group on Arbitrary Detention;
the Working Group on Enforced and Involuntary
Disappearances; the Special Rapporteur on the
promotion and protection of the right to freedom of
opinion and expression; and the Special Representative
on human rights defenders.
Developments subsequent to a report should always
Special procedures in the
Council
Special procedures in the Council There were real fears
that the system of special procedures would not survive
the reform process given their effectiveness in publicly
denouncing the human rights violations of States.
This fear was driven by the ‘negative reform agenda’ of
the ‘Like-Minded Group’ of States seeking to limit the
independence and working methods of the special
procedures. While special procedures have been
maintained in much the same form as under the
Commission, the negative reform agenda has had some
success. Special procedure mandate holders now have
a code of conduct and an Internal Advisory Procedure
Cont’d
Both of these initiatives are likely to limit the
independence of mandate holders and have the effect
of suggesting that it is the behaviour of mandate
holders, and not of States, which requires regulation.
In addition, country mandates have been reduced
from three-year to one-year terms. As a result of the
Council’s review of all existing special procedure
mandates, the country mandates for Cuba, Belarus and
the Democratic Republic of the Congo have been
discontinued, while the mandate for Sudan was
extended for only six months, creating a concerning
precedent to further restrict the length of country