Lecture 8 - Human Rights Council 1 PDF

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Lecture 8

UNLPL

Special Procedures Definition “The special procedures of the Human Rights Council are independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective.”

Where & When do the Special Procedures Originate • Currently under the Human Rights Council’s mandate • Established long before HRC’s creation in 2006 • Set up in 1980 - Working Group on Enforced Disappearances

Special Procedures Today… • “The Jewel in the Crown” of HR mechanisms - Kofi Annan (Former UN Secretary-General) • 43 thematic mandates • 14 country specific mandates as of September 2016…

Role of ‘Special Rapporteur’ (or Independent Expert/working group members) Specific tasks are defined in resolutions creating of extending their mandates, but generally SRs; • • • • •

Undertake country visits (although SRs must be invited by the state) Bring human rights violations to the attention of the state Conduct expert consultations Raise public awareness of human rights issues Report annually to the HRC (Human Rights Council) and UNGA (General Assembly)

Who can become a Special Rapporteur 1. Qualifications relevant educational qualifications or equivalent professional experience in the field of human rights; good communication skills is one of the official languages of the UN 2. Relevant Expertise knowledge of international human rights instruments, norms and principles; as well as knowledge of institutional mandates related to the United Nations or other international or regional organisations work in the area of human rights; proven work experience in the field human rights

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3. Established Competence nationally, regionally or internationally recognised competence related to human rights 4. Flexibility / Readiness and Availability of Time effective performance of the functions of the mandate and to respond to its requirements, including attending Human Rights Council sessions

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Special Procedures 1. Country Specific Mandates e.g. Belarus Mandate established in 2012 Special Rapporteur = Mr Miklos Haraszti Belarus sat on Security Council between 1974 &75 The situation in Belarus included allegations of; Torture Arbitrary detention Harassment of government leaders, lawyers, media and students Continuing administration of the death penalty

HRC resolution A/HRC/20/13 mandates the Special Rapporteur on the situation of human rights in Belarus to; • Monitor the situation of human rights in Belarus and to make recommendations for its improvement Help implement the recommendations contained in the report of the High • Commissioner (A/HRC/20/8) to the HRC in June 2012 • Assist the government of Belarus in fulfilling its human rights obligations; to offer support and advice to civil society • Seek, receive, examine and act on information from all relevant stakeholders pertaining to the situation of human rights in Belarus • Report annually to the HRC and to the UNGA Recommendations to be implemented; • • • • • • • • •

Release political prisoners Investigate allegations of torture Ensure the right to freedom of assembly and association End harassment of civil society organisations End pressure on the media and journalists Ensure compliance with the right to due process and a fair trial Cooperate with UN HRC mechanisms Establish an NHRI Establish a moratorium on executions with a view to abolishing the death penalty

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e.g. Palestine Not a member of the UN although is recognised as a sovereign state by 136 members Special Rapporteur = Mr Michael LYNK Calls on the SR; a) to investigate Israel’s violations of the principles and bases of international law, international humanitarian law and the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, in the Palestinian territories occupied by Israel since 1967 b) to receive communications, to hear witnesses, and to use such modalities of procedure as he may deem necessary for his mandate c) to report, with his conclusions and recommendations, to the Commission on Human Rights at its future sessions, until the end of the Israeli occupation of those territories e.g. Iran Current mandate established in 2011 - previous mandate concluded in 2002 Special Rapporteur = Mr Ahmed Shaheed Sat on the SC from 1955-56 Calls on the SR; a) to monitor and investigate human rights violations, transmit urgent appeals and letters to Iran on alleged violations of human rights b) to undertake a country visit to Iran and to the region and engage with relevant stakeholders c) to submit reports to the UNGA and HRC on the situation of human rights in the Islamic Republic of Iran d) to engage publicly on issues of concern, including though press releases

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2. Thematic Mandates mandates of a specific theme rather than country… e.g. Special Rapporteur on Extrajudicial Summary or Arbitrary Executions Mandate established in 1982 “Extrajudicial” executions were added to the mandate in 1992 Most recent SR = Agnes Callamard The HRC, in its latest resolution 26/12 on the mandate of the SR on extrajudicial, summary or arbitrary executions, requested to the SR, in carrying out their mandate; a) to continue to examine situations of extrajudicial, summary or arbitrary executions in all circumstances and for whatever reason, and to submit their findings on an annual basis, together with conclusions and recommendations to the HRC and the UNGA, and to draw the attention of the Council to series situations of such events that warrant immediate attention or where early action might prevent further deterioration b) to continue to draw the attention of the UN High Commissioner for Human Rights to serious situations of extrajudicial, summary or arbitrary executions that warrant immediate attention or where early action might prevent further deterioration c) to respond effectively to information which comes before them, in particular when an extrajudicial, summary or arbitrary execution is imminent or threatened or when such an execution has occurred d) to enhance further their dialogue with governments, as well as to follow up on recommendations made in report after visits to particular countries e) to continue to dominator the implementation of existing international standards on safeguards and restrictions relating to the imposition of capital punishment, bearing in mind the comments made by the HRC in its interpretation of Article 6 of the International Covenant on Civil and Political Rights, as well as the Second Optional Protocol thereto; f) to apply a gender perspective on their work

e.g. SR on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Mandate established in 1985 CAT/ICCPR Article 7 SR = Juan Ernesto Mendez General Recommendations: • • • • • • • •

Prohibit all forms of torture Abolish corporal punishment Interrogations should only take place at official centres Regular inspections detention families should take place Facilities should take steps to effectively prevent prisoner on prisoner violence Victims of torture should be able to obtain redress and compensation Training should be provided for police and security personnel National legislation should implement Article 3 CAT (extradition)

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e.g. Special Rapporteur on Violence against Women, its Causes and Consequences Mandate established in 1994 SR = Dr Dubravka Simonovic According to his/her mandate the Special Rapporteur is requested to: • Seek and receive information on violence against women, its causes and consequences from Governments, treaty bodies, specialised agencies, other special rapporteurs responsible for various human rights questions and intergovernmental and non-governmental organisations, including women's organisations, and to respond effectively to such information;! Recommend measures, ways and means at the local, national, regional and • international levels to eliminate all forms of violence against women and its causes, and to remedy its consequences;! Work closely with all special procedures and other human rights mechanisms of the • Human Rights Council and with the treaty bodies, taking into account the request of the Council that they regularly and systematically integrate the human rights of women and a gender perspective into their work, and cooperate closely with the Commission on the Status of Women in the discharge of its functions;! • Continue to adopt a comprehensive and universal approach to the elimination of violence against women, its causes and consequences, including causes of violence against women relating to the civil, cultural, economic, political and social spheres.

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e.g. Working Group on the Issue of Discrimination against Women in Law and Practice Mandate established in 2010 Focuses on equality but links to violence As is stated in resolution 15/23, the main tasks which define the mandate are; •

To develop a dialogue with States, the relevant United Nations entities, national human rights institutions, experts on different legal systems, and civil society organisations to identify, promote and exchange views on best practices related to the elimination of laws that discriminate against women or are discriminatory to women in terms of implementation or impact and, in that regard, to prepare a compendium of best practices;

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To undertake a study, in cooperation with and reflecting the views of States and relevant United Nations entities, national human rights institutions and civil society organisations, on the ways and means in which the working group can cooperate with States to fulfil their commitments to eliminate discrimination against women in law and in practice;

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To make recommendations on the improvement of legislation and the implementation of the law, to contribute to the realisation of the Millennium Development Goals, in particular goal 3 on the promotion of gender equality and the empowerment of women; To work in close coordination, in the context of the fulfilment of its mandate, with other special procedures and subsidiary organs of the Council, relevant United Nations entities, including the Commission on the Status of Women and UN Women and, in particular, the Committee on the Elimination of Discrimination against Women and other treaty bodies, within their respective mandates, with a view to avoiding unnecessary duplication; To take into account the views of other stakeholders, including relevant regional human rights mechanisms, national human rights institutions and civil society organisations; To submit an annual report to the Council, starting at its twentieth session, on the issue of discrimination against women in law and in practice, and on good practices in eliminating such discrimination, drawing upon the findings of the United Nations human rights machinery and the broader United Nations system.

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e.g. Special Rapporteur on the Rights of Indigenous Peoples Mandate established in 2001 SR = Ms. Victoria Tauli Corpuz In the fulfilment of the mandate, the SR; • Promotes good practices, including new laws, government programs, and constructive agreements between indigenous peoples and states, to implement international standards concerning the rights of indigenous peoples (See!Promotion of good practices); • Reports on the overall human rights situations of indigenous peoples in selected countries (See!Country reports); • Addresses specific cases of alleged violations of the rights of indigenous peoples through communications with Governments and others (See!Communications); • Conducts or contributes to thematic studies on topics of special importance regarding the promotion and protection of the rights of indigenous peoples (See!Thematic studies)....