WEEK 2 – COURTS, OVERSIGHT, MECHANISMS AND SPECIAL MANDATES
Human Rights Council (HRC)
- subsidiary organ of the GA: can bring urgent matters to its attention
o criticism: biased towards some countries
o US not currently a member
- UPR
- Special Procedures
- Complaints Procedure (so-called 1503 procedure) Res 1973
o deals with patterns of gross violations of human rights rather than
individual cases serious systematic and ongoing HR violations within a
particular country
eg. mistreatment of prisoners
o complaints goes through OHCHR the Working Group on Communications
Working Group on Situations
o can result in the adoption of a resolution from the HRC setting out
recommendations for action not legally binding, but diplomatic force
- Commissions of Inquiry
o explosion of these within the UN (other organs can also do it)
o generally 3 experts, start with investigation into violations of HR and IHRL
- Human Rights Council Advisory Committee
o effectively a think tank significant and important role today
o consists of 18 elected experts
o provide research and advice on issues requested by the HRC
o mainly focuses on studies and research-based advice: documentation,
witnesses, on-site investigations
o does not adopt resolutions/decisions
Universal Periodic Review (UPR)
- focus of the HRC in regards to human rights
- all UN Member States reviewed every four-and-a-half years
o 42 states reviewed every year, during three two-week sessions
o troika of states undertake each review so not all members do it (random
selection)
- will take into account all the HR treaties that the state has obligations under
- UPR proceeds on the basis of three documents:
, 1. National Report: information provided by the State under review
2. Compilation of UN Information (prepared by the OHCHR): information
contained in the reports of independent human rights experts and groups
3. Summary of Stakeholders’ Information (prepared by the OHCHR): information
from other stakeholders including national human rights institutions and non-
governmental organizations
- role of the UPR Working Group
o States can accept or note the recommendations of the Working Group
- over 56,000 recommendations made over the first two cycles
- seen as complementary to Treaty body procedures
- non-confrontational: peer-review of persistent HR issues
o does seem to be effective in bringing about hr reforms domestically
o what if states are chosen to review that are in conflict with each other?
- some studies suggest that roughly half of recommendations have generated action
special procedures of the HRC
- central to the work of the Human Rights Council: powers derived from GA Res 60/251
- consist of pro bono independent experts who work either individually or as members
of a five-member working group
o can be assigned to a country-specific situation or to thematic issues of
concern to all states
- https://www.ohchr.org/en/special-procedures-human-rights-council
- there are currently 46 thematic mandates and 14 country-specific mandates
- mandate holders benefit ”from such diplomatic privileges and immunities as are
required for the discharge of their duties”
- generally: standing invitations from UN members
o certain states say that they do not agree/consent (objection)
o not binding rule
- Communications can examine individual complaints, can result in “letters of
allegation”, or “urgent appeals”
- develop authoritiative opinions and standards. Annual reports.
- can take collective positions:
https://www.ohchr.org/en/press-releases/2024/02/israels-alleged-undercover-killings-
occupied-west-bank-hospital-may-amount
treaty bodies: state reports
, - importance of stakeholder contributions
- many states face a backlog in reporting, particularly if they are states parties to all of
the core instruments
- chronic failure to report can result in a “review procedure” whereby the treaty body
will consider the state’s implementation efforts in the absence of a specific report
- https://www.ohchr.org/Documents/HRBodies/TB/TB_booklet_en.pdf
treaty bodies: inquiries
- CAT, CEDAW, CESCR, CRPD and CRC have the power to launch a state inquiry if
they receive:
o reliable, well-founded indications of serious, grave, or systematic violations of
the respective conventions by the state party
- the state must have previously recognized the competence of the relevant committee
to conduct such an inquiry
Human Rights Council (HRC)
- subsidiary organ of the GA: can bring urgent matters to its attention
o criticism: biased towards some countries
o US not currently a member
- UPR
- Special Procedures
- Complaints Procedure (so-called 1503 procedure) Res 1973
o deals with patterns of gross violations of human rights rather than
individual cases serious systematic and ongoing HR violations within a
particular country
eg. mistreatment of prisoners
o complaints goes through OHCHR the Working Group on Communications
Working Group on Situations
o can result in the adoption of a resolution from the HRC setting out
recommendations for action not legally binding, but diplomatic force
- Commissions of Inquiry
o explosion of these within the UN (other organs can also do it)
o generally 3 experts, start with investigation into violations of HR and IHRL
- Human Rights Council Advisory Committee
o effectively a think tank significant and important role today
o consists of 18 elected experts
o provide research and advice on issues requested by the HRC
o mainly focuses on studies and research-based advice: documentation,
witnesses, on-site investigations
o does not adopt resolutions/decisions
Universal Periodic Review (UPR)
- focus of the HRC in regards to human rights
- all UN Member States reviewed every four-and-a-half years
o 42 states reviewed every year, during three two-week sessions
o troika of states undertake each review so not all members do it (random
selection)
- will take into account all the HR treaties that the state has obligations under
- UPR proceeds on the basis of three documents:
, 1. National Report: information provided by the State under review
2. Compilation of UN Information (prepared by the OHCHR): information
contained in the reports of independent human rights experts and groups
3. Summary of Stakeholders’ Information (prepared by the OHCHR): information
from other stakeholders including national human rights institutions and non-
governmental organizations
- role of the UPR Working Group
o States can accept or note the recommendations of the Working Group
- over 56,000 recommendations made over the first two cycles
- seen as complementary to Treaty body procedures
- non-confrontational: peer-review of persistent HR issues
o does seem to be effective in bringing about hr reforms domestically
o what if states are chosen to review that are in conflict with each other?
- some studies suggest that roughly half of recommendations have generated action
special procedures of the HRC
- central to the work of the Human Rights Council: powers derived from GA Res 60/251
- consist of pro bono independent experts who work either individually or as members
of a five-member working group
o can be assigned to a country-specific situation or to thematic issues of
concern to all states
- https://www.ohchr.org/en/special-procedures-human-rights-council
- there are currently 46 thematic mandates and 14 country-specific mandates
- mandate holders benefit ”from such diplomatic privileges and immunities as are
required for the discharge of their duties”
- generally: standing invitations from UN members
o certain states say that they do not agree/consent (objection)
o not binding rule
- Communications can examine individual complaints, can result in “letters of
allegation”, or “urgent appeals”
- develop authoritiative opinions and standards. Annual reports.
- can take collective positions:
https://www.ohchr.org/en/press-releases/2024/02/israels-alleged-undercover-killings-
occupied-west-bank-hospital-may-amount
treaty bodies: state reports
, - importance of stakeholder contributions
- many states face a backlog in reporting, particularly if they are states parties to all of
the core instruments
- chronic failure to report can result in a “review procedure” whereby the treaty body
will consider the state’s implementation efforts in the absence of a specific report
- https://www.ohchr.org/Documents/HRBodies/TB/TB_booklet_en.pdf
treaty bodies: inquiries
- CAT, CEDAW, CESCR, CRPD and CRC have the power to launch a state inquiry if
they receive:
o reliable, well-founded indications of serious, grave, or systematic violations of
the respective conventions by the state party
- the state must have previously recognized the competence of the relevant committee
to conduct such an inquiry
