Transcript The procedure

Complaint procedures
within the UN human
rights system
A Quick Guide
by the International Service for
Human Rights
Complaint procedures within the
UN human rights system

Human Rights Council: the 1503 procedure

Special Procedures of the Human Rights
Council

Treaty monitoring bodies

Commission on the Status of Women
Human Rights Council:
the 1503 procedure
The 1503 Procedure
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Economic and Social Council (ECOSOC) resolution 1503 (1970);
It is the oldest human rights complaint mechanism in the United
Nations system.
This is a confidential procedure that enables individuals, groups
and NGOs to inform the UN of any human rights situation that may
reveal:
A consistent pattern of gross and reliably attested violations of
human rights and fundamental freedoms.


This is not a procedure for dealing with individual complaints, and
complaints do not have to be submitted by the victims themselves.
This procedure has universal applicability – the State concerned
does not have to have ratified the human rights treaties. It refers to
common standards for all states (UDHR).
Criteria of Admissibility

The test for admissibility: reasonable grounds to believe that a
consistent pattern of gross violations exists.

The contents of the communication must not be inconsistent with the
principles of the UN Charter, the UDHR and other HHRR instruments.

Anonymous communications or those based on media stories are not
accepted.

Communications must describe the facts, the purpose of the petition
and the rights that have been violated.

Communications must not contain insulting language against the
state.

Domestic remedies must have been exhausted before a
communication is considered. (Unless ineffective or unreasonable long).
Submitting a complaint
Individuals, groups or NGOs who claim to be victims of, or who
have direct knowledge of violations may submit a communication
under the 1503 Procedure.
What material should be included in it?
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The relevant facts in as much detail as possible, providing
names of alleged victims, dates, locations and other evidence.
A group or series of cases. The procedure mainly examines
patterns of violations rather than individual violations.
Specific evidence. It is not sufficient to rely on mass media
reports.
Outline standards allegedly violated.
How does the 1503 Procedure
work?
Initial Screening
WG on Communications
WG on Situations
Commission on Human Rights
1. Initial Screening
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The complaint is initially examined by the secretariat;
Dismissal is manifestly ill-founded;
The complainant will be informed if their complaint passes initial
screening;
The communication is sent to the government concerned for
comments and passed for consideration to the Sub-Commission
Working Group on Communications;
After that point, you will not be informed of any further progress of
the complaint, nor will you receive information about the
government response.
The fact that a communication is being transmitted to the State
and acknowledged to the complainant does not imply any
judgment on the admissibility or merits of the communication.
2. The Working Group on
Communications

The Sub-Commission on the Promotion and
Protection of Human Rights designates a Working
Group every year from among its members.

It meets annually immediately after the SubCommission
(usually
August)
to
examine
communications received from individuals and
groups alleging violations and any government
responses.
The procedure
The procedure of the Working Group:
•
•
•
is confidential.
is conducted on the basis of written material only, neither
party appears before it.
where the Working Group finds reasonable evidence of a
consistent pattern of violations, the matter is referred to the
Working Group on Situations.
Most complaints fail to proceed past this point. Governments are
informed of the decisions of the Working Group but you are not.
3. The Working Group on
Situations
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The Working Group on Situations meets one month prior to the
Commission on Human Rights (February).
it examines the situations forwarded to it by the WG on
Communications and decide whether or not to refer any of these
situations to the Commission.
Possible outcome:
1.
2.
3.
The WG forwards a situation to the Commission with
specific recommendations for action;
It may decide to keep a situation pending before it;
It decides to close the file.
The proceedings are confidential. The decision is only
communicated to Governments, not complainants.
4. The Commission on Human
Rights

The Commission on Human Rights (CHR) meets in March and
examines communications forwarded by the WG on Situations.

The government concerned is invited to answer questions.
The CHR may recommend one of the following actions:
1.
2.
3.
4.
Discontinue the case with no further monitoring;
Keep the situation under review;
Keep the situation under review and appoint an expert to
collect more information and report back to the Commission;
Discontinue the case and place it under a public procedure
(1235);
The chair of the CHR makes a public statement listing the States under
consideration and the States that are no longer subject to scrutiny.
Confidentiality

You must state your name in the complaint, but you can
request that it be supressed if the complaint is forwarded to
the Government concerned.

All material provided by individuals and Governments, as
well as the decisions taken at the various stages of the
procedure, remain confidential and are not made public.

This also applies to situations that have been discontinued,
unless the Economic and Social Council or the government
concerned want the dossier to be made public.

However, you can disclose the fact that you have submitted
a complaint under the 1503 Procedure.
How does the 1503 Procedure
work?
Initial Screening
Manifestly Ill-founded: END
WG on Communications
No reasonable evidence: END
END
WG on Situations
Under review
Commission on Human Rights
END
Under review
Independent expert
1235
A case study: Saudi Arabia
In 1996 Amnesty International (AI) submitted a
communication about violations in Saudi Arabia. The content
of the communication indicated that gross and systematic
violations took place in the country.
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The communication alleged that many people are detained
indefinitely on political grounds, that torture in the form of
amputations and floggings continue to be carried out and
people continue to be executed without a fair trial.

The Sub-Commission forwarded the communication to the
Commission who invited the Saudi government to respond.

The government responded with a 17 page report. It alleged
that AI’s figures were inaccurate and that the report was
exaggerated, inaccurate and extreme.
Case study (cont’d)
In 1998, the UN Commission met in a private session under
the 1503 procedure to decide the case. The 2 reports were
the main document for the consideration of the case.
The Saudi representative indicated the Government’s faith in
human rights and its confidence in the UN mechanisms. It
also indicated that the government was considering
contributing more funds to the UN Fund for the Victims of
Torture and that it had tried to improve the judicial system.
A succession of speakers from different countries welcomed the
governments cooperation and recommended that the 1503
examination of the situation in Saudi Arabia be discontinued.
The Commission discontinued the case without providing
reasons or details of the debate.
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Disadvantages of the 1503
Procedure
•
You will not be informed of the decisions taken at
the various stages of the process, or the reason for
them.
•
You will not be informed of the relevant
Government’s responses to your complaint.
•
There is no provision for urgent measures of
protection.
•
It is a very political procedure. It was designed to
ensure that governments would not lightly be
accused of violations.
Advantages of the 1503
Procedure
•
No need to check a country’s ratifications of human rights
treaties.
•
Enables to pay attention to situations that otherwise would be
ignored.
•
Once you have submitted a complaint, you do not have to
respond again at a later point with further information – the
initial complaint is sufficient.
•
Your complaint can reach the highest level of the United
Nations human rights machinery, the Commission on Human
Rights. It may thus result in very significant pressure being
brought to bear upon a State to change laws, policies or
practices that infringe internationally guaranteed human
rights.
Where to send Communications?
o
Communications should be sent to:
Treaties and Commission Branch
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10, Switzerland
Fax:
(41 22) 9179011
Email: [email protected]
Special Procedures
of the Human Rights Council
Complaints to Special Procedures

SPs can respond to information received from NGOs,
individuals and others about human rights violations;

The SP contact the government concerned requesting
clarifications and action (protection, investigation)
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Governments are requested to communicate the
results of investigations and actions taken.
Complaints to Special Procedures

Not a judicial procedure, but a tool to seek clarification
and action on alleged violations;

Confidential until the publication of the annual report to the
Commission;
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Potentially powerful tool:
- highlight pattern of violations in country;
- draw attention of international community;
- trigger response from national authorities;
- offer protection to individuals.
Individual communications
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Sources of information: State authorities, NGOs, UN
agencies,
the media, individual HRDs, etc.

What does the SR do when information is received?
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Determines if it falls within the mandate;
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Try to determine the credibility of the source and the
probable validity of the allegation;
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Contact the government concerned through “urgent action”
or “allegation” letters.
Individual communications
A) “Urgent action” letters
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Used to communicate to the government information about a
violation that is allegedly ongoing or about to occur.
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Objective: to ensure that State authorities are informed quickly
so that they can intervene to end or prevent the violation.
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Examples: arbitrary detention, death threats.
Individual communications
B) “Allegation” letters
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Used to communicate information about a violation that has
already occurred and whose effects can no longer be
changed.
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Objective: to ensure that the authorities are informed and take
action to investigate and prosecute those responsible for the
violation.
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Example: killing, police brutality.
Individual communications
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The SP can send joint letters with other mandate holders
whose mandate is involved in that particular case.

How much time does the process take?
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In most serious and urgent cases, contact with the State authorities
may be made within a few hours from the receipt of information.
If insufficient information is sent to the SR, the process may take up to
several days.
Confidentiality:
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The identify of the author is kept confidential;
The identity of the victim is revealed to the State authorities;
Communications sent to governments are kept confidential until the
annual report of the SR to the CHR is published.
How to submit a case to the Special
Procedures

Essential information:
1) Identification of the author of the complaint (person or
organisation);
2) Identification of the victims(s);
3) Detailed description of the violation, including date and
place;
4) Identification of the perpetrator(s);
5) Action taken by the authorities, if any;
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NO exhaustion of domestic remedies.
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NO ratification of any treaty by the State.
How to submit a case to the Special
Procedures
Contact details to send communications:
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10, Switzerland
Fax:
(41 22) 9179006
Email: [email protected]
Further information:
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OHCHR Fact Sheet No. 7 and 27;
OHCHR website (www.ohchr.org).
Treaty monitoring bodies
Individual Complaints to Treaty
Bodies
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Admissible under HRC, CERD, CAT, CEDAW (and CMW);

Competence of the committee to receive individual complaints:
–
Provided for by an optional protocol: ICCPR and CEDAW;
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–
Provided by the treaty: CERD, CAT, CMW

•
To file a complaint it is necessary that the State concerned has ratified it.
The procedure is optional. States need to make a declaration recognizing
the competence of the committee.
With regard to CMW, the 10 declarations required for the procedure to
become operative have not yet been made. Thus, the procedure is not yet
operative.
Individual Complaints to Treaty
Bodies
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General admissibility criteria:
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Individual, or group, victim of a violation, or acting on behalf of a victim;
No valid reservations or derogations have been made;
Domestic remedies have been exhausted, unless unreasonably prolonged or
unlikely to bring effective relief;
The communication is not anonymous, although it is possible to request that
the victim’s identity is not passed on to the relevant state party;
The complaint must not be abusive or incompatible with treaty provisions;
The same matter is not currently being adjudicated by another international
body;
Further conditions:
–
–
Under CERD and CAT: time-limit;
Under CAT and CEDAW: case inadmissible if already decided by another
international body (not only if pending) as well as if it appears manifestly illfounded.
Individual Complaints to Treaty
Bodies
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Interim measures may be adopted in case of urgency;
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Request of information and State replies;
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Burden of proof: no general rule; decisions are based on the
strength and substantiation of allegations;
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Decision: the committee wil adopt non-binding views
including recommendations for future actions by the state
party;
–
Measures beyond a victim-specific remedy may also be
recommended to avoid recurrence of the violation; for
example, amendments to legislation.
Individual Complaints to Treaty
Bodies

Follow-up: request to submit info on implementation within 3/6
months;
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Confidentiality/publicity: although the process is confidential, the
committees’ views are published the annual report to the GA.
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Choose the best forum:
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–
–
–
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Admissibility requirements (time limit);
Previous case law on similar cases;
Interpretation given in general comments;
Backlog in the examination;
Expertise of the committee (multiple violations).
Individual Complaints to Treaty
Bodies

The complaint does not need to take any particular form, although a model
is available at OHCHR website;
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What information should the complaint include?
–
–
–
–
–
–
–
–
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Treaty body to which the complaint is addressed;
Personal information (complainant, victim) and State party concerned;
All facts on which the complaint is based, as complete as possible;
Steps taken to exhaust domestic remedies;
Whether the case is pending before another international body;
Where the violation took place, and what provision has been violated;
All useful/necessary supporting documents (e.g. domestic decisions on the
case, copies of national legislation, etc.);
Providing translation in the Secretariat’s working languages (EN, FR, ES, RU,
CH) will speed up the process;
Impact of the Views beyond the individual case:
–
Example of HRC Toonen case.
Belarus and TB complaint
procedures
Belarus
HRC
(OP)
CERD
CAT
CEDAW
(OP)
CMW
1992
1969
1987
2004
/
34
/
/
(as of Aug
2006):
21 pre-adm.
0 adm.
3 discont.
10 violat.
/
Comparison and choice
1503
-Political
-Systematic
Special Procedures
-Dialogue
and gross
-Individual
Treaty bodies
-Quasi
violations
judicial
-Individual
violations
violations
-Admissibility
-Confidential
criteria
at all stages
-NO
admissibility criteria
-Confidential
until annual report
-Admissibility
-Confidential
-NO
ratification
-NO
ratification
-Ratification
-NO
acceptance
-NO
acceptance
-Acceptance
-Very
long and uncertain
-Very
quick reaction
criteria
until decision
relevant treaty
individual
complaint procedure
-Long
process