Transcript Homeless Persons’ Legal Clinic Induction Training

Working with the UN Human
Rights Council and Special
Procedures
Phil Lynch
Director
Human Rights Law Resource Centre Ltd
[email protected]
+ 61 3 9225 6653
www.hrlrc.org.au
Overview of the UN
Human Rights Council
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Established in March 2006 by UN General Assembly to
replace UN Human Rights Commission
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Comprises 47 member states, elected by GA
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‘Gross violators’ can be removed by 2/3 majority of GA
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Aims to promote, coordinate, monitor and mainstream
human rights internationally and within the UN system
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Primary modalities:
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Universal Periodic Review (UPR)
Special Procedures
Universal Periodic Review
Periodic review of states’ ‘fulfilment of human
rights obligations and commitments’, based on:
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an ‘interactive dialogue’
‘objective and reliable information’ from
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the state concerned
the OHCHR
other ‘relevant stakeholders’, including NGOs,
NHRIs
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Australia due in 2011
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For further information, see:
http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRmain.aspx
What is a ‘Special
Procedure’?
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Independent expert/s entrusted with mandate to
examine, monitor, research, report and advise on
human rights issues
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Generally appointed by and report to:
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UN Human Rights Council; or
UN Secretary General
Also called ‘Special Rapporteurs’, ‘Independent
Experts’, ‘Special Representatives’ and ‘Working
Groups’
Mandates of Special
Procedures
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Country Mandates (9)
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Thematic Mandates (29)
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8 on civil and political rights (torture, summary executions,
freedom of expression, freedom of religion, independence of
judges and lawyers, racism, counter-terrorism, human rights
defenders)
8 on economic, social and cultural rights (food, health,
education, housing, toxic wastes, poverty, economic reform and
debt)
9 focusing on specific groups (migrants, internally displaced
persons, women, children, minorities, indigenous, migrants,
trafficking, slavery)
4 working groups (arbitrary detention, enforced and involuntary
disappearances, mercenaries and African descent)
Functions of Special
Procedures
Five key responsibilities:
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Urgent appeals
Country visits
Follow-up
Normative work
Annual reports
Urgent Appeals
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Upon receiving credible information of human
rights violation within scope of mandate, SP may
send ‘Urgent Appeal’ to relevant Government
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May relate to individual or systemic violation
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May relate to past or prospective violation
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In general, urgent appeals:
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request investigation, action and remedy by govt;
are confidential between SP and govt;
are reported to UN HRC, GA or Sec-Gen as appropriate;
and
are included in Annual Report.
Submitting an Urgent Appeal
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May be made by victim/s, lawyers and NGOs
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Send request for action to SP via UN OHCHR
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[email protected]
Request should contain:
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Details of author (this is maintained confidential in subsequent
communication);
Details of alleged victim/s;
Date, place and detailed description of violation;
Details of alleged perpetrator;
Details of any steps taken to investigate or remedy violation; and
Clear linkage between human rights issue and mandate of SP
Model request forms available
http://www2.ohchr.org/english/bodies/chr/special/questionnaires.ht
m
Urgent Appeals v. Treaty Body
Communications
Advantages:
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Timely and expeditious
Can be used preventatively
No need to ‘exhaust domestic remedies’
Complaint may be brought against any country on any issue
within mandate (regardless of treaty ratification)
Complaint need not be made by victim (although credibility of
information is important)
Disadvantages:
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No relevant thematic mandate
Confidential between SP and govt
Author may not be informed of outcome
Govt may simply ignore urgent appeal or refuse request for
country visit
Generally make observations, not ‘legal’ recommendations
Case Study: Conditions of
Detention of ‘Terror’ Suspects
Overview of conditions of detention
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Confinement in cells
Access to lawyers
Shackling and restraints
Visitations
Religious observance and diet
Physical and mental health
Period of detention
Used in conjunction with domestic mechanisms
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Evidence in domestic bail and stay proceedings
Political awareness and accountability
Case Study: Conditions of
Detention of ‘Terror’ Suspects (2)
Joint complaint to:
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WG on Arbitrary Detention re proportionality of detention
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Adopted ‘Opinion’ expressing 4 significant concerns
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Severity of conditions
Scanning of legal correspondence
Lack of consideration of individual circumstances
Constraints on judicial discretion regarding bail
SR on Freedom of Religion re restrictions on religious
observance
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Reported in Annual Report
SR on Independence of Lawyers re facilities and resources
to prepare defence
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Reported in Annual Report
Country Visits
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SPs may request permission to visit a country where
concerned about particular violations or
implementation failures
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Australia has not issued a ‘standing invitation’
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Meet with and obtain information from governments,
NGOs and community
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Aim to engage in positive dialogue and make
observations and recommendations
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Reports submitted to UN HRC and GA and Sec-Gen
Using Country Visits
Utility of country visits:
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Create momentum and opportunity for change
Visibility on a thematic area
Opportunity to voice concerns in international fora
Report can be a tool to advocate for change
Obtaining a country visit:
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Make requests to SPs in thematic areas of interest to
your work
Motivate requests in terms of desirability and
timeliness of mission
Using Country Visits (2)
Preparation
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Advise on WHERE to go, WHO to meet and WHAT
to address
Suggest recommendations that would be useful for
you and your communities
Follow up
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Disseminate the report
Monitor and report on implementation (lack of)
Case Study: Homelessness
and SRAH Visit to Australia
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Context – 100,00 homeless, economic prosperity,
threatened funding cuts
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Urgent action letter submitted March 2005
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Letter of allegation and request for country visit
SAAP funding cuts withdrawn
SRAH invited to visit
Country visit August 2006 – Role of NGOs
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Jointly contributed to itinerary and facilitation of meetings
Informed interim report issued in August 2006
Provided detailed NGO information in November 2006
SRAH reported to UN HRC in June 2007 and NGOs made oral
submissions
Used to engage media and in policy and advocacy work
Follow Up
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Many SPs hold dialogues with governments to
follow-up on actions, recommendations or
observations arising from urgent appeals and
country visits
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SPs may also be used by civil society to ‘follow
up’ on implementation of treaty body
recommendations
Normative Work
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Many SPs attempt to develop norms and
standards and further develop
jurisprudence in thematic area
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Excellent source of information about
source and substantive content of
relevant rights
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relevant in Vic under s 32(2) of Charter
Annual Reports
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All SPs report annually to UN HRC and some
also report to GA and Sec-Gen
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Reports contain:
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details of urgent appeals and government responses
reports on country visits
observations on normative content of right
Some SPs also prepare thematic reports
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UN SRAH Report on Women and Adequate Housing
Further Information
Office of the High Commissioner for Human Rights
web page
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http://www2.ohchr.org/english/bodies/chr/special/inde
x.htm
OHCHR Fact Sheet No 27 on Special Procedures
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http://www2.ohchr.org/english/about/publications/doc
s/factsheet27.pdf