Special Procedures assumed by the Human Rights Council

NEW: Manual of the United Nations Human Rights Special Procedures
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NEW: Report of the 13th Annual Meeting of Special Procedures,
19-23 June 2006 (advanced unedited version)

“Special procedures” is the general name given to the mechanisms established by the Commission on Human Rights to address either specific country situations or thematic issues in all parts of the world. Currently, there are 28 thematic and 13 country mandates in place. The Office of the High Commissioner for Human Rights provides these mechanisms with personnel and logistical assistance to aid them in the discharge of their mandates.

Although the mandates given to special procedure mechanisms vary, they usually are to examine, monitor, advise, and publicly report on human rights situations in specific countries or territories, known as country mandates, or on major phenomena of human rights violations worldwide, known as thematic mandates. Various activities can be undertaken by special procedures, including responding to individual complaints, conducting studies, providing advice on technical cooperation, and engaging in general promotional activities.

Special procedures are either an individual (called “Special Rapporteur”, “Special Representative of the Secretary-General”, “Representative of the Secretary-General”, “Representative of the Commission on Human Rights” or “Independent Expert”) or a working group usually composed of five members. The mandates of the special procedures are established and defined by the resolution creating them. Mandate-holders of the special procedures serve in their personal capacity, and do not receive salaries or any other financial retribution for their work. The independent status of the mandate-holders is crucial in order to be able to fulfill their functions in all impartiality. (See Fact sheet N.27)

Amongst their activities, most Special Procedures receive information on specific allegations of human rights violation and send urgent appeals or letters of allegation to governments asking for clarification. For instance, in 2005, more than a thousand communications were sent to governments.

Mandate holders also carry out country visits at the request of the relevant special procedure, at the invitation of the country concerned or on the basis of a "standing invitation". As of July 2006, 55 countries had extended standing invitations to the special procedures. After their visits, special procedures’ mandate-holders issue a mission report including their findings and recommendations.

UN General Assembly resolution 60/251 (15 March 2006) establishing the Human Rights Council requires the Council to “ assume, review and, where necessary, improve and rationalize all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights in order to maintain a system of special procedures, expert advice and a complaint procedure; the Council shall complete this review within one year after the holding of its first session”.

During its first session held 19-30 June 2006, the Human Rights Council decided to extend exceptionally for one year, subject to the review to be undertaken by the Council, the mandates and the mandate-holders of all the Commission’s special procedures (A/HRC/1/L.6). In addition, it has been decided to establish an open-ended intergovernmental working group to formulate concrete recommendations on the issue of reviewing and, where necessary, improving and rationalizing all mandates, mechanisms, functions and responsibilities in order to maintain a system of special procedures, expert advice and a complaint procedure, in conformity with General Assembly resolution 60/251, through open-ended, intersessional, transparent, well scheduled and inclusive consultations, with the participation of all stakeholders (A/HRC/1/L.14).