sexta-feira, 31 de outubro de 2008

Nota de Rodapé nº 18

A/RES/41/128
4 December 1986
97th plenary meeting
41/128. Declaration on the Right to Development
The General Assembly,
Having considered the question of the right to development,
Decides to adopt the Declaration on the Right to Development, the text ofwhich is annexed to the present resolution.
ANNEX
Declaration on the Right to Development
The General Assembly,
Bearing in mind the purposes and principles of the Charter of the UnitedNations relating to the achievement of international co-operation in solvinginternational problems of an economic, social, cultural or humanitariannature, and in promoting and encouraging respect for human rights andfundamental freedoms for all without distinction as to race, sex, language orreligion, Recognizing that development is a comprehensive economic, social,cultural and political process, which aims at the constant improvement of thewell-being of the entire population and of all individuals on the basis oftheir active, free and meaningful participation in development and in the fairdistribution of benefits resulting therefrom,
Considering that under the provisions of the Universal Declaration ofHuman Rights everyone is entitled to a social and international order in whichthe rights and freedoms set forth in that Declaration can be fully realized,
Recalling the provisions of the International Covenant on Economic,Social and Cultural Rights and of the International Covenant on Civil andPolitical Rights,
Recalling further the relevant agreements, conventions, resolutions,recommendations and other instruments of the United Nations and itsspecialized agencies concerning the integral development of the human being,economic and social progress and development of all peoples, including thoseinstruments concerning decolonization, the prevention of discrimination,respect for and observance of, human rights and fundamental freedoms, themaintenance of international peace and security and the further promotion offriendly relations and co-operation among States in accordance with the Charter,
Recalling the right of peoples to self-determination, by virtue of whichthey have the right freely to determine their political status and to pursuetheir economic, social and cultural development,
Recalling also the right of peoples to exercise, subject to the relevantprovisions of both International Covenants on Human Rights, full and completesovereignty over all their natural wealth and resources,
Mindful of the obligation of States under the Charter to promoteuniversal respect for and observance of human rights and fundamental freedomsfor all without distinction of any kind such as race, colour, sex, language,religion, political or other opinion, national or social origin, property,birth or other status,
Considering that the elimination of the massive and flagrant violationsof the human rights of the peoples and individuals affected by situations suchas those resulting from colonialism, neo-colonialism, apartheid, all forms ofracism and racial discrimination, foreign domination and occupation,aggression and threats against national sovereignty, national unity andterritorial integrity and threats of war would contribute to the establishmentof circumstances propitious to the development of a great part of mankind,
Concerned at the existence of serious obstacles to development, as wellas to the complete fulfilment of human beings and of peoples, constituted,inter alia, by the denial of civil, political, economic, social and culturalrights, and considering that all human rights and fundamental freedoms areindivisible and interdependent and that, in order to promote development,equal attention and urgent consideration should be given to theimplementation, promotion and protection of civil, political, economic, socialand cultural rights and that, accordingly, the promotion of, respect for andenjoyment of certain human rights and fundamental freedoms cannot justify thedenial of other human rights and fundamental freedoms,
Considering that international peace and security are essential elementsfor the realization of the right to development,
Reaffirming that there is a close relationship between disarmament anddevelopment and that progress in the field of disarmament would considerablypromote progress in the field of development and that resources releasedthrough disarmament measures should be devoted to the economic and socialdevelopment and well-being of all peoples and, in particular, those of thedeveloping countries,
Recognizing that the human person is the central subject of thedevelopment process and that development policy should therefore make thehuman being the main participant and beneficiary of development,
Recognizing that the creation of conditions favourable to the developmentof peoples and individuals is the primary responsibility of their States,
Aware that efforts at the international level to promote and protecthuman rights should be accompanied by efforts to establish a new internationaleconomic order,
Confirming that the right to development is an inalienable human rightand that equality of opportunity for development is a prerogative both ofnations and of individuals who make up nations, Proclaims the following Declaration on the Right to Development:
Article 1
1. The right to development is an inalienable human right by virtue ofwhich every human person and all peoples are entitled to participate in,contribute to, and enjoy economic, social, cultural and political development,in which all human rights and fundamental freedoms can be fully realized.
2. The human right to development also implies the full realization ofthe right of peoples to self-determination, which includes, subject to therelevant provisions of both International Covenants on Human Rights, the exercise of their inalienable right to full sovereignty over all their naturalwealth and resources.
Article 2
1. The human person is the central subject of development and should bethe active participant and beneficiary of the right to development.
2. All human beings have a responsibility for development, individuallyand collectively, taking into account the need for full respect for theirhuman rights and fundamental freedoms as well as their duties to thecommunity, which alone can ensure the free and complete fulfilment of thehuman being, and they should therefore promote and protect an appropriatepolitical, social and economic order for development.
3. States have the right and the duty to formulate appropriate nationaldevelopment policies that aim at the constant improvement of the well-being ofthe entire population and of all individuals, on the basis of their active,free and meaningful participation in development and in the fair distributionof the benefits resulting therefrom.
Article 3
1. States have the primary responsibility for the creation of nationaland international conditions favourable to the realization of the right todevelopment.
2. The realization of the right to development requires full respectfor the principles of international law concerning friendly relations andco-operation among States in accordance with the Charter of the UnitedNations.
3. States have the duty to co-operate with each other in ensuringdevelopment and eliminating obstacles to development. States should realizetheir rights and fulfil their duties in such a manner as to promote a newinternational economic order based on sovereign equality, interdependence,mutual interest and co-operation among all States, as well as to encourage theobservance and realization of human rights.
Article 4
1. States have the duty to take steps, individually and collectively,to formulate international development policies with a view to facilitatingthe full realization of the right to development. 2. Sustained action is required to promote more rapid development ofdeveloping countries. As a complement to the efforts of developing countries,effective international co-operation is essential in providing these countrieswith appropriate means and facilities to foster their comprehensivedevelopment.
Article 5
States shall take resolute steps to eliminate the massive and flagrantviolations of the human rights of peoples and human beings affected bysituations such as those resulting from apartheid, all forms of racism andracial discrimination, colonialism, foreign domination and occupation,aggression, foreign interference and threats against national sovereignty,national unity and territorial integrity, threats of war and refusal torecognize the fundamental right of peoples to self-determination.
Article 6
1. All States should co-operate with a view to promoting, encouragingand strengthening universal respect for and observance of all human rights andfundamental freedoms for all without any distinction as to race, sex, languageor religion. 2. All human rights and fundamental freedoms are indivisible andinterdependent; equal attention and urgent consideration should be given tothe implementation, promotion and protection of civil, political, economic,social and cultural rights.
3. States should take steps to eliminate obstacles to developmentresulting from failure to observe civil and political rights, as well aseconomic, social and cultural rights.
Article 7
All States should promote the establishment, maintenance andstrengthening of international peace and security and, to that end, should dotheir utmost to achieve general and complete disarmament under effectiveinternational control, as well as to ensure that the resources released byeffective disarmament measures are used for comprehensive development, inparticular that of the developing countries.
Article 8
1. States should undertake, at the national level, all necessarymeasures for the realization of the right to development and shall ensure,inter alia, equality of opportunity for all in their access to basicresources, education, health services, food, housing, employment and the fairdistribution of income. Effective measures should be undertaken to ensurethat women have an active role in the development process. Appropriateeconomic and social reforms should be carried out with a view to eradicatingall social injustices.
2. States should encourage popular participation in all spheres as animportant factor in development and in the full realization of all humanrights.
Article 9
1. All the aspects of the right to development set forth in the presentDeclaration are indivisible and interdependent and each of them should beconsidered in the context of the whole.
2. Nothing in the present Declaration shall be construed as beingcontrary to the purposes and principles of the United Nations, or as implyingthat any State, group or person has a right to engage in any activity or toperform any act aimed at the violation of the rights set forth in theUniversal Declaration of Human Rights and in the International Covenants onHuman Rights.
Article 10 Steps should be taken to ensure the full exercise and progressiveenhancement
of the right to development, including the formulation, adoptionand implementation of policy, legislative and other measures at the nationaland international levels.

Nota de Rodapé 13

Human Rights Council
5/1. Institution-building of the United Nations Human Rights Council
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the United Nations General Assembly in resolution 60/251 of 15 March 2006,
Having considered the draft text on institution-building submitted by the President of the Council,
1. Adopts the draft text entitled “United Nations Human Rights Council: Institution‑Building”, as contained in the annex to the present resolution, including its appendix(ces);
2. Decides to submit the following draft resolution to the General Assembly for its adoption as a matter of priority in order to facilitate the timely implementation of the text contained thereafter:
“The General Assembly,
“Taking note of Human Rights Council resolution 5/1 of 18 June 2007,
“1. Welcomes the text entitled ‘United Nations Human Rights Council: Institution‑Building’, as contained in the annex to the present resolution, including its appendix(ces).”
9th meeting18 June 2007
[Resolution adopted without a vote.][1]
Annex
united nations human rights council: institution-building
I. UNIVERSAL PERIODIC REVIEW MECHANISM
A. Basis of the review
1. The basis of the review is:
(a) The Charter of the United Nations;
(b) The Universal Declaration of Human Rights;
(c) Human rights instruments to which a State is party;
(d) Voluntary pledges and commitments made by States, including those undertaken when presenting their candidatures for election to the Human Rights Council (hereinafter “the Council”).
2. In addition to the above and given the complementary and mutually interrelated nature of international human rights law and international humanitarian law, the review shall take into account applicable international humanitarian law.
B. Principles and objectives
1. Principles
3. The universal periodic review should:
(a) Promote the universality, interdependence, indivisibility and interrelatedness of all human rights;
(b) Be a cooperative mechanism based on objective and reliable information and on interactive dialogue;
(c) Ensure universal coverage and equal treatment of all States;
(d) Be an intergovernmental process, United Nations Member-driven and action‑oriented;
(e) Fully involve the country under review;
(f) Complement and not duplicate other human rights mechanisms, thus representing an added value;
(g) Be conducted in an objective, transparent, non-selective, constructive, non‑confrontational and non‑politicized manner;
(h) Not be overly burdensome to the concerned State or to the agenda of the Council;
(i) Not be overly long; it should be realistic and not absorb a disproportionate amount of time, human and financial resources;
(j) Not diminish the Council’s capacity to respond to urgent human rights situations;
(k) Fully integrate a gender perspective;
(l) Without prejudice to the obligations contained in the elements provided for in the basis of review, take into account the level of development and specificities of countries;
(m) Ensure the participation of all relevant stakeholders, including non-governmental organizations and national human rights institutions, in accordance with General Assembly resolution 60/251 of 15 March 2006 and Economic and Social Council resolution 1996/31 of 25 July 1996, as well as any decisions that the Council may take in this regard.
2. Objectives
4. The objectives of the review are:
(a) The improvement of the human rights situation on the ground;
(b) The fulfilment of the State’s human rights obligations and commitments and assessment of positive developments and challenges faced by the State;
(c) The enhancement of the State’s capacity and of technical assistance, in consultation with, and with the consent of, the State concerned;
(d) The sharing of best practice among States and other stakeholders;
(e) Support for cooperation in the promotion and protection of human rights;
(f) The encouragement of full cooperation and engagement with the Council, other human rights bodies and the Office of the United Nations High Commissioner for Human Rights.
C. Periodicity and order of the review
5. The review begins after the adoption of the universal periodic review mechanism by the Council.
6. The order of review should reflect the principles of universality and equal treatment.
7. The order of the review should be established as soon as possible in order to allow States to prepare adequately.
8. All member States of the Council shall be reviewed during their term of membership.
9. The initial members of the Council, especially those elected for one or two-year terms, should be reviewed first.
10. A mix of member and observer States of the Council should be reviewed.
11. Equitable geographic distribution should be respected in the selection of countries for review.
12. The first member and observer States to be reviewed will be chosen by the drawing of lots from each Regional Group in such a way as to ensure full respect for equitable geographic distribution. Alphabetical order will then be applied beginning with those countries thus selected, unless other countries volunteer to be reviewed.
13. The period between review cycles should be reasonable so as to take into account the capacity of States to prepare for, and the capacity of other stakeholders to respond to, the requests arising from the review.
14. The periodicity of the review for the first cycle will be of four years. This will imply the consideration of 48 States per year during three sessions of the working group of two weeks each.a
D. Process and modalities of the review
1. Documentation
15. The documents on which the review would be based are:
(a) Information prepared by the State concerned, which can take the form of a national report, on the basis of general guidelines to be adopted by the Council at its sixth session (first session of the second cycle), and any other information considered relevant by the State concerned, which could be presented either orally or in writing, provided that the written presentation summarizing the information will not exceed 20 pages, to guarantee equal treatment to all States and not to overburden the mechanism. States are encouraged to prepare the information through a broad consultation process at the national level with all relevant stakeholders;
(b) Additionally a compilation prepared by the Office of the High Commissioner for Human Rights of the information contained in the reports of treaty bodies, special procedures, including observations and comments by the State concerned, and other relevant official United Nations documents, which shall not exceed 10 pages;
(c) Additional, credible and reliable information provided by other relevant stakeholders to the universal periodic review which should also be taken into consideration by the Council in the review. The Office of the High Commissioner for Human Rights will prepare a summary of such information which shall not exceed 10 pages.
16. The documents prepared by the Office of the High Commissioner for Human Rights should be elaborated following the structure of the general guidelines adopted by the Council regarding the information prepared by the State concerned.
17. Both the State’s written presentation and the summaries prepared by the Office of the High Commissioner for Human Rights shall be ready six weeks prior to the review by the working group to ensure the distribution of documents simultaneously in the six official languages of the United Nations, in accordance with General Assembly resolution 53/208 of 14 January 1999.
2. Modalities
18. The modalities of the review shall be as follows:
(a) The review will be conducted in one working group, chaired by the President of the Council and composed of the 47 member States of the Council. Each member State will decide on the composition of its delegation;b
(b) Observer States may participate in the review, including in the interactive dialogue;
(c) Other relevant stakeholders may attend the review in the Working Group;
(d) A group of three rapporteurs, selected by the drawing of lots among the members of the Council and from different Regional Groups (troika) will be formed to facilitate each review, including the preparation of the report of the working group. The Office of the High Commissioner for Human Rights will provide the necessary assistance and expertise to the rapporteurs.
19. The country concerned may request that one of the rapporteurs be from its own Regional Group and may also request the substitution of a rapporteur on only one occasion.
20. A rapporteur may request to be excused from participation in a specific review process.
21. Interactive dialogue between the country under review and the Council will take place in the working group. The rapporteurs may collate issues or questions to be transmitted to the State under review to facilitate its preparation and focus the interactive dialogue, while guaranteeing fairness and transparency.
22. The duration of the review will be three hours for each country in the working group. Additional time of up to one hour will be allocated for the consideration of the outcome by the plenary of the Council.
23. Half an hour will be allocated for the adoption of the report of each country under review in the working group.
24. A reasonable time frame should be allocated between the review and the adoption of the report of each State in the working group.
25. The final outcome will be adopted by the plenary of the Council.
E. Outcome of the review
1. Format of the outcome
26. The format of the outcome of the review will be a report consisting of a summary of the proceedings of the review process; conclusions and/or recommendations, and the voluntary commitments of the State concerned.
2. Content of the outcome
27. The universal periodic review is a cooperative mechanism. Its outcome may include, inter alia:
(a) An assessment undertaken in an objective and transparent manner of the human rights situation in the country under review, including positive developments and the challenges faced by the country;
(b) Sharing of best practices;
(c) An emphasis on enhancing cooperation for the promotion and protection of human rights;
(d) The provision of technical assistance and capacity-building in consultation with, and with the consent of, the country concerned;c
(e) Voluntary commitments and pledges made by the country under review.
3. Adoption of the outcome
28. The country under review should be fully involved in the outcome.
29. Before the adoption of the outcome by the plenary of the Council, the State concerned should be offered the opportunity to present replies to questions or issues that were not sufficiently addressed during the interactive dialogue.
30. The State concerned and the member States of the Council, as well as observer States, will be given the opportunity to express their views on the outcome of the review before the plenary takes action on it.
31. Other relevant stakeholders will have the opportunity to make general comments before the adoption of the outcome by the plenary.
32. Recommendations that enjoy the support of the State concerned will be identified as such. Other recommendations, together with the comments of the State concerned thereon, will be noted. Both will be included in the outcome report to be adopted by the Council.
F. Follow-up to the review
33. The outcome of the universal periodic review, as a cooperative mechanism, should be implemented primarily by the State concerned and, as appropriate, by other relevant stakeholders.
34. The subsequent review should focus, inter alia, on the implementation of the preceding outcome.
35. The Council should have a standing item on its agenda devoted to the universal periodic review.
36. The international community will assist in implementing the recommendations and conclusions regarding capacity-building and technical assistance, in consultation with, and with the consent of, the country concerned.
37. In considering the outcome of the universal periodic review, the Council will decide if and when any specific follow‑up is necessary.
38. After exhausting all efforts to encourage a State to cooperate with the universal periodic review mechanism, the Council will address, as appropriate, cases of persistent non-cooperation with the mechanism.
II. SPECIAL PROCEDURES
A. Selection and appointment of mandate-holders
39. The following general criteria will be of paramount importance while nominating, selecting and appointing mandate-holders: (a) expertise; (b) experience in the field of the mandate; (c) independence; (d) impartiality; (e) personal integrity; and (f) objectivity.
40. Due consideration should be given to gender balance and equitable geographic representation, as well as to an appropriate representation of different legal systems.
41. Technical and objective requirements for eligible candidates for mandate-holders will be approved by the Council at its sixth session (first session of the second cycle), in order to ensure that eligible candidates are highly qualified individuals who possess established competence, relevant expertise and extensive professional experience in the field of human rights.
42. The following entities may nominate candidates as special procedures mandate-holders: (a) Governments; (b) Regional Groups operating within the United Nations human rights system; (c) international organizations or their offices (e.g. the Office of the High Commissioner for Human Rights); (d) non-governmental organizations; (e) other human rights bodies; (f) individual nominations.
43. The Office of the High Commissioner for Human Rights shall immediately prepare, maintain and periodically update a public list of eligible candidates in a standardized format, which shall include personal data, areas of expertise and professional experience. Upcoming vacancies of mandates shall be publicized.
44. The principle of non-accumulation of human rights functions at a time shall be respected.
45. A mandate-holder’s tenure in a given function, whether a thematic or country mandate, will be no longer than six years (two terms of three years for thematic mandate-holders).
46. Individuals holding decision-making positions in Government or in any other organization or entity which may give rise to a conflict of interest with the responsibilities inherent to the mandate shall be excluded. Mandate‑holders will act in their personal capacity.
47. A consultative group would be established to propose to the President, at least one month before the beginning of the session in which the Council would consider the selection of mandate‑holders, a list of candidates who possess the highest qualifications for the mandates in question and meet the general criteria and particular requirements.
48. The consultative group shall also give due consideration to the exclusion of nominated candidates from the public list of eligible candidates brought to its attention.
49. At the beginning of the annual cycle of the Council, Regional Groups would be invited to appoint a member of the consultative group, who would serve in his/her personal capacity. The Group will be assisted by the Office of the High Commissioner for Human Rights.
50. The consultative group will consider candidates included in the public list; however, under exceptional circumstances and if a particular post justifies it, the Group may consider additional nominations with equal or more suitable qualifications for the post. Recommendations to the President shall be public and substantiated.
51. The consultative group should take into account, as appropriate, the views of stakeholders, including the current or outgoing mandate-holders, in determining the necessary expertise, experience, skills, and other relevant requirements for each mandate.
52. On the basis of the recommendations of the consultative group and following broad consultations, in particular through the regional coordinators, the President of the Council will identify an appropriate candidate for each vacancy. The President will present to member States and observers a list of candidates to be proposed at least two weeks prior to the beginning of the session in which the Council will consider the appointments.
53. If necessary, the President will conduct further consultations to ensure the endorsement of the proposed candidates. The appointment of the special procedures mandate-holders will be completed upon the subsequent approval of the Council. Mandate-holders shall be appointed before the end of the session.
B. Review, rationalization and improvement of mandates
54. The review, rationalization and improvement of mandates, as well as the creation of new ones, must be guided by the principles of universality, impartiality, objectivity and non‑selectivity, constructive international dialogue and cooperation, with a view to enhancing the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.
55. The review, rationalization and improvement of each mandate would take place in the context of the negotiations of the relevant resolutions. An assessment of the mandate may take place in a separate segment of the interactive dialogue between the Council and special procedures mandate-holders.
56. The review, rationalization and improvement of mandates would focus on the relevance, scope and contents of the mandates, having as a framework the internationally recognized human rights standards, the system of special procedures and General Assembly resolution 60/251.
57. Any decision to streamline, merge or possibly discontinue mandates should always be guided by the need for improvement of the enjoyment and protection of human rights.
58. The Council should always strive for improvements:
(a) Mandates should always offer a clear prospect of an increased level of human rights protection and promotion as well as being coherent within the system of human rights;
(b) Equal attention should be paid to all human rights. The balance of thematic mandates should broadly reflect the accepted equal importance of civil, political, economic, social and cultural rights, including the right to development;
(c) Every effort should be made to avoid unnecessary duplication;
(d) Areas which constitute thematic gaps will be identified and addressed, including by means other than the creation of special procedures mandates, such as by expanding an existing mandate, bringing a cross-cutting issue to the attention of mandate-holders or by requesting a joint action to the relevant mandate-holders;
(e) Any consideration of merging mandates should have regard to the content and predominant functions of each mandate, as well as to the workload of individual mandate‑holders;
(f) In creating or reviewing mandates, efforts should be made to identify whether the structure of the mechanism (expert, rapporteur or working group) is the most effective in terms of increasing human rights protection;
(g) New mandates should be as clear and specific as possible, so as to avoid ambiguity.
59. It should be considered desirable to have a uniform nomenclature of mandate-holders, titles of mandates as well as a selection and appointment process, to make the whole system more understandable.
60. Thematic mandate periods will be of three years. Country mandate periods will be of one year.
61. Mandates included in Appendix I, where applicable, will be renewed until the date on which they are considered by the Council according to the programme of work.d
62. Current mandate-holders may continue serving, provided they have not exceeded the six‑year term limit (Appendix II). On an exceptional basis, the term of those mandate-holders who have served more than six years may be extended until the relevant mandate is considered by the Council and the selection and appointment process has concluded.
63. Decisions to create, review or discontinue country mandates should also take into account the principles of cooperation and genuine dialogue aimed at strengthening the capacity of Member States to comply with their human rights obligations.
64. In case of situations of violations of human rights or a lack of cooperation that require the Council’s attention, the principles of objectivity, non-selectivity, and the elimination of double standards and politicization should apply.
III. HUMAN RIGHTS COUNCIL ADVISORY COMMITTEE
65. The Human Rights Council Advisory Committee (hereinafter “the Advisory Committee”), composed of 18 experts serving in their personal capacity, will function as a think-tank for the Council and work at its direction. The establishment of this subsidiary body and its functioning will be executed according to the guidelines stipulated below.
A. Nomination
66. All Member States of the United Nations may propose or endorse candidates from their own region. When selecting their candidates, States should consult their national human rights institutions and civil society organizations and, in this regard, include the names of those supporting their candidates.
67. The aim is to ensure that the best possible expertise is made available to the Council. For this purpose, technical and objective requirements for the submission of candidatures will be established and approved by the Council at its sixth session (first session of the second cycle). These should include:
(a) Recognized competence and experience in the field of human rights;
(b) High moral standing;
(c) Independence and impartiality.
68. Individuals holding decision-making positions in Government or in any other organization or entity which might give rise to a conflict of interest with the responsibilities inherent in the mandate shall be excluded. Elected members of the Committee will act in their personal capacity.
69. The principle of non-accumulation of human rights functions at the same time shall be respected.
B. Election
70. The Council shall elect the members of the Advisory Committee, in secret ballot, from the list of candidates whose names have been presented in accordance with the agreed requirements.
71. The list of candidates shall be closed two months prior to the election date. The Secretariat will make available the list of candidates and relevant information to member States and to the public at least one month prior to their election.
72. Due consideration should be given to gender balance and appropriate representation of different civilizations and legal systems.
73. The geographic distribution will be as follows:
African States: 5
Asian States: 5
Eastern European States: 2
Latin American and Caribbean States: 3
Western European and other States: 3
74. The members of the Advisory Committee shall serve for a period of three years. They shall be eligible for re‑election once. In the first term, one third of the experts will serve for one year and another third for two years. The staggering of terms of membership will be defined by the drawing of lots.
C. Functions
75. The function of the Advisory Committee is to provide expertise to the Council in the manner and form requested by the Council, focusing mainly on studies and research-based advice. Further, such expertise shall be rendered only upon the latter’s request, in compliance with its resolutions and under its guidance.
76. The Advisory Committee should be implementation-oriented and the scope of its advice should be limited to thematic issues pertaining to the mandate of the Council; namely promotion and protection of all human rights.
77. The Advisory Committee shall not adopt resolutions or decisions. The Advisory Committee may propose within the scope of the work set out by the Council, for the latter’s consideration and approval, suggestions for further enhancing its procedural efficiency, as well as further research proposals within the scope of the work set out by the Council.
78. The Council shall issue specific guidelines for the Advisory Committee when it requests a substantive contribution from the latter and shall review all or any portion of those guidelines if it deems necessary in the future.
D. Methods of work
79. The Advisory Committee shall convene up to two sessions for a maximum of 10 working days per year. Additional sessions may be scheduled on an ad hoc basis with prior approval of the Council.
80. The Council may request the Advisory Committee to undertake certain tasks that could be performed collectively, through a smaller team or individually. The Advisory Committee will report on such efforts to the Council.
81. Members of the Advisory Committee are encouraged to communicate between sessions, individually or in teams. However, the Advisory Committee shall not establish subsidiary bodies unless the Council authorizes it to do so.
82. In the performance of its mandate, the Advisory Committee is urged to establish interaction with States, national human rights institutions, non-governmental organizations and other civil society entities in accordance with the modalities of the Council.
83. Member States and observers, including States that are not members of the Council, the specialized agencies, other intergovernmental organizations and national human rights institutions, as well as non-governmental organizations shall be entitled to participate in the work of the Advisory Committee based on arrangements, including Economic and Social Council resolution 1996/31 and practices observed by the Commission on Human Rights and the Council, while ensuring the most effective contribution of these entities.
84. The Council will decide at its sixth session (first session of its second cycle) on the most appropriate mechanisms to continue the work of the Working Groups on Indigenous Populations; Contemporary Forms of Slavery; Minorities; and the Social Forum.
IV. COMPLAINT PROCEDURE
A. Objective and scope
85. A complaint procedure is being established to address consistent patterns of gross and reliably attested violations of all human rights and all fundamental freedoms occurring in any part of the world and under any circumstances.
86. Economic and Social Council resolution 1503 (XLVIII) of 27 May 1970 as revised by resolution 2000/3 of 19 June 2000 served as a working basis and was improved where necessary, so as to ensure that the complaint procedure is impartial, objective, efficient, victims‑oriented and conducted in a timely manner. The procedure will retain its confidential nature, with a view to enhancing cooperation with the State concerned.
B. Admissibility criteria for communications
87. A communication related to a violation of human rights and fundamental freedoms, for the purpose of this procedure, shall be admissible, provided that:
(a) It is not manifestly politically motivated and its object is consistent with the Charter of the United Nations, the Universal Declaration of Human Rights and other applicable instruments in the field of human rights law;
(b) It gives a factual description of the alleged violations, including the rights which are alleged to be violated;
(c) Its language is not abusive. However, such a communication may be considered if it meets the other criteria for admissibility after deletion of the abusive language;
(d) It is submitted by a person or a group of persons claiming to be the victims of violations of human rights and fundamental freedoms, or by any person or group of persons, including non‑governmental organizations, acting in good faith in accordance with the principles of human rights, not resorting to politically motivated stands contrary to the provisions of the Charter of the United Nations and claiming to have direct and reliable knowledge of the violations concerned. Nonetheless, reliably attested communications shall not be inadmissible solely because the knowledge of the individual authors is second-hand, provided that they are accompanied by clear evidence;
(e) It is not exclusively based on reports disseminated by mass media;
(f) It does not refer to a case that appears to reveal a consistent pattern of gross and reliably attested violations of human rights already being dealt with by a special procedure, a treaty body or other United Nations or similar regional complaints procedure in the field of human rights;
(g) Domestic remedies have been exhausted, unless it appears that such remedies would be ineffective or unreasonably prolonged.
88. National human rights institutions, established and operating under the Principles Relating to the Status of National Institutions (the Paris Principles), in particular in regard to quasi-judicial competence, may serve as effective means of addressing individual human rights violations.
C. Working groups
89. Two distinct working groups shall be established with the mandate to examine the communications and to bring to the attention of the Council consistent patterns of gross and reliably attested violations of human rights and fundamental freedoms.
90. Both working groups shall, to the greatest possible extent, work on the basis of consensus. In the absence of consensus, decisions shall be taken by simple majority of the votes. They may establish their own rules of procedure.
1. Working Group on Communications: composition, mandate and powers
91. The Human Rights Council Advisory Committee shall appoint five of its members, one from each Regional Group, with due consideration to gender balance, to constitute the Working Group on Communications.
92. In case of a vacancy, the Advisory Committee shall appoint an independent and highly qualified expert of the same Regional Group from the Advisory Committee.
93. Since there is a need for independent expertise and continuity with regard to the examination and assessment of communications received, the independent and highly qualified experts of the Working Group on Communications shall be appointed for three years. Their mandate is renewable only once.
94. The Chairperson of the Working Group on Communications is requested, together with the secretariat, to undertake an initial screening of communications received, based on the admissibility criteria, before transmitting them to the States concerned. Manifestly ill-founded or anonymous communications shall be screened out by the Chairperson and shall therefore not be transmitted to the State concerned. In a perspective of accountability and transparency, the Chairperson of the Working Group on Communications shall provide all its members with a list of all communications rejected after initial screening. This list should indicate the grounds of all decisions resulting in the rejection of a communication. All other communications, which have not been screened out, shall be transmitted to the State concerned, so as to obtain the views of the latter on the allegations of violations.
95. The members of the Working Group on Communications shall decide on the admissibility of a communication and assess the merits of the allegations of violations, including whether the communication alone or in combination with other communications appear to reveal a consistent pattern of gross and reliably attested violations of human rights and fundamental freedoms. The Working Group on Communications shall provide the Working Group on Situations with a file containing all admissible communications as well as recommendations thereon. When the Working Group on Communications requires further consideration or additional information, it may keep a case under review until its next session and request such information from the State concerned. The Working Group on Communications may decide to dismiss a case. All decisions of the Working Group on Communications shall be based on a rigorous application of the admissibility criteria and duly justified.
2. Working Group on Situations: composition, mandate and powers
96. Each Regional Group shall appoint a representative of a member State of the Council, with due consideration to gender balance, to serve on the Working Group on Situations. Members shall be appointed for one year. Their mandate may be renewed once, if the State concerned is a member of the Council.
97. Members of the Working Group on Situations shall serve in their personal capacity. In order to fill a vacancy, the respective Regional Group to which the vacancy belongs, shall appoint a representative from member States of the same Regional Group.
98. The Working Group on Situations is requested, on the basis of the information and recommendations provided by the Working Group on Communications, to present the Council with a report on consistent patterns of gross and reliably attested violations of human rights and fundamental freedoms and to make recommendations to the Council on the course of action to take, normally in the form of a draft resolution or decision with respect to the situations referred to it. When the Working Group on Situations requires further consideration or additional information, its members may keep a case under review until its next session. The Working Group on Situations may also decide to dismiss a case.
99. All decisions of the Working Group on Situations shall be duly justified and indicate why the consideration of a situation has been discontinued or action recommended thereon. Decisions to discontinue should be taken by consensus; if that is not possible, by simple majority of the votes.
D. Working modalities and confidentiality
100. Since the complaint procedure is to be, inter alia, victims-oriented and conducted in a confidential and timely manner, both Working Groups shall meet at least twice a year for five working days each session, in order to promptly examine the communications received, including replies of States thereon, and the situations of which the Council is already seized under the complaint procedure.
101. The State concerned shall cooperate with the complaint procedure and make every effort to provide substantive replies in one of the United Nations official languages to any of the requests of the Working Groups or the Council. The State concerned shall also make every effort to provide a reply not later than three months after the request has been made. If necessary, this deadline may however be extended at the request of the State concerned.
102. The Secretariat is requested to make the confidential files available to all members of the Council, at least two weeks in advance, so as to allow sufficient time for the consideration of the files.
103. The Council shall consider consistent patterns of gross and reliably attested violations of human rights and fundamental freedoms brought to its attention by the Working Group on Situations as frequently as needed, but at least once a year.
104. The reports of the Working Group on Situations referred to the Council shall be examined in a confidential manner, unless the Council decides otherwise. When the Working Group on Situations recommends to the Council that it consider a situation in a public meeting, in particular in the case of manifest and unequivocal lack of cooperation, the Council shall consider such recommendation on a priority basis at its next session.
105. So as to ensure that the complaint procedure is victims-oriented, efficient and conducted in a timely manner, the period of time between the transmission of the complaint to the State concerned and consideration by the Council shall not, in principle, exceed 24 months.
E. Involvement of the complainant and of the State concerned
106. The complaint procedure shall ensure that both the author of a communication and the State concerned are informed of the proceedings at the following key stages:
(a) When a communication is deemed inadmissible by the Working Group on Communications or when it is taken up for consideration by the Working Group on Situations; or when a communication is kept pending by one of the Working Groups or by the Council;
(b) At the final outcome.
107. In addition, the complainant shall be informed when his/her communication is registered by the complaint procedure.
108. Should the complainant request that his/her identity be kept confidential, it will not be transmitted to the State concerned.
F. Measures
109. In accordance with established practice the action taken in respect of a particular situation should be one of the following options:
(a) To discontinue considering the situation when further consideration or action is not warranted;
(b) To keep the situation under review and request the State concerned to provide further information within a reasonable period of time;
(c) To keep the situation under review and appoint an independent and highly qualified expert to monitor the situation and report back to the Council;
(d) To discontinue reviewing the matter under the confidential complaint procedure in order to take up public consideration of the same;
(e) To recommend to OHCHR to provide technical cooperation, capacity‑building assistance or advisory services to the State concerned.
V. AGENDA AND FRAMEWORK FOR THE PROGRAMME OF WORK
A. Principles
Universality
Impartiality
Objectivity
Non-selectiveness
Constructive dialogue and cooperation
Predictability
Flexibility
Transparency
Accountability
Balance
Inclusive/comprehensive
Gender perspective
Implementation and follow-up of decisions
B. Agenda
Item 1. Organizational and procedural matters
Item 2. Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary‑General
Item 3. Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
Item 4. Human rights situations that require the Council’s attention
Item 5. Human rights bodies and mechanisms
Item 6. Universal Periodic Review
Item 7. Human rights situation in Palestine and other occupied Arab territories
Item 8. Follow-up and implementation of the Vienna Declaration and Programme of Action
Item 9. Racism, racial discrimination, xenophobia and related forms of intolerance, follow‑up and implementation of the Durban Declaration and Programme of Action
Item 10. Technical assistance and capacity‑building
C. Framework for the programme of work
Item 1. Organizational and procedural matters
Election of the Bureau
Adoption of the annual programme of work
Adoption of the programme of work of the session, including other business
Selection and appointment of mandate-holders
Election of members of the Human Rights Council Advisory Committee
Adoption of the report of the session
Adoption of the annual report
Item 2. Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary‑General
Presentation of the annual report and updates
Item 3. Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
Economic, social and cultural rights
Civil and political rights
Rights of peoples, and specific groups and individuals
Right to development
Interrelation of human rights and human rights thematic issues
Item 4. Human rights situations that require the Council’s attention
Item 5. Human rights bodies and mechanisms
Report of the Human Rights Council Advisory Committee
Report of the complaint procedure
Item 6. Universal Periodic Review
Item 7. Human rights situation in Palestine and other occupied Arab territories
Human rights violations and implications of the Israeli occupation of Palestine and other occupied Arab territories
Right to self-determination of the Palestinian people
Item 8. Follow-up and implementation of the Vienna Declaration and Programme of Action
Item 9. Racism, racial discrimination, xenophobia and related forms of intolerance, follow‑up and implementation of the Durban Declaration and Programme of Action
Item 10. Technical assistance and capacity-building
VI. METHODS OF WORK
110. The methods of work, pursuant to General Assembly resolution 60/251 should be transparent, impartial, equitable, fair, pragmatic; lead to clarity, predictability, and inclusiveness. They may also be updated and adjusted over time.
A. Institutional arrangements
1. Briefings on prospective resolutions or decisions
111. The briefings on prospective resolutions or decisions would be informative only, whereby delegations would be apprised of resolutions and/or decisions tabled or intended to be tabled. These briefings will be organized by interested delegations.
2. President’s open-ended information meetings onresolutions, decisions and other related business
112. The President’s open-ended information meetings on resolutions, decisions and other related business shall provide information on the status of negotiations on draft resolutions and/or decisions so that delegations may gain a bird’s eye view of the status of such drafts. The consultations shall have a purely informational function, combined with information on the extranet, and be held in a transparent and inclusive manner. They shall not serve as a negotiating forum.
3. Informal consultations on proposals convened by main sponsors
113. Informal consultations shall be the primary means for the negotiation of draft resolutions and/or decisions, and their convening shall be the responsibility of the sponsor(s). At least one informal open-ended consultation should be held on each draft resolution and/or decision before it is considered for action by the Council. Consultations should, as much as possible, be scheduled in a timely, transparent and inclusive manner that takes into account the constraints faced by delegations, particularly smaller ones.
4. Role of the Bureau
114. The Bureau shall deal with procedural and organizational matters. The Bureau shall regularly communicate the contents of its meetings through a timely summary report.
5. Other work formats may include panel debates, seminars and round tables
115. Utilization of these other work formats, including topics and modalities, would be decided by the Council on a case-by-case basis. They may serve as tools of the Council for enhancing dialogue and mutual understanding on certain issues. They should be utilized in the context of the Council’s agenda and annual programme of work, and reinforce and/or complement its intergovernmental nature. They shall not be used to substitute or replace existing human rights mechanisms and established methods of work.
6. High-Level Segment
116. The High-Level Segment shall be held once a year during the main session of the Council. It shall be followed by a general segment wherein delegations that did not participate in the High-Level Segment may deliver general statements.
B. Working culture
117. There is a need for:
(a) Early notification of proposals;
(b) Early submission of draft resolutions and decisions, preferably by the end of the penultimate week of a session;
(c) Early distribution of all reports, particularly those of special procedures, to be transmitted to delegations in a timely fashion, at least 15 days in advance of their consideration by the Council, and in all official United Nations languages;
(d) Proposers of a country resolution to have the responsibility to secure the broadest possible support for their initiatives (preferably 15 members), before action is taken;
(e) Restraint in resorting to resolutions, in order to avoid proliferation of resolutions without prejudice to the right of States to decide on the periodicity of presenting their draft proposals by:
(i) Minimizing unnecessary duplication of initiatives with the General Assembly/Third Committee;
(ii) Clustering of agenda items;
(iii) Staggering the tabling of decisions and/or resolutions and consideration of action on agenda items/issues.
C. Outcomes other than resolutions and decisions
118. These may include recommendations, conclusions, summaries of discussions and President’s Statement. As such outcomes would have different legal implications, they should supplement and not replace resolutions and decisions.
D. Special sessions of the Council
119. The following provisions shall complement the general framework provided by General Assembly resolution 60/251 and the rules of procedure of the Human Rights Council.
120. The rules of procedure of special sessions shall be in accordance with the rules of procedure applicable for regular sessions of the Council.
121. The request for the holding of a special session, in accordance with the requirement established in paragraph 10 of General Assembly resolution 60/251, shall be submitted to the President and to the secretariat of the Council. The request shall specify the item proposed for consideration and include any other relevant information the sponsors may wish to provide.
122. The special session shall be convened as soon as possible after the formal request is communicated, but, in principle, not earlier than two working days, and not later than five working days after the formal receipt of the request. The duration of the special session shall not exceed three days (six working sessions), unless the Council decides otherwise.

123. The secretariat of the Council shall immediately communicate the request for the holding of a special session and any additional information provided by the sponsors in the request, as well as the date for the convening of the special session, to all United Nations Member States and make the information available to the specialized agencies, other intergovernmental organizations and national human rights institutions, as well as to non-governmental organizations in consultative status by the most expedient and expeditious means of communication. Special session documentation, in particular draft resolutions and decisions, should be made available in all official United Nations languages to all States in an equitable, timely and transparent manner.
124. The President of the Council should hold open-ended informative consultations before the special session on its conduct and organization. In this regard, the secretariat may also be requested to provide additional information, including, on the methods of work of previous special sessions.
125. Members of the Council, concerned States, observer States, specialized agencies, other intergovernmental organizations and national human rights institutions, as well as non‑governmental organizations in consultative status may contribute to the special session in accordance with the rules of procedure of the Council.
126. If the requesting or other States intend to present draft resolutions or decisions at the special session, texts should be made available in accordance with the Council’s relevant rules of procedure. Nevertheless, sponsors are urged to present such texts as early as possible.
127. The sponsors of a draft resolution or decision should hold open-ended consultations on the text of their draft resolution(s) or decision(s) with a view to achieving the widest participation in their consideration and, if possible, achieving consensus on them.
128. A special session should allow participatory debate, be results-oriented and geared to achieving practical outcomes, the implementation of which can be monitored and reported on at the following regular session of the Council for possible follow-up decision.
VII. RULES OF proceduree
SESSIONS
Rules of procedure
Rule 1
The Human Rights Council shall apply the rules of procedure established for the Main Committees of the General Assembly, as applicable, unless subsequently otherwise decided by the Assembly or the Council.
REGULAR SESSIONS
Number of sessions
Rule 2
The Human Rights Council shall meet regularly throughout the year and schedule no fewer than three sessions per Council year, including a main session, for a total duration of no less than 10 weeks.
Assumption of membership
Rule 3
Newly-elected member States of the Human Rights Council shall assume their membership on the first day of the Council year, replacing member States that have concluded their respective membership terms.
Place of meeting
Rule 4
The Human Rights Council shall be based in Geneva.
SPECIAL SESSIONS
Convening of special sessions
Rule 5
The rules of procedure of special sessions of the Human Rights Council will be the same as the rules of procedure applicable for regular sessions of the Human Rights Council.
Rule 6
The Human Rights Council shall hold special sessions, when needed, at the request of a member of the Council with the support of one third of the membership of the Council.
PARTICIPATION OF AND CONSULTATION WITHOBSERVERS OF THE COUNCIL
Rule 7
(a) The Council shall apply the rules of procedure established for committees of the General Assembly, as applicable, unless subsequently otherwise decided by the Assembly or the Council, and the participation of and consultation with observers, including States that are not members of the Council, the specialized agencies, other intergovernmental organizations and national human rights institutions, as well as non-governmental organizations, shall be based on arrangements, including Economic and Social Council resolution 1996/31 of 25 July 1996, and practices observed by the Commission on Human Rights, while ensuring the most effective contribution of these entities.
(b) Participation of national human rights institutions shall be based on arrangements and practices agreed upon by the Commission on Human Rights, including resolution 2005/74 of 20 April 2005, while ensuring the most effective contribution of these entities.
ORGANIZATION OF WORK AND AGENDA FOR REGULAR SESSIONS
Organizational meetings
Rule 8
(a) At the beginning of each Council year, the Council shall hold an organizational meeting to elect its Bureau and to consider and adopt the agenda, programme of work, and calendar of regular sessions for the Council year indicating, if possible, a target date for the conclusion of its work, the approximate dates of consideration of items and the number of meetings to be allocated to each item.
(b) The President of the Council shall also convene organizational meetings two weeks before the beginning of each session and, if necessary, during the Council sessions to discuss organizational and procedural issues pertinent to that session.
PRESIDENT AND VICE-PRESIDENTS
Elections
Rule 9
(a) At the beginning of each Council year, at its organizational meeting, the Council shall elect, from among the representatives of its members, a President and four Vice-Presidents. The President and the Vice‑Presidents shall constitute the Bureau. One of the Vice-Presidents shall serve as Rapporteur.
(b) In the election of the President of the Council, regard shall be had for the equitable geographical rotation of this office among the following Regional Groups: African States, Asian States, Eastern European States, Latin American and Caribbean States, and Western European and other States. The four Vice-Presidents of the Council shall be elected on the basis of equitable geographical distribution from the Regional Groups other than the one to which the President belongs. The selection of the Rapporteur shall be based on geographic rotation.
Bureau
Rule 10
The Bureau shall deal with procedural and organizational matters.
Term of office
Rule 11
The President and the Vice-Presidents shall, subject to rule 13, hold office for a period of one year. They shall not be eligible for immediate re-election to the same post.
Absence of officers
Rule 12 [105]
If the President finds it necessary to be absent during a meeting or any part thereof, he/she shall designate one of the Vice-Presidents to take his/her place. A Vice-President acting as President shall have the same powers and duties as the President. If the President ceases to hold office pursuant to rule 13, the remaining members of the Bureau shall designate one of the Vice‑Presidents to take his/her place until the election of a new President.
Replacement of the President or a Vice-President
Rule 13
If the President or any Vice-President ceases to be able to carry out his/her functions or ceases to be a representative of a member of the Council, or if the Member of the United Nations of which he/she is a representative ceases to be a member of the Council, he/she shall cease to hold such office and a new President or Vice-President shall be elected for the unexpired term.

SECRETARIAT
Duties of the secretariat
Rule 14 [47]
The Office of the United Nations High Commissioner for Human Rights shall act as secretariat for the Council. In this regard, it shall receive, translate, print and circulate in all official United Nations languages, documents, reports and resolutions of the Council, its committees and its organs; interpret speeches made at the meetings; prepare, print and circulate the records of the session; have the custody and proper preservation of the documents in the archives of the Council; distribute all documents of the Council to the members of the Council and observers and, generally, perform all other support functions which the Council may require.
RECORDS AND REPORT
Report to the General Assembly
Rule 15
The Council shall submit an annual report to the General Assembly.
PUBLIC AND PRIVATE MEETINGS OF THE HUMAN RIGHTS COUNCIL
General principles
Rule 16 [60]
The meetings of the Council shall be held in public unless the Council decides that exceptional circumstances require the meeting be held in private.
Private meetings
Rule 17 [61]
All decisions of the Council taken at a private meeting shall be announced at an early public meeting of the Council.
CONDUCT OF BUSINESS
Working groups and other arrangements
Rule 18
The Council may set up working groups and other arrangements. Participation in these bodies shall be decided upon by the members, based on rule 7. The rules of procedure of these bodies shall follow those of the Council, as applicable, unless decided otherwise by the Council.
Quorum
Rule 19 [67]
The President may declare a meeting open and permit the debate to proceed when at least one third of the members of the Council are present. The presence of a majority of the members shall be required for any decision to be taken.
Majority required
Rule 20 [125]
Decisions of the Council shall be made by a simple majority of the members present and voting, subject to rule 19.
Appendix I
Renewed mandates until they could be consideredby the Human Rights Council according to its Annual Programme of Work
Independent expert appointed by the Secretary-General on the situation of human rights in Haiti
Independent expert appointed by the Secretary-General on the situation of human rights in Somalia
Independent expert on the situation of human rights in Burundi
Independent expert on technical cooperation and advisory services in Liberia
Independent expert on the situation of human rights in the Democratic Republic of the Congo
Independent expert on human rights and international solidarity
Independent expert on minority issues
Independent expert on the effects of economic reform policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights
Independent expert on the question of human rights and extreme poverty
Special Rapporteur on the situation of human rights in the Sudan
Special Rapporteur on the situation of human rights in Myanmar
Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea
Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 (The duration of this mandate has been established until the end of the occupation.)
Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
Special Rapporteur on extrajudicial, summary or arbitrary executions
Special Rapporteur on freedom of religion or belief
Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights
Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children
Special Rapporteur on the human rights of migrants
Special Rapporteur on the independence of judges and lawyers
Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
Special Rapporteur on the right to education
Special Rapporteur on the right to food
Special Rapporteur on the sale of children, child prostitution and child pornography
Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
Special Rapporteur on violence against women, its causes and consequences
Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises
Special Representative of the Secretary-General for human rights in Cambodia
Special Representative of the Secretary-General on the situation of human rights defenders
Representative of the Secretary-General on human rights of internally displaced persons
Working Group of Experts on People of African Descent
Working Group on Arbitrary Detention
Working Group on Enforced or Involuntary Disappearances
Working Group on the question of the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination
Appendix II
terms in office of mandate-holders
Mandate-holder
Mandate
Terms in office
Charlotte Abaka
Independent Expert on the situationof human rights in Liberia
July 2006(first term)
Yakin Ertürk
Special Rapporteur on violence against women, its causes and consequences
July 2006(first term)
Manuela Carmena Castrillo
Working Group on Arbitrary Detention
July 2006(first term)
Joel Adebayo Adekanye
Working Group on Enforced or Involuntary Disappearances
July 2006(second term)
Saeed Rajaee Khorasani
Working Group on Enforced or Involuntary Disappearances
July 2006(first term)
Joe Frans
Working Group on people of African descent
July 2006(first term)
Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
August 2006(first term)
Hina Jilani
Special Representative of the Secretary-General on the situation of human rights defenders
August 2006(second term)
Soledad Villagra de Biedermann
Working Group on Arbitrary Detention
August 2006(second term)
Miloon Kothari
Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
September 2006(second term)
Jean Ziegler
Special Rapporteur on the right to food
September 2006(second term)
Paulo Sérgio Pinheiro
Special Rapporteur on the situation of human rights in Myanmar
December 2006(second term)
Darko Göttlicher
Working Group on Enforced or Involuntary Disappearances
January 2007(first term)
Tamás Bán
Working Group on Arbitrary Detention
April 2007(second term)
Ghanim Alnajjar
Independent Expert appointed by the Secretary‑General on the situation of human rights in Somalia
May 2007 (second term)
John Dugard
Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967
June 2007(second term)
Rodolfo Stavenhagen
Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people
June 2007(second term)
Arjun Sengupta
Independent Expert on the question of human rights and extreme poverty
July 2007(first term)
Akich Okola
Independent Expert on the situation of human rights in Burundi
July 2007(first term)
Titinga Frédéric Pacéré
Independent Expert on the situation of human rights in the Democratic Republic of the Congo
July 2007(first term)
Philip Alston
Special Rapporteur on extrajudicial, summary or arbitrary executions
July 2007(first term)
Asma Jahangir
Special Rapporteur on freedom of religion or belief
July 2007(first term)
Okechukwu Ibeanu
Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights
July 2007(first term)
Vernor Muñoz Villalobos
Special Rapporteur on the right to education
July 2007(first term)



Juan Miguel Petit
Special Rapporteur on the sale of children, child prostitution and child pornography
July 2007(second term)
Vitit Muntarbhorn
Special Rapporteur on the situation ofhuman rights in the Democratic People’s Republic of Korea
July 2007(first term)
Leila Zerrougui
Working Group on Arbitrary Detention
August 2007(second term)
Santiago Corcuera Cabezut
Working Group on Enforced or Involuntary Disappearances
August 2007(first term)
Walter Kälin
Representative of the Secretary‑General on the human rights of internally displaced persons
September 2007(first term)
Sigma Huda
Special Rapporteur on trafficking in persons, especially in women and children
October 2007(first term)
Bernards Andrew Nyamwaya Mudho
Independent Expert on the effects of economic reform policies and foreign debt on the full enjoyment of human rights, particularly economic, social and cultural rights
November 2007(second term)
Manfred Nowak
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
November 2007(first term)
Louis Joinet
Independent Expert appointed by the Secretary‑General on the situation of human rights in Haiti
February 2008 (second term)
Rudi Muhammad Rizki
Independent Expert on human rights and international solidarity
July 2008(first term)
Gay McDougall
Independent Expert on minority issues
July 2008(first term)
Doudou Diène
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
July 2008(second term)
Jorge A. Bustamante
Special Rapporteur on the human rights of migrants
July 2008(first term)
Martin Scheinin
Special Rapporteur on the promotion and protection of human rights while countering terrorism
July 2008(first term)
Sima Samar
Special Rapporteur on the situation of human rights in the Sudan
July 2008(first term)



John Ruggie
Special Representative of the Secretary‑General on human rights and transnational corporations and other business enterprises
July 2008(first term)
Seyyed Mohammad Hashemi
Working Group on Arbitrary Detention
July 2008(second term)
Najat Al-Hajjaji
Working Group on the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination
July 2008(first term)
Amada Benavides de Pérez
Working Group on the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination
July 2008(first term)
Alexander Ivanovich Nikitin
Working Group on the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination
July 2008(first term)
Shaista Shameem
Working Group on the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination
July 2007(first term)
Ambeyi Ligabo
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
August 2008(second term)
Paul Hunt
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
August 2008(second term)
Peter Lesa Kasanda
Working Group on people of African descent
August 2008(second term)
Stephen J. Toope
Working Group on Enforced or Involuntary Disappearances
September 2008(second term)
George N. Jabbour
Working Group on people of African descent
September 2008(second term)
Irina Zlatescu
Working Group on people of African descent
October 2008(second term)
José Gómez del Prado
Working Group on the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination
October 2008(first term)
Yash Ghai
Special Representative of the Secretary-General for human rights in Cambodia
November 2008(first term)


[1] See A/HRC/5/21, chap. III, paras. 60-62.
a The universal periodic review is an evolving process; the Council, after the conclusion of the first review cycle, may review the modalities and the periodicity of this mechanism, based on best practices and lessons learned.
b A Universal Periodic Review Voluntary Trust Fund should be established to facilitate the participation of developing countries, particularly the Least Developed Countries, in the universal periodic review mechanism.
c A decision should be taken by the Council on whether to resort to existing financing mechanisms or to create a new mechanism.
d Country mandates meet the following criteria:
- There is a pending mandate of the Council to be accomplished; or
- There is a pending mandate of the General Assembly to be accomplished; or
- The nature of the mandate is for advisory services and technical assistance.
e Figures indicated in square brackets refer to identical or corresponding rules of the General Assembly or its Main Committees (A/520/Rev.16).

Nota de rodapé nº12

Annan says rights body harming UN

Kofi Annan has proposed sweeping reforms of the United NationsUN Secretary General Kofi Annan has accused the UN Human Rights Commission of failing to uphold human rights and said a new, permanent body is needed.
Speaking in Geneva, Mr Annan said the commission was undermining the credibility of the entire UN.
Human rights groups say the body's member nations are too concerned with protecting their national interests.
Current members include Sudan, Zimbabwe, China, Russia and Saudi Arabia - all accused of rights abuses.
Unless we re-make our human rights machinery, we may be unable to renew public confidence in the United Nations itself
Kofi Annan
"We have reached a point at which the commission's declining credibility has cast a shadow on the reputation of the United Nations system," Mr Annan said as he addressed the commission's annual six-week session at its Swiss headquarters.
"Unless we re-make our human rights machinery, we may be unable to renew public confidence in the United Nations itself," he said.
Greater status
As part of his programme of UN reforms, Mr Annan wants to create a smaller Human Rights Council, whose members must uphold the highest human rights standards.
Mr Annan said the UN needs the new council if it is to prevent appalling suffering occurring around the world.
He said the council must be more accountable and more representative.
It would, he explained, allow for a more comprehensive and objective approach, which, in turn, would produce more effective assistance.
"The main intergovernmental body concerned with human rights should have a status, authority and capability," Mr Annan said.
Sudan controversy
The commission was launched in 1946 to uphold human rights worldwide, and has 53 members.
Libya chaired the commission in 2003, despite opposition from the US and human rights groups.
In his annual address last year, Mr Annan warned that the conflict in Sudan's province of Darfur bore worrying similarities to the Rwandan genocide.
The commission had before it strong evidence of atrocities being committed in Darfur and of the Sudanese government's involvement in them, but no resolution was passed condemning Sudan.
Instead, Sudan was elected to the commission for another year.
There is talk of a resolution this year, but the countries drafting it include Sudan itself and Zimbabwe, also in the spotlight for human rights violations.
Activists also want the commission to condemn the US for its treatment of prisoners in Iraq and Afghanistan, and at Guantanamo Bay, Cuba.

Tonga reports to UN Human Rights Council

Tonga has become the first Pacific island country to report to the United Nations new Human Rights Council.

The UN is stepping up its focus on human rights accountability under the new Council, which now makes human rights reporting and investigating compulsory.

The new structure means UN member states must report regularly, whether or not they have ratified previous human rights treaties.

Tonga has never ratified a human rights agreement and has never reported to the world body on the situation in the country, but was among the first countries asked to report to the Council this year

Pacific human rights lawyer, Imrana Jalal, has told Radio Australia's Pacific Beat program, Tonga was asked some pointed questions during its peer review by the Council.

"They were asked questions about womens' land rights, which are very controversial as you know in Tonga, women don't have equal rights to land," she said.

"They were asked questions about the democratic process of reform, which is the biggest and hottest topic in Tonga at the moment.

"And they were asked questions about the rights of those people who have imprisoned after the November 2006 riots whose cases are coming up for trial, so they were asked very very searching questions."

Cambodia: concern over UN human rights role

CAMBODIA: Concern over UN human rights role


Photo: Geoffrey Cain/IRIN
Many of Cambodia's urban poor are in danger of eviction - a significant human rights concern for many activists today
PHNOM PENH, 30 October 2008 (IRIN) - A week after UN rights envoy Yash Ghai resigned his post in September, the UN Human Rights Council (HRC) downgraded the special representative position in Cambodia to Special Rapporteur, sparking fears the UN is reducing its commitments in the country.

Under the new system, the rapporteur reports to the HRC, not to Secretary-General Ban Ki-moon.

"The rapporteur position is slightly downgraded, but the mandate remains essentially the same as the special representative," Christophe Peschoux, director of the UN's Office of the High Commissioner for Human Rights (OHCHR) in Cambodia, told IRIN.

Former envoy Ghai, a Kenyan lawyer, had experienced repeated personal attacks from Cambodian Prime Minister Hun Sen after his criticisms of the government.

"This is a question of personality, and interpretation about how to conduct this sensitive mandate, not of the mandate itself," Peschoux said. "The Prime Minister said he will never receive Yash Ghai but will receive his successor, who is to be appointed by the Council."

Rather than being limited only to Cambodia, Peschoux said the change was part of a wider consolidation trend among member states to simplify UN human rights procedures.

Read more
Questions over legality of evictions in name of development
Coastal development threatens livelihoods
Cambodia RSS feed
Human rights concerns


According to a report by Ghai, land laws are "regularly" violated "with impunity by influential individuals, companies and government entities".

Minister of Information Khieu Kanharith could not be reached to comment on Ghai’s report despite repeated phone calls.

Adhoc, a Cambodian human rights watchdog, estimated 50,000 people were evicted for development in 2006 and 2007. Licadho, another Cambodian NGO, said 30,000 have been displaced by evictions in the past five years.

"It appears that the office [OHCHR] is not holding the Cambodian government ... to its promises on UN conventions," Ou Virak, director of the Cambodian Center for Human Rights, told IRIN. "The government has failed to file its human rights report to the [UN] Human Rights Committee in the past."

"The new programme [the special rapporteur] means the UN and government are making weak compromises on human rights," Pa Ngoun Teang, secretary-general of the Cambodia human rights working group for the Association of Southeast Asian Nations (ASEAN), told IRIN.

But Peschoux said cooperation made more sense than stirring controversy.

"My experience with several major international human rights and humanitarian organisations, with different approaches to human rights protection," he said, "has taught me that there is no effective rights protection without effective dialogue and practical engagement with those who have the power to effect changes, [which are] government authorities."

Embattled history

The UN special representative and Cambodian government have been at loggerheads over rights issues since 1993, after the UN peacekeeping force (UNTAC) completed its mandate.

"The law of the gun has been replaced with the law of the dollar," Peschoux said, having worked for OHCHR from 1993 to 1999 before he returned in 2007. "The 1990s was a decade that was heavily influenced by the previous 30 years of conflict. This really was a post-conflict situation."

This decade, Peschoux said, is "marked by peace and its consolidation" and issues of development have taken over from issues of violence.

"Another form of violence has appeared, generated by unregulated economic development practices, violence against the poor and the most vulnerable," he said.

gc/ds/mw


Themes: (IRIN) Aid Policy, (IRIN) Human Rights

[ENDS]
Report can be found online at:
http://www.irinnews.org/Report.aspx?ReportId=81201

[This report does not necessarily reflect the views of the United Nations]

NGO starts monitoring human rights of PWDs

Quezon City (31 October) -- The Katipunan ng Maykapansanan sa Pilipinas, Inc. (KAMPI) has launched a campaign to monitor the human rights of persons with disabilities (PWDs) in partnership with Disability Rights Promotion International (DRPI), university-based project in Canada.

The campaign launch was made during a training activity sponsored by KAMPI and DRPI last October 20-27 at Norfil Foundation Bldg. in Quezon City with the theme "Monitoring the Individual Human Rights Experiences of Persons with Disabilities in the Philippines."

In her speech during the event, Dr. Marcia Rioux, Co-Director of DRPI said: "One of the objectives of the study is to let the small group of people help another set or group of people. It is the same as stating that disabled persons help other PWDs from other parts of the globe. We are a small body but with a spirit of great sense of determination that will make a difference."

Dr. Rioux also said: "Our government will put things in order, like making pertinent laws, but it is up to us to bring change and justice. If each person joins the other person and this group of persons will be joined by other people in their (respective) countries it will surely bring great changes. And that's how big changes happen in history... It is like putting it this way, great things starts from small beginnings. This will lead not only in making other laws (related to PWDs) but in the effective implementation and improvement of present laws specifically the UNCRPD".

After the training, eight (8) Site Coordinators and 18 Monitors will conduct their field work to interview the different types of persons with disabilities in four (4) major areas namely: NCR, Luzon, Visayas, and Mindanao. Notably, these Site Coordinators and Monitors are not your usual abled persons but are persons with disabilities themselves. Interview guides, including the training materials used, were translated into their respective dialects as well as in Braille (for visual impaired monitors).

KAMPI Secretariat Executive Director Sonia Rina Figueroa also explained that, "what is unique in this study is that the persons with disabilities are the ones themselves who will conduct their research and interviews on individual human rights experiences with their fellow persons with disabilities. It is monitoring and documenting their own experiences and consequently reporting the outputs of their research. All involved persons in this research are PWDs. The Secretariat itself is a practitioner of this dictum. Non- PWDs involved in this project, during the training and the field work, are limited only to the Head Data Analyst and the guides and interpreters of the Site Coordinators and Monitors."

The project will run from October 2008 to January 2009. KAMPI and DRPI is doing this project of collecting information about the lives and experiences of persons with disabilities in order to see if their human rights are being respected in the Philippines.

According to the materials prepared by DRPI for the training, the information collected will be studied and reports will be written. It noted that "The names of participants will not be mentioned in the reports unless they have given their clear permission to do so. These reports will then be made available to organizations of persons with disabilities, other groups working to improve the lives of persons with disabilities, the media and governments."

"The reports to be derived and made from this project are to be used to: let people know about violations of the rights of persons with disabilities, help stop human rights violations, provide facts to back up arguments for changes in laws, policies, and programs to improve the lives of persons with disabilities, keep track of the steps that the government has taken or has failed to take in order to fulfill the promises it has made to persons with disabilities when it signed agreements at the United Nations saying that it would protect, promote and fulfill the rights of persons with disabilities."

The training was also supported by ExIST, Inc. for logistics and events secretariat support, the National Council on Disability Affairs (NCDA) for the use of one of their rooms as one of the training venues, the National Commission on Culture and the Arts (NCCA), and the Department of Education (DECS) for assisting KAMPI in putting into Braille the training material. Among the special guests of the event were: Dr. Renante A. Basas (Director IV) from the Commission on Human Rights, Mr. Mateo Lee, Jr. (OIC- NCDA), and Mr. Lauro Purcil, Jr. (Chairman of the National Committee on UN Convention of Sectoral Council of PWD). (KAMPI/PIA