By Ursula SiegfriedCoordinator NGO Welcome Desk

The United Nations Human Rights Mechanisms

IARF Workshop

1. Independent Experts vs. State representatives

2. Treaty Bodies vs. Charter-based bodies

3. Treaty Bodies: Human Rights treaties and Committees

4. Charter-based bodies: Human Rights Council, ECOSOC, UN General Assembly

Independent Experts vs. State representatives

• Independent Experts–Examples: Treaty-bodies, Special

Procedures

• State representatives–Examples: HR Council, General

Assembly

Treaty bodies vs. Charter-based bodies• Treaty-bodies– Established by a human rights treaty– Competence for rights covered by the treaty– Obligations for State parties to the treaty– Examples: Human Rights Committee, Committee for

the Rights of the Child

• Charter-based bodies :– Mechanisms derive from the UN Charter– Competence according to resolution creating the

mechanism– Potentially obligations for all UN member States– Examples: Human Rights Council, Special Procedures

Treaty bodiesTreaty Treaty-bodyInternational Covenant on Economic, Social and Cultural Rights

Committee on Economic, Social and Cultural Rights (CESCR)

International Covenant on Civil and Political Rights

Human Rights Committee (CCPR)

International Convention for the Elimination of all Forms of Racial Discrimination

Committee on the Elimination of Racial Discrimination (CERD)

Convention on the Elimination of all Forms of Discrimination against Women

Committee on the Elimination of Discrimination against Women (CEDAW)

Convention against Torture Committee against Torture (CAT)Convention on the Rights of the Child Committee on the Rights of the Child (CRC)Convention on the Protection of the Rights of Migrant Workers

Committee on Migrant Workers (CMW)

Convention on the Rights of Persons with Disabilities

Committee on the Rights of Persons with Disabilities (CRPD)

Convention on the Protection of all Persons from Enforced Disappearance

Committee on Enforced Disappearances (CED)

Treaty bodies - Functioning

• Composed of independent experts• Reporting procedure & NGO

shadow reports• General comments• Individual complaints /

Communications procedure• Country Visits (CEDAW-OP, CAT, SPT, CRPD)

Treaty bodies - Issues

• Ratification (treaty and OPs)• Reservations• Delays in submitting reports• Independence of Committee

members• Harmonisation of treaty-body

system

Treaty bodies – Useful contactsTreaty-body

Specialised NGOs

CESCR Economic, Social and Cultural Rights Network (ESCR-Net) Europe Third-World Centre (CETIM)

CCPR Centre for Civil and Political Rights (CCPR Centre)CERD Int. Movement against all Forms of Discrimination and Racism (IMADR)

Movement Against Racism and for Friendship between Peoples (MRAP)CEDAW International Women's Rights Action Watch (IWRAW) Asia Pacific

Women’s International League for Peace and Freedom (WILPF)CAT World Organisation against Torture (OMCT)

Association for the Prevention of Torture (APT)CRC NGO Group for the Convention on the Rights of the ChildCMW ?CRPD International Disability Alliance (IDA)CED International Coalition against Enforced Disappearances (ICAED)

Charter-based Bodies• Human Rights Council

– Special Procedures (in separate presentation)– Universal Periodic Review (in separate presentation)– Expert Mechanism on Indigenous Peoples– Forum on Minority Issues– Social Forum– Advisory Committee – Complaints Procedure

• Economic and Social Council (ECOSOC)– Committee on NGOs– Commission on the Status of Women– Permanent Forum on Indigenous Issues

• UN General Assembly– Third Committee– Human Rights Council

Human Rights Council

• Sessions– Regular Sessions: 3 x per year– Special Sessions: on request of 1/3 of HRC members

• Members– 47 member stats– Elected by General Assembly for 3 years– Seats allocated by regional group

• Agenda– 10 standing agenda items

HR Council – Subsidiary bodies• Expert Mechanism on Indigenous Peoples– 5 independent experts appointed by HRC– Thematic advise & studies; proposals– One annual session in July– Funding for participation through Voluntary Fund

• Forum on Minority Issues– Chaired by Independent Expert on Minority Issues– Implementation of Declaration on rights of minorities– One annual session in November/December

• Social Forum– Open to large range of actors– Social justice, equity, solidarity, globalisation

HR Council – Subsidiary bodies• Advisory Committee (formerly Sub-

commission)– “Think-tank” composed of 18 experts: studies &

research

• Complaints Procedure (formerly 1503)– Confidential!– Addresses gross and systematic violations of all

human rights – WG on Communications -> WG on Situations ->

HR Council

Human Rights Council – Useful contacts• NGO Welcome Desk– www.welcomedesk.org, welcome@mandint.org

• Civil Society Section of OHCHR– civilsociety@ohchr.org

• DoCip (on indigenous peoples)– www.docip.org

• Women’s International League for Peace and Freedom (on women’s rights)– www.wilpfinternational.org, inforequest@wilpf.org

• UPR Info (on UPR)– www.upr-info.org

• Forum Asia (on South-East Asia)– www.forum-asia.org, info@forum-asia.org

ECOSOC• Committee on NGOs

– ECOSOC consultative status

• Commission on the Status of Women– 45 member states elected by ECOSOC– Reports, recommendations, policy and standard setting– Follow-up to 1995 World Conference on Women

• Permanent Forum on Indigenous Issues– Composed of 16 experts– Advises ECOSOC and UN programmes, funds and

agencies– Topics: economic and social development, environment,

health, human rights, culture, and education– Coordination of indigenous issues within UN– One session per year

UN General Assembly & Third Committee• Topics:

– women, children, indigenous peoples, refugees, racial discrimination, self-determination, youth, family, ageing, disabilities, crime prevention, criminal justice, control

• Report of Human Rights Council• Reports of Special Procedures mandate

holders• Reports of Chairpersons of HRC

Working Groups• Resolutions

– Mostly thematic, some country-specific– Examples: HR defenders, torture; Syria, Myanmar, DPRK

Other UN mechanisms – Useful contacts• Conference of NGOs in consultative status

(CoNGO)– Thematic Committees:

– Committee on Human Rights– Sub-Committee on Freedom of Religion and Belief– Committee on the Status of Women– Committee on Spirituality, Values and Global Concerns– Committee on Youth

– ww.ngocongo.org

• Non-Governmental Liaison Service (NGLS)– www.un-ngls.org

Questions ?

Practical info for NGOs www.mandint.orgInfo on HR Council www.welcomedesk.orgDatabase of treaties www.whatconvention.orgDatabase of UN docs www.universalhumanrightsindex.orgFor HR Defenders www.ishr.ch