A/HRC/10/24
page 14
F. Developing a common approach to special crisis situations
47. Participants started a discussion on the development of a common approach to serious
crisis situations. The former Special Rapporteur on the right to adequate housing as a component
of the right to an adequate standard of living, Miloon Kothari, introduced a background paper on
this issue.
48. As the previous five years had seen an increase in joint activities by mandate-holders in the
form of joint communications, joint missions and joint statements, the former Special Rapporteur
suggested that collective responses by mandate-holders should be systematized, distinguishing
between preventative work by mandate-holders in cases where certain situations could spiral into
grave human rights violations, and collective work in cases of emergency situations. A number
of joint initiatives that the special procedures could take were identified, including the
formulation of recommendations to relevant neighbouring countries, the international
community or United Nations agencies to assist the country concerned. Requesting the
Human Rights Council to hold a special session on a crisis situation and playing, wherever
possible, a mediatory role in ensuring that dialogue took place among actors responsible for the
crisis were also mentioned as potentially valuable tools.
49. Thanking the former Special Rapporteur for his contribution, the Chairperson of the annual
meeting added that collective action by the special procedures should take place under
well-defined circumstances, such as the existence of an emergency; a threat to peace and
security; the imminent or pending character of a humanitarian crisis; the threat of a genocide,
war crimes or crimes against humanity; or the existence of a risk of widespread or systematic
human rights violations (see paragraph 54 below).
50. A participant stressed that disaster and post-disaster situations should be of particular
concern to the special procedures as it was important to determine appropriate human rights
frameworks timely and to remind Governments of their international obligations relating to their
responsibility to protect populations in situations of humanitarian crisis. Mandate-holders should
also play a role in advocating for human rights protection with United Nations or aid agencies
while distributing humanitarian aid. Participants stressed that the special procedures were
uniquely placed to act as an early warning system in relation to situations involving serious
human rights violations thanks to their ability to monitor the situation in any country of the
world in the context of their specific mandates. It was also mentioned that the elaboration of
general comments or guidelines by several mandate-holders on the requirements of human rights
in the context of reactions to humanitarian crises could be developed.
G. Legal issues: amicus curiae briefs and other
51. The Assistant Secretary-General for Legal Affairs, Larry D. Johnson, briefed
mandate-holders on the issue of submitting amicus briefs before courts or participating in
judicial proceedings in another capacity, particularly in relation to the scope of their
immunities and privileges.
52. The Assistant Secretary-General reminded mandate-holders that, while the submission of
briefs in legal procedures before national courts was a useful and important tool, they needed to
be carefully considered to advance the law incrementally. Without prejudice to the independence
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents