A/HRC/10/24
page 15
of the special procedures system, the Assistant Secretary-General and the OHCHR Legal
Adviser, Mona Rishmawi, reminded participants that amicus briefs should be carefully worded
and that a disclaimer should be issued explaining that mandate-holders were expressing their
own views, which did not necessarily reflect those of the United Nations or those of the
Secretary-General. The latter, through the Office of Legal Affairs, should also be informed about
any briefs submitted. The Assistant Secretary-General noted that, when submitting amicus curiae
briefs, special procedures were considered “experts on mission”. They are accorded immunity
from personal arrest and detention; they are also granted immunity in respect of words spoken or
written and acts by them in the course of the performance of their mission; and immunity from
legal process of every kind. However, they should be careful not to be drawn into situations
where their participation in certain legal procedures could be interpreted as a waiver of those
privileges and immunities. Should a question arise as to their privileges and immunities,
mandate-holders were encouraged to always seek the advice of the Office of Legal Affairs.
H. Procedures for unusual but vital reporting
53. Mandate-holders discussed a number of situations for which follow-up through reporting
or public statements by special procedures acting collectively was considered important,
including secret places of detention, the situation of migrants and serious human rights violations
in countries for which no geographic mandate had been established. The Chairperson proposed
that, in the light of past practice, an agenda item should be added to the forthcoming meetings of
special procedures in order to discuss similar topics.
54. Participants discussed the procedure to bring special situations to the attention of the
annual meeting. They agreed that any situation of concern should be first brought to the attention
of the Committee, which would decide on further action in the light of the guidelines agreed on
at the fifteenth annual meeting. The Committee would examine the case and put the matter on
the agenda of the annual meeting when the criteria for common action (see paragraph 49 above)
are met.
VI.
EXCHANGE OF VIEWS WITH THE
DEPUTY HIGH COMMISSIONER
55. Addressing the annual meeting of the special procedures mandate-holders on behalf of the
High Commissioner, the Deputy High Commissioner underlined their crucial role in the
universal human rights protection system. She noted that special procedures had been faced over
recent years with a number of challenges that had triggered a collective, fruitful reflection on
enhancing their effectiveness. She stressed the impact of the establishment of a committee on the
increased effectiveness and coordination of the special procedures.
56. The Deputy High Commissioner welcomed the appointment of mandate-holders under
the new selection procedure. She thanked the Committee and OHCHR staff members supporting
it for their engagement. Noting the termination of three country mandates, the Deputy
High Commissioner mentioned the creation of two new thematic mandates - contemporary forms
of slavery, including its causes and consequences, and the right to access to safe drinking water
and sanitation - which would undoubtedly help to fill existing protection gaps.
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