A/HRC/21/59
of complaints, cases settled remedies, timeframes, and cooperation with UN etc. He stated
that this idea could be followed up at some point.
98.
At the 9th meeting, on 16 April, the Secretariat announced that Mr. Michel Forst of
the French National Consultative Commission had informed that he would not be able to
attend the meeting as planned, due to unforeseen circumstances. Mr. Patrick Charlier, of the
Belgian Centre for Equal Opportunities and the Fight against Racism gave a presentation in
which he discussed how to choose a mechanism, the status of mechanisms and the remit of
mechanisms.
99.
National mechanisms are independent bodies to promote human rights established
by the State. Mechanisms could focus on combating discrimination or have a wider
mandate. He noted that the outcome of the mechanism rather that its structure should guide
decision-makers, adding that each country should make its own choice based on domestic
particularities and local specificities such as language, culture, federal structure, and legal
tradition. There was an on-going debate between broad thematic mechanisms versus
specialized mechanisms. The more general structures had mandates to protect, promote and
monitor. This could be advantageous because that one body had a greater capacity to
address a broad spectrum of issues and allowed for cross-fertilization with other bodies and
structures in government. As a reporting body, this national body could also prove more
effective. There were also budgetary issues and economies of scale.
100. Specialized bodies allowed for greater attention to the needs of a specific category or
group with specific needs, be they migrants, refugees, etc. A specialized mechanism should
ensure diversity in its membership, reflecting the ethnic, linguistic and cultural facets of the
country. These types of mechanisms also have a specific expertise and focus and are
perhaps more inclined to follow the relevant legislation or process such as the ICERD, UPR
and DDPA. Mr. Charlier noted that the CERD, European Commission against Racism and
Intolerance (ECRI), Council of Europe and the DDPA specifically call for this type of
mechanism.
101. The status of the mechanism was another consideration. It was advisable that
mechanisms have so-called ―360 degree‖ independence in that they are able to make
recommendations regarding the rules and regulations of the State. It must also be
independent from civil society since the mechanism is not a super-NGO either. It was
imperative that the organ had its own right to speak. It must be accessible physically and in
terms of lodging complaints and it should also have symbolic and cultural proximity to the
population.
102. A third consideration was the mandate and the body or mechanism. Both groups and
victims of discrimination as well as phenomena should fall under the mandate of the body.
He noted that it was very important to publicize the competence and the authority of the
body or mechanism to all sectors and all areas of activity where the body might act. A
broad mandate was recommended in that the mechanism should have the capacity to
protect, promote and monitor. The promotional activities should be taken in the media,
through public relations and on international days. Its protection mandate should be
complementary to that of national courts. The mechanisms should publicly disseminate its
finding, conclusions, studies etc as well as all its annual activities especially in the form of
an official annual report. The mechanism can submit amicus curiae briefs, should it wish
and take part in strategic litigation and class action lawsuits, where possible. A broad
protection mandate would allow the mechanism to follow the situation of certain groups
and also receive individual complaints.
103. The monitoring function of the mechanism ensured conformity with international
regulations and obligations; allowed for an assessment of the real state of affairs of
minorities and groups in the country and their ability to take part in society (opportunities
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