A/HRC/5/21
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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
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