83.
Member States and observers, including States that are not members of the Council, the specialized
agencies, other intergovernmental organizations and national human rights institutions, as well as nongovernmental organizations shall be entitled to participate in the work of the Advisory Committee based on
arrangements, including Economic and Social Council resolution 1996/31 and practices observed by the
Commission on Human Rights and the Council, while ensuring the most effective contribution of these entities.
84.
The Council will decide at its sixth session (first session of its second cycle) on the most appropriate
mechanisms to continue the work of the Working Groups on Indigenous Populations; Contemporary Forms of
Slavery; Minorities; and the Social Forum.
IV. COMPLAINT PROCEDURE
A. Objective and scope
85.
A complaint procedure is being established to address consistent patterns of gross and reliably attested
violations of all human rights and all fundamental freedoms occurring in any part of the world and under any
circumstances.
86.
Economic and Social Council resolution 1503 (XLVIII) of 27 May 1970 as revised by resolution
2000/3 of 19 June 2000 served as a working basis and was improved where necessary, so as to ensure that the
complaint procedure is impartial, objective, efficient, victims-oriented and conducted in a timely manner. The
procedure will retain its confidential nature, with a view to enhancing cooperation with the State concerned.
B. Admissibility criteria for communications
87.
A communication related to a violation of human rights and fundamental freedoms, for the purpose of
this procedure, shall be admissible, provided that:
(a)
It is not manifestly politically motivated and its object is consistent with the Charter of the
United Nations, the Universal Declaration of Human Rights and other applicable instruments in the field of
human rights law;
(b)
be violated;
It gives a factual description of the alleged violations, including the rights which are alleged to
(c)
Its language is not abusive. However, such a communication may be considered if it meets the
other criteria for admissibility after deletion of the abusive language;
(d)
It is submitted by a person or a group of persons claiming to be the victims of violations of
human rights and fundamental freedoms, or by any person or group of persons, including non-governmental
organizations, acting in good faith in accordance with the principles of human rights, not resorting to politically
motivated stands contrary to the provisions of the Charter of the United Nations and claiming to have direct and
reliable knowledge of the violations concerned. Nonetheless, reliably attested communications shall not be
inadmissible solely because the knowledge of the individual authors is second-hand, provided that they are
accompanied by clear evidence;
(e)
It is not exclusively based on reports disseminated by mass media;
(f)
It does not refer to a case that appears to reveal a consistent pattern of gross and reliably
attested violations of human rights already being dealt with by a special procedure, a treaty body or other United
Nations or similar regional complaints procedure in the field of human rights;
(g)
Domestic remedies have been exhausted, unless it appears that such remedies would be
ineffective or unreasonably prolonged.
88.
National human rights institutions, established and operating under the Principles Relating to the Status
of National Institutions (the Paris Principles), in particular in regard to quasi-judicial competence, may serve as
effective means of addressing individual human rights violations.
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