C. Working groups
89.
Two distinct working groups shall be established with the mandate to examine the communications and
to bring to the attention of the Council consistent patterns of gross and reliably attested violations of human
rights and fundamental freedoms.
90.
Both working groups shall, to the greatest possible extent, work on the basis of consensus. In the
absence of consensus, decisions shall be taken by simple majority of the votes. They may establish their own
rules of procedure.
1. Working Group on Communications: composition, mandate and powers
91.
The Human Rights Council Advisory Committee shall appoint five of its members, one from each
Regional Group, with due consideration to gender balance, to constitute the Working Group on
Communications.
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.
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