A/HRC/43/37
was suggested that OHCHR draft a handbook to disseminate summaries of the reports and
recommendations of the Advisory Committee. In addition, it was recommended that the
Advisory Committee, for its part, make more actionable recommendations, trying to
identify entities able to implement them.
B.
Confidential complaint procedure
17.
The confidential complaint procedure is the only universal complaint mechanism
covering all rights in all States, without distinction. A complaint can be submitted by
individuals or civil society organizations against any State, irrespective of whether the State
has ratified any particular treaty. This alone makes it a potentially valuable tool. Moreover,
two aspects of the methods of work of the complaint procedure’s working groups (on
communications and on situations) have proved to be real assets in terms of prevention.
First, the confidential nature of the complaint procedure encourages greater cooperation
from the State concerned. 2 Second, both working groups have adopted a victim-centred
approach, which enables them, when needed, to enter into a written dialogue with
complainants and to keep them informed of the proceedings, and to explore with the States
concerned the measures necessary to provide effective remedies for the victims. These
methods of work have led to the release of detainees, bloggers and political opponents;
reduced prison sentences; the adoption of amnesty laws; the alignment of national laws
with international human rights standards; the granting of compensation to victims; and the
establishment of independent national commissions of inquiry. The complaint procedure
has also contributed to truth and reconciliation processes by declassifying information at
the request of some States. It has also led some States to increase their engagement with
human rights mechanisms, including by accepting country visits by special procedures.
18.
The complaint procedure, however, is not sufficiently known despite outreach
activities, including briefings for States and civil society organizations, and the publication
of an information booklet. More briefings should be conducted. The decision of the
Working Group on Communications to enhance its visibility by using social media and
other technologies is a welcome initiative.
19.
The proceedings of both working groups are based only on written materials, which
always slows down their progress. To increase the efficiency of the working groups,
notably to address urgent situations, the possibility for them to conduct country visits could
be explored, as well as holding hearings with victims and representatives of the States
concerned. In addition, the merit of the non-duplication principle, which prevents the
complaints procedure from using data from other United Nations communications
procedures, should be revisited for the complaints procedure to gain access to sufficient
data to identify consistent patterns of violations more efficiently. Synergies with other
human rights mechanisms should also be enhanced. For instance, the Working Group on
Communications could participate in the annual or coordination meetings of the special
procedures and treaty bodies.
20.
For the complaints procedure to make a real difference, its work would need to be
significantly scaled up. Only 11 situations concerning 8 countries have been forwarded to
the Council for further consideration since the procedure was set up. The consultations
showed that discontinued cases may need to be followed up, since discontinuation of a
particular case may not always imply the absence of a pattern of violations. This follow-up
should be done by the Working Group on Situations, which is the natural channel to engage
in a constructive dialogue with States.
C.
Forums and open-ended intergovernmental working groups
21.
The forums and open-ended intergovernmental working groups have a preventive
potential, especially concerning the need for particular attention on the human rights
protection of certain groups (indigenous peoples, minorities, children, ethnic and racial
groups, peasants and people working in rural areas), in specific contexts (the business
2
The response rate from the States concerned to communications is greater than 90 per cent.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents