Article 5 - Solemn declaration
Prior to assuming their functions, mandate-holders shall make the following solemn declaration in
writing:
“I solemnly declare that I shall perform my duties and exercise my functions from a completely
impartial, loyal and conscientious standpoint, and truthfully, and that I shall discharge these functions
and regulate my conduct in a manner totally in keeping with the terms of my mandate, the Charter of the United
Nations, the interests of the United Nations, and with the objective of promoting and protecting human rights,
without seeking or accepting any instruction from any other party whatsoever.”
Article 6 - Prerogatives
Without prejudice to prerogatives for which provision is made as part of their mandate, the mandateholders shall:
(a)
Always seek to establish the facts, based on objective, reliable information emanating from
relevant credible sources, that they have duly cross-checked to the best extent possible;
(b)
Take into account in a comprehensive and timely manner, in particular information provided
by the State concerned on situations relevant to their mandate;
(c)
Evaluate all information in the light of internationally recognized human rights standards
relevant to their mandate, and of international conventions to which the State concerned is a party;
(d)
Be entitled to bring to the attention of the Council any suggestion likely to enhance the
capacity of special procedures to fulfil their mandate.
Article 7 - Observance of the terms of the mandate
It is incumbent on the mandate-holders to exercise their functions in strict observance of their mandate
and in particular to ensure that their recommendations do not exceed their mandate or the mandate of the
Council itself.
Article 8 - Sources of information
In their information-gathering activities the mandate-holders shall:
(a)
Be guided by the principles of discretion, transparency, impartiality, and even-handedness;
(b)
Preserve the confidentiality of sources of testimonies if their divulgation could cause harm to
individuals involved;
(c)
Rely on objective and dependable facts based on evidentiary standards that are appropriate to
the non-judicial character of the reports and conclusions they are called upon to draw up;
(d)
Give representatives of the concerned State the opportunity of commenting on mandateholders’ assessment and of responding to the allegations made against this State, and annex the State’s written
summary responses to their reports.
Article 9 - Letters of allegation
With a view to achieving effectiveness and harmonization in the handling of letters of allegation by
special procedures, mandate-holders shall assess their conformity with reference to the following criteria:
rights;
(a)
The communication should not be manifestly unfounded or politically motivated;
(b)
The communication should contain a factual description of the alleged violations of human
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