A/HRC/14/24
volumes should be discontinued and an integrated, publicly available, searchable and
constantly updated database should be put online. Data management and statistical analysis
experts should be consulted to design a database which is more readily able to be integrated
with other directly relevant databases within and outside the United Nations system.
14.
Communications should be publicly available online within a fixed period, which
could be set at three months after the deadline for a Governmental response. At present,
communications remain confidential until published in the annual report, a procedure which
might involve a delay of as little as two months or one closer to two years, depending
entirely on the fortuitous timing of the report and the communication.
15.
A fourth step involves revisiting the rules that require the submission of the original
complaint by those affected or those claiming to have direct or reliable knowledge of the
violation. This rule is often interpreted as being the flip side of the rule that complaints may
not be based entirely on media reports or even reports from non-governmental
organizations, unless they are specifically submitted to the Special Rapporteur. These rules
were designed for another age, well before the communications revolution of the late
twentieth century. Their entirely legitimate objective is to deter false reports and to
emphasize that the credibility of sources must be a key consideration. But today’s reality is
that those affected might have no access to the United Nations, let alone to Special
Procedures, those with reliable knowledge such as national or international NGOs might
not bother sending a complaint to the United Nations when their information is rapidly
made available online, and the “mass media” is no longer the limited group that it once was
but is now a much more diffuse and heterogeneous concept.
16.
A fifth step is to pay more attention to the ways in which the information generated
by the various communications systems is used. In general, most of it remains very poorly
integrated into the broader United Nations human rights system. Means could easily be
devised to enhance its relevance to thematic or country specific debates, to the work of the
treaty bodies, to efforts to integrate human rights information into mainstreaming activities
and into the universal periodic review process.
17.
A sixth and final step (these steps can be taken more or less simultaneously) is to
respond when countries have consistently poor levels of cooperation or meaningful
engagement with a Special Rapporteur’s communications process. Those that fail to
respond year after year should surely be asked why this is so by the Council. To do
otherwise indicates that the communications procedure, despite its significant cost, is not
being taken seriously as a means of responding to alleged violations.
B.
Country fact-finding visits
18.
During the six years that I have held this mandate, I have visited 14 countries. Since
I last reported to the Council, three visits have taken place: Colombia from 8 to 18 June
2009 (A/HRC/14/24/Add.2), the Democratic Republic of the Congo from 5 to 15 October
2009 (A/HRC/14/24/Add.3), and Albania from 15 to 23 February 2010
(A/HRC/14/24/Add.9). Countries visited in prior years were: Nigeria (June-July 2005), Sri
Lanka (November-December 2005), Guatemala (August 2006), Israel and Lebanon
(September 2006, joint mission), the Philippines (February 2007), Brazil (November 2007),
the Central African Republic (January-February 2008), the United States of America (June
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