A/HRC/2/2
A/HRC/Sub.1/58/36
page 86
1. Treaty monitoring bodies
41.
It must be clarified that TMBs continue to be a free-standing part of the United Nations
human rights system, since their activities are not subject to the authority of HRCC but to a
treaty regime. Only one issue appears to be relevant in this context. There is a need for
coordination and cooperation between TMBs and HRCC with regard to the identification of
thematic and procedural lacunae. To meet that need, the coordination (inter-committee) meeting
of TMBs could be invited to consider including on its agenda an item on identification of
thematic and procedural lacunae, and consideration could be given to a representative of HRCC
attending that part of the meeting.
2. Special procedures
42.
The principal function of the special procedures is to monitor implementation on the
basis of agreed standards. It is not, generally speaking, their role to set standards, but to apply
them. That said, they may, over time, assist in clarifying the scope of their respective mandates.
43.
It is necessary to distinguish between different types of special procedures. There are
country special rapporteurs, whose mandate is limited to a particular State; thematic special
rapporteurs who monitor implementation of an agreed norm and thematic special rapporteurs
who reflect upon an issue (e.g. human rights and international solidarity; the effects of economic
reform policies and foreign debt on the full enjoyment of human rights, particularly economic,
social and cultural rights). Generally speaking, monitoring is probably best carried out by an
individual, but reflective work, while it can initially be carried out by an individual, benefits
from discussion in a wider expert group.
44.
In the process of rationalization, equal weight must be given to civil and political rights
and economic, social and cultural rights. The WGs of the Sub-Commission and the
Sub-Commission as a whole renew their request that all the special procedures (and also TMBs)
should include consideration of the situation of marginalized groups, including but not limited to
indigenous peoples and members of minorities, women, children, the elderly and the disabled, in
the discussion of any issue under consideration.
45.
Cooperation needs to be improved between the special procedures and other parts of the
human rights system. This has significant implications for the Council, to which the special
procedures report.17
46.
In addition, so as to improve both cooperation and coherence, it is proposed that thematic
special procedures be invited to attend the sessions of HRCC, as and where necessary, and that a
member of HRCC should be present, on the basis of equal status, at coordinating meetings of the
special procedures.
17
They also report to the General Assembly.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents