The United Nations Declaration on the
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- 2.1. Functions of special procedures
- 2.2. Special procedures and indigenous peoples
- 2.3. Contribution of NHRIs to special procedures
- 2.4. Country visits 277
2. Special proceduresThe special procedures of the Human Rights Council are independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective. The system of special procedures is a central element of the United Nations human rights machinery and covers all human rights: civil, cultural, economic, political, and social. As of 1 January 2013, there are 36 thematic and 12 country mandates.275 2.1. Functions of special proceduresAlthough the mandates given to the special procedures vary, there is some uniformity in their methods of work. Most special procedures: Undertake studies, through which they contribute to the development of international human rights law Investigate situations of human rights arising under the mandate Conduct country visits Receive and consider complaints from victims of human rights violations and intervene with States on their behalf through urgent appeals and letters of allegation Report to the Human Rights Council and to other intergovernmental bodies, such as the General Assembly, on their findings, conclusions and recommendations.
Highlighting the unique nature of indigenous peoples’ human rights, the Commission on Human Rights established a Special Rapporteur on the rights of indigenous peoples in 2001 (see Chapter 13 for detailed discussion). 2.3. Contribution of NHRIs to special proceduresNHRIs can contribute to each facet of a special procedure’s mandate. In particular, NHRIs can draw attention to indigenous peoples’ human rights issues as they relate to the mandates of the different special procedures. Cooperative engagement can enhance the functioning of NHRIs and the special procedures in undertaking their mutually reinforcing roles. Deep cooperation is beneficial to protecting and promoting the realization of human rights at the national level.276 2.4. Country visits277Conducing country visits is one of the most important functions of the special procedures. Country visits cannot be undertaken without the approval of the relevant State. The terms of reference for country visits, adopted in 1998, provide that the special procedures and the staff assisting them should have: Freedom of movement in the whole country, in particular to restricted areas Freedom of inquiry, in particular as regards: Access to all prisons, detention centres and places of interrogation Contacts with central and local authorities of all branches of government Contacts with representatives of NGOs, other private institutions and the media Confidential and unsupervised contact with witnesses and other private persons, including persons deprived of their liberty Full access to all relevant documentary material Assurance by the Government that persons who have been in contact with the special procedures will not be penalized or suffer retribution of any kind Appropriate security arrangements without, however, restricting the special procedures’ freedom of movement and inquiry.278 During a country visit, the special procedure will meet with government officials, the NHRI, local NGOs and local experts, including victims and others affected most by the situation, to hear their views on the issue. Where relevant, the special procedure should meet with indigenous peoples’ organizations to seek their views and input. A country visit by a special procedure is one of the most effective means of bringing a human rights situation to international attention. It can therefore be an important means by which the NHRI can build international support for its work and, in this way, increase its effectiveness. A special procedure making a country visit generally has limited knowledge of the country and needs access to local expertise. The NHRI can provide its knowledge and experience to support and advise the special procedure. After the visit, the special procedure finalizes and releases the report of the visit and participates in an interactive dialogue during a regular session of the Human Rights Council. The “A status” NHRI of the country visited can address, in person or by video, the Human Rights Council immediately after the State concerned when the report is presented.279 NHRIs have an important role in following up on the report issued by the special procedure. They should widely disseminate the report, particularly to indigenous peoples. In addition, they can monitor the steps taken by the State to implement the recommendations from the report. NHRIs could also organize follow-up seminars or roundtable discussions on the report and its recommendations with key indigenous peoples’ organizations and public officials. The report is an authoritative source of information that NHRIs can draw on in their role to make recommendations to the Government and others on the human rights situation of indigenous peoples. It can also provide significant guidance to inform the work plans of NHRIs, as well as the development of national action plans on human rights. Finally, NHRIs can regularly communicate with the special procedure and provide information on progress that has occurred in the implementation of the report’s recommendations.
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