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68-716: The UN Human Rights Committee should not be confused with the more high-profile UN Human Rights Council (HRC), or the predecessor of the HRC, the UN Commission on Human Rights . Whereas the Human Rights Council (since June 2006) and the Commission on Human Rights (before that date) are UN political bodies: composed of states, established by a UN General Assembly resolution and the UN Charter, and discussing

136-409: A treaty body (or treaty-based body ) is an internationally established body of independent experts that monitor how States party to a particular international legal instrument are implementing their obligations under it. The International Law Commission defines an "expert treaty body" as: "a body consisting of experts serving in their personal capacity, which is established under a treaty and

204-762: A Consultative Group of five countries, one from each region. Following interviews by the Consultative Group, the Group provides a shortlist of candidates to the UNHRC President. Following consultations with the leadership of each regional grouping, the President presents a single candidate to be approved by the Member states of the UNHRC at the session following a new mandate's creation or on the expiration of

272-474: A Special Rapporteur for North Korea, with votes 22–7 and 18 abstentions (resolution 15, pp. 78–80). There were also varying degrees of dissent for most of the various reports criticising Israel; while on the other hand a large number of resolutions were taken unanimously without voting, including the rather severe criticism of Myanmar (resolutions 31 and 32), and the somewhat less severe on Sudan (resolution 16). Treaty bodies In international law,

340-412: A complaint should not publicly state the fact that they have submitted a complaint. To be accepted complaints must: The complaint procedure is not designed to provide remedies in individual cases or to provide compensation to alleged victims. Due to the confidential manner of the procedure, it is almost impossible to find out what complaints have passed through the procedure and also how effective

408-435: A draft of its next, forthcoming General Comment, General Comment 37 on ICCPR Article 21, the right of peaceful assembly, seeking public comments on the draft by an extended deadline of February 21, 2020. The draft has been criticized for its reliance on decisions of regional, as opposed to global, human rights bodies. The Committee's most recent General Comment (of October 30, 2018) was General Comment 36 on ICCPR Article 6, on

476-429: A five-year review process, and a three-year interval before the next review process begins. All states parties were divided into 8 groups of 21-22 states each, with the reporting process to start for each group on a different year. NGOs and other civil society organizations play a crucial role in the reporting process. Any NGO, regardless of accreditation, may submit its own reports (sometimes called "shadow reports") to

544-467: A list of issues to address, and the state's report must only answer the questions raised in that list of issues. The Committee subsequently adopted the simplified reporting procedure on a pilot basis, although it remains an optional alternative to the "regular" procedure, i.e., submission of a full report. At its 124th session in 2018, the Committee decided to adopt the simplified reporting procedure on

612-515: A number of treaty bodies, in particular in relation with international human rights law . However, there are also treaty bodies related to non-human rights instruments such as the UPOV or the INCB . The mandates of treaty bodies is generally defined in the treaty that establishes them, and sometimes by General Assembly decisions or resolutions. Treaty bodies sometimes perform additional functions than

680-500: A particular area of human rights, or working groups, usually composed of five members (one from each UN region). As of August 2017 there were 44 thematic and 12 country mandates. The mandates of the special procedures are established and defined by the resolution creating them. Various activities can be undertaken by mandate-holders, including responding to individual complaints, conducting studies, providing advice on technical cooperation, and engaging in promotional activities. Generally

748-403: A particular treaty. Complaints are confidential and the UNHRC will only communicate with the complainant, unless it decides that the complaint will be addressed publicly. The interaction with the complainant and the UNHRC during the complaints procedure will be on an as-needed basis. UNHRC Resolution 5/1, paragraph 86, emphasizes that the procedure is victims-oriented. Paragraph 106 provides that

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816-577: A permanent basis, and to encourage all states to switch to simplified reporting. It also decided to strive to limit the number of questions in each list of issues to 25. In 2019, the Committee decided to make the simplified reporting procedure the default, changing a state's selection of it from an opt-in to an opt-out model. In July 2019 the Committee decided to move, beginning in 2020, to an eight-year "Predictable Review Cycle" (PRC), under which it would schedule one review for each state party (including those states that failed to report). This cycle involves

884-688: A special session to address human rights violations and emergencies, at the request of one-third of the member states. As of November 2023 , there had been 36 special sessions. The Council consists of 47 members, elected yearly by the General Assembly for staggered three-year terms. Members are selected via the basis of equitable geographic rotation using the United Nations regional grouping system . Members are eligible for re-election for one additional term, after which they must relinquish their seat. The seats are distributed along

952-768: Is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a regional group basis. The headquarters of the Council are at the United Nations Office at Geneva in Switzerland . The Council investigates allegations of breaches of human rights in United Nations member states and addresses thematic human rights issues like freedom of association and assembly , freedom of expression , freedom of belief and religion , women's rights , LGBT rights , and

1020-517: Is not an organ of an international organization." A research guide published by the UN library lists key characteristics of human rights treaty-based bodies: Notably, the experts conforming treaty bodies usually serve in their personal capacity (i.e., not representing their country). Treaty bodies are distinct from "international organizations" as such, like United Nations agencies, programs, or other sui generis international organizations . There are

1088-521: Is offered an opportunity to comment, within a set time frame. If the Committee concludes that a violation of the ICCPR has taken place, in its follow-up procedure the Committee invites the State to provide information within 180 days on its steps to implement the Committee's recommendations. The State’s response is transmitted to the complainant for comments. If the State party fails to take appropriate action,

1156-626: Is that a complaint can be made against any state, regardless of whether it has ratified a particular treaty . Due to the limited information that is provided on the complaints procedure it is hard to make comments on the process itself, the resources it uses versus its effectiveness. In addition to the UPR, the Complaint Procedure, and the Advisory Committee, the UNHRC's other subsidiary bodies include: "Special procedures"

1224-552: Is the general name given to the mechanisms established by the Human Rights Council to gather expert observations and advice on human rights issues in all parts of the world. Special procedures are categorized as either thematic mandates, which focus on major phenomena of human rights abuses worldwide, or country mandates, which report on human rights situations in specific countries or territories. Special procedures can be either individuals (called " special rapporteurs " or "independent experts"), who are intended to be independent experts in

1292-694: Is unlikely. The Centre for Civil and Political Rights, an NGO, states that "State reports often . . . fail to describe the implementation of the Covenant in practice" and "frequently lack an honest evaluation of the difficulties the State faces in implementing the rights guaranteed under the Covenant." Late reporting and non-reporting by states is another problem. The Committee's annual report through March 2019 stated that fifteen states' "initial reports are overdue, of which 7 are overdue by between 5 and 10 years and 8 are overdue by 10 years or more." The report's Annex IV listed them; Equatorial Guinea's initial report

1360-506: The 2022 Russian invasion of Ukraine . Deputy Permanent Representative Gennady Kuzmin said that Russia had withdrawn from the council earlier in the day in expectation of the vote. Russia was only the second Human Rights Council member to be suspended from the UN body, after Libya in 2011, and it was the first permanent member of the UN Security Council to be suspended from any United Nations body. An important component of

1428-590: The World Trade Organization . The Sub-Commission on the Promotion and Protection of Human Rights was the main subsidiary body of the CHR. The Sub-Commission was composed of 26 elected human rights experts whose mandate was to conduct studies on discriminatory practices and to make recommendations to ensure that racial, national, religious, and linguistic minorities are protected by law. In 2006,

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1496-887: The rights of racial and ethnic minorities . The Council was established by the United Nations General Assembly on 15 March 2006 to replace the United Nations Commission on Human Rights (UNCHR, herein CHR). The Council works closely with the Office of the High Commissioner for Human Rights (OHCHR) and engages the United Nations special procedures . The Council has been strongly criticized for including member countries that engage in human rights abuses. The members of

1564-405: The Committee assesses whether certain recommendations have been fulfilled within one year. In July 2010, the Committee proposed a new optional reporting procedure called the "List of Issues Prior to Reporting" (LOIPR) or "Simplified Reporting Procedure". Under this system, instead of the state submitting a full report on its implementation of each article of the ICCPR, the Committee sends the state

1632-567: The Committee claiming that their rights under the ICCPR have been violated. The ICCPR is one of eight UN human rights treaties with individual complaints procedures available; two other treaties state such procedures that are not yet in force. Before considering the merits (substance) of an individual communication, the Committee must be satisfied that it is admissible. The Committee may review many factors in determining admissibility and may conclude that, for an individual communication to be admissible, it must: Individual communications that contain

1700-404: The Committee concluded that France's ban on the niqab , the full-face Islamic veil, violated human rights guaranteed under the ICCPR, in particular the rights to manifest one's religion or beliefs and to protection against discrimination. To date the Committee has issued 36 "General Comments", each of which provides detailed guidance on particular parts of the ICCPR. The Committee has circulated

1768-480: The Committee issued General Comment 35 on ICCPR Article 9, "liberty and security of person". In July 2011, the UN Human Rights Committee adopted a 52-paragraph statement, General Comment 34 on ICCPR Article 19, concerning freedoms of opinion and expression. Paragraph 48 states: The Covenant provides for inter-State complaints "that enables one State Party to charge another with a violation to

1836-408: The Committee keeps the case under consideration. Thus, the Committee maintains a dialogue with the State party and the case remains open until satisfactory measures are taken. The Committee considers individual communications in closed session, but its decisions ("Views") and any follow-up are public. Given the large number of complaints, several years may elapse between submission of a complaint and

1904-412: The Committee, comment on state reports, and attend all Committee sessions as observers. Furthermore, the Committee often holds a closed meeting with interested NGOs as part of its review of a state's report. One set of weaknesses is inherent to a system of self-reporting. Though in theory, reports should be an honest appraisal, constructive criticism of perceived failures to adhere to Covenant principles

1972-464: The Committee. This reporting system is mandated by Article 40 of the ICCPR. The frequency of the periodic reports was formerly about every five years, but starting in 2020 is every eight years. The UN has published guidance for states on reporting to the Committee and other human rights treaty bodies . The principal purpose of the report is to promote state compliance with the treaty principles and it should be an "honest appraisal of their conformity to

2040-650: The Committee’s decision on it. Information on the process and how to use it, including examples and guidelines for submitting complaints, is available from some NGOs and the United Nations . All Committee decisions on individual complaints are available in online compilations published by UN, NGO, and academic sources. The Committee has received thousands of complaints since its inception. A few of its decisions that are notable are listed below, in reverse chronological order. Among more recent decisions that attracted press and academic attention, in two October 2018 decisions

2108-484: The Council consists of a periodic review of all 193 UN member states, called the Universal Periodic Review (UPR). The mechanism is based on reports coming from different sources, one of them being contributions from non-governmental organisations (NGOs). Each country's situation will be examined during a three-and-a-half-hour debate. The first cycle of the UPR took place between 2008 and 2011,

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2176-574: The General Assembly elect the members who occupy 47 seats of the Human Rights Council. The term of each seat is three years, and no member may occupy a seat for more than two consecutive terms. The previous CHR had a membership of 53 elected by the Economic and Social Council (ECOSOC) through a majority of those present and voting. The UNHRC holds regular sessions three times a year, in March, June, and September. The UNHRC can decide at any time to hold

2244-507: The ICCPR have an obligation "to submit reports on the measures they have adopted which give effect to the rights recognized [in the ICCPR] and on the progress made in the enjoyment of those rights." The Human Rights Committee is responsible for "study[ing]" and responding to those reports submitted by states. States parties must submit an initial report within one year of the ICCPR's entry into force, and subsequent periodic reports as requested by

2312-520: The ICCPR states that the Committee is composed of 18 members from states parties to the ICCPR, "who shall be persons of high moral character and recognized competence in the field of human rights", with consideration "to the usefulness of the participation of some persons having legal experience." Also according to Article 28, the members serve in their individual capacity, rather than as representatives of their countries. As stated in Articles 29 and 30 of

2380-512: The ICCPR, they are elected by a meeting of the states parties to the ICCPR held at UN Headquarters. Based on Article 32, they serve four-year terms, with one-half of their number elected every second year. The current membership is as follows: On June 17, 2022, the States parties to the ICCPR met in New York and elected nine members of the Committee, to replace those whose terms would expire at

2448-591: The Special Rapporteur now has as his/her duty to report not only infringements of the rights to freedom of expression, but in some cases also employment of the rights, which "turns the special rapporteur's mandate on its head". Outside the UN, the amendment was criticised by organizations including Reporters Without Borders , Index on Censorship , Human Rights Watch , and the International Humanist and Ethical Union , all of whom share

2516-652: The States parties to the ICCPR met and elected nine members of the Committee, to replace those whose terms would expire at the end of 2018. There were sixteen candidates for the nine positions, not counting two who were withdrawn shortly before the election and one whose nomination was late. Those elected were Yadh Ben Achour* (Tunisia), Christopher Bulkan (Guyana), Photini Pazartzis* (Greece), Hélène Tigroudja (France), Hernán Quezada Cabrera (Chile), Gentian Zyberi (Albania), Vasilka Sancin (Slovenia), Shuichi Furuya (Japan), and Duncan Muhumuza Laki* (Uganda). Asterisks denote sitting members who were re-elected. Pierre-Richard Prosper of

2584-786: The States parties to the ICCPR met and elected nine members of the Committee, to replace those whose terms would expire at the end of 2020. There were fourteen candidates for the nine positions, not counting two who were withdrawn shortly before the election but counting one whose nomination was late (and who was elected). Those elected were Carlos Gómez Martínez (Spain), Changrok Soh (Republic of Korea), Imeru Tamerat Yigezu (Ethiopia), Mahjoub El Haiba (Morocco), José Manuel Santos Pais* (Portugal), Tania María Abdo Rocholl* (Paraguay), Wafaa Ashraf Moharram Bassim (Egypt), Kobauyah Tchamdja Kpatcha (Togo), and Marcia V.J. Kran* (Canada). Asterisks denote sitting members who were re-elected. David H. Moorre (United States) won an additional, contested "by-election" held on

2652-618: The UNHRC of cases that would be considered consistent patterns of gross human rights violations include alleged deterioration of human rights of people belonging to a minority, including forced evictions, racial segregation and substandard living conditions, and alleged degrading situation of prison conditions for both detainees and prison workers, resulting in violence and death of inmates. Individuals, groups, or NGOs can claim to be victims of human rights violations or that have direct, reliable knowledge of such violations. Complaints can be regarding any state, regardless of whether it has ratified

2720-469: The UNHRC under the complaint procedure since 2006. This was only available to the public as of 2014, however generally does not give any details regarding the situations that were under consideration other than the state that was involved. In some cases the information is slightly more revealing, for example a situation that was listed was the situation of trade unions and human rights defenders in Iraq that

2788-629: The United States was not elected, in reportedly "a first-ever defeat of a US candidate for the UN Human Rights Committee." The Committee meets three times a year for four-week sessions (spring session at UN headquarters in New York, summer and fall sessions at the UN Office in Geneva). The categories of its work, outlined below, include state reporting, individual complaints, general comments, and inter-state communications. All states parties to

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2856-458: The WGC. The UNHRC considered four complaints in their 19th session in 2012. The majority of the situations that have been considered have since been discontinued. History shows that the procedure works almost in a petition like way; if enough complaints are received then the UNHRC is very likely to assign a special rapporteur to the state or to the issue at hand. It has been said that an advantage of

2924-404: The complaint procedure shall ensure that complainants are informed of the proceedings at the key stages. The WGC may request further information from complainants or a third party. Following the initial screening a request for information will be sent to the state concerned, which shall reply within three months of the request being made. WGS will then report to the UNHRC, which will usually be in

2992-436: The contribution of candidates to the promotion and protection of human rights and their voluntary pledges and commitments made thereto", and that "members elected to the Council shall uphold the highest standards in the promotion and protection of human rights". Under those provisions, and in response to a recommendation made by the Council's members, on 1 March 2011 the General Assembly voted to suspend Libya's membership in

3060-416: The duties of the Special Rapporteur on Freedom of Expression, passed by the Human Rights Council on 28 March 2008, gave rise to sharp criticism from western countries and human rights NGOs. The additional duty is phrased thus: (quoted from p. 67 in the official draft record of the council). The amendment was proposed by Egypt and Pakistan and passed by 27 votes to 15 against, with three abstentions with

3128-519: The end of 2022. There were seventeen candidates for the nine positions, including one whose nomination was late. Those elected were Yvonne Donders (The Netherlands), Hélène Tigroudja * (France), Bacre Waly Ndiaye (Senegal), Tijana Šurlan (Serbia), Koji Teraya (Japan), Farid Ahmadov (Azerbaijan), Laurence R. Helfer (United States), Rodrigo A. Carazo (Costa Rica), and Hernán Quezada Cabrera* (Chile). Asterisks denote sitting members who were re-elected. On September 17, 2020 (postponed from June 15, 2020),

3196-500: The entire range of human rights concerns; the Human Rights Committee is a UN expert body: composed of persons, established by the ICCPR, and discussing matters pertaining only to that treaty. The Human Rights Committee is often referred to as CCPR (Committee on Civil and Political Rights) in order to avoid that confusion. The ICCPR states the basic rules for the membership of the Human Rights Committee. Article 28 of

3264-441: The following lines: The General Assembly can suspend the rights and privileges of any Council member that it decides has persistently committed gross and systematic violations of human rights during its term of membership. The suspension process requires a two-thirds majority vote by the General Assembly. The resolution establishing the UNHRC states that "when electing members of the Council, Member States shall take into account

3332-415: The form of a draft resolution or decision on the situation referred to in the complaint. The UNHRC will decide on the measures to take in a confidential manner as needed, but this will occur at least once a year. As a general rule, the period of time between the transmission of the complaint to the state concerned and consideration by the UNHRC shall not exceed 24 months. Those individuals or groups who make

3400-520: The light of the situation in the country in the wake of Muammar Gaddafi 's "violent crackdown on anti-government protestors"; Libya was reinstated as a Council member on 18 November 2011. On 7 April 2022, just days after photographic and video material of the Bucha massacre emerged, the eleventh emergency special session of the General Assembly suspended Russia from the council due to the gross and systematic violations of human rights committed during

3468-559: The necessary prima facie elements are referred to the Committee’s Special Rapporteur on New Communications and Interim Measures, who decides whether the case should be registered. At that point, the case is transmitted to the State party, which is requested to submit its observations within six months, under Article 4 of the First Optional Protocol. Once the State replies to the complaint, the complainant

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3536-862: The newly created UNHRC assumed responsibility for the Sub-Commission. The Sub-Commission's mandate was extended for one year (to June 2007), but it met for the final time in August 2006. At its final meeting, the Sub-Commission recommended the creation of a Human Rights Consultative Committee to provide advice to the UNHRC. In September 2007, the UNHRC decided to create an Advisory Committee to provide expert advice with 18 members, distributed as follows: five from African states; five from Asian states; three from Latin American and Caribbean states; three from Western European and other states; and two members from Eastern European states. The UNHRC complaint procedure

3604-513: The part of States, and that the level of States compliance with treaty body recommendations is only 19%. Other widely noted problems include the backlog of the Committee and the heavy burden on states, particularly small states. States that are party to the First Optional Protocol to the ICCPR (currently 116 countries) have agreed to allow persons within their jurisdiction to submit complaints ("individual communications") to

3672-421: The procedure is the confidential manner, which offers the ability to engage with the state concerned through a more [diplomatic] process, which can produce better results than a more adversarial process of public accusation. The procedure is considered by some a useful tool to have at the disposal on the international community for situations where naming and shaming has proved ineffective. Also another advantage

3740-416: The procedure is. There is a principle of non-duplication, which means that the complaint procedure cannot take up the consideration of a case that is already being dealt with by a special procedure, a treaty body or other United Nations or similar regional complaints procedure in the field of human rights. On the UNHRC website under the complaints procedure section there is a list of situations referred to

3808-459: The right to life (replacing General Comments 6 and 14, of 1982 and 1984, respectively). Of its seventy paragraphs, twenty address capital punishment , in a section headed "The death penalty." One commentator has stated that its description of how the right to life applies during situations of armed conflict and its statement of the relationship between international human rights law and international humanitarian law are noteworthy. In December 2014

3876-457: The same date, to elect a member to complete the term ending December 31, 2020, of Ilze Brands Kehris (Latvia), who had resigned effective December 31, 2019, upon her appointment as UN Assistant Secretary-General for Human Rights. On August 28, 2018, Andreas B. Zimmermann (Germany) won an uncontested by-election to complete the term ending December 31, 2020, of Anja Seibert-Fohr (Germany), who had resigned effective March 1, 2018. On June 14, 2018,

3944-440: The second cycle between 2012 and 2016, and the third cycle began in 2017 and is expected to be completed in 2021. The General Assembly resolution establishing the Council provided that "the Council shall review its work and functioning five years after its establishment". The main work of the review was undertaken in an Intergovernmental Working Group established by the Council in its Resolution 12/1 of 1 October 2009. The review

4012-504: The special procedures mandate-holders report to the Council at least once a year on their findings. Mandate-holders of the special procedures serve in their personal capacity, and do not receive pay for their work. The independent status of the mandate-holders is crucial to be able to fulfill their functions in all impartiality. The OHCHR provides staffing and logistical support to aid each mandate-holders in carrying out their work. Applicants for Special Procedures mandates are reviewed by

4080-537: The support of other members of the Organisation of the Islamic Conference , China, Russia, and Cuba. As a result of the amendment over 20 of the original 53 co-sponsors of the main resolution – to renew the mandate of the Special Rapporteur – withdrew their support, though the resolution was carried by 32 votes to 0, with 15 abstentions. Inter alia the delegates from India and Canada protested that

4148-405: The term of an existing mandate holder. Country mandates must be renewed yearly by the UNHRC; thematic mandates must be renewed every three years. Mandate-holders, whether holding a thematic or country-specific mandate, are generally limited to six years of service. The list of thematic special procedures mandate-holders can be found here: United Nations special rapporteur The amendments to

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4216-541: The treaty obligations". Following the submission of a state's report, representatives of the state appear before the Committee in Geneva or New York to discuss the report, in an in-person constructive dialogue which is generally webcast live on UN Web TV. Following this dialogue, the Committee drafts and adopts its concluding observations, a document including positive aspects, subjects of concern, and suggestions and recommendations. Subsequently, under its follow-up procedure,

4284-502: The treaty." "[N]o interstate complaint mechanism has yet been submitted" (up to 2009). This is still a matter of jurisdiction and it is optional to the committee of whether or not they will accept such complaint or not. United Nations Human Rights Council "All victims of human rights abuses should be able to look to the Human Rights Council as a forum and a springboard for action." — Ban Ki-moon , UN Secretary-General , 2007 The United Nations Human Rights Council ( UNHRC )

4352-414: The view that the amendment threatens freedom of expression. In terms of the finally cast votes, this was far from the most controversial of the 36 resolutions adapted by the 7th session of the Council. The highest dissents concerned combating defamation of religions, with 21 votes for, 10 against, and 14 abstentions (resolution 19, pp. 91–97), and the continued severe condemnation of and appointment of

4420-456: Was 30 years overdue. That Annex also listed thirteen states whose periodic reports were ten years or more overdue, with Afghanistan's overdue by 22 years, and Nigeria's overdue by 19; ten states whose periodic reports were five to ten years overdue; and 28 states whose periodic reports were overdue by less than five years. CSW , a UK-based NGO, asserts that "there remains a relatively low level of engagement and implementation of recommendations" on

4488-447: Was considered in 2012, but the UNHRC decided to discontinue that consideration. The complaints procedure has been said to be too lenient due to its confidential manner. Some have often questioned the value of the procedure, but 94% of states respond to the complaints raised with them. The OHCHR receives between 11,000 and 15,000 communications per year. During 2010–11, 1,451 out of 18,000 complaints were submitted for further action by

4556-441: Was established on 18 June 2007 (by UNHRC Resolution 5/1) for reporting of consistent patterns of gross and reliably attested violations of human rights and fundamental freedoms in any part of the world and under any circumstances. The UNHRC set up two working groups for its Complaint Procedure: The Chairman of the WGC screens complaints for admissibility. A complaint must be in writing, and cannot be anonymous. Examples provided by

4624-552: Was finalized in March 2011, by the adoption of an "Outcome" at the Council's 16th session, annexed to Resolution 16/21. First cycle: The following terms and procedures were set out in General Assembly Resolution 60/251: Second cycle: HRC Resolution 16/21 brought the following changes: Similar mechanisms exist in other organizations: International Atomic Energy Agency , Council of Europe , International Monetary Fund , Organization of American States , and

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