Summary
Franciscans
International (FI), together with Amnesty International,
The World Organization Against Torture, Forum Asia and
several other organizations, has launched a Global
Petition to support a strengthened system of Special
Procedures at the United Nations (UN) Human Rights
Council. The group is calling the international community
to take action by signing their petition at www.actforspecialprocedures.org
The "Special Procedures" refer to the UN Human
Rights Council's (formerly the UN Human Rights
Commission) system of independent experts which monitors
and reports on the situation of human rights in different
parts of the world. The Special Procedures are
"among the most innovative, flexible and responsive
tools created by the UN to promote and protect human
rights." They cover various human rights issues of
great concern such as the right to education, right to
food, rights of migrants and of minorities, freedom of
religion, human trafficking, violence against women, to
name a few. The Special Procedures have helped thousands
of individuals whose rights were violated or threatened.
The UN Human Rights Council is currently discussing
changes to the Special Procedures through a review, which
is expected to be completed by June 2007. The Global
Petition raises concerns that, "despite the clear
need for the Human Rights Council to strengthen the
Special Procedures, several states are instead proposing
changes that would cripple the ability of Special
Procedures to promote and protect human rights
effectively."
The Petition aims to collect signatures to demonstrate
mass support for the mechanisms from all regions, thereby
putting pressure on UN member States during their
negotiations. You are all urged to sign this petition to
show the global support for the protection and
strengthening of the Special Procedures.
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Action Requested
Please write polite letters expressing your
concern and request the authorities to:
Please sign the attached petition
and ensure that it reaches The Director of
Amnesty International, International Law and
Organizations Program by 16 April 2007.
Address:
Amnesty International,
International Secretariat,
1 Easton Street,
London WC1X 0DW, UK.
Fax: +44-20-7 956 1157
Copies of the Petition can be downloaded here. You can also
make more copies, sign and send the attached
petition.
Or sign the online petition now
at: www.actforspecialprocedures.org
Kindly inform us of the action
you have taken, especially on the printed
version, so that we can keep the organizers
informed.
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Background
The UN
Special Procedures consist of over 40 thematic and
country mandates held by independent experts and working
groups - the UN Human Rights Council's Special
Rapporteurs and representatives. These monitor the
situation of human rights, receive individual complaints
by victims of violations and make recommendations to
States and other actors. Through their reports and
actions they provide an independent and impartial
assessment of the human rights situation in different
countries, as well as an effective protection mechanism
for people at risk.
At the creation of the new Human Rights Council in 2006,
the General Assembly required the Council to undertake a
review of the system as a whole and of the individual
mandates. As the Council is not obliged to retain the
present system of Special Procedures, there is concern
that the review will weaken the system instead of
building on past achievements and strengths. Among the
problems and criticisms raised about the system are the
lack of cooperation by States, coordination issues among
mandate holders, the overlap between mandates, the lack
of consistency regarding working methods and the
appointment procedure.
According to the International Service for Human Rights
(ISHR) report on the implications of the review (July
2006), the process poses both as an opportunity to
strengthen the system, and a threat of being misused to
limit and restrain mandate holders' ability to act
effectively and independently.
The main issues of concern raised in the report include:
[Selection and appointment of mandate holders]
The current system of appointment is not sufficiently
transparent and lacks public accountability. The
opportunity to establish a transparent and consultative
process should not undermine the mandate holders'
independence from States which is essential to
effectively monitor and act upon violations committed by
State authorities.
[Interaction with the media]
It has been suggested that mandate holders should not be
permitted to make public statements or speak with the
press concerning alleged human rights violations unless
it has been previously discussed with the State
concerned. This would potentially restrict the ability of
the Special Rapporteurs or Representatives to use press
releases and other effective tools to pressure
governments in cases of immediate human rights violations
and compromise the effectiveness of the system.
[Admissibility criteria for individual communications]
When receiving individual communications, the Special
Procedures are aimed at informing State authorities of
the allegations received, and request them to take action
to end or prevent violations. This lack of formality
allows for quick reaction by mandate holders and States.
Several States suggested that specific and stringent
criteria should be introduced, particularly that domestic
remedies be exhausted before a communication can be
accepted. This would add serious burden on complainants'
and mandate holders, making this procedure less effective
and less accessible to victims of violations and other
people at risk.
[Rationalization of mandates]
Some States have called for consolidation and reduction
of mandates, as well as the need to rationalize each
existing mandate to avoid overlap and duplication. Some
counter arguments are that overlaps were due to the
overlapping nature of human rights issues and as such are
being managed by the mandate holders themselves through
greater coordination. NGOs fear that the rationalization
exercise may be used to terminate mandates that are
considered by some States to be too effective at
highlighting violations within countries.
The Global Petition was launched jointly by the African
Centre for Democracy, Human Rights Studies, Amnesty
International (AI), the Association for the Prevention of
Torture (APT), the Centre on Housing Rights and Evictions
(COHRE), Democracy Coalition Project, Forum Asia,
Franciscans International, Human Rights Watch, the
International Commission of Jurists, the International
Federation for Human Rights (FIDH), the International
Federation of Action by Christians for the Abolition of
Torture, the International Service for Human Rights
(ISHR), Justica Global and the World Organization against
Torture (OMCT).
The organisers of the Global Petition believe that there
is a need to complement lobbying efforts with visible
campaigning activity, thus the Petition aims to galvanize
support for the Special Procedures through the collection
of electronic and hard copy signatures from all over the
world.
Further information about the Special Procedures can be
found at the UN web site: http://www.ohchr.org/english/bodies/chr/special/index.htm
and various links at the bottom of the Global Petition at
www.actforspecialprocedures.org.
Source:
ISHR :Review of the System of Special
Procedures by the Human Rights Council: What Challenges
for the Mandate on Human Rights Defenders" July 2006
[http://ishr.ch/hrdo/publications/lobbying_package.pdf]
Franciscans International
[http://www.franciscansinternational.org/news/article.php?id=1313]
OMCT
Forum Asia (includes specific suggestions for people or
groups working at various levels)
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