BHRC
UNICEF
Special Procedures
www.ohchr.org
By Smita Shah
(c)Smita Shah November 2012.
Not to be reproduced in whole or in part without permission
Introduction
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Established by Human Rights Council
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Mandate?
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Country specific – Burundi, Belarus (2012),
Cambodia, Cote D'Ivoire, Eritrea (2012), Iran
(2011), Korea, Haiti, Myanmar, OPT, Somalia
and Sudan, Syria (2011)
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Thematic issues - 36
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Individual – Rapporteur, Representative, Expert
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Working Group
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Examine, monitor, advise and report
What are they doing?
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Receive and analyse information
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Network and share information
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Seek clarification and protection measures
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Raise awareness
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Communicate their concerns – media/public
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Report and make recommendations
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Contribute to thematic studies for development
What are their tools?
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Sending communications
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Undertaking country visits
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Reporting and contributing to Human Rights Council.
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Preparing thematic studies
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Issuing press releases
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Guiding Principles
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Discretion, transparency, impartiality, even-handedness
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Preserve the confidentiality of sources
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Rely on objective, dependable facts based on high
evidential standards
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Give the State the opportunity to comment.
Individual Cases
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Letter of allegation
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Urgent action
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Letter to Government requesting formation and
response to allegations
Asking Government to take preventative or
investigatory action
Consent of individuals? Domestic remedies?
Not politically motivated, abusive, or based solely on
media reports
What if the State hasn't signed or ratified a Treaty?
How the CPN can work with the
special procedures?
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Submit individual allegations
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Provide support for country visits and information and analysis.
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Performing a preventative role when new legislation is proposed
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Following-up special procedures recommendations – domestic
and internationally
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Disseminating the work and finding so the Special procedures
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Encouraging candidates to apply
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Use reports, findings, recommendations in domestic litigation,
advocacy, awareness raising, campaigning
Special Procedures Relevant to
CPN
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Working Group on Arbitrary Detention
Arbitrary Detention
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Special Rapporteur on Torture …
Torture
Special Rapporteur on Violence
Against Women
Violence Against Women
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Special Rapporteur on Trafficking . . .
Special Rapporteur on Contemporary
Forms of Slavery
Special Rapporteur on the Sale of
Children …
Special Rapporteur on Terrorism (no
UA)
Trafficking in Persons
Contemporary Forms of Slavery
Sale of Children, child prostitution and
child pornography
Human rights violation while countering
terrorism
Special Procedures Relevant to
CPN
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Special Rapportuer on Freedom of
Religion
Special Rapportuer on Freedom of
Expression
Special rapportuer on Freedom of
Assembly
Special Rapportuer on the Right to Food
Special Rapportuer on Extreme Poverty
and Human Rights
Special Rapportuer on EJE
Special Rapportuer on Adequate Housing
Freedom of religion
Freedom of Expression
Freedom of assembly
Food
Extreme Poverty
Extra-Judicial Executions
Housing
Physical and Mental Health
Nigeria Before SP
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Visits accepted in principle – SP on
lawyers and judges, Violence
Against Women, trafficking,
internally displaced persons
27 group communications, 64
individual, 2 women, I reply by
Nigeria.
EJE 2005 and 2008– serious
concern regarding excessive and
arbitrary use of force and deaths in
custody
Freedom of Religion (and CRC)
2005– use of corporal punishment,
amputation
Given the scale of violations –
Nigeria is under represented at
UN SP
What issues can you take to the
Special Procedures?
What follow up work can you do?
How can they support the work you
do in Nigeria?
CPN Members as Human Rights
Defenders
Special Rapporteur on the
Independence judges and
lawyers (UA)
Special Rapportuer on Human
Rights Defenders (UA)
Special Rapportuer on Freedom of
Expression
27% of complaints to above 2 SP
were HRD's, Journalists, 2005 –
report, TU's, ESCR, Women's
rights,
Consider the risks to your own
safety.
Are you a HRD? Everyone, individually or
in a group has the right to promote and
strive for the promotion and protection
for human rights. Does your work fall
within HR?
Do you? Through peaceful means? seek
the protection and realization of HR;
Seek, obtain, hold information relating
to HR;
form associations and NGO's;
Offer and provide assistance or advice in
defence of HR; Make complaints
against official policies and acts
Frontline Defenders – NGO in Ireland,
ISHR – Geneva,