You can submit official testimony (such as reports and affidavits) and shadow reports to the following human rights mechanisms. Each committee or body has its own set of rules for receiving submissions and these must be followed for a report to be considered and acted upon.
INTERNATIONAL AND REGIONAL PROCEDURES
TREATIES AND ENFORCEMENT MECHANISMS
International and regional human rights mechanisms play an important role in the implementation of rights. These mechanisms were established to enforce governments’ compliance with the international and regional human rights treaties they have ratified. These treaties make up the so-called “hard law” of international human rights, while the interpretations of the treaty mechanisms make up “soft law” that is not directly binding on governments. There are two main types of enforcement mechanisms:
- Courts, which act in a judicial capacity and issue rulings that are binding on governments in the traditional sense;
- Committees, which examine reports submitted by governments on their compliance with human rights treaties, and in some cases examine individual complaints of human rights violations.
THE INTERNATIONAL SYSTEM
Human Rights Committee
Mandate
The Human Rights Committee (HRC) oversees government compliance with the International Covenant on Civil and Political Rights (ICCPR). The HRC has two mandates: to monitor country progress on the ICCPR by examining periodic reports submitted by governments; and to examine individual complaints of human rights violations under the Optional Protocol to the ICCPR.
Civil society participation
NGOs can submit “shadow reports” to the HRC on any aspect of a government’s compliance with the ICCPR. Shadow reports should be submitted through the HRC Secretariat based at the Office of the High Commissioner for Human Rights (OHCHR) in Geneva, which also keeps a calendar of when governments come before the Committee. The HRC meets three times a year. Individuals and NGOs can also submit complaints to the HRC under the Optional Protocol.
Committee on Economic, Social, and Cultural Rights
Mandate
The Committee on Economic, Social, and Cultural Rights (CESCR) oversees government compliance with the International Covenant on Economic, Social, and Cultural Rights (ICESCR). The CESCR monitors country progress on the ICESCR by examining periodic reports submitted by governments.
Civil society participation
NGOs can submit “shadow reports” to the CESCR on any aspect of a government’s compliance with the ICESCR. Shadow reports should be submitted through the CESCR Secretariat based at the Office of the High Commissioner for Human Rights (OHCHR) in Geneva, which also keeps a calendar of when governments come before the Committee. The CESCR meets twice a year.
Committee on the Elimination of Racial Discrimination
Mandate
The Committee on the Elimination of Racial Discrimination (CERD) is the body of independent experts that monitors implementation of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) by states. It monitors country progress on ICERD by examining periodic reports submitted by governments. The Committee then addresses its concerns and recommendations to the country in the form of “concluding observations.” Besides commenting on country reports, CERD monitors state compliance through an early-warning procedure and the examination of inter-state complaints and individual complaints.
Civil society participation
NGOs can submit “shadow reports” to the CERD on any aspect of a government’s compliance with the ICERD. Shadow reports should be submitted through the CERD Secretariat based at the Office of the High Commissioner for Human Rights (OHCHR) in Geneva, which also keeps a calendar of when governments come before the committee. CERD meets twice a year.
International Labour Organization
Mandate
The International Labour Organization (ILO), located within the United Nations, is primarily concerned with respect for human rights in the field of labour. In 1989, they adopted the Convention concerning Indigenous and Tribal Peoples in Independent Countries. States must provide periodic reports on their compliance with the Convention to the ILO and to national employers and workers associations. National employers and workers associations may submit comments on these reports to the ILO. The ILO Committee of Experts (CE) evaluates the reports and may send “Direct Requests” to governments for additional information. The CE then publishes its “Observations” in a report, presented at the International Labour Conference. On the basis of this report, the Conference Committee on the Application of Standards may decide to more carefully analyze certain individual cases and publishes its conclusions. Additionally, an association of workers or employers may submit a representation to the ILO alleging that a member state has failed to comply with the Convention and a member state may file a complaint against another.
Civil society participation
The Convention encourages governments to consult indigenous peoples in preparing their reports. Indigenous peoples may also affiliate with a worker association or form their own worker association in order to more directly communicate with ILO. The CE meets in November and December of each year, and the International Labour Conference is in June.
Committee on the Elimination of All Forms of Discrimination Against Women
Mandate
The Committee on the Elimination of All Forms of Discrimination Against Women oversees government compliance with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The committee has three mandates: to monitor country progress on CEDAW by examining periodic reports submitted by governments; to examine individual complaints of violations of women’s rights under the Optional Protocol to CEDAW; and to conduct missions to state parties in the context of concerns about systematic or grave violations of treaty rights.
Civil society participation
NGOs can submit “shadow reports” to the committee on any aspect of a government’s compliance with CEDAW. Shadow reports should be submitted through the Division for the Advancement of Women in New York, which also keeps a calendar of when governments come before the committee. The committee meets twice a year. Individuals and NGOs can also submit complaints to the Committee under the Optional Protocol, or encourage the committee to undertake country missions as part of its inquiry procedure.
Committee on the Rights of the Child
Mandate
The Committee on the Rights of the Child oversees government compliance with the Convention on the Rights of the Child (CRC). It monitors country progress on the CRC by examining periodic reports submitted by governments.
Civil society participation
NGOs can submit “shadow reports” to the committee on any aspect of a government’s compliance with the Convention. Shadow reports should be submitted through the CRC Secretariat based at the Office of the High Commissioner for Human Rights (OHCHR) in Geneva, which also keeps a calendar of when governments come before the committee. It meets three times a year.
UN Charter bodies
In addition to the treaty bodies listed above, there are a number of bodies created under the Charter of the United Nations for the protection and promotion of human rights.
The principal charter body is the Human Rights Council (HRC), which replaced the Commission on Human Rights (CHR) in 2006. The HRC is a subsidiary organ of the UN General Assembly with a mandate “to address situations of violations of human rights, including gross and systematic violations.”
The responsibilities of the Human Rights Council include: the Universal Periodic Review (UPR); the Special Procedures; the Human Rights Council Advisory Committee (formerly the Sub-Commission on the Promotion and Protection of Human Rights); and the Complaints Procedure. These responsibilities are summarized here (.pdf).
Universal Periodic Review (UPR)
Beginning in 2008, the HRC will periodically review the human rights obligations and commitments of all countries. All UN Member States will be reviewed for the first time within four years. A working group will meet three times per year for two weeks to carry out the review. The review will take into account a report from the State concerned, as well as recommendations from the Special Procedures (see below) and Treaty Bodies (see above) and information from non-governmental organizations and national human rights institutions.
Special Procedures
“Special Procedures” is the general term given to individuals (known as “Special Rapporteurs,” “Special Representatives,” or “Independent Experts”) or groups (known as “Working Groups”) mandated by the HRC to address specific country situations or thematic issues throughout the world. The HRC currently includes twenty-eight thematic and ten country Special Procedures.
Activities undertaken by the Special Procedures include responding to individual complaints, conducting studies, providing advice on technical cooperation at the country level, and engaging in general promotional activities. The Special Procedures are considered “the most effective, flexible, and responsive mechanisms within the UN system.”
Special Procedures cited in this Resource Guide include:
- Working Group on Arbitrary Detention
- Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
- Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health
- Special Rapporteur on Violence against Women, its Causes and Consequences
For more information about the Special Procedures, see here.
Human Rights Council Advisory Committee
The HRC Advisory Committee functions like a “think tank,” providing expertise and advice and conducting substantive research and studies on issues of thematic interest to the HRC at its request. The Committee is made up of eighteen experts serving in their personal capacity for a period of three years.
Complaints Procedure
This confidential complaints procedure allows individuals or organizations to bring complaints about “gross and reliably attested violations of human rights” to the attention of the HRC. The procedure is intended to be “victims-oriented” and to conduct investigations in a timely manner. Complaints are reviewed by two working groups that meet at least twice a year for five days during each period.
Economic and Social Council (ECOSOC)
The UN Economic and Social Council (ECOSOC) coordinates the work of fourteen UN specialized agencies, functional commissions, and regional commissions working on various international economic, social, cultural, educational, and health matters. ECOSOC holds several short sessions per year as well as an annual substantive session for four weeks every July.
ECOSOC consults regularly with civil society, with close to 3,000 non-governmental organizations enjoying consultative status. ECOSOC-accredited NGOs are permitted to participate, present written contributions, and make statements to the Council and its subsidiary bodies. Information about NGOs with consultative status can be found here.
ECOSOC agencies and commissions that may be cited in or relevant to this Resource Guide include:
- Commission on the Status of Women
- Commission on Narcotic Drugs
- Commission on Crime Prevention and Criminal Justice
- Committee on Economic, Social and Cultural Rights
- International Narcotics Control Board
THE EUROPEAN SYSTEM
European Court of Human Rights
Mandate
The European Court of Human Rights (ECtHR), a body of the Council of Europe (COE), enforces the provisions of the European Convention on Human Rights (ECHR). The ECtHR adjudicates both disputes between states and complaints of individual human rights violations. The Committee of Ministers of the Council of Europe is responsible for monitoring the implementation of judgments made by the ECtHR. (See note on Committee of Ministers below.)
Civil society participation ?Any individual or government can lodge a complaint directly with the ECtHR alleging a violation of one of the rights guaranteed under the Convention, provided they have exercised all other options available to them domestically. An application form may be obtained from the ECtHR website.
The Council of Europe has established a legal aid scheme for complainants who cannot afford legal representation. NGOs can file briefs on particular cases either at the invitation of the President of the Court, or as “Amici Curia” (Friends of the Court) if they can show that they have an interest in the case or special knowledge of the subject matter, and that their intervention would serve the administration of justice. Hearings of the ECtHR are generally public.
European Committee of Social Rights
Mandate
The European Committee of Social Rights (ECSR), also a body of the Council of Europe (COE), conducts regular legal assessments of government compliance with provisions of the European Social Charter (ESC). These assessments are based on reports submitted by governments at regular two-to-four-year intervals known as “supervision cycles.” The Governmental Committee and the Committee of Ministers of the Council of Europe also evaluate government reports under the ECSR. (See note on Committee of Ministers below.)
Civil society participation
Reports submitted by governments under the ESC are public and may be commented upon by individuals or NGOs. International NGOs with consultative status with the COE, as well as national NGOs authorized by their government, may also submit “collective complaints” to the COE alleging violations of the Charter.
Committee of Ministers
The Committee of Ministers is the decision-making body of the Council of Europe, and is comprised of the foreign ministers (or their permanent representatives) of all COE member states.
In addition to supervising judgments of the ECtHR and evaluating reports under the ECSR (see above), the Committee of Ministers also makes separate Recommendations to member states on matters for which the Committee has agreed to a “common policy”—including matters related to health and human rights.
Some of these Recommendations are provided by the Parliamentary Assembly of the Council of Europe, which is a consultative body composed of representatives of the Parliaments of member states
Advisory Committee
Mandate
The Advisory Committee (AC) assists the Committee of Ministers in monitoring compliance with the Framework Convention for the Protection of National Minorities (FCNM). It monitors country progress on the FCNM by examining periodic reports submitted by governments. Besides examining these reports, the AC may hold meetings with governments and request additional information from other sources. The AC then prepares an opinion, which is submitted to the Committee of Ministers. Based on this opinion, the Committee of Ministers issues conclusions concerning the adequacy of measures taken by each state party. The AC may be involved by the Committee of Ministers in the monitoring of the follow-up to the conclusions and recommendations.
Civil society participation
NGOs can submit “shadow reports” to the AC on any aspect of a government’s compliance with the FCNM. Shadow reports should be submitted through the FCNM Secretariat.