The Public 1235

Procedure
The United Nations
The purposes and principles of the
United Nations are set forth in the
United Nations Charter which
came into force on October 24,
1945.
6 main organs of the
United Nations:
1. General Assembly
2. Security Council
3. Economic and Social Council
(ECOSOC)
4. Trusteeship Council
5. International Court of Justice
6. Secretariat
The Economic and Social
Council (ECOSOC)
is an organ of special significance
in the UN structure, particularly in
economic, social, cultural,
educational, health and human
rights matters.
 Itconsists of 54 members who meet
twice a year. ECOSOC carries out its
functions in the form of numerous
committees and commissions (i.e.
Commission on Human Rights, the Sub-
Commission for the Promotion and
Protection of Human Rights) and
specialized agencies (i.e. International
Labor Organization [ILO], World Health
Organization [WHO]).
Commission on Human Rights
 On February 16, 1946, the Commission
on Human Rights was founded. It is
made up of 54 members who serve for
three-year terms. The Economic and
Social Council gave the Commission
the major task of drafting international
human rights treaties, including The
Universal Declaration of Human Rights.
 Initially concerned with elaborating
standards (drafted UDHR, ICCPR,
ICESCR)
 “no power to take action in regard to
any complaints concerning human
rights” (ECOSOC 1947)
 In response to pressure to act on
racism in South Africa, ECOSOC
changed its mind by adopting Res.
1235 in 1967
1235 Procedure
 authorized
the Commission on Human
Rights and its Sub-Commission to
examine information relating to gross
human rights violations

 SouthAfrica, Namibia, and Rhodesia

were the initial States subject to the
1235 procedure
The Public 1235 Procedure

 Authorizes the Commission on Human Rights and

the Sub-Commission on Prevention of
Discrimination and Protection of Minorities to
debate, during their annual sessions, the
question of the violation of human rights and
fundamental freedoms.
 The commission and Sub-commission may
examine information relevant to gross violations
of human rights in their public sessions.
Information on human rights
violations
 May be furnished by STATES(both
members and non-members of the
Commission), by members of the Sub-
Commission and by non-governmental
organizations (NGOs) with consultative
status with the United Nations.
 Non-Governmental
Organizations

Actively participate in the

debates of the Commission
and Sub-Commission.
Sub-Commission on Prevention of
Discrimination and Protection of
Minorities
 Composed of 26 human rights experts
nominated by their governments and elected
by the Commission on Human Rights.
 Is authorized to adopt resolutions on the situation
of human rights violations in specific countries
but may not take any further action. It is only the
Commission that is mandated to take action it
deems necessary with regard to human rights
violation in any part of the world.
Publicnature of 1235 procedure
made states nervous, so they
created a new, confidential
procedure called the 1503
Procedure

1235 (public debate)

1503 (confidential debate)
The Confidential 1503
Procedure
 Petition-information procedure
 Who may submit a communication?
Anyone with direct and reliable knowledge
of violations

 Against what State?

Any UN Member State
1503 Procedure: Procedural
Requirements
 The names of the authors of the complaint
(individuals or an NGO) should be included
 Unlessthey choose to remain anonymous, this
must be stated in the complaint
 confidentiality can be requested
 Unless the national government indicates that
they should be made in public.
 Must not contain insulting and abusive
language.
1503 Procedure: Substantive
Requirements
 Must show the existence of a consistent pattern of
gross violations
 Torture, disappearances, extra-judicial killings,
arbitrary detention, freedom of movement
The more widespread, the need to show “gross”
violation is diminished and vice-versa
 Thus, the complaint should include a detailed
description of the facts, evidence of the violation and
state which rights have been violated.
 Must contain evidence and indicate which rights have
been violated
How does 1503 procedure work?
 After receiving a communication, the Centre for
Human Rights will contact the State against
which the complaint was made. The State has
12 weeks in which to submit as response on the
admissibility of the complaint. The Centre for
Human Rights summarizes the communications
for the Human Rights Commission and the Sub-
Commission on the Promotion and Protection of
Human Rights.
 Before a meeting of the Sub-Commission, a
smaller five-person working group meets once a
year to review the communications and the
States’ replies. At this stage, cases in which there
is no evidence of a “consistent pattern of gross
violations of human rights” are screened out. The
working group will forward a small number of
cases for further consideration to the Sub-
Commission.
 The Sub-Commission can reject the case, refer the
case for further investigation to a working group or
refer the case to the Human Rights Commission. First
the case is reviewed by a five-person group of the
Commission and, if necessary, then by the full
Commission. The Commission can: (1) end
consideration of the case, if no human rights violations
occurred; (2) postpone consideration of the case; (3)
initiate a study of the situation or (4) create an ad
hoc committee to investigate the situation. Although
the 1503 Procedure is confidential, in its annual report,
the Commission publishes the names the countries
that were under consideration and the
recommended actions to be taken.
Special Country Rapporteur
and
Thematic Rapporteur
 The Commission on Human Rights has
developed two types of instruments to supervise
implementations of human rights around the
world pursuant to ECOSOC Resolution 1235.

 SPECIAL COUNTRY RAPPORTEURS- appointed

such as working groups mandated to report
annually to the Commission on the development
of human rights situation in the country for which
they have been appointed.
 its purpose is to put pressure on the
government of the State concerned to
improve its human rights record.
 THEMATIC RAPPORTEURS- also called the working
groups. The thematic rapporteurs or working
groups already formed were on the issued of
involuntary disappearances, torture, extra-
judicial executions, arbitrary detention, freedom
of expression, xenophobia and racism, and
violence against women.
 they may visit specific countries, with the consent
of the government concerned.
 Submit annual reports to the Commission and
these reports survey the information received by
the special thematic rapporteurs, the replies by
governments and their lack, the actions taken by
the special rapporteur and any general
comments or recommendations the special
rapporteur may wish to submit.