The term “special procedures” has been developed in light of the practice of the Commission on Human Rights, the Economic and Social Council (ECOSOC), the General Assembly and the Human Rights Council (HRC) to describe a range of procedures established to promote and to protect human rights and to prevent violations in relation to specific themes or issues as well as to examine the situation in specific countries (see Manual of Operations of the Special Procedures of the Human Rights Council).
Special procedures includes individuals designated as “Special Rapporteur”, “Independent Expert”, “Special Representative of the Secretary-General” or “Representative of the Secretary-General”. Following the establishment of the HRC, thematic Special Procedures are mandated by the HRC to investigate the situation of human rights in all parts of the world, irrespective of whether a particular government is a party to any of the relevant human rights treaties. Thus, their aim is to respond quickly to allegations of human rights violations against individuals or groups, either globally or in a specific country or territory. For this reason, they may include country visits but also measures in response to communications related to cases concerning individuals or groups.
Mandate-holders are selected on the basis of their expertise and experience, independence and impartiality and objectivity. In carrying out their activities, they are accountable to the Council and are called upon to take account of all available sources of information that they consider to be credible and relevant. Thus, not only information provided by Governments may be considered but also evidence from inter-governmental organizations, international and national non-governmental organizations, national human rights institutions, academic community as well as from the victims of alleged human rights abuses and their relatives.
Special Procedures are able to receive communication from a person or a group of persons claiming to have suffered a human rights violation. NGOs and other groups or individuals claiming to have direct or reliable knowledge of human rights violations may also submit information. In such a case, information submitted to the Special Procedures alleging violations should include:
- full details of the sender’s identity (date of birth, sex, passport number and place of residence; ethnic or religious group when appropriate) and of the relevant incident or situation (the date and place of any incident(s);
- alleged perpetrators;
- suspected motives;
- contextual information;
- any steps already taken at the national, regional or international level in relation to the case.
Unlike the requirements of communication procedures established under human rights treaties, communications may be sent even if local remedies in the country concerned have not been exhausted. Most significantly, Special Procedures admit urgent appeals in order to communicate information in cases where the alleged violations are time-sensitive in terms of involving loss of life, life-threatening situations or either imminent or ongoing damage of a very grave nature to victims that cannot be addressed in a timely manner.
A general overview of the work of Special Procedures in 2012 is available in UN Special Procedures Facts and Figures 2012.