BHRC UNICEF

Special Procedureswww.ohchr.org

By Smita Shah(c)Smita Shah November 2012.

Not to be reproduced in whole or in part without permission

Introduction

Established by Human Rights Council Mandate?

Country specific – Burundi, Belarus (2012), Cambodia, Cote D'Ivoire, Eritrea (2012), Iran (2011), Korea, Haiti, Myanmar, OPT, Somalia and Sudan, Syria (2011)

Thematic issues - 36 Individual – Rapporteur, Representative, Expert Working Group Examine, monitor, advise and report

What are they doing?

Receive and analyse information Network and share information Seek clarification and protection measures Raise awareness Communicate their concerns – media/public Report and make recommendations Contribute to thematic studies for development

What are their tools?

Sending communications

Undertaking country visits

Reporting and contributing to Human Rights Council.

Preparing thematic studies

Issuing press releases

Guiding Principles

Discretion, transparency, impartiality, even-handedness

Preserve the confidentiality of sources

Rely on objective, dependable facts based on high evidential standards

Give the State the opportunity to comment.

Individual Cases

Letter of allegation Letter to Government requesting formation and

response to allegations

Urgent action 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?

Submit individual allegations

Provide support for country visits and information and analysis.

Performing a preventative role when new legislation is proposed

Following-up special procedures recommendations – domestic and internationally

Disseminating the work and finding so the Special procedures

Encouraging candidates to apply

Use reports, findings, recommendations in domestic litigation, advocacy, awareness raising, campaigning

Special Procedures Relevant to CPN

Working Group on Arbitrary Detention

Special Rapporteur on Torture …

Special Rapporteur on Violence Against Women

Special Rapporteur on Trafficking . . .

Special Rapporteur on Contemporary Forms of Slavery

Special Rapporteur on the Sale of Children …

Special Rapporteur on Terrorism (no UA)

• Arbitrary Detention

• Torture

• Violence Against Women

• 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

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

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,