 Text
of ECOSOC resolution 2000/3
Text
of ECOSOC resolution 1503
States examined
under the 1503 procedure
Fact Sheet No.7
Communications Procedures |
The revised 1503
procedure
The
1503 confidential communications procedure was reformed during
the fifty-sixth session of the Commission on Human Rights in 2000.
The Working Group on Enhancing the Effectiveness of the Mechanisms
of the Commission on Human Rights,
which met between the fifty-fifth (1999) and fifty-sixth sessions
of the Commission included in its report (E/CN.4/2000/112) recommendations
on how the 1503 procedure should be amended (see chapter three).
These recommendations were subsequently embodied in a draft resolution
entitled "Procedure for dealing with communications concerning
human rights" which was part of Commission decision 2000/109 (adopted
without a vote on 26 April 2000). The Economic and Social Council,
at its resumed organizational session for 2000, approved the draft
resolution on 16 June 2000. It became Council resolution 2000/3.
In accordance with this resolution, the procedure as amended may
continue to be referred to as the 1503 procedure.
Pursuant to Council resolution 2000/3 of 16 June 2000, a Working
Group is designated on a yearly basis by the Sub-Commission on the Promotion and Protection
of Human Rights from among its members. It is geographically
representative of the five regional groups and appropriate rotation
is encouraged. Called the Working Group on Communications, it
meets annually immediately after the Sub-Commission session to
examine communications (complaints) received from individuals
and groups alleging human rights violations and any government
responses. Manifestly ill-founded communications,
such as communications raising issues that fall outside the scope
of the Universal Declaration, are screened out by the secretariat,
with the approval of the Chairperson-Rapporteur of the Working
Group on Communications: they are not sent to the Governments
concerned or submitted to the Working Group on Communications.
The fact that a communication is being transmitted to the State
and acknowledged to the complainant does not imply any judgement
on the admissibility or merits of the communication. Where
the Working Group identifies reasonable evidence of a consistent
pattern of gross violations of human rights, the matter is referred
to the Working Group on Situations.
The
Working Group on Situations comprises, as before, five
members nominated by the regional groups, due attention
being paid to rotation in membership. It meets at least one month
prior to the Commission to examine the particular situations
forwarded to it by the Working Group on Communications and decide
whether or not to refer any of these situations to the
Commission.
Subsequently, it is the turn of the Commission to take a
decision concerning each situation brought to its attention in this
manner.
Confidentiality
All
initial steps in the process are confidential until a situation is
referred to the Economic and Social Council. Since 1978, however,
the Chairperson of the Commission on Human Rights has announced the
names of countries that have been under examination. Thus, if a
pattern of abuses in a particular country remains unresolved in the
early stages of the process, it can be brought to the attention of
the world community through the Economic and Social Council - one of
the principal bodies of the United Nations.
What are the criteria for a communication to be
accepted for examination?
To
decide what communications may be accepted for examination, the
Sub-Commission on the Promotion and Protection of Human Rights has
drawn up rules of procedure (Sub-Commission resolution 1 (XXIV)of 13
August 1971). In general terms, these rules may be summarized as
follows:
- No
communication will be admitted if it runs counter to the
principles of the Charter of the United Nations or appears to be
politically motivated.
- A
communication will only be admitted if, on consideration, there
are reasonable grounds to believe - also taking into account any
replies sent by the Government concerned - that a consistent
pattern of gross and reliably attested violations of human rights
and fundamental freedoms exists.
- Communications may be submitted by individuals or groups
who claim to be victims of human rights violations or who have
direct, reliable knowledge of violations. Anonymous communications
are inadmissible as are those based only on reports in the mass
media.
- Each
communication must describe the facts, the purpose of the petition
and the rights that have been violated. As a rule, communications
containing abusive language or insulting remarks about the State
against which the complaint is directed will not be
considered.
- Domestic remedies must have been exhausted before a
communication is considered - unless it can be shown convincingly
that solutions at the national level would be ineffective or that
they would extend over an unreasonable length of
time.
Where to send communications
Communications intended for handling under the "1503"
procedure may be addressed to:
Support Services Branch
OHCHR-UNOG
1211 Geneva 10, Switzerland
Fax:
(41 22) 917 90 11 |
