International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions The establishment of a mandate can be proposed by an HRC member or an observer State. NHRIs and NGOs can also propose and advocate the establishment of a mandate but the proposal will require State sponsors before it can come before the HRC. Usually the establishment of a mandate will be preceded by other action in relation to the issue or situation, including studies, panel discussions, HRC resolutions and so on. Except where there is urgency, a proposal for a new mandate is considered and debated for some time before a decision is taken. The HRC resolution establishing or renewing a mandate will: • define the mandate • provide terms of reference, including functions and reporting requirements • determine whether an individual or a group will exercise the mandate • indicate the title, now almost always “Special Rapporteur” or “Working Group”.129 NHRIs can propose and advocate the establishment of new mandates for SPs and the renewal of existing mandates. Because of their knowledge and experience in the implementation of international human rights law, they are aware of gaps in the international protection mechanisms and so are well placed to identify a need for a mandate and to advise on the required scope of a mandate. They will need to obtain support for any proposal from HRC member States and so the proposal should be advocated with a well-argued case, including facts and analysis. 3. QUALIFICATIONS FOR SPs The HRC has defined certain broad specifications for persons being considered for appointment to an SP. It has adopted both general criteria and technical requirements. The “general criteria … of paramount importance” are: • expertise • experience in the field of the mandate • independence • impartiality • personal integrity • objectivity.130 The “technical and objective requirements” are: • qualifications: relevant educational qualifications or equivalent professional experience in the field of human rights; good communication skills in one of the official UN languages • relevant expertise: knowledge of international human rights instruments, norms and principles; as well as knowledge of institutional mandates related to the UN or other international or regional organizations’ work in the area of human rights; proven work experience in the field of human rights • established competence: nationally, regionally or internationally recognized competence related to human rights • flexibility/readiness and availability of time to perform effectively the functions of the mandate and to respond to its requirements, including attending HRC sessions.131 129 However, two of the four most recently created mandates have been “Independent Experts”; the Independent Expert on the promotion of a democratic and equitable international order (2011) and the Independent Expert on the issue of human rights obligations related to the enjoyment of a safe, clean, healthy and sustainable environment (2012). 130 HRC Resolution 5/1; Part II.A.; para. 39. 131 HRC Decision 6/102; Part C. 48 | Chapter 7: Special procedures