International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions
3.4. The results
The complaint procedure has a very limited range of results. When discussing the report of the Working
Group on Situations, the HRC can decide:
• to discontinue considering the situation when further consideration or action is not warranted
• to keep the situation under review and request the State concerned to provide further information
within a reasonable period of time
• to keep the situation under review and appoint an independent and highly qualified expert to
monitor the situation and report back to the HRC
• to discontinue reviewing the matter under the confidential complaint procedure in order to take
up public consideration of it
• to recommend to the OHCHR to provide technical cooperation, capacity-building assistance or
advisory services to the State concerned.256
Nonetheless, by placing States under the international scrutiny of their peers, the procedure contributes
to States improving their compliance with their international human rights obligations.
An NHRI can play roles at different points in the complaint procedure. It can
assist victims by advising them and NGOs of the procedure and the process
of making and pursuing a complaint. It can lodge complaints itself with
the HRC on behalf of victims. It can also provide information relating to a
complaint to the Working Groups on Communications and on Situations and
to the HRC itself, to assist in the assessment and handling of the complaint.
It can encourage its Government to cooperate fully with the complaint
procedure and to respond positively to recommendations made by the HRC
under the complaint procedure.
Sometimes a Government seeks to have a complaint dismissed on the basis
that the complainant has not exhausted all domestic remedies because
she or he has not pursued a remedy through the NHRI. NHRIs should be
diligent in ensuring that they are not used by States as a means to avoid
accountability through the HRC’s complaint procedure. Very few NHRIs have
the power to make binding, legally enforceable decisions on complaints of
human rights violations and to provide compulsory remedies and so they
are not, and should not be seen as, effective domestic remedies. Where
necessary, they should advise the Working Groups on Communications and
on Situations of the limits on their powers and of their inability to provide an
effective domestic remedy. This is critical to the integrity and credibility of
the NHRI itself and of the HRC procedure.
256
HRC Resolution 5/1; para. 109.
Chapter 13: International complaint procedures | 89