International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions Chapter 7: Special procedures KEY QUESTIONS • What are the special procedures? • How do the special procedures undertake their mandates? • What roles can NHRIs play in the work of the special procedures? 1. INTRODUCTION The most effective mechanism established by the former Commission on Human Rights was the system of special procedures (SPs). They were often described as the “arms and legs” and the “eyes and ears” of the Commission. Their role was so important that, in establishing the Human Rights Council (HRC), the General Assembly (GA) decided that the HRC should “maintain the system of special procedures” and that the HRC should “review and, where necessary, improve and rationalize” it.125 The SPs are independent human rights experts appointed to undertake certain mandates on behalf of the HRC.126 They provide a centralized point for: • studying and increasing understanding of a particular human rights matter or situation • receiving information and reporting on particular human rights violations. They serve on an unpaid, voluntary basis, although they are reimbursed for expenses alone. A mandate can relate to the human rights situation in a specific country (a “country mandate”) or to a general human rights issue (a “thematic mandate”). There are currently 46 SPs, 36 with thematic mandates and ten with country mandates.127 Mandate holders can be individuals or groups. Of the current 46 SPs, six are undertaken by groups of five members, one from each of the five UN geographical regions. The SPs can have a variety of names: Special Rapporteur, Independent Expert or, occasionally, Special Representative. The HRC has sought to standardize the title and now most SPs are called Special Rapporteur. Group mandates are called Working Groups. 2. CREATING A MANDATE Each SP mandate has been created by a resolution of the HRC. The HRC reviewed all the existing mandates when it was established in 2006. Since then it has ended some and created others. Thematic mandates are usually created for a period of three years and can be renewed for the same period. Country mandates are usually created and renewed on an annual basis.128 125 GA Resolution 60/251; para. 6. 126 For information about SPs and their activities, see: www2.ohchr.org/english/bodies/chr/special/index.htm. 127 As at May 2012; see: www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx. For the full list of all current SPs, including present and past holders of each mandate, see: www2.ohchr.org/english/bodies/chr/special/docs/Mandate_Holders_2011.xls. 128 The only exception is the mandate on the Occupied Palestinian Territories which has been established indefinitely until the occupation of the territories is ended. Chapter 7: Special procedures | 47