Part I International laws and mechanisms
4. SPECIAL PROCEDURES
Special procedures are mechanisms established by the Human Rights Council to address thematic
issues or country specific situations worldwide.77 Special procedures can either be individuals or working
groups.
Individual special procedures can be called a “Special Rapporteur”, a “Special Representative of
the Secretary-General” or an “Independent Expert”. Working groups are generally comprised of five
members.
Special procedures are given mandates to examine, monitor, advise and publicly report on human
rights situations in specific countries or territories (known as “country mandates”) or on major global
human rights issues (known as “thematic mandates”). Currently, there are 35 thematic mandates and
ten country mandates.
The mandates of the special procedures are established and defined by the resolution creating them.
Although their mandates vary, most special procedures:
• undertake studies, through which they contribute to the development of international human
rights law
• investigate situations of human rights violation arising under the mandate
• undertake country visits
• receive and consider complaints from victims of human rights violations and intervene with States
on their behalf
• issue urgent action requests
• promote the mandate
• report to the Human Rights Council and to other intergovernmental bodies on their findings,
conclusions and recommendations.
The strength of the special procedures lies in their independence; mandate holders are human rights
experts appointed in an individual capacity.
Information on the ways in which NHRIs can engage with the special procedures is provided in Chapter 11.
4.1. The Special Rapporteur on the human rights of migrants
The mandate of the Special Rapporteur on the human rights of migrants was established in 1999 by the
former United Nations Commission on Human Rights (resolution 1999/44) to “examine ways and means
to overcome the obstacles existing to the full and effective protection of the human rights of [migrants],
including obstacles and difficulties for the return of migrants who are non-documented or in an irregular
situation”.78
The OHCHR states that the main functions of the Special Rapporteur are to:
• examine ways and means to overcome the obstacles existing to the full and effective protection
of the human rights of migrants, recognizing the particular vulnerability of women, children and
those undocumented or in an irregular situation
• request and receive information from all relevant sources, including migrants themselves, on
violations of the human rights of migrants and their families
• formulate appropriate recommendations to prevent and remedy violations of the human rights of
migrants, wherever they may occur
77
Detailed information about the special procedures is available at: www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx.
78
United Nations Commission on Human Rights Resolution 1999/44; para. 3.
Chapter 3: Other UN instruments and mechanisms relevant to the rights of migrant workers | 33