International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions
This ensures a firm foundation for NHRI participation in the HRC, though without any clarity on what the
nature of that participation should be. The former Commission on Human Rights had permitted NHRI
participation only in the debate on the agenda item in which NHRIs themselves were discussed and
it did so not on the basis of rules of procedure but through an annually renewed arrangement by the
Bureau of the Commission. Late in its life, the Commission decided to extend the participation rights of
NHRIs but that decision had not been implemented by the time the Commission was abolished. In fact,
the practices observed by the Commission on Human Rights in relation to NHRI participation were very
limited. The GA resolution, however, contained a direction to the HRC on “ensuring the most effective
contribution” of NHRIs and, on that basis, the HRC agreed, in its institution building package, to very
comprehensive participation.8687
NHRIs accredited with “A status” have full observer status in the HRC. They
now have participation rights more than those of ECOSOC-accredited NGOs
and, in many respects, comparable to those of observer States. They are
entitled to attend and participate in all sessions of the HRC, both regular
and special sessions, apart from the small number of meetings that are
private or confidential.
An NHRI intending to be present at a session of the HRC can accredit its
representatives in advance so that they can be given UN badges to enter the
buildings and attend the session.87
“A status” NHRIs are entitled to make oral statements to the HRC on any item on the agenda of the HRC
session. The length of statements can vary. Oral statements are made in person, by a representative of
the NHRI, at an HRC session during the debate on the agenda item to which the statement relates. They
are usually limited to three minutes but on occasion they may have a shorter limit, such as two minutes.
Being entitled to speak is not the same as being permitted to speak. Not every NHRI that wants to speak
may be able to speak. There may be a time limit on the debate for an agenda item, with the available
time allocated to member States, then observer States, then NHRIs and NGOs. NHRIs usually share
an allocation of time with NGOs. Speaking slots will be allocated according to the order of registration
on a speakers’ list and the debate will be concluded at the end of the total time allocated, regardless
of whether there are more speakers on the list who have not been heard.88 It is important, therefore, for
NHRIs to register early on the speakers’ list if they want to be assured of being given the opportunity.
The speakers’ list is kept by OHCHR staff at a desk in the HRC meeting room. The HRC President
announces when the list opens for each agenda item.
“A status” NHRIs may make written statements to the HRC. Written statements should be no longer
than 2,000 words and should be relevant to the HRC’s Programme of Work for the particular session.
“A status” NHRIs may submit other documents, for example, investigation reports, policy papers,
studies and other publications, to the HRC. The documents should relate to a particular HRC agenda
item. They should not exceed a reasonable number of pages – not more than 30 to 40 pages. These
documents will receive an official UN document symbol and number. The HRC does not provide facilities
to translate these documents and so they should be submitted in at least one of the working languages
of the UN in Geneva, namely English, French or Spanish.
86
HRC Resolution 5/1.
87
For information about NHRIs attending HRC sessions, including information about accrediting representatives, see: www2.ohchr.
org/english/bodies/hrcouncil/nhri.htm.
88
The exception is during debate in the HRC plenary of the Universal Periodic Review report on a State, when the NHRI of that State
has a guaranteed opportunity to speak and a special place in the debate to do so, immediately after the State representative.
Chapter 5: Human Rights Council | 33