International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions
• “open-ended”, because there is usually no deadline by which the task is to be completed
• “intergovernmental”, because it is a negotiating forum consisting of representatives of States.
Since its establishment, the HRC has used or is using working groups to develop or complete:
• the Convention for the Protection of All Persons from Enforced Disappearance191
• the Declaration on the Rights of Indigenous Peoples192
• an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights,
enabling individual complaints to be made to the Committee on Economic, Social and Cultural
Rights193
• a third Optional Protocol to the Convention on the Rights of the Child, enabling individual
complaints to be made to the Committee on the Rights of the Child194
• the Declaration on Human Rights Education and Training195
• an international framework on the regulation, monitoring and oversight of the activities of private
military and security companies.196
The work of such working groups is very important to NHRIs because
international human rights law is developed through this mechanism. The
results of the working groups, when adopted through the UN system,
will lead to new international law that NHRIs will apply in their work.
The working groups provide them with opportunities to influence the
content of the law being developed, to ensure that new instruments are
comprehensive and relevant and that they meet local needs. NHRIs can
make written submissions on the content of instruments and drafts as
they evolve. Although intergovernmental, the working group is open to
participation by “A status” NHRIs and ECOSOC-accredited NGOs. They can
usually be fully involved in the meetings, commenting on drafts, identifying
gaps, proposing or opposing text and so on.
KEY POINTS: CHAPTER 9
• Other mechanisms of the Human Rights Council include special
commissions of inquiry and ad hoc working groups.
• NHRIs can provide important information to assist the work of these
mechanisms.
• NHRIs can also contribute their expertise to the studies and other work
undertaken by these mechanisms, including by participating in working
groups developing new human rights instruments.
191
See: www2.ohchr.org/english/law/disappearance-convention.htm.
192
Annex to GA Resolution 61/295 adopted on 13 September 2007.
193
Annex to GA Resolution 63/117 adopted on 10 December 2008.
194
See: www2.ohchr.org/english/bodies/hrcouncil/OEWG/index.htm.
195
See: www2.ohchr.org/english/bodies/hrcouncil/education/1stsession.htm.
196
See: www2.ohchr.org/english/bodies/hrcouncil/military_security_companies.
62 | Chapter 9: Ad hoc mechanisms of the Human Rights Council