International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions Chapter 13: International complaint procedures KEY QUESTIONS • What mechanisms are there for the international investigation and resolution of individual complaints of human rights violations? • How do these mechanisms operate? • What remedies do they provide? • What roles can NHRIs play in these mechanisms? 1. INTRODUCTION When the Commission on Human Rights was established in 1946, it had no mandate to inquire into human rights violations. In fact, in 1947, it adopted an explicit statement, endorsed by the Economic and Social Council (ECOSOC), to the effect that it “recognized that it had no competence to deal with any complaint about violations of human rights”.239 At that time, there was no international body with authority to consider and deal with individual complaints. States firmly opposed the very idea, even though academics and activists advocated for an international human rights court. Twenty years later, in 1967, the Commission was specifically authorized by the ECOSOC, with the encouragement of the General Assembly (GA), to start to deal with violations of human rights through open debate on country situations.240 Then, in 1970, it was authorized by the ECOSOC to receive and inquire into complaints of consistent patterns of violation of human rights.241 Now, over 60 years later, there are many international complaints mechanisms; the Human Rights Council (HRC) itself, the HRC’s special procedures (SPs) and also all the treaty monitoring bodies (TMBs).242 Unfortunately, most of them are quite weak and of limited effectiveness. None of them provides a binding, enforceable, legal decision on a complaint. Nonetheless, they provide good and necessary international support – moral and political – for victims of violations. In the international human rights system, a complaint of human rights violation is generally referred to as a “communication”. 2. MAKING A COMPLAINT The various complaints procedures have certain common requirements for complaints. In general, a complaint has to be lodged by a victim but it is also possible for other persons and organizations to lodge a complaint on behalf of a victim. In each case, a complaint must provide: • the name of the alleged victim(s) • the name of the alleged perpetrator(s) 239 “Brief historic overview of the Commission on Human Rights”; OHCHR; see: www2.ohchr.org/english/bodies/chr/furtherinformation.htm. 240 ECOSOC Resolution 1235 (XLII), adopted on 6 June 1967. 241 ECOSOC Resolution 1503 (XLVIII), adopted on 27 May 1970. 242 The provisions for the complaint handling mandate of the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child are yet to commence. Chapter 13: International complaint procedures | 85