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BHRC UNICEF

Special Procedures www.ohchr.org By Smita Shah (c)Smita Shah November 2012. Not to be reproduced in whole or in part without permission. BHRC UNICEF. Introduction. Established by Human Rights Council Mandate?

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BHRC UNICEF

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  1. Special Procedures www.ohchr.org By Smita Shah (c)Smita Shah November 2012. Not to be reproduced in whole or in part without permission BHRC UNICEF

  2. Introduction • Established by Human Rights Council • Mandate? • Country specific – Burundi, Belarus (2012), Cambodia, Cote D'Ivoire, Eritrea (2012), Iran (2011), Korea, Haiti, Myanmar, OPT, Somalia and Sudan, Syria (2011) • Thematic issues - 36 • Individual – Rapporteur, Representative, Expert • Working Group • Examine, monitor, advise and report

  3. What are they doing? • Receive and analyse information • Network and share information • Seek clarification and protection measures • Raise awareness • Communicate their concerns – media/public • Report and make recommendations • Contribute to thematic studies for development

  4. What are their tools? • Sending communications • Undertaking country visits • Reporting and contributing to Human Rights Council. • Preparing thematic studies • Issuing press releases • Guiding Principles • Discretion, transparency, impartiality, even-handedness • Preserve the confidentiality of sources • Rely on objective, dependable facts based on high evidential standards • Give the State the opportunity to comment.

  5. Individual Cases • Letter of allegation • Letter to Government requesting formation and response to allegations • Urgent action • Asking Government to take preventative or investigatory action • Consent of individuals? Domestic remedies? • Not politically motivated, abusive, or based solely on media reports • What if the State hasn't signed or ratified a Treaty?

  6. How the CPN can work with the special procedures? • Submit individual allegations • Provide support for country visits and information and analysis. • Performing a preventative role when new legislation is proposed • Following-up special procedures recommendations – domestic and internationally • Disseminating the work and finding so the Special procedures • Encouraging candidates to apply • Use reports, findings, recommendations in domestic litigation, advocacy, awareness raising, campaigning

  7. Arbitrary Detention Torture Violence Against Women Trafficking in Persons Contemporary Forms of Slavery Sale of Children, child prostitution and child pornography Human rights violation while countering terrorism Special Procedures Relevant to CPN • Working Group on Arbitrary Detention • Special Rapporteur on Torture … • Special Rapporteur on Violence Against Women • Special Rapporteur on Trafficking . . . • Special Rapporteur on Contemporary Forms of Slavery • Special Rapporteur on the Sale of Children … • Special Rapporteur on Terrorism (no UA)

  8. Freedom of religion Freedom of Expression Freedom of assembly Food Extreme Poverty Extra-Judicial Executions Housing Physical and Mental Health Special Procedures Relevant to CPN • Special Rapportuer on Freedom of Religion Special Rapportuer on Freedom of Expression Special rapportuer on Freedom of Assembly Special Rapportuer on the Right to Food Special Rapportuer on Extreme Poverty and Human Rights Special Rapportuer on EJE Special Rapportuer on Adequate Housing

  9. Given the scale of violations – Nigeria is under represented at UN SP What issues can you take to the Special Procedures? What follow up work can you do? How can they support the work you do in Nigeria? Nigeria Before SP • Visits accepted in principle – SP on lawyers and judges, Violence Against Women, trafficking, internally displaced persons • 27 group communications, 64 individual, 2 women, I reply by Nigeria. • EJE 2005 and 2008– serious concern regarding excessive and arbitrary use of force and deaths in custody • Freedom of Religion (and CRC) 2005– use of corporal punishment, amputation

  10. Are you a HRD? Everyone, individually or in a group has the right to promote and strive for the promotion and protection for human rights. Does your work fall within HR? Do you? Through peaceful means? seek the protection and realization of HR; Seek, obtain, hold information relating to HR; form associations and NGO's; Offer and provide assistance or advice in defence of HR; Make complaints against official policies and acts Frontline Defenders – NGO in Ireland, ISHR – Geneva, CPN Members as Human Rights Defenders Special Rapporteur on the Independence judges and lawyers (UA) Special Rapportuer on Human Rights Defenders (UA) Special Rapportuer on Freedom of Expression 27% of complaints to above 2 SP were HRD's, Journalists, 2005 – report, TU's, ESCR, Women's rights, Consider the risks to your own safety.

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