Other relevant bodies in the United Nations system
85
Human rights complaints procedure
Most of the work of UNESCO in the field of human rights is promotional rather than protective,
but since 1978 it has had a procedure for the examination of communications (complaints)
concerning alleged violations of human rights.93 The procedure is confidential and extends only
to human rights violations within its fields of competence, namely education, science, culture
and information. Many minority concerns are directly related to issues of language, culture
and education, and it should be relatively easy to demonstrate that such issues fall within the
jurisdiction of UNESCO.
Individuals, groups of individuals and NGOs may submit communications to UNESCO
concerning violations of human rights, whether they are themselves victims or whether they only
have “reliable knowledge” of such violations. In theory, a communication may be filed against
any State; in practice, communications will be considered against any State that is a member of
UNESCO.
Communications should be sent to:
Director of the Office of International Standards and Legal Affairs
UNESCO
7, place de Fontenoy
75352 Paris 07
France
An initial letter (which must be drafted in one of the working languages of UNESCO, English
or French) should contain a concise statement of the allegations. On its receipt, the UNESCO
Secretariat will send the author of the letter a form to be filled in, which constitutes the formal
communication and will be transmitted to the State concerned. A copy of the form may be
completed and attached to the initial letter.
Communications are examined in private by the Committee on Conventions and Recommendations
of the Executive Board, which is composed of Government representatives and generally meets
twice each year. In examining the communication, the Committee invites the State concerned
to provide information or answer questions on either the admissibility or the merits of the
communication.
Since the Committee is not an international tribunal, it tries to resolve the problem in a spirit of
cooperation, dialogue and mutual understanding. Its goal is to achieve a mutually satisfactory
settlement, not simply to decide whether or not a violation has occurred. The Committee submits
a confidential report to the Executive Board on each communication considered, including any
decisions or recommendations it may make; the author of the communication and the State
concerned are also informed of the Committee’s decisions.
The Director-General of UNESCO has long enjoyed a right of intercession vested in him or her
by the General Conference.94 It is thus possible for the Director-General personally to make
humanitarian representations on behalf of persons who have allegedly been victims of human
rights violations within the fields of competence of UNESCO and whose cases call for urgent
consideration.95
104 EX/Decision 3.3. See http://portal.unesco.org/en/ev.php-URL_ID=27969&URL_DO=DO_TOPIC&URL_
SECTION=201.html (accessed 3 December 2012).
93
See in particular 19C/Resolution 12.1.
94
Paragraphs 8 and 9 of 104 EX/Decision 3.3 recognize the role played by the Director-General in this regard
(see footnote 100).
95