30 PROMOTING AND PROTECTING MINORITY RIGHTS CHAPTER IV THE UNITED NATIONS SPECIAL PROCEDURES Summary: “Special procedures” is a term that covers a wide range of mechanisms of the Human Rights Council to address either specific country situations or thematic issues. Special procedures have developed into one of the most effective ways of mobilizing the resources of the United Nations to respond to specific human rights concerns. In practice, special procedures are specific persons or working groups. Their mandates vary, as do their activities. This chapter focuses on the special procedures which are most relevant to minority issues, including the Independent Expert on minority issues; the Special Rapporteur on freedom of religion or belief; the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; the Independent Expert in the field of cultural rights; and the Working Group of Experts on people of African descent. Special procedures receive their mandates from the Human Rights Council. Their activities include investigating and reporting annually on human rights issues, and offering recommendations for measures to be taken, including through technical assistance, to address those problems. Special procedures take action upon individual complaints, conduct studies, help to interpret international human rights law, provide advice on technical cooperation at the country level, and engage in outreach and general promotional and educational activities. Unlike United Nations treaty bodies, special procedures can be resorted to even if a State has not ratified a relevant instrument or treaty, and it is generally not necessary to have exhausted domestic remedies in order to access them. NGOs and minority advocates may contact the mechanisms directly (through the OHCHR Secretariat) with information, suggestions, questions or proposals for action. Despite their limited financial and human resources, special procedures provide one of the most valuable points of contact on minority rights issues. Special procedures go by a variety of designations; they may be working groups, special rapporteurs, independent experts or representatives or, in a few cases, (special) representatives of the Secretary-General. These titles do not reflect any hierarchy or indicate different levels of authority. Of primary importance is each procedure’s mandate, which is defined by the resolution creating the procedure.36 Country-specific mandates usually call on mandate holders to examine, monitor, advise and publicly report on human rights situations in specific countries or territories. In November 2012 there were 10 such mandates.37 The Council takes the initiative to create new procedures for particular States only under extraordinary circumstances. There are 36 thematic mandates, each concerned with a particular issue.38 While persons belonging to minorities may be affected by any of these issues, of particular relevance is the Independent Expert on minority issues, and, for example, the special procedures on migrants, freedom of opinion and expression, human rights defenders, indigenous peoples, education and countering terrorism. The mechanisms on freedom of religion or belief, people of African It is important to note that many of the special procedures not discussed in this chapter also address minority issues in their work, as they are able to identify thematic issues related to their mandates and highlight both areas of concern and positive examples of State action. 36 See www.ohchr.org/EN/HRBodies/SP/Pages/Countries.aspx (accessed 29 November 2012). 37 See www.ohchr.org/EN/HRBodies/SP/Pages/Themes.aspx (accessed 29 November 2012). 38