discrimination as a key theme of the mandate and a fundamental principle in access to the right to health. The
SR expressed his intention to address the impact of discrimination and stigma on the health of particular groups
including racial and ethnic minorities during the course
of the mandate. The SR on adequate housing as a component of the right to an adequate standard of living,
addressed the issue of forced evictions in 2004. The report
examined the main causes of forced evictions, including
development-induced displacement, and eviction in conflict and post-conflict situations. The SR also examined
particular groups including minorities and indigenous
peoples who are more likely to be victims of forced displacement. NGOs with information relating to themes
being studied by the special procedures should send relevant information to the OHCHR. (See Annex 6.1 for
details.)
Individual communications
Some special procedures are authorized to intervene on
behalf of individuals. NGOs can submit information on a
specific violation to the expert. In some cases the expert
will send an urgent appeal to the government requesting
information on the allegation and seeking assurances that
the government will take preventative action or undertake
an investigation. Sometimes the fact that a violation has
been brought to the attention of a special procedure is
enough to stop human rights abuse. In some cases, the
government will reply to the expert, denying that violations have occurred or reassuring the expert that they will
take preventative action. In other cases, the expert will not
receive any response from the government. Apart from
reporting state failure to respond to the CHR or other
UN human rights bodies, in the hope that international
pressure will result in government action, there is little
else an expert can do. They can only intervene when they
receive credible information about a violation. Several
mechanisms provide specific guidelines on the format for
submitting information, see: http://www.unhchr.ch/html/
menu2/8/question.htm for details. Each expert decides,
on the basis of the information received, whether to take
up the case. If a complaint contains abusive language or is
obviously politically motivated, it will not be considered.
Experts include information about allegations of violations, and the response of the government concerned, in
their reports to the CHR. NGOs should send communications, addressed to the relevant special procedure, to the
OHCHR. (See Annex 6.1.)
other actors to directly assess the situation. Experts require
an invitation from the government to make a visit. In
some cases governments refuse their requests to visit.
Some governments, however, have issued a ‘standing invitation’ to all special procedures. This means that any
expert can visit that country. See: http://www.unhchr.ch/
html/menu2/2/invitations.htm for a list. Due to UN budget constraints, experts usually only make two visits in a
year. They require freedom of movement and freedom to
meet with whoever they choose, without government
interference. For a comprehensive list of past visits, by
country with links to visit reports and details of planned
future visits, see: http://www.unhchr.ch/html/menu2/2/
visits.htm.
Country visits have been cut short or cancelled
because of constraints imposed on experts by governments. For example the SR on the situation of human
rights in Myanmar/Burma suspended a visit in March
2003 after finding a listening device in the room where he
was conducting interviews.38 Experts also request assurances from governments that the people they meet will
not face threats or harassment as a result of cooperating
with them. However, this does not necessarily guarantee
safety. In Brazil, in October 2003, two witnesses were
assassinated shortly after providing testimony to the SR
on extrajudicial, summary and arbitrary executions.39
Experts will try to follow-up a person’s situation with governments if they have concerns in this regard. For example, the SR on the right to education highlighted in her
2003 report her ongoing concern about the fate of a
group of Kurdish students she had met during her mission to Turkey, and the failure of the government to
respond to her enquiries.40
NGOs can get involved at all stages of a country visit.
They can lobby the government to invite a particular
expert, or to issue a standing invitation to all special procedures. When an expert visits, NGOs can provide information to and/or meet the expert. They can request the
expert to raise issues or violations with the government
and to seek dialogue or redress for victims. NGOs can use
the visit to gain national media interest in their issues of
concern and, following the visit, they can use the expert’s
reports to put pressure on the government to improve the
situation.
Country visits
4.3 Sub-Commission on the
Promotion and Protection of
Human Rights
Many mandates authorize the SR or IE to undertake
country visits. (See Annex 6.5 for details.) These allow
experts to meet with government officials, NGOs and
The Sub-Commission is a subsidiary body of the CHR. It
consists of 26 experts who serve in an independent and
individual capacity. They are nominated by states and
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MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS