This is a confidential procedure that enables individuals,
groups and NGOs to inform the UN of any human
rights situation that may reveal a consistent pattern of
gross and reliably-attested violations of human rights and
fundamental freedoms. This is not a procedure for dealing
with individual complaints, and complaints do not have
to be submitted by the victims themselves. This procedure
has universal applicability, irrespective of ratifications of
human rights treaties by the state concerned. The 1503
Procedure (named after the ECOSOC Resolution by
which it was established in 1970) refers to rights and freedoms that are considered as common standards for all
states, most importantly the provisions of the Universal
Declaration of Human Rights (UDHR).
Individuals, groups or NGOs who claim to be the victim or victims of, or who have direct and reliable knowledge about, human rights violations may submit a communication under the 1503 Procedure. The information
must be reliable and the communication must be submitted in good faith. The contents of the communication
must not be inconsistent with the principles of the UN
Charter, the UDHR or other human rights instruments.
A communication must not be anonymous and will be
found inadmissible if it shows political motivations, or if
the language is abusive or contains insults directed
towards the state in question.
The communication should outline the facts and refer
to the human rights and minority rights standards that
have allegedly been violated. Complaints should contain
evidence to support allegations made and it is advisable to
focus on a group or series of cases. The evidence supplied
should support the argument that there is a consistent
pattern of gross and reliably-attested violations of human
rights and fundamental freedoms in a state.
The complaints are scrutinized in confidence, initially
by the secretariat. NGOs will be informed if their complaint passes initial screening by the secretariat. It will be
sent to the government concerned for comments and
passed for consideration by working groups of the CHR
and its Sub-Commission. After that point, you will not be
informed of any further progress of the complaint, nor
will you receive information about the government
response. The member states of the CHR consider, in private meetings, communications submitted to them by the
working groups, and concerned governments are invited
to answer questions. Following this the CHR may recommend one of the following actions:
• to keep the situation under review in light of information submitted by the government concerned and
from any other source;
• to keep the situation under review and appoint an IE
or ask the Secretary-General to appoint an SR to collect more information from the government and the
people and report back to the Commission;
• to decide to discontinue the case and place it under a
public procedure; or
34
MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS
The Caucus of Minorities
The 2003 WGM saw an important new development. For the
first time, the WGM turned the meeting room, including interpreters, over to minority NGOs for a two-hour closed meeting
in which the NGOs formulated detailed recommendations for
the WGM to consider. The idea came from a discussion
between several NGOs who proposed to the WGM that all
NGOs present be given time to meet. There was opposition
from some governments who objected to an NGO meeting
taking place within the ordinary time of the WGM and using
the UN translation facilities. Others objected to the possibility
that NGOs might write the recommendations of the WGM.
However, the chair supported the proposal and stressed that
all recommendations submitted to the WGM would be carefully considered by the members. The first ever ‘Caucus of
Minorities’ produced some interesting discussions on ways to
strengthen the mechanisms for the protection of minority
rights in the UN system and submitted extensive recommendations to the WGM. Many of these recommendations were
taken up by the WGM in their own recommendations issued at
the end of the session. The Caucus met again during the 2004
session. The 2004 Caucus reported its conclusions to the
WGM and some issues were included by the WGM in their
recommendations. It is important that this positive step is built
on in future sessions of the WGM. The more that minority
NGOs work together, the stronger their voice becomes.
Afro-descendants in the Americas, and aimed to provide
concrete practical recommendations for the WGM and
OHCHR. The seminar in Thailand focused on cultural
diversity and development. Reports from the regional
seminars are available on the OHCHR website. NGOs
have welcomed and encouraged regional seminars. One
of the main objectives of regional seminars, apart from
discussion of the particular theme, is to reach out to
NGOs and other experts in those regions who are
unable, for practical reasons, to travel to Geneva. This
illustrates how keen the WGM is to ensure that it roots
its discussions in the realities faced by minority communities. The WGM envisages holding a follow-up seminar
on Afro-descendant issues and another, organized with
the Council of Europe, on Roma issues that would
include participation of Roma from non-European
countries.
4.5 Complaints under the 1503
Procedure