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PROMOTING AND PROTECTING MINORITY RIGHTS
discussing economic, social and cultural rights, the Social Forum discusses issues linked with
the national and international environment needed for the promotion of the enjoyment of all
human rights by all. Recent discussions have addressed themes such as the right to development,
the impact of climate change, negative impacts of economic and financial crises on efforts to
combat poverty, and the role of women in the fight against poverty and the right to participation.
Discussions at the Social Forum may address issues of particular importance to minorities and
hence minorities are encouraged to take active part in its preparation and organization.33
The Expert Mechanism on the Rights of Indigenous Peoples, created by the Council in resolution
6/36, meets annually for up to five days.34
Complaint procedure
The complaint procedure of the Human Rights Council addresses “consistent patterns of gross
and reliably attested violations of all human rights and all fundamental freedoms occurring in
any part of the world and under any circumstances”. It is based on the former Commission’s
procedure 1503, improved to ensure that it is impartial, objective, efficient, victim-oriented and
conducted in a timely manner.
The complaint procedure of the Human Rights Council is the only universal complaint procedure
covering all human rights and fundamental freedoms in all States Members of the United Nations.
Communications under this procedure are not tied to the acceptance of treaty obligations by
the State concerned or the existence of a special procedures mandate. However, the procedure
does not provide a remedy for individual violations, nor does it provide compensation.
The key requirement for a communication under the complaint procedure is that it must involve a
“consistent pattern of gross and reliably attested human rights violations”, not simply an individual
case, except where the communication alone or in combination with other communications
appears to reveal a consistent pattern of gross and reliably attested violations of human rights
and fundamental freedoms.
A minority rights NGO could invoke the procedure in a situation of persistent de facto
discrimination or discriminatory legislation, provided that the alleged violations were sufficiently
serious.
Submission and consideration of complaints
In order to be admissible under the Human Rights Council complaint procedure, a communication
(i.e., complaint) should include:
• Identification of the person(s) or organization(s) submitting the communication (this
information will be kept confidential, if requested); anonymous complaints are not
admissible;
• Description of the relevant facts in as much detail as possible, providing names of alleged
victims, dates, location and other evidence;
• The purpose of the complaint and the rights allegedly violated;
• Explanation of how the case may reveal a pattern of gross and reliably attested human
rights violations rather than individual violations;
• Details of how domestic remedies have been exhausted, or explanation of how such
remedies would be ineffective or unreasonably prolonged.
See www.ohchr.org/EN/Issues/Poverty/SForum/Pages/SForumIndex.aspx (accessed 29 November 2012).
33
See www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/EMRIPIndex.aspx (accessed 29 November 2012).
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