Minority rights focus in the United Nations 31
descent, contemporary forms of racism and cultural rights also regularly pay attention to minority
concerns. These mechanisms are discussed more fully below.
All mandate holders of the special procedures serve in their personal capacity, and do not receive
a salary or other financial compensation for their work from the United Nations.39 They are not
United Nations staff members but are supported by OHCHR; they enjoy diplomatic immunity
when they are carrying out their mandate. Over the past few years, special procedures have
been trying to enhance their coordination and coherence as a system of independent experts,
through a coordination committee that supports the harmonization of their working methods and
advocates on behalf of the system.
The independence of special procedures is crucial to their ability to fulfil their functions impartially.
A code of conduct reiterates this independence and calls upon States to cooperate with special
procedures, but it also emphasizes that special procedures are to focus exclusively on the
respective mandate, maintain the trust of stakeholders (including States), seek to engage in a
dialogue with States and ensure that full consideration is given to State responses.40
Some special procedures intervene directly with States through communications on specific
allegations of violations of human rights which fall within their mandates. An intervention can relate
to a human rights violation that has already occurred, is ongoing or has a high risk of occurring.
The process usually involves sending a letter to the State concerned requesting information and
comments on the allegation and, where necessary, that preventive or investigatory action be
taken.
Upon receiving information about an alleged violation, special procedures send a letter of
allegation or urgent appeal to the Government. Letters of allegation are based on information
relating to ongoing or non-urgent issues of concern and seek to obtain information from and
the views of a State. Urgent appeals normally reflect more immediate concern about alleged
violations and may call for immediate action by a State to cease acts that allegedly violate
human rights or to protect an individual or group from harm. In 2011, 645 communications
were sent to 131 States; 72 per cent were joint communications involving several mandates, a
practice that is becoming increasingly common.
The decision to intervene directly is at the discretion of the special procedure mandate holder
and will depend on the criteria established by him or her, the authority granted under the
mandate and the requirements of the code of conduct. The criteria will generally relate to the
reliability of the source, the credibility of information received and the degree of detail provided.
However, because the criteria and the means of taking action upon receipt of a complaint vary, it
is necessary to submit a communication in accordance with the specific requirements established
by each special procedure.
For a communication to be assessed, it must identify the alleged victim(s), perpetrators of the
violation, and date and place of the incident, and provide a detailed description of the incident
in which the alleged violation occurred. While the identification of the person or organization
submitting a communication may be kept confidential upon request, it must be indicated with
the communication. Other details pertaining to the alleged violation may be required by the
relevant thematic mandates (e.g., past and present places of detention of the victim, medical
certificate based on examination of the victim, identification of witnesses to the alleged violation,
any measures undertaken to seek redress locally, etc.). Communications which contain abusive
A visual directory of special procedures, including e-mail addresses, is available from www2.ohchr.org/english/
ohchrreport2011/web_version/media/pdf/18_Visual_directory_of_special_procedures.pdf (accessed 29
November 2012).
39
Human Rights Council resolution 5/2.
40