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5/31/2016

Human Rights Council Complaint Procedure

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English > Human Rights Bodies > HRC > Complaint Procedure

In this section
Complaint Proc edure
Home
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Working Group on
Communic ations
Working Group on
Situations
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Human Rights Counc il
History of situations
c onsidered sinc e the
establishment of the
c omplaint proc edure
Review of the c omplaint
proc edure

HUMAN RIGHTS COUNCIL COMPLAINT PROCEDURE


On 18 June 2007, the Human Rights Counc il adopted resolution 5/1 entitled
Institution-Building of the United Nations Human Rights Counc il by whic h a new
c omplaint proc edure was established to address c onsistent patterns of gross and
reliably attested violations of all human rights and all fundamental freedoms
oc c urring in any part of the world and under any c irc umstanc es.
The c omplaint proc edure addresses c ommunic ations submitted by individuals,
groups, or non-governmental organizations that c laim to be vic tims of human
rights violations or that have direc t, reliable knowledge of suc h violations.
Like the former 1503 proc edure, it is c onfidential, with a view to enhanc e
c ooperation with the State c onc erned. The new c omplaint proc edure has been
improved, where nec essary, to ensure that the proc edure be impartial, objec tive,
effic ient, vic tims-oriented and c onduc ted in a timely manner.

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See also
Complaint mec hanism of
the Spec ial Proc edures
Treaty-based c omplaint
proc edures
Human Rights Counc il
Advisory Committee

History of situations considered since the establishment of the complaint


procedure
How does the complaint procedure work?
Pursuant to paragraph 94 of resolution 5/1, the Chairperson of the Working Group
on Communic ations, together with the Sec retariat, undertake an initial sc reening
of c ommunic ations based on the admissibility c riteria set in paragraphs 85 to 88
of resolution 5/1. Manifestly ill-founded and anonymous c ommunic ations are
sc reened out. Communic ations not rejec ted in the initial sc reening are
transmitted to the State c onc erned to obtain its views on the allegations of
violations. Both the author of a c ommunic ation and the State c onc erned are
informed of the proc eedings at eac h stage.
Two distinc t working groups - the Working Group on Communic ations and the
Working Group on Situations are responsible, respec tively, for examining written
c ommunic ations and bringing c onsistent patterns of gross and reliably attested
violations of human rights and fundamental freedoms to the attention of the
Counc il. (Clic k in the in this sec tion for more information on both Working
Groups and the c losed meetings of the Counc il).
What are the criteria for a communication to be accepted for examination?
A c ommunic ation related to a violation of human rights and fundamental freedoms
is admissible, provided that:
It is not manifestly politic ally motivated and its objec t is c onsistent with the
Charter of the United Nations, the Universal Dec laration of Human Rights and
other applic able instruments in the field of human rights law;
It gives a fac tual desc ription of the alleged violations, inc luding the rights
whic h are alleged to be violated;
Its language is not abusive. However, suc h a c ommunic ation may be
c onsidered if it meets the other c riteria for admissibility after deletion of the
abusive language;
It is submitted by a person or a group of persons c laiming to be the vic tims of
violations of human rights and fundamental freedoms, or by any person or
group of persons, inc luding nongovernmental organizations, ac ting in good
faith in ac c ordanc e with the princ iples of human rights, not resorting to
politic ally motivated stands c ontrary to the provisions of the Charter of the
United Nations and c laiming to have direc t and reliable knowledge of the
violations c onc erned. Nonetheless, reliably attested c ommunic ations shall not
be inadmissible solely bec ause the knowledge of the individual authors is

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5/31/2016

Human Rights Council Complaint Procedure


sec ond-hand, provided that they are ac c ompanied by c lear evidenc e;
It is not exc lusively based on reports disseminated by mass media;
It does not refer to a c ase that appears to reveal a c onsistent pattern of
gross and reliably attested violations of human rights already being dealt with
by a spec ial proc edure, a treaty body or other United Nations or similar
regional c omplaints proc edure in the field of human rights;
Domestic remedies have been exhausted, unless it appears that suc h
remedies would be ineffec tive or unreasonably prolonged.
National human rights institutions, established and operating under the Princ iples
Relating to the Status of National Institutions (the Paris Princ iples), in partic ular
in regard to quasi-judic ial c ompetenc e, may serve as effec tive means of
addressing individual human rights violations.
How to submit communications?
Please fill out the complaint procedure form if you c onsider that your
c ommunic ation meets the abovementioned c riteria.
Where to send communications?
Communic ations intended for handling under the Human Rights Counc il c omplaint
proc edure may be addressed to:
Complaint Proc edure Unit
Human Rights Counc il Branc h
Offic e of the United Nations High Commissioner for Human Rights
United Nations Offic e at Geneva
CH-1211 Geneva 10, Switzerland
Fax: (41 22) 917 90 11
E-mail: CP@ohc hr.org

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