DEC/6/102 Follow-up to Human Rights Council resolution 5/1

Human Rights Council

Decision 6/102. Follow-up to Human Rights Council resolution 5/1

At its 20th meeting, on 27 September 2007, the Human Rights Council

decided to adopt, without a vote:

“I. GENERAL GUIDELINES FOR THE PREPARATION OF INFORMATION UNDER THE UNIVERSAL PERIODIC REVIEW

“Reaffirming the relevant provisions, related to the universal periodic review,

of General Assembly resolution 60/251 of 15 March 2006 and of Human Rights

Council resolution 5/1 of 18 June 2007 containing the institution-building package,

the Council adopts the following General Guidelines:

A. Description of the methodology and the broad consultation process

followed for the preparation of information provided under the universal

periodic review;

B. Background of the country under review and framework, particularly

normative and institutional framework, for the promotion and protection

of human rights: constitution, legislation, policy measures, national

jurisprudence, human rights infrastructure including national human

rights institutions and scope of international obligations identified in the

“basis of review” in resolution 5/1, annex, section IA;

C. Promotion and protection of human rights on the ground: implementation

of international human rights obligations identified in the “basis of

review” in resolution 5/1, annex, section IA, national legislation and

voluntary commitments, national human rights institutions activities,

public awareness of human rights, cooperation with human rights

mechanisms …;

D. Identification of achievements, best practices, challenges and constraints;

E. Key national priorities, initiatives and commitments that the State

concerned intends to undertake to overcome those challenges and

constraints and improve human rights situations on the ground;

F. Expectations of the State concerned in terms of capacity-building and

requests, if any, for technical assistance;

G. Presentation by the State concerned of the follow-up to the previous

review.

II. TECHNICAL AND OBJECTIVE REQUIREMENTS FOR ELIGIBLE CANDIDATES FOR MANDATE HOLDERS

A. Background

According to resolution 5/1, “the following general criteria will be of

paramount importance while nominating, selecting and appointing mandate holders:

(a) expertise; (b) experience in the field of the mandate; (c) independency; (d)

impartiality; (e) personal integrity; (f) objectivity”. Due consideration should be given

to gender balance as well as to appropriate representation of different legal systems.

“Eligible candidates are highly qualified individuals who possess established

competence, relevant expertise and extensive professional experience in the field of

human rights” (paras. 39-41).

B. General aspects

1. The Office of the United Nations High Commissioner for Human

Rights has the responsibility to “immediately prepare, maintain and periodically

update a public list of eligible candidates in a standardized format”. The list shall

include “personal data, areas of expertise and professional experience” (resolution 5/1,

para. 43).

2. The Secretariat may provide a standardized form, on the basis of the

technical and objective requirements stipulated below, for candidates to fill in, and

shall allow for highlighting any expertise they possess in specific areas, so as to

facilitate the selection of relevant candidacies from the roster as soon as appointments

for particular mandates are necessary.

3. The data and information provided by the candidates shall be

substantiated by appropriate written credentials to be annexed to the curricula vitae.

4. “A consultative group would be established to propose to the President,

at least one month before the beginning of the session in which the Council would

consider the selection of mandate holders, a list of candidates who possess the highest

qualifications for the mandates in question and meet the general criteria and practical

requirements” (resolution 5/1, para. 47).

C. Technical and objective requirements

The following should be considered:

1. Qualifications: relevant educational qualifications or equivalent

professional experience in the field of human rights; good communication skills in

one of the official languages of the United Nations.

2. Relevant expertise: knowledge of international human rights

instruments, norms and principles; as well as knowledge of institutional mandates

related to the United Nations or other international or regional organizations’ work in

the area of human rights; proven work experience in the field of human rights.

3. Established competence: nationally, regionally or internationally

recognized competence related to human rights.

4. Flexibility/readiness and availability of time to perform effectively the

functions of the mandate and to respond to its requirements, including attending

Human Rights Council sessions.

III. ADVISORY COMMITTEE OF THE HUMAN RIGHTS COUNCIL

Technical and objective requirements for the submission of candidatures

Mandate: In conformity with resolution 5/1, the technical and objective

requirements for the submission of candidatures will be established and approved by

the Human Rights Council at its sixth session (first session of the second cycle).

These should include:

− Recognized competence and experience in the field of human rights;

− High moral standing;

− Independence and impartiality.

When selecting their candidates, States should consult their national human

rights institutions and civil society organizations and apply the following guidelines

on technical and objective requirements for the submission of their candidates:

A. Competence and experience

− Academic studies in the field of human rights or related areas and/or experience and exposure to leadership roles in the human rights field at the

national, regional, or international level;

− Substantial experience (at least five years) and personal contributions in the field of human rights;

− Knowledge of the United Nations system and of institutional mandates and policies related to the work in the area of human rights, as well as knowledge

of international human rights instruments, norms, disciplines, and familiarity

with different legal systems and civilizations will be preferable;

− Proficiency in at least one of the United Nations official languages;

− Availability of time to fulfil the work of the Advisory Committee in an effective manner, both to attend its sessions and to carry out mandated

activities between sessions.

B. High moral standing

C. Independence and impartiality

Individuals holding decision-making positions in Government or any other

organization or entity which might give rise to a conflict of interest with

responsibilities inherent to the mandate shall be excluded. Elected members of the

Advisory Committee will act in their personal capacity.

D. Other considerations

The principle of non-accumulation of human rights functions at the same time

shall be respected.

In electing members of the Advisory Committee, the Council should give due

consideration to gender balance and appropriate representation of different

civilizations and legal systems.”

-----