Guide to International Human Rights Mechanisms - Brookings

Go To Part I II III IV V
International Mechanisms | Human Rights Treaty Bodies
evaluation Among the international human rights mechanisms administered by the United
Nations, the Human Rights Committee is among the most formal in its consideration of individual
communications. It is also the UN treaty body with the largest volume of individual cases, in part
because of the wide scope of rights guaranteed by the CCPR, many of which are relevant to IDP
needs. The Committee’s “Views” on individual complaints have substantial authority – considered
by many to be greater than that of the “letters of allegation” and “urgent appeals” issued by many
Special Procedures – but they are not binding on states in the same sense as opinions of the regional
human rights courts. Therefore, if the latter mechanisms are available in the circumstances of a
particular case, they will probably be preferable to using the Committee.
Unlike the 1503 procedure (page 51), the Committee provides individualized treatment for
complaints. The Committee also has an expedited procedure called “interim measures” which can
be applied in urgent situations pending final resolution of a communication, but it does not function
as quickly as the “urgent appeals” procedure of many Special Procedures (which can sometimes
react in a single day).
If there is a choice available between the Human Rights Committee and other treaty bodies, factors
to consider include the scope of rights that can be asserted to the Committee under the CCPR as
opposed to the treaties monitored by other bodies, the history of a particular state’s compliance with
the views and recommendations of the various treaty bodies, and the time necessary for completion
of the case. Most cases in the Human Rights Committee take between 3 and 4 years to complete.
The Committee has addressed issues of importance to IDPs in many of its views, concluding
observations and general comments. These include, for example, its General Comment 27 on
the Right to Freedom of Movement 49 and some of its recent concluding observations on state
reports. 50 In addition to carefully considering the text of the CCPR, those preparing individual
communications should study this jurisprudence and refer to it where appropriate, as the CCPR
tends to follow its own precedent. It is partly for this reason, and partly because of the stringent
admissibility requirements described in abbreviated fashion below, that the authors recommend
that IDPs and concerned NGOs seek a lawyer with experience in human rights to prepare a
communication. Unfortunately, the Committee does not provide free legal aid.
In addition to submitting communications, concerned NGOs should consider submitting systemic
information on IDP rights issues to the Committee as background for its consideration of state
periodic reports. Information about when such reports are due and how information may be provided
can be obtained from the Secretary of the Committee (whose contact information is below) and the
website of the Office of the High Commissioner for Human Rights (www.ohchr.org).
Who may submit communications Only an individual whose rights have allegedly been violated
or his or her direct representative (such as a lawyer) may submit a communication.
49 U.N. Doc. CCPR/C/21/Rev.1/Add.9.
50 U.N. Docs. CCPR/CO/79/RUS; CCPR/CO/80/UGA.
Guide to International Human Rights Mechanisms
for Internally Displaced Persons and their Advocates 121