Procedure for dealing with communications relating to violations
of human rights and fundamental freedoms
The Economic and Social Council,
Noting resolutions 7 (XXVI) and 17 (XXV) of the Commission
on Human Rights and resolution 2 (XXI) of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities,
1. Authorizes the Sub-Commission on Prevention of Discrimination and
Protection of Minorities to appoint a working group consisting of not more than
twenty-five members, with due regard to geographical distribution, to meet once
a year in private meetings for a period not exceeding ten days immediately before
the sessions of the Sub-Commission to consider all communications, including
replies of Governments thereon, received by the Secretary-General under Council
resolution 728 F (XXVIII) of 30 July 1959 with a view to bringing to the attention
of the Sub-Commission those communications, together with replies of Governments,
if any, which appear to reveal a consistent pattern of gross and reliably attested
violations of human rights and fundamental freedoms within the terms of reference
of the Sub-Commission;
2. Decides that the Sub-Commission on Prevention of Discrimination
and Protection of Minorities should, as the first step in the
implementation of the present resolution, devise at its twenty-third
session appropriate procedures for dealing with the question of
admissibility of communications received by the Secretary-General
under Council resolution 728 F (XXVIII) and in accordance with
Council resolution 1235 (XLII) of 6 June 1967;
3. Requests the Secretary-General to prepare a document
on the question of admissibility of communications for the Sub-Commission's
consideration at its twenty-third session;
4. Further requests the Secretary-General:
(a) To furnish to the members of the Sub-Commission every month
a list of communications prepared by him in accordance with Council
resolution 728 F (XXVIII) and a brief description of them together
with the text of any replies received from Governments;
(b) To make available to the members of the working group at their
meetings the originals of such communications listed as they may
request, having due regard to the provisions of paragraph 2(b)
of Council resolution 728 F (XXVIII) concerning the divulging
of the identity of the authors of communications;
(c) To circulate to the members of the Sub-Commission, in the
working languages, the originals of such communications as are
referred to the Sub-Commission by the working group;
5. Requests the Sub-Commission on Prevention of Discrimination
and Protection of Minorities to consider in private meetings,
in accordance with paragraph 1 above, the communications brought
before it in accordance with the decision of a majority of the
members of the working group and any replies of Governments relating
thereto and other relevant information, with a view to determining
whether to refer to the Commission on Human Rights particular
situations which appear to reveal a consistent pattern of gross
and reliably attested violations of human rights requiring consideration
by the Commission;
6. Requests the Commission on Human Rights after it has
examined any situation referred to it by the Sub-Commission to
determine:
(a) Whether it requires a thorough study by the Commission and
a report and recommendations thereon to the Council in accordance
with paragraph 3 of Council resolution 1235 (XLII);
(b) Whether it may be a subject of an investigation by an ad
hoc committee to be appointed by the Commission which shall
be undertaken only with the express consent of the State concerned
and shall be conducted in constant co-operation with that State
and under conditions determined by agreement with it. In any event,
the investigation may be undertaken only if:
(i) All available means at the national level have been resorted
to and exhausted;
(ii) The situation does not relate to a matter which is being
dealt with under other procedures prescribed in the constituent
instruments of, or conventions adopted by, the United Nations
and the specialized agencies, or in regional conventions, or which
the State concerned wishes to submit to other procedures in accordance
with general or special international agreements to which it is
a party.
7. Decides that if the Commission on Human Rights appoints
an ad hoc committee to carry on an investigation with the
consent of the State concerned:
(a) The composition of the committee shall be determined by the
Commission. The members of the committee shall be independent
persons whose competence and impartiality is beyond question.
Their appointment shall be subject to the consent of the Government
concerned;
(b) The committee shall establish its own rules of procedure. It shall be subject
to the quorum rule. It shall have authority to receive communications and hear
witnesses, as necessary. The investigation shall be conducted in co-operation
with the Government concerned;
(c) The committee's procedure shall be confidential, its proceedings
shall be conducted in private meetings and its communications
shall not be publicized in any way;
(d) The committee shall strive for friendly solutions before,
during and even after the investigation;
(e) The committee shall report to the Commission on Human Rights
with such observations and suggestions as it may deem appropriate;
8. Decides that all actions envisaged in the implementation
of the present resolution by the Sub-Commission on Prevention
of Discrimination and Protection of Minorities or the Commission
on Human Rights shall remain confidential until such time as the
Commission may decide to make recommendations to the Economic
and Social Council;
9. Decides to authorize the Secretary-General to provide all facilities
which may be required to carry out the present resolution, making use of the
existing staff of the Division of Human Rights of the United Nations Secretariat;
10. Decides that the procedure set out in the present resolution
for dealing with communications relating to violations of human
rights and fundamental freedoms should be reviewed if any new
organ entitled to deal with such communications should be established
within the United Nations or by international agreement.