On 18 June 2007, the Human Rights Council adopted resolution 5/1 entitled “Institution-Building of the United Nations Human Rights Council” by which a new complaint procedure was established to address consistent patterns of gross and reliably attested violations of all human rights and all fundamental freedoms occurring in any part of the world and under any circumstances. Scan & Copy, Request Articles, Books & Before filing a complaint, review the three lists below to make sure your complaint is (1) in our jurisdiction, (2) relates to a protected class, and (3) fits our investigative process. A communication related to a violation of human rights and fundamental freedoms is admissible, provided that: National human rights institutions, established and operating under the Principles Relating to the Status of National Institutions (the Paris Principles), in particular in regard to quasi-judicial competence, may serve as effective means of addressing individual human rights violations.
For communications under: Optional Protocol to the International Covenant on Civil and Political Rights; Convention against Torture, International Convention on the Elimination of Racial Discrimination or; Convention on the Rights of Persons with Disabilities; Please indicate which of the above procedures you are invoking Please provide the following personal details of that other personName: ……… First name(s): ………..Nationality: ……… Date and place of birth: ………..Address or current whereabouts: ………. Nonetheless, reliably attested communications shall not be inadmissible solely because the knowledge of the individual authors is second-hand, provided that they are accompanied by clear evidence; It is not exclusively based on reports disseminated by mass media; It does not refer to a case that appears to reveal a consistent pattern of gross and reliably attested violations of human rights already being dealt with by a special procedure, a treaty body or other United Nations or similar regional complaints procedure in the field of human rights; Domestic remedies have been exhausted, unless it appears that such remedies would be ineffective or unreasonably prolonged. 2- Complete the required information relating to your complaint, including:
the Inter-American Commission on Human Rights, the European Court of Human Rights, or the African Commission on Human and Peoples’ Rights)? Library, database of organizations in Consultative Status with ECOSOC and other accreditations, Office of the High Commissioner for Human Rights. [email protected], © 2020 United Nations
Communications not rejected in the initial screening are transmitted to the State concerned to obtain its views on the allegations of violations. The Commission was inaugurated on 02 October 1995 under the Human Rights Commission Act 54 of 1994 and as provided for by the Constitution of the Republic of South Africa Act 200 of 1993. States, on the other hand, may find themselves having to defend allegations of specific or systemic violations. Exhaustion of domestic remedies/Application to other international procedures. 25. Like the former 1503 procedure, it is confidential, with a view to enhance cooperation with the State concerned. Please indicate which of the above procedures you are invoking: ………Date: ………….
Submitting the communication:on the author’s own behalf: ………..on behalf of another person: ……….. [ If the complaint is being submitted on behalf of another person:]. Yes If you do not enclose this information and it needs to be sought specifically from you, or if accompanying documentation is not provided in the working languages of the Secretariat, the consideration of your complaint may be delayed. However, such a communication may be considered if it meets the other criteria for admissibility after deletion of the abusive language; It is submitted by a person or a group of persons claiming to be the victims of violations of human rights and fundamental freedoms, or by any person or group of persons, including non‑governmental organizations, acting in good faith in accordance with the principles of human rights, not resorting to politically motivated stands contrary to the provisions of the Charter of the United Nations and claiming to have direct and reliable knowledge of the violations concerned. The enquiries and complaints service can help by providing advice and information, and by suggesting how best to resolve your issue. The complaint procedure addresses communications submitted by individuals, groups, or non-governmental organizations that claim to be victims of human rights violations or that have direct, reliable knowledge of such violations. Name: ……… First name(s): ………….Nationality: ……… Date and place of birth: ………….Address for correspondence on this complaint: ……….. Further Info. V. Checklist of supporting documentation (copies, not originals, to be enclosed with your complaint): Written authorization to act (if you are bringing the complaint on behalf of another person and are not otherwise justifying the absence of specific authorization): …….. All local and national remedies must be exhausted before filing with the UN. We recommend contacting … Working Group on Situations – are responsible, respectively, for examining written communications and bringing consistent patterns of gross and reliably attested violations of human rights and fundamental freedoms to the attention of the Council. The complaint procedure addresses communications submitted by individuals, groups, or non-governmental organizations that claim to be victims of human rights violations or that have direct, reliable knowledge of such violations. Proceedings, Voting
navigation, All local and national remedies must be exhausted before filing with the UN, Welcome to the Manifestly ill-founded and anonymous communications are screened out. How do I file a human rights violation complaint with the United Nations? (Click in the “in this section” for more information on both Working Groups and the closed meetings of the Council). Office of the United Nations High Commissioner for Human RightsUnited Nations Office at Geneva Books & More, Print, [The blanks under the various sections of this model communication simply indicate where your responses are required. International Law Commission, July 2018. Complaint Form. Include all matters which may be relevant to the assessment and consideration of your particular case. 81 The new complaint procedure has been improved, … RELIEF DETAILS . Fax: (41 22) 917 90 11 All local and national remedies must be exhausted before filing with the UN . ……………, If so, detail which procedure(s) have been, or are being, pursued, which claims you have made, at which times, and with which outcomes: …………………………. United Nations, UN You may want to search for an NGO in your country using the database of organizations in Consultative Status with ECOSOC and other accreditations. 1. Toggle Guidelines on Article 14 - Certain conventions on human rights have mechanisms for addressing individual complaints, others may not.
Both the author of a communication and the State concerned are informed of the proceedings at each stage. Two distinct working groups - the Depository Libraries, Index to Complaints to and decisions by any other procedure of international investigation or settlement: …….. Any documentation or other corroborating evidence you possess that substantiates your description in Part IV of the facts of your claim and/or your argument that the facts described amount to a violation of your rights: …..…. Detail, in chronological order, the facts and circumstances of the alleged violations. Case names and other information may be found in the reports on the session(s) at which the case was considered. the Library, Access
This type of documentation is sometimes referred to as "jurisprudence" of the treaty bodies. Submit a complaint online (The complainer needs to register first on website) Or you can file a complaint via: Fax; Telephone; e-mail; Personal attendance; Kindly follow the below steps to file your complaint: 1- Print the form below and fill it in. complaint procedure form if you consider that your communication meets the abovementioned criteria. Other human rights complaints. Pursuant to paragraph 94 of resolution 5/1, the Chairperson of the Working Group on Communications, together with the Secretariat, undertake an initial screening of communications based on the admissibility criteria set in paragraphs 85 to 88 of resolution 5/1. The International Law Commission was established by the General Assembly, in 1947, to undertake the mandate of the Assembly, under article 13 (1) (a) of the Charter of the United Nations to "initiate studies and make recommendations for the purpose of ... encouraging the progressive development of international law and its codification".
It is not manifestly politically motivated and its object is consistent with the Charter of the United Nations, the Universal Declaration of Human Rights and other applicable instruments in the field of human rights law; It gives a factual description of the alleged violations, including the rights which are alleged to be violated; Its language is not abusive. Was this helpful?