- Contributing to the Special Procedures of the UN Commission on Human Rights
The Commission on Human Rights and the Economic and Social Council has established what are known as the Special Procedures of the Commission on Human Rights. These are a number of additional procedures and mechanisms, undertaken either by ‘working groups’ composed of experts acting in their individual capacity or by independent individuals known as ‘Special Rapporteurs’ or ‘Special Representatives’.
These Special Procedures offer a number of opportunities for involvement by non-governmental organisations or individuals, explained below:
Advocacy around an Optional Protocol to the Convention on Economic, Social and Cultural Rights.
At present, there is no formal procedure for the submission of individual complaints under the Convention on Economic, Social and Cultural Rights.
The Committee on Economic, Social and Cultural Rights has prepared a Draft Optional Protocol to the Convention, which would grant the right of individuals or groups to submit communications concerning non-compliance with the Convention, but this Draft Protocol has yet to be officially adopted by the relevant United Nations organs.
In a resolution adopted at the 59th Session of the Commission on Human Rights in 2003, a Working Group was established to deal with the issue of an Optional Protocol. The mandate of the Working Group is to consider options regarding the elaboration of the Optional Protocol.
The establishment of this Working Group provides an opportunity for civil society groups to submit reports and/or recommendations to the working group (via the Secretariat of the Office of the High Commissioner for Human Rights) for the establishment and drafting of the Optional Protocol.
Contributing to the Work of the Special Rapporteur on the Right to Water
The role of a Special Rapporteur includes fact-finding, undertaking in-depth studies, producing reports and providing recommendations for promoting realisation of the right in question. Many of the mandates of Special Rapporteurs actively encourage them to consult both governmental and civil society representatives to assist them in their work.
In its decision 2002/105 of 22 April 2002, the UN Commission on Human Rights approved the appointment of Mr. El-Hadji Guissé as Special Rapporteur on the Right to Water, mandating him to:
“ … conduct a detailed study on the relationship between the enjoyment of economic, social and cultural rights and the promotion of the realization of the right to drinking water supply and sanitation, at the national and international levels, taking also into account questions related to the realization of the right to development, in order to determine the most effective means of reinforcing activities in this field and defining as accurately and fully as possible the content of the right to drinking water in relation to other human rights …” and “ … to present his findings in a final report to be submitted at the fifty-sixth session of the Commission on Human Rights in 2004.”
The work of the Special Rapporteur on the Right to Water provides an ideal opportunity for advocacy groups concerned with water issues to influence opinion and developments on the right to water within the UN human rights system. Such groups can contribute to the work of the Special Rapporteur in several ways:
- by submitting reports or recommendations for the Special Rapporteur to the Secretariat of the Office of the High Commissioner for Human Rights
- by providing information or data on fact-finding missions
- by attending any public consultations arranged by the Special Rapporteur
- by responding to any calls for input from the Special Rapporteur.
Take Legal Action
In cases where the right to water has been violated and all other methods of redress have been exhausted, it may be necessary to undertake legal action. Examples of cases in which individuals or communities have sought legal redress on the right to water can be found by clicking here
