Délégation Permanente de L’UNION AFRICAINE A GENEVE Téléphone : (41-22) 716 06 40 Téléfax : (41-22) 731 68 18 mailto:AU-Geneva@africa-union-gvao.org AU-Geneva@africa-union-gvao.org PErmanent delegation of the african union in geneva 36, rue des Pâquis C.P. 127 – 1211 Genève 21 Suisse (Switzerland) mailto:mission-observer.au@africanunion.ch mission-observer.au@africanunion.ch HUMAN RIGHTS COUNCIL ***** Revision of Mandates Working Group on the Implementation of Paragraph 6 of Resolution 60/251 ***** Draft Resolution : Code of Conduct for Mandate Holders of the Special Procedures of the Human Rights Council Algeria on behalf of the African Group Geneva, 20 April 2007 The Human Rights Council, Guided by the aims and principles of the United Nations Charter and the Universal Declaration of Human Rights; Recalling the Vienna Declaration and Programme of Action adopted on 25 June 1993 by the World conference on Human Rights; Recalling that in its Resolution 60/251 of 15 March 2006, entitled “Human Rights Council”, the General Assembly: - stressed the importance of “ensuring universality, objectivity and non-selectivity in the consideration of human rights issues and the elimination of double standards and politicisation”; that it further recognised that the promotion and protection of human rights “should be based on the principles of cooperation and genuine dialogue and aimed at strengthening the capacity of Member States to comply with their human rights obligations for the benefit of all human beings”; that it decided that “the work of the Council shall be guided by the principles of universality, impartiality, objectivity, and non-selectivity, constructive international dialogue and cooperation, with a view to enhancing the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development”; that it also decided that “the method of work of the Council shall be transparent, fair and impartial and shall enable genuine dialogue, be results-oriented, allow for subsequent follow-up discussions to recommendations and their implementation and also allow for substantive interaction with special procedures and mechanisms”; Underlining the centrality of the notions of impartiality, objectivity, and independence as well as the technical skills of mandate-holders, within the context of special procedures, along with the need to give the required degree of attention to all human rights violations, wherever they may be taking place; Bearing in mind that the efficiency of the system of special procedures should be reinforced through the consolidation of the status of mandate-holders and the adoption of principles and regulations taking the specificities of their mandate into consideration; Considering that it is necessary to help all stakeholders, including States, human rights national institutions, non-governmental organisations and individuals, to better understand and support the activities of mandate-holders; Noting articles 100, 104, 105 of the United Nations Charter; Noting section 22 of article VI of the Convention on the Privileges and Immunities of the United Nations, dated 13 February 1946; Noting paragraph 6 of Resolution 60/251 of the General Assembly of 15 March 2006; Noting Decision 1/102 of the Council, of 30 June 2006, exceptionally extending the mandates and mandate holders of the special procedures of the Human Rights Commission, the Sub-Commission for the promotion and the protection of human rights for one year, as well as the procedure that was established pursuant to Resolution 1503 (XLVIII) of the Economic and Social Council, of 27 May 1970; Noting its Decision 1/104, of 30 June 2006, establishing the Open-ended, Inter-sessional, Intergovernmental Working Group entrusted with the task of formulating recommendations on the issue of the review, and possibly the enhancement and rationalisation of all mandates, mechanisms, functions and attributions of the Human Rights Commission, in order to maintain a regime of special procedures compliant with paragraph 6 of resolution 60/251 mentioned above; Noting its Resolution 2/1, of 27 November 2006 requesting the Open-ended, Inter-sessional, Intergovernmental Working Group to “draft a code of conduct regulating the work of the special procedures”; Considering that without prejudice to this independence, a certain number of measures could be taken to ensure the proper discharge of their prerogatives; Considering that such a Code of conduct will strengthen the capacity of mandate-holders to exercise their functions whilst enhancing their moral authority and credibility; Also considering that one should distinguish between on the one hand, the independence of mandate-holders, which is absolute in nature, and one the other hand, their prerogatives, as circumscribed by their mandate, the mandate of the Human Rights Council, and the provisions of the United Nations Charter; Further considering that it is desirable to spell out, complete, and increase the visibility of the rules and principles governing the behaviour of mandate-holders; Noting the Regulations governing the Status, Basic Rights and Duties of non UN Secretariat Officials and Experts on Mission that was adopted by the General Assembly, on 27 March 2002; Noting the UN Manual of Special Procedures on Human Rights adopted in 1999 during the sixth annual meeting of mandate-holders, as revised; Taking note of the deliberations and proposals of the Open-ended, Inter-sessional, Intergovernmental Working Group; Adopts the Code of Conduct for Mandate-Holders under the Special Procedures of the Human Rights Council, herewith appended and whose provisions should be disseminated by the Office of the High Commissioner for Human Rights, to the Mandate-Holders, to the Member States of the United Nations and to other concerned parties. ANNEX Draft Code of Conduct for the Mandate-Holders under the Special Procedures of the Human Rights Council Article 1 – Purpose of the Code of Conduct The purpose of this Code of Conduct is to define the standards of professional behaviour that mandate-holders under the Special Procedures of the Human Rights Council (hereinafter referred to as “mandate-holders”) are called upon to observe whilst discharging their mandates. Article 2 – Complementary nature of the provisions of the Code of conduct a) This Code complements the Regulations governing the Status, Basic Rights and Duties of non UN Secretariat Officials and Experts on Mission, (hereinafter referred to as “UN Regulations governing the Status of Experts on Mission”). b) The provisions of the Manual of Special Procedures on Human Rights complement those of the present Code. c) Mandate-holders are provided by the High Commissioner for Human Rights, along with the documentation pertaining to their mission, with a copy of this Code of which they must acknowledge receipt. Article 3 – Status of mandate-holders a) Mandate-holders are independent person; they exercise their functions in accordance with their mandate, through a professional, impartial and law-based assessment of the facts, without outside influence, incitement, pressure, threat or interference, either direct or indirect, on the part of any party, whether stakeholder or not, for any reason whatsoever; the notion of independence is linked to the status of mandate-holders, and to their freedom to assess the human rights questions that they are called upon to examine under their mandate. b) Mandate-holders exercise their functions on a personal basis, their responsibilities being not of a national but exclusively of an international nature. c) When exercising their functions, the mandate-holders enjoy the privileges and immunities provided for under section 22 of Article VI of the United Nations Convention on Privileges and Immunities; these privileges and immunities notwithstanding, the mandate holder must respect the national legislation and regulations of the country wherein they are exercising their missions. Article 4 – Solemn declaration Prior to assuming their functions, mandate-holders make in open sitting of the Human Rights Council (hereinafter referred to as the “Council”), the following solemn declaration: “I solemnly declare that I shall exercise my functions from a completely impartial, loyal and conscientious standpoint, scrupulously observing the truth and that I shall discharge these functions and regulate my conduct in a manner totally in keeping with the terms of my mandate and the interests of the Organisation of the United Nations, without seeking or accepting any instruction from any other party whatsoever”. Article 5 – Prerogatives Without prejudice to prerogatives for which provision is made as part of their mandate, the mandate-holders will: a) establish the facts, based on objective, reliable information, that has been duly verified by them; b) evaluate these facts in light of universally recognised human standards and of international conventions ratified by the State concerned; Article 6 – General principles of conduct While discharging their mandate, mandate-holders must: a) keep in mind the mandate of the Council to contribute to the promotion and protection of human rights, through dialogue and cooperation; b) focus exclusively on the interests of the Organisation of the United Nations, constantly keeping in mind their fundamental obligations to observe the truth, loyalty and independence pertaining to their mandate; c) uphold the highest standards of efficiency, competence and integrity; by integrity, is meant, in particular, though not exclusively, probity, impartiality, equity, honesty and good faith; d) neither seek nor accept instructions from any Government, individual, governmental or non-governmental organisation or pressure group whatsoever; e) adopt a conduct that is consistent with their status, at all times; f) be aware of the importance of their duties and responsibilities, take the particular nature of their mandate into consideration and behave in such a way as to maintain and reinforce the trust they enjoy from all stakeholders. g) not use his/her office or knowledge gained from his/her functions for private gain, financial or otherwise, or for the gain and/ detriment of any third party. h) not accept any honour, decoration, favour, gift or remuneration from any government or non governmental source for activities carried out in pursuit of his/her mandate. Article 7 – Observance of the terms of the mandate Mandate-holders must exercise their functions in strict observance of the terms of reference of their mandate; in case of doubt, they must seek guidance from the Council. Article 8 – Sources of information In gathering information, the Mandate-holders must: a) Be guided by the principles of discretion, transparency and impartiality, and exercise caution; b) Verify the veracity of the facts along with the validity of the positions on which they base their reports and conclusions. c) give Representatives of the concerned State the opportunity of commenting their assessment and of responding to the allegations made against this State. Article 9 – Field visits Mandate-holders must ensure : a) that their visit is conducted in compliance with the terms of reference of their mandate ; b) that their visit is conducted with the consent and cooperation, or at the invitation, of the concerned State; c) that they prepare their visit in close collaboration with the Permanent Mission of the concerned State to the UN Office in Geneva; d) establish a dialogue with the relevant Government authorities. Article 10 – The non political nature of the mandate a) The mandate-holders must bear in mind the non political nature of their mandate and ensure that their opinions, convictions and declarations are without prejudice to the execution of their mission, and have no influence on their conclusions and recommendations. b) To this effect, they shall show restraint, moderation and discretion so as not to undermine the independent nature of their mandate or the environment necessary to properly discharge the said mandate. Article 11 - Relations with the media Mandate-holders must: a) avoid making any declaration that is incompatible with the integrity, independence and impartiality which their status requires, and which is likely to undermine a constructive dialogue among stakeholders or hamper the efficient and consensual promotion and protection of human rights; b) ensure that the concerned State and the Council are the first recipients of their conclusions and recommendations; Article 12 – Channel of communication with Governments Mandate-holders must ensure that all their communications to the Government of a State concerned, including under an urgency procedure, are addressed exclusively to the Permanent Mission of the relevant State duly accredited to the Office of the United Nations in Geneva, in compliance with the current regulations and practices within the Organisation of the United Nations. Article 13 – Urgent appeals Mandate-holders must only resort to urgent appeals after an objective and impartial assessment of the existence of gross violations of Human Rights. Article 14 – Recommendations While formulating their recommendations, mandate-holders must: a) bear in mind the need to promote dialogue and cooperation with the State concerned; b) ensure that their recommendations do not exceed either their mandate or the mandate of the Human Rights Council and that these recommendations comply with the provisions of the United Nations Charter. Article 15 – Relations with the Council Mandate-holders are accountable to the Council, which appoints them and defines their mission, for the way in which they fulfill their mission. ------------------------------   8 Code of Conduct: Tuesday 13 March 207