In the Name of God Statement by the Delegation of the Islamic Republic of Iran On the Review of Mandates and Mechanisms 7- 8th September 2006 The review process aims at strengthening the promotion and protection of human rights in the context of the UN human rights system. The need to ensure the objectivity, impartiality and independence of the all mandates holders is an important part of the review process. At this stage my delegation would like to make the following contribution: Special procedures -The special Procedures are crucial part of the United Nations human rights machinery. What is important is to maintain the highest standards of impartiality, objectivity, independence and expertise. This applies also to the process of selection and appointment of special procedures. -As working group moves forward, careful consideration should be given to overlapping and duplicative mandates. The possibility of merging some mandates in order to streamline the work of system should be part of the agenda of the working group. In the process of rationalization, equal weight must be given to civil and political rights and economic, social and cultural rights. -Working Group should look at country mandates with a view to review and remove them from the system of special procedures. Since these mandates were the main cause of politicization and confrontation in the Commission on Human Rights. -The scope of the current mandates and new thematic mandates should be set out carefully by the Council. Without agreed criteria and guidelines on the scope of their work, States would again question the system of mandate holders. - Mandates holders should be elected by the Council. The composition of the mandate holders system should represent geographical distribution, different legal systems, and various cultural and religions values. -Term of membership of mandate holders should not extend beyond 3 years. The mandate holders could be eligible for re- election to another mandate only after lapse of at least one term of three years. Working group also need to review and possibility of retirement of those mandate holders with long term office in different mandates. -We support establishment of a comprehensive manual, including a code of conduct, for all special procedures. -This working group should consider a regular review of mandates to ensure that the system of mandate holders runs at its highest capacity. Sub - Commission -Islamic Republic of Iran is of the view that in order to establish a clear role for a professional group of independent experts significant improvements should be made to the existing election process and operations of the expert body. -The body should reflect an equitable geographical distribution. The size of the new expert body should not be either increased or decreased. However, more seats need to be allocated to the Asian region. -States should be able to nominate candidates from their own nationals. -Members should be elected by the Human Rights Council. Term of membership should be limited for a maximum of two terms of 3 years each. -Membership of the expert body should not be limited only to members of the Human Rights Council. -Its function and work should be thematic and should not take up country – specific issues. -The expert body itself and members should be reviewed every three years. Also the expert body should undertake a review of the inter – sessional Working Groups. -The body should reconsider and limit the number of initiatives, resolutions and decisions. 1503 procedure -The real performance of this mechanism, in a logical setting, should allow the human rights machinery to address human rights violations in a non - politicized, non – selective, objective and more cooperative and constructive manner. This procedure was created by ECOSOC resolution and then need to be renewed under the General Assembly. - Confidentiality and a set of criteria for admissibility of complaints are positive features of this procedure. These criteria should be observed by the secretariat, and two working groups on communications and situations. However, the shortcomings of the 1503 procedure should be acknowledged and overcome within this working group. - A country concerned should be allowed to provide inputs directly to the mechanism processing the complaints. - Before examination of a communications all domestic remedies should be exhausted. Any decision to refer a country to the Council should be based on a clear set of criteria and comprehensive information which indicates a pattern of systematic and grave violations of human rights. ------------------------ Universal Periodic Review In addition to our previous comments I would like to make the following comments: - The UPR should be based on an equal treatment of all states in process of preparation, examination and interactive dialogue and outcome. - The interactive dialogue with country under review should be conducted within the Council in a plenary session. - Outcome of the review should be based on the consent and agreement of the country concerned. It should not duplicate the outcome of other human rights mechanisms so as not to create unnecessary burdens on states. - Format of the outcome of UPR should be equal for all countries. It could be summary of proceedings, recommendations, voluntary pledges, resolutions or final statement and any capacity – building request by States. Thank You