JUSCANZ paper

Proposed Ground rules for Special Sessions of the Human Rights Council

In order to promote effective use of the special session provision of the HRC it would be beneficial to elaborate some ground rules or best practices in keeping with the guidance of UNGA60/251: 

States initiating the convening of a special session should accompany their request with a specific description of the human rights violations that give rise to the request. 

In determining the date for holding a special session, the urgency of the situation must be balanced against the need to allow for adequate preparation.  To promote predictability, a benchmark time period, for example 4 working days, should be established between receipt of the request for a special session and its convening. 

If the requesting (or other) States intend to present a draft resolution or decision before the special session, this text should be made available as soon as possible and not later than 48 hours (2 working days) prior to the convening of the special session.

At least one open-ended consultation on the text of any draft resolution or decision should be held before the convening of the session to permit amendments to be considered prior to tabling in plenary with a view to achieving consensus if possible.

The OHCHR should, where feasible, provide a background note regarding the situation that is the subject of the request for a special session, including information on any relevant UN organs and mechanisms already seized of the matter and circulate this note prior to the convening of the session. Special session documentation should be made available to all States in a transparent manner.

The HCHR or her representative should address the situation at the beginning of a special session. 

If the President needs to consult on the conduct of a special session before and/or after its opening, this should be done in a manner that provides for equitable regional representation and involves all the key concerned parties to the issue at hand.

A special session should be results oriented and geared to achieving practical outcomes, the implementation of which can be monitored and reported on at the next regular session of the HRC.

As a general principle, once a special session has been held on a given subject, no further special sessions should be convened on this same subject until a regular HRC session has taken up the issue.				
August 24, 2006