Pitfalls and Pipelines - Philippine Indigenous Peoples Links

Chapter 2.7: International Processes and Complaints Mechanisms
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Charter-Based Human Rights Mechanisms
Outside of the bodies specifically focused on indigenous
peoples, there is a large framework of human rights mechanisms
that can also be utilized. Within the UN structure, these
split into two types of bodies. The first, called Charter-based
bodies, are founded on the UN Charter and are currently focused
around the Human Rights Council. The second, called
Treaty-based bodies, have a mandate to monitor state parties’
compliance with their treaty obligations. 8
The Human Rights Council holds three regular sessions a
year in Geneva, and accredited NGOs can attend and input to
its normally packed agenda. 9 One of the most practical methods
to raise issues with Charter bodies is via the Universal
Periodic Review (UPR) of the Human Rights Council. The
UPR is a review of the human rights records of all 192 UN
Member States once every four years, which started in 2006
and is now on its second cycle of reviews. UPR sessions happen
twice a year in Geneva. Civil society groups can submit, either
individually or collectively, information to the relevant session
of their country. These are often submitted as “shadow
reports” to the government’s own report. It is also possible to
attend and have some input to the UPR sessions, although the
general premise of the sessions is for governments to question
other governments. Despite this, it is proving an increasingly
effective way to raise concerns. 10
The second set of Charter-based human rights mechanisms
are the so-called Special Procedures, which is a general
name given to mechanisms set up to research and report back
to the Human Rights Council. As noted above, one form of
these are the Special Rapporteurs, although there are also UN
Working Groups on some mandates (themes). Currently there
are a total of 12 country mandates, and 36 thematic mandates.
These include themes such as human rights defenders, the
right to food, and the right to safe, clean, healthy and sustainable
environment. 11 One of the newest is the Working Group
on the issue of human rights and transnational corporations
and other business enterprises. This has developed out of the
UN Guiding Principles on Business and Human Rights, and