Joint written statement to the 34th session of the UN Human Rights Council (27 February – 24 March 2017)

PROPOSEDCRITERIA FOR SELECTION AND APPOINTMENT OF A NEW MEMBER OF THE WORKING GROUP ONENFORCED OR INVOLUNTARY DISAPPEARANCES: JOINT[1]WRITTEN STATEMENT TO THE 34TH SESSION OF THE UN HUMAN RIGHTS COUNCIL (27FEBRUARY – 24 MARCH 2017)

TheHuman Rights Council will appoint a new member, from the Latin American andCaribbean States, to serve on the Working Group on Enforced or InvoluntaryDisappearances in March 2017.

Candidacieshave now closed and are available here.

HumanRights Council resolution 5/1 sets out the formal criteria that are of “paramountimportance while nominating, selecting and appointing mandate-holders:

(a) expertise;

(b) experiencein the field of the mandate;

(c) independence;

(d) impartiality;

(e) personal integrity; and

(f) objectivity.”

Resolution5/1 provides that to be independent “individualsholding decision-making positions in Government or in any other organisation orentity which may give rise to a conflict of interest with the responsibilitiesinherent to the mandate shall be excluded.” The conflict of interest provisionhas also been interpreted to mean that candidates are expected to clarify how,if appointed, they would deal with any perceived or actual conflict of interestin relation to governments, inter-governmental organisations, ornon-governmental organisations.

HumanRights Council decision 6/102 establishes four technical and objectiverequirements to be considered in the selection of Special Proceduresmandate-holders:

(a) qualifications,

(b) relevantexpertise,

(c) established competence and

(d) flexibility/readinessand availability of time

Dueconsideration should be given to genderbalance and to an appropriaterepresentation of different legal systems. The selected candidate should bea highly qualified individuals who possess established competence, relevantexpertise and extensive professional experience in the field of human rights(paras. 39-41).

Thefollowing checklist is intended as an interpretive aid for those requirements:

Checklist for selection of amember for the Working Group on Enforced or Involuntary Disappearances

1.Qualifications (and skills): relevant educationalqualifications and equivalent professional experience in the field of humanrights.

Checklist:

n Auniversity degree or equivalent in a discipline directly related to themandate, preferably specialising in human rights law, international criminal lawor international humanitarian law;

n Academicpublications or other published material (articles, studies, reports, researchpapers or any similar written material demonstrating in-depth knowledge) onhuman rights issues relevant to the mandate;

n Excellentoral and written communication skills in at least one of the UN workinglanguages (English, French and Spanish – knowledge of other widely-used orofficial UN languages, such as Arabic, Chinese or Russian, would be an asset);

n Excellentcommunication skills, in particular in communicating and/or working togetherwith relevant stakeholders, especially states, all parts of government, includingsecurity forces, judges and lawyers, inter-governmental organisations, nationalhuman rights institutions, NGOs, media and/or non-state actors.

n Diplomaticskills and/or experience.

2. Relevantexpertise: knowledge of international human rightsinstruments, norms, standards and principles; as well as knowledge ofinstitutional mandates related to the United Nations or other international orregional organisations’ work in the area of human rights; proven workexperience in the field of human rights.

Checklist:

n Extensiveknowledge of international human rights law and standards;

n Severalyears of progressively responsible work experience in the field of humanrights, in particular in relation to enforced or involuntary disappearances or othercrimes under international law or human rights violations;

n Excellentknowledge of the international and regional legal frameworks and case lawrelevant to the deprivation of liberty of individuals, compensation andrehabilitation for victims and their families, prosecution and sanction ofperpetrators and other related matters as well as of institutional mandates ofthe United Nations or other international or regional organisations in thisarea of human rights.

3.Established competence: nationally, regionally orinternationally recognised competence related to human rights.

Checklist:

n Ademonstrated commitment to human rights law and standards;

n Experiencein investigating cases/aspects of enforced or involuntary disappearances;

n Knowledgeof NGO, academic institutions and other expert’s work in the field of enforcedor involuntary disappearances;

n Knowledgeof human rights-based research and/or fact-finding methodology;

n Extensiveexperience in critically analysing human rights related information and data,in order to review individual cases as well as identify trends and challenges,and make effective recommendations;

n Theability to conduct both academic and field research required in conductingfact-finding missions;

n Experiencein working with authorities and other relevant actors responsible forcases/aspects of enforced or involuntary disappearances and with family membersof victims;

n Experiencein handling cases of enforced or involuntary disappearances before judicial andquasi-judicial bodies would also be an asset;

n Sensitivityto the particular vulnerabilities of specific persons and groups who experienceor suffer disproportionately from enforced or involuntary disappearances;

n Sensitivityto the challenges faced by victims and their representatives, including the issueof reprisals or intimidation which may be experienced by persons who interactwith the Working Group in any way.

4.Flexibility/readiness and availability of time toperform effectively the functions of the mandate and to respond to itsrequirements, including attending Human Rights Council sessions.

Checklist:

n Willingnessto conduct in-country investigations, in all regions of the world, into allegedcases of, and phenomena conducive to enforced or involuntary disappearances;

n Preparednessand willingness to devote a substantial amount of time to fulfilling themandate, which includes participating on at least one field-mission per year,attending three meetings of the Working Group throughout the year,participating in preparing reports to the Human Rights Council, includingannual reports and country mission reports and attending seminars and other UNmeetings;

n Abilityto act urgently and efficiently on cases or situations requiring immediateattention;

n Ademonstrated commitment to human rights in general, and a commitment to upholdthe integrity, objectivity, discretion, independence and impartiality of theWorking Group’s mandate and the Special Procedures system as a whole;

n Astrong and independent personality ready to fulfil the Working Group’s mandateunder political pressure.

n Workingas part of a team together with other experts and OHCHR.

[1] This joint written statement is submitted by AmnestyInternational together with the InternationalFederation for Human Rights (FIDH), International Lesbian and Gay Association(ILGA), International Service for Human Rights, TrialInternational, World Organisation against Torture (all Special consultative status) and Alkarama Foundation (non-ECOSOCNGO).