UN Special Procedures

There exists a tense relationship between the special procedures and the Human Rights Council. An historical overview is provided by Jeroen Gutter, but is insufficient in explaining how the recommendations made by rapporteurs are then followed up within the United Nations. However, since the University Periodic Review (UPR) is the primary method of providing for state compliance within the Council, assessing the role of the special procedures without considering how they themselves are monitored on their performance would make this essay incomprehensive in its scope, and illegitimate in its assessments.
Firstly, since special rapporteurs are required to make at least two country-visits per year the UPR's cycle of convening once every four and a half years is simply insufficient for encouraging reporting that requires follow-through as a necessity, and is obstensibly inflexible for meeting the demands of a rapidly-changing world that places human rights under a constant threat. Secondly, many countries in recent years have reached out to the special procedures by offering to any and all of them who wish to visit their country, however, there are equally many countries that are hostile towards the intentions of the special rapporteurs because they believe they have an agenda that is preconceived and will only further damage their reputation internationally upon returning from a visit and reporting to the UN.
The underfunding of special rapporteurs limited their ability to achieve targets within their mandate. Furthermore, as they must seek additional support from outside the UN system, it is significantly compromising for their transparency, equity, and ability to carry out their duties. This appears paradoxical in nature since the special rapporteurs were formed to complement the work of the United Nations, therefore whilst independence of the special rapporteurs is paramount, there has to be some level of interdependence with the United Nations and there should be no reason why they cannot complement each other instead of being restricted by the fear of crossing into the mandate of the other.
The primary role of the special rapporteurs is to submit reports to the Human Rights Council. Undertaking country-visits, issuing communications to governments, state-officials, non-governmental organizations and other actors are also important components that are shared by all rapporteurs beyond that of their specific thematic or country-specific responsibilities. They have no authoritative or jurisdictional power other than having the ability to name-and-shame states, however the general perception from state-officials and policy-makers is that whilst the work of the rapporteurs may not have any weight at one level, it can create a discussion about important human rights issues that goes beyond naming-and-shaming because arguments are based on extensive research compiled using empirical data through methodological processes.
The Special Procedures are crucial for the advancement of awareness for and implementation of the practices human rights internationally. Irrespective of their backgrounds they are independent experts within their academic and occupational fields and have a comprehensive knowledge of human rights that is able to inform interactions they may have with many different types of people whatever their circumstances. To illustrate how the work of the special procedures has the potential to have a transformative effect on individual lives in the way that states cannot exert due to legislative and bureaucratic restricts, the case study used will be that of the UN Special Rapporteur on Extreme Poverty, Magdalena Sepulveda Carmona.
Human rights and the aspirations of poverty alleviation are inextricably intertwined because the notion of poverty itself runs parallel to that of liberty. A life led in destitution erodes the ability of any human being to lead a life of dignity, consequently it is inconceivable to be able to claim any civil and political rights without this "minimum core" being satisfied. The work of Magdalena Sepulveda has been influential in changing perceptions of poverty worldwide. However some of these thematic issues, such as the right to be free from extreme poverty, would likely not be considered specifically an issue regarding human rights were it not for the innovate capabilities that are afforded by the remit of the role of the Special Rapporteur. It is the combination of carrying out valuable life-changing work but within a capacity not dependent on the state that gives it a unique position within the global system of protection.
Equality between civil and political rights and economic and social rights advanced significantly during the 1990s under the guidance of UN High Commissioner for Human Rights Mary Robinson. An integral part of this shift towards equity of rights protection was the expansion of the number of independent experts on human rights, also known as special rapporteurs, to be the "eyes and ears" of the UN on the ground. Furthermore, many different roles were created during this time focussing specifically on ESC rights that might have previously been perceived as aspirational goals that couldn't be protected as human rights in practice. This was disproved by, among others, Katarina Tomasevski who as the first Special Rapporteur for education from 1998-2004 became a pioneer in standard-setting for rights for the next decade, and was part of a movement that collectively raised the bar for what human rights could hope to achieve for millions of people around the world.

The effectiveness and legitimacy of the work of the special procedures has been under scrutiny since its inception, however since surviving the prospect of being under threat during the transition period from the Commission to the Council, the rapporteurs are now an integral component of the UN's machinery for human rights protection. However, if rapporteurs were allocated more resources, these disparities between successes and failures of different mandate holders would be less disparate would likely be far less pronounced. If this challenge of working within constraints continues into the future without significant reform, a dangerous situation could arise where the working conditions become so restrictive that some human rights issues get significant priority over others.






Jeroen Gutter, 'Special Procedures and the Human Rights Council: Achievements and Challenges Ahead', Human Rights Law Review, Vol.7, No.1, 2007.
Nadia Bernaz, 'Reforming the UN Human Rights Protection Procedures: A Legal Perspective on
the Establishment of the Universal Periodic Review Mechanism' in Kevin Boyle (ed.) 'New Institutions for Human Rights Protection', 2009.

Felice D. Gaer 'A Voice Not An Echo: Universal Periodic Review and the UN Treaty Body System' Human Rights Law Review, Vol.7, No.1, 2007. 128
Ted Piccone (2012) 'The Future of the UN Special Procedures' in Sheeran and Rodley (eds.) 'The Routledge Handbook of International Human Rights Law'
Magdalena Sepulveda Carmona, 'Stigma and exclusion to rights and dignity: a human rights approach to poverty', Human Rights Seminar at the University of Oxford, November 2013.
Mary Robinson, 'Advancing Economic, Social, and Cultural Rights: The Way Forward' Human Rights Quarterly, Volume 26, No. 4, November 2004 pp. 866-872
Catarina de Albuquerque, 'Chronicle of an Announced Birth: The Coming into Life of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights' Human Rights Quarterly, Volume 32, No.1, February 2010.

General Comment No. 13, The Right to Education, Report Submitted by the Special Rapporteur, Katarina Tomaševski, Addendum, Mission to Colombia 23, U.N. ESCOR, Commission on Human Rights, 60th Session., U.N. Doc E/CN.4/2004/45/Add.