How to Protect Human Rights: the Human Rights Committee and Individual Complaints

Electronic Resource Centre for Human Rights Education:
Polish Helsinki Foundation for Human Rights - How to Protect Human Rights

"How to Protect Human Rights?”

Lesson Plan:

The Human Rights Committee Considers

an Individual Complaint

Ewa Skoczkowa

Copyright by the Helsinki Foundation for Human Rights

Warsaw, 1997

The Human Rights Committee Considers

an Individual Complaint

A. The main issues

The Human Rights Committee, established to protect rights laid down by the International Covenant on Civil and Political Rights, deals among other things with examination of individual complaints. Ratifying the Optional Protocol, a State-Party to the Covenant recognizes the competencies of Human Rights Committee to examine complaints lodged by persons under the jurisdiction of that State. Complaints may only concern violations of the rights specified in the Political Covenant.

The class follows the journey of an individual complaint lodged with Human Rights Committee: from the moment of submission to examination of admissibility to formulation of the Committee's opinion on the case.

B. Aims

Having attended the class, participants should be able to answer the following questions:

Who may lodge a complaint with the Human Rights Committee?
What is the Committee's procedure once an individual complaint is lodged?
What kind of complaint is found admissible by the Committee?
What does proceedings before the Committee end with?

Active participation in the class also offers the opportunity to:

combine information provided in different forms (lecture, film, documents);
combine information provided in the film with knowledge gathered during the class;
train in analysis of source legal texts;
train in preparing individual pronouncements.

C. Comments

The class should be preceded with meetings to provide participants with basic knowledge on human rights. Participants should also become acquainted with the basic human rights documents and texts of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
The class may be a continuation of the meeting entitled "The United Nations Organization and Human Rights"; it is advisable, though, that the meeting be held at least 2-3 weeks before the planned class based on this synopsis. This interval between the classes is necessary since the class "The Human Rights Committee considers an Individual Complaint" once again uses the film "The UN System of Human Rights Protection".
Target group: students in final years of secondary schools or university students.
Estimated time needed: 90-120 minutes.

D. Didactic materials:

Tables 1, 2 and 3 (versions for participants and for the instructor);
Model communication under Optional Protocol (Supplement #2 contained in lesson plan: "Submitting a Complaint to the Human Rights Committee in Geneva");
Supplement #1;
Supplement #2;
film "The UN System of Human Rights Protection"

Documents (enclosed):

The International Covenant on Civil and Political Rights;
The Optional Protocol to the Political Covenant.

Tools:

sheets of paper, markers.

E. Lessons

Introduction

1. Introducing the subject, provide participants with basic information on United Nations

Organization (from text enclosed with the package). Tell participants that the class will deal with a specific violation of rights guaranteed by The International Covenant on Civil and Political Rights and with the procedure of lodging individual complaint with Human Rights Committee.

Main part

2. Announce the film "The UN System of Human Rights Protection". Before screening, divide

participants into three groups and distribute materials needed for active watching:

Group I - Table #1;

Group II - Table #2;

Group III - Table #3.

While watching the film, participants will have to remember or note down the information helpful in completing the tables. Tell participants they do not have to quote sentences from the film verbatim. The point is to complete the table so as to get the general idea of the problem.

Groups may note down the answers to questions from their respective tables on a large sheet of paper, thus facilitating the subsequent presentation.

NOTE: Whenever you consider it necessary, or at participants' request, you can stop the film to explain things participants failed to understand, hear etc.

3. After screening, allow a couple of minutes for groups to gather information and complete

the table. Ask representatives of groups to present the results of their work. During the presentation, correct any mistakes and supplement missing data (use the tables contained in the instructor's version).

4. After the presentation, participants and the teacher recapitulate the information gathered

about the Hero of the film. Next, tell participants you will all be writing a complaint on his behalf to the Human Rights Committee in Geneva. To quote Prof. Anna Michalska pronouncing in the film:

"Differentiation of the rights of women vs. men is against the provision of Article 2 of The International Covenant on Civil and Political Rights which bans all discrimination, that on account of sex included".

5. Participants are still divided into groups. Deal out texts: Supplement #1 (Procedure of

examining admissibility of complaint) and complaint form (Model communication under Optional Protocol contained in lesson plan: "Submitting a Complaint to the Human Rights Committee in Geneva");

The groups examine conditions of admissibility of complaint and prepare complaints on behalf of the Hero. Stress the fact that the complaint can be written either by the victim of a human rights violation himself or by his representative, as e.g. family member, counsel, non-governmental organization. The complaint can be written by a third party who undertakes action on behalf of the victim because he believes that the victim himself will not be able to do it.

Filling in the complaint form, participants should base on Supplement #1.

Each group may also use the following documents:

The International Covenant on Civil and Political Rights;
The Optional Protocol to the Political Covenant.

(You may either prepare 3 copies of each document and distribute them to the groups, or have one copy ready in the classroom for all participants to consult if necessary.)

During the work in groups, the instructor acts as adviser.

Time for completion: 15-20 minutes.

6. Presentation by work-groups follows.

The presentation starts with Group I presenting their complaint.

Groups II and III check the admissibility of that complaint and state whether it can be found admissible or not.

Next, complaint is presented by Group II, Groups I and III deciding about its admissibility. The same procedure is then applied to Group III.

The presentation may also follow another course, with groups first presenting their complaints and remaining participants taking down their comments on admissibility. Discussion follows with reference to Article 90 of the Regulations of Human Rights Committee (Supplement #1).

7. The next stage is examination of the complaint by Human Rights Committee. Together with

participants, appoint a group of 10-18 persons who will act as the Committee. Arrange chairs in the room for the "Committee" to work in the center and the rest of participants to watch it at work. Ask representatives of the groups to lodge their complaints to the "Committee".

Distribute to all participants Supplement #2 (Procedure of examination of complaints). Having read the text, the "Committee" starts discussing separately each of the complaints that can have found admissible.

NOTE: Tell participants that sessions of Human Rights Committee are held behind closed doors but watching a "session" during the class might be an interesting experience. During preparations and the discussion itself, participants can use the documents, that is the Political Covenant and its Optional Protocol.

8. After the discussion, the "Committee" adjusts its opinion: has there been a violation of

rights specified in the Political Covenant? If the answer is yes, the "Committee" should specify in its opinion its demands from the State guilty of such violation.

Recapitulation

9. Recapitulating the class, help participants to note down, on a large sheet of paper or the

blackboard, the major information they have acquired.

Supplement participants' list if necessary, making sure that they remember the following:

that a complaint to the Human Rights Committee should concern violation of rights specified in the International Covenant of Civil and Political Rights;
that for a person to be qualified to lodge a complaint, the State thus accused must necessarily be party to the Optional Protocol to the Political Covenant;
that for a complaint to be admissible, all remedies under domestic law need to have been exhausted;
that the Committee cannot examine a complaint if that same complaint has at the same time been lodged with e.g. the European Commission of Human Rights.

Thank everyone for their participation.

Table No 1

The Hero
Nationality
Occupation
Legal situation
Description of his problem
Steps he has taken
How did his story end?

Table No 1 - Instructor's Version

The Hero
Nationality	American
Occupation	Dentist
Legal situation	Married a Polish woman; plans to make home in Poland. The hero is American citizen. He has to wait for 5 years until he is granted Polish citizenship.
Description of his problem	Not being a Polish citizen, the hero cannot practice his profession. Under a still valid Ordinance of President of Republic of Poland of 1927, only Polish citizens may practice the profession of dentist.
Steps he has taken	He consulted the Chamber of Physicians and started learning Polish. He decided to lodge a complaint with the Human Rights Committee in Geneva. He was assisted by a lawyer at Helsinki Foundation for Human Rights.
How did his story end?	He took a job with a dentist surgery as consultant (the usual practice of the Chamber of Physicians which permits surgeries to hire consultants). He is waiting to have his complaint examined by the Human Rights Committee.

Table No 2

Human Rights Committee
Where is it seated?
Where are its sessions held?
What is its composition?
How many members does it have?
Who may lodge individual complaint with the Committee?
What ends proceedings before the Committee?
What consequences are borne by the respondent State?

Table No 2 - Instructor's Version

Human Rights Committee
Where is it seated?	Geneva
Where are its sessions held?	Geneva or New York
What is its composition?	Members of the Committee are independent experts elected in a secret ballot from a list of persons appointed by States-Parties to the Covenant; each State may appoint two candidates
How many members does it have?	Eighteen
Who may lodge individual complaint with the Committee?	Each person under the jurisdiction of a State which has ratified the Optional Protocol to the Political Covenant (Who may lodge a complaint - for detailed information, consult Text No 1 enclosed with lesson plan: "Submitting a Complaint to the Human Rights Committee in Geneva")
What ends proceedings before the Committee?	Merits of the complaint examined, proceedings end with formulation of the Committee's opinion on alleged violation of provisions of the Covenant. The Committee may order the respondent State e.g. to guarantee due compensation to the author of the complaint
What consequences are borne by the respondent State?	Human Rights Committee cannot impose any sanctions on States guilty of violations of the rights laid down in the Covenant. The Committee's opinion is published in UN official documents which may lead to the guilty State's international condemnation

Table No 3

United Nations Organization and Human Rights
What year was the Organization established?
When and where did UN Member States adopt the Universal Declaration of Human Rights?
Which Member States abstained from vote when adopting the Universal Declaration of Human Rights?
What documents emerged after adoption of the Universal Declaration of Human Rights?
Which UN agency deals with refugees?
Under which Convention was the Committee for the Rights of the Child established?
What are the responsibilities of Governments within the UN system?

Table No 3 - Instructor’s Version

United Nations Organization and Human Rights
What year was the Organization established?	In 1945, at UN session in San Francisco
When and where did UN Member States adopt the Universal Declaration of Human Rights?	On 10 December 1948 at UN session in Paris
Which Member States abstained from vote when adopting the Universal Declaration of Human Rights?	Delegations of communist States, Saudi Arabia, South African Republic (They argued, among other things, that the Declaration failed to define "democratic State", lacked provisions on struggling against fascism, and failed to include the principle of sovereignty and non-interference with internal matters of States)
What documents emerged after adoption of the Universal Declaration of Human Rights?	After adoption of the Declaration, works started on documents of international law which would be binding on States-Parties (the Declaration itself being merely an act of will of Member States) The following documents emerged: The International Covenant on Civil and Political Rights, and The International Covenant on Economic, Social and Cultural Rights
Which UN agency deals with refugees?	The refugee is a person who flees his country because of persecutions on account e.g. of his nationality, political opinions, religion or membership of a specific social group. The UN agency dealing with refugee matters is the UN High Commissioner for Refugees whose Office watches over observance of provisions of the 1951 Geneva Convention pertaining to refugees
Under which Convention was the Committee for the Rights of the Child established?	The Convention on the Rights of the Child, adopted by the UN in November 1989
What are the responsibilities of Governments within the UN system?	Governments of Member States are obliged to submit reports to the Human Rights Committee and individual Committees and Commissions established under detailed conventions.

Supplement #1

Fragments of the Provisional Regulations of the Committee adopted at the first and second sessions in 1997, as amended in 1978 and 1979.

(...)

XVII. PROCEDURE OF EXAMINATION OF COMPLAINTS LODGED UNDER THE

OPTIONAL PROTOCOL

A. Transfer of complaints to the Committee

Article 78

1. The Secretary General shall transfer to the Committee, under these Regulations, complaints

submitted or seeming to be submitted for examination by the Committee under Article 1 of the Protocol.

2. If need arises, the Secretary General may approach the author of a complaint for explanation

whether it has been his intention to transfer the complaint to the Committee for examination under the Protocol. In situation of further doubts as to the will of the author of a complaint, the complaint will be submitted to the Committee for examination.

3. The Committee shall not admit a complaint or include it in the list under Article 79 if that

complaint pertains to a State which is not party to the Protocol.

Article 79

1. The Secretary General draws up lists of complaints lodged with the Committee under

Article 78, together with brief summary of their contents, and distributes such lists to members of the Committee on a regular basis. The Secretary General is also responsible for keeping a permanent register of all such complaints.

2. A full text of each complaint lodged with the Committee shall be made accessible to

members of the Committee upon their request.

Article 80

1. The Secretary General may approach the author of a complaint for explanations concerning

application of the Protocol to his complaints, and particularly concerning the following data:

a. Name, address, age and occupation of the author of a complaint and statement of his

identity.

b. Name of respondent State-Party.

c. Subject of complaint.

d. Provision or provisions of the Covenant violation of which is alleged in the complaint.

e. Circumstances of the case.

f. Steps taken by the author of a complaint to exhaust domestic remedies.

g. Extent of examination of the case within another international procedure for examination

or settlement of disputes.

2. Approaching the author of a complaint for explanation or information, with the aim to

avoid unnecessary delays in procedure provided for by the Protocol, the Secretary General shall set a due deadline for provision of such information. (...)

Article 81

With respect to each registered complaint, the Secretary General shall prepare and provide to members of the Committee, within the shortest possible time, a summary of all information relevant to the case.

(...)

C. Procedure of establishing admissibility of complaint

Article 87

The Committee shall decide, within a possibly short period of time, whether a complaint is admissible under provisions of the Covenant.

Article 88

1. The Committee examines complaints in the order in which they have been received by the

Secretariat, unless otherwise decided by the Committee.

2. The Committee may examine two or more complaints jointly if it finds this procedure

advisable.

(...)

Article 90

1. With the aim to decide about admissibility of a complaint, the Committee ascertains that:

a. The complaint is not anonymous and has been lodged by individual or individuals under

the jurisdiction of a State which is party to the Protocol;

b. The individual claims that he has fallen victim to violation by that State-Party of any of

the right laid down in the Covenant. In principle, the complaint should be lodged by that individual himself or by his representative; however, the Committee may agree to examine a complaint lodged on behalf of the alleged victim if that victim himself does not seem capable of lodging a complaint unaided;

c. The complaint has not been lodged in abuse of the right to lodge a complaint under

provisions of the Protocol;

d. The complaint is not contradictory to provisions of the Covenant;

e. That same case is not examined within another international procedure for examination

or settlement of disputes;

f. The individual has exhausted all of the accessible domestic remedies.

2. The Committee shall examine a complaint which meets the above conditions provided that

complaint also meets the requirements laid down in Article 5 point 2 of the Protocol. (...)

Supplement #2

Fragments of the Provisional Regulations of the Committee adopted at the first and second sessions in 1997, as amended in 1978 and 1979.

(...)

D. Procedure of examination of complaints

Article 93

1. Having decided on admissibility of complaint under provisions of the Protocol, the

Committee shall, within the shortest possible time and through the Secretary General, hand over the decision together with texts of documents relevant for the case, to the State-Party concerned. Also the author of the complaint shall be notified, through the Secretary General, of the decision taken by the Committee.

2. Within six months, the State-Party concerned shall submit to the Committee its written

explanations or declarations concerning the case, and indicate remedial measures, if any, undertaken to correct the situation.

3. All explanations or declarations submitted by the State-Party under this Article shall be

communicated, through the Secretary General, to the author of the complaint who may submit additional information or written comments within a time-limit specified by the Committee.

4. The Committee may re-examine its decision as to admissibility of complaint in the light of

explanations or declarations made by the State-Party under this Article.

Article 94

1. Having established admissibility of a complaint, the Committee examines that complaint in

the light of all written information submitted to it by the individual and the State-Party concerned, and formulates its opinion on those grounds. To this aim, the Committee may hand the complaint over to a Workgroup composed of up to five members of the Committee for formulation of recommendations for the Committee.

2. Opinion of the Committee shall be communicated, through the Secretary General, to the

individual and the State-Party concerned.

3. Each member of the Committee may demand that a summary of his separate opinion be

enclosed with the opinion of the Committee communicated to the individual and the State-Party concerned.

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