A/HRC/46/26
81.
The Code of Conduct for Special Procedures Mandate Holders, developed to
strengthen the effectiveness of the system, urges all States to cooperate with, and assist, the
special procedures in the performance of their tasks. 17 According to the Code of Conduct, the
objective of a visit is to establish a dialogue with the relevant government authorities and
with all other stakeholders, and to promote cooperation; most importantly, it is a shared
obligation of the mandate holders, the States concerned and stakeholders.18
82.
In the review of the work and functioning of the Human Rights Council, emphasis
was placed on the importance of strengthening the cooperation between States and the special
procedures. While the decision of receiving mandate holders for country visits remains
voluntary, States were urged by the Council to respond in a timely manner to requests for
information and visits. 19 In 2016 and 2020, the Council further urged States to respond
favourably to the Special Rapporteur’s requests to visit their countries, and to enter into a
constructive dialogue with the Special Rapporteur on requested visits to their countries.20
83.
Official country visits are conducted in compliance with the terms of reference of the
mandate, with the consent or at the invitation of the State concerned, and are prepared in
close collaboration with its Permanent Mission of the State to the United Nations.21 The terms
of reference for country visits22 provide guidance for the conduct of visits and outline the
guarantees and facilities to be provided by the Government to the mandate holder and
accompanying staff. These include the freedom of movement, freedom on inquiry, in
particular contact with central and local authorities of all branches of government,
confidential and unsupervised contacts with non-governmental organizations, private
institutions and the media, and full access to all places of detention and interrogation,
assurances by the Government that no persons who have been in contact with mandate
holders will suffer threats, harassment or punishment for doing so, and appropriate security
arrangements without restricting the above-mentioned freedom of movement and inquiry. In
the updated terms of reference,23 the language was strengthened to include assurances that
reprisals and any measures that could deter cooperation or be perceived as such by private
actors or groups would be avoided.
84.
States seeking election to the Human Rights Council and presenting their candidatures
are encouraged to make concrete commitments in the form of voluntary pledges and
commitments to invite and cooperate with the special procedures as part of their campaigns.24
Furthermore, to demonstrate their support for the Council, States are also called upon to make
standing invitations.
2.
Standing invitations
85.
In its resolution 2004/76, the Commission on Human Rights strongly encouraged all
States to extend a “standing invitation” to all thematic special procedures.
86.
A standing invitation is defined as an open invitation to all thematic special procedures
extended by a Government, signalling that it welcomes visits from mandate holders. It also
indicates the State’s readiness to cooperate with mandate holders and, by extension, with the
Human Rights Council, as a core pillar for the protection and promotion of human rights. As
at 15 December 2020, 126 Member States and one observer State had extended a standing
invitation to thematic special procedures.25
87.
Although standing invitations are intended to facilitate the planning and conduct of
country visits, in practice not all States honour their commitment, some extending an
invitation only to certain mandate holders.
17
Human Rights Council resolution 5/2, para. 1.
Ibid., annex, art. 11 (e).
19 Human Rights Council resolution 16/21, para. 26.
20 Human Rights Council resolution 43/20, para 2 (b).
21 Human Rights Council resolution 5/2, art. 11.
22 E/EN.4/1998/45, annex, appendix V.
23 Available from www.ohchr.org/Documents/HRBodies/SP/ToRs2016.pdf.
24 General Assembly resolution 60/251, para. 8.
25 See https://spinternet.ohchr.org/StandingInvitations.aspx?lang=En.
18
16
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents