Introduction
BACKGROUND
Human rights monitoring and human rights investigations are a central aspect
of the response provided by the United Nations to human rights violations,
identifying the causes of human rights concerns and developing possible
solutions, promoting accountability and deterring further human rights violations.
Monitoring and investigative functions are a core aspect of the protection
mandate of the Office of the United Nations High Commissioner for Human
Rights (OHCHR) and a function of most human rights field presences established
under its mandate or as part of peace operations, mandated by the Security
Council and overseen, managed and supported by OHCHR.9 These functions
are also carried out by international commissions of inquiry (CoIs), fact-finding
missions (FFMs) or other investigative bodies.10 CoIs/FFMs are temporary
bodies of a non-judicial nature, established by intergovernmental bodies,11 the
Secretary-General or the United Nations High Commissioner for Human Rights,
with the task to investigate allegations of violations of international human rights
law (IHRL), international humanitarian law (IHL) or international criminal law,
as relevant, and make recommendations for corrective actions based on their
factual and legal findings. United Nations human rights mechanisms, such as
certain treaty bodies, also carry out inquiries as part of their mandate as set out
in international human rights treaties, if they have received reliable information
containing well-founded indications of serious or systematic violations.12
Regional human rights mechanisms of the African Commission on Human and
Peoples’ Rights or the Inter-American Commission on Human Rights also perform
monitoring and investigative functions. Some non-governmental organizations
or civil society also carry out investigations, monitor and report on human rights
violations and concerns.
OHCHR is mandated to contribute to the realization of all human rights for all
people, which includes non-discrimination on the basis of sex as a fundamental
principle of human rights law. On that basis, in 2011, OHCHR adopted its
Gender Equality Policy, which provides internal guidance on how the Office aims
to integrate a gender perspective and women’s human rights throughout policy
formulation, programme development and activity implementation, including in
the context of its monitoring and investigative work.13 Moreover, CoIs/FFMs are
OHCHR, Manual on Human Rights Monitoring (2011), Foreword, p. iii.
9
This publication will refer to CoIs/FFMs as a generic term. It should be noted, however, that some
investigative bodies are not necessarily strictly identified by these terms, while their mandates have
generally similar investigative functions.
10
These can include the Human Rights Council, the Security Council and the General Assembly.
11
See OHCHR, “Human rights bodies – complaints procedures”.
12
OHCHR, Gender Equality Policy (2011).
13
10
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