NGOs under European Convention on Human Rights / Tymofeyeva

Resolution 60/251 47 when it replaced the former United Nations Commission on Human Rights. Even though the Council is not a subsidiary of ECOSOC, only NGOs with consultative status under Resolution No. 1996/31 may participate in its sessions as observers. 48 As observers, NGOs are able, among other things, to: 1) attend the proceedings of the Council 2) observe all the proceedings except for the deliberations under the Complaints Procedure; 3) submit written statements; 4) make oral interventions; 5) participate in the Universal Periodic Review (UPR) which involves a review of the human rights records of all 192 United Nations member states once every four years; 6) participate in debates, interactive dialogues, panel discussions and informal meetings and 7) organize ‘parallel events’ on issues relevant to the work of the Council. 49 Apart from the observer’s status, NGOs “claiming to be victims of human rights violations or having direct, reliable knowledge of such violations” may submit a complaint to the Council. 50 It is unclear, whether the NGOs in the capacity of observers must comply with the different requirements than those acting in the capacity of a victim. Nevertheless, since the guides to the Council’s complain procedure does not specify that only accredited NGOs may lodge a complaint, it is possible to conclude that any NGO has such a possibility. The question is whether business entities and political parties may claim to be victims of human rights violations before the Council. Practice shows that the submissions usually come from non-profit, non-political organisations. 51 Given the special requirements for NGOs under the ECOSOC Resolution, specifically, the requirement to follow the aims of the United Nations, it is questionable whether each and every business company or political party will be able to comply with this prerequisite. The two most prominent UN level treaties in the area of human rights are the international covenants of 1966. The first covenant, the UN International Covenant on Civil and Political Rights , 52 was completed by the provisions of the Optional Protocol, which recognizes the competence of the UN Human Rights Committee (hereinafter also referred to as the ‘UN Committee’) to receive and consider communications from individuals. 53 The mechanism for communications from individuals envisages the possibility to deal with the requests only from natural persons. Neither the UN International Covenant on Civil and Political Rights, nor its 47 Resolution No. 60/251 on Human Rights Council adopted by the General Assembly on 15 March 2006. 48 ECOSOC Resolution 1996/31. Consultative Relationship between the United Nations and non governmental organizations. 49 NGO Guide to Consultative status. New York: United Nations publication, 2011, p. 18. 50 Human Rights Council’s Complaint Procedure. URL: accesed 20 July 2015. 51 See the list of the Council’s resolutions on http://www.ohchr.org/EN/HRBodies/SP/Pages/Themes. aspx. Fore example, Promotion and protection of all human rights, civil political, economic, social and cultural rights, including the right to development. Resolution of the Council No. 15/21. A/HRC/ RES/15/21 and Elimination of all forms of intolerance and of discrimination based on religion or Berlin Resolution of the Council No. 6/37. 52 International Covenant on Civil and Political Rights. United Nations, Treaty Series, vol. 999, p. 171 and vol. 1057, p. 407. 53 Optional Protocol to the International Covenant on Civil and Political Rights. United Nations, Treaty Series , vol. 999, p. 171.

22