Ex officio investigations
Table 2 |
How can trade unions use the conventional mechanisms of the Universal System?
Investigation mechanism that certain Committees can engage with on their own initiative (ex officio) when they receive reliable information indicating the existence of serious or systematic violations in a State party of the rights set out in the treaty they are monitoring. These investigations may include on-site visits, hearings and protective measures.
1.3
Trade unions can help persuade and convince the Committees of the existence of a situation of serious and systematic human rights violations by States that are parties to the treaties. For example, the widespread and systematic antiunion violence in certain countries such as Colombia, Guatemala and Honduras, which has been repeatedly denounced at the international level by international trade unions at the ILO and recorded in the International Trade Union Confederation’s Global Human Rights Index, is an example of a situation that can be the subject of this Committee mechanism. One element to bear in mind is that this type of investigation can only be carried out in relation to States that have recognized the Committee’s competence for this investigation procedure. The Rules of Procedure for the system of enquiries under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights can be found at this link: https://tbinternet.ohchr.org/_layouts/15/ treatybodyexternal/Download.aspx?symbolno=E/C.12/49/3&Lang=en
How can unions use the special mechanisms of the Universal System?
The non-conventional mechanisms of the Universal System are centred on the Human Rights Council, which is the main intergovernmental body of the United Nations for the promotion and protection of human rights. The Human Rights Council is a subsidiary body of the United Nations General Assembly and is composed of 47 members
(elected by the General Assembly for a term of 3 years). It has at least 3 regular sessions (March, June and September) and the Office of the High Commissioner for Human Rights (OHCHR) acts as the Secretariat of the Council. The Human Rights Council carries out its work through three mechanisms:
Universal Periodic Review (UPR) Human Rights Council complaint procedure Special procedures
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PRACTICAL GUIDE TO TRADE UNION ACTION: International Human Rights Instruments
