1235 PROCEDURE

Background: What is the Economic and Social Council?

 It is an organ of special significance in the UN structure particularly in economic, social,
cultural, educational, health and human right matters.
 It consists of 54 members who meet twice a year. ECOSOC carries out its function in the
form of numerous committees and commissions (i.e. Commission on Human Rights) and
specialized agencies (i.e. International Labor Organization, World Health Organization).
 In 1947, the ECOSOC had no power to take action in regard to any complaints
concerning human rights.

Creation
 In response to pressure to act on racism in South Africa, ACOSOC changed its mind by
adopting Resolution 1235 in 1967.

Resolution
 As adopted in August 1967 the 1235 Procedure authorized the Commission on Human
Rights and it’s Sub-Commission to examine information relating to gross human rights
violations and fundamental freedoms,’ including through ‘a study of situations which
reveal a consistent pattern of violations of human rights.’

Nature
 The procedure is public and widely used. Information can be received by any individual,
group or state in any form.
 The 1235 Procedure allows the Commission on Human Rights to create an ad
hoc working group of its own members for public study of gross violations of human
rights.
 Without benefit of the communication—and a separate, confidential procedure for
reviewing communications

Trial
 South Africa, Namibia, and Rhodesia were the initial States subject to the 1235
procedure.

United Nations Human Rights Council Periodic Review

 One of the developments from the Commission on Human Rights to the Human Rights
Council is the introduction of the Universal Periodic Review. During the Commission on
Human Rights, states would get investigated under the 1235. However, there were
concerns that not all states were being held accountable, and that there was bias in the
way that the 1235 investigations were used. So, under this approach, “The Universal
Periodic Review (UPR) is a unique process which involves a periodic review of the
 human rights records of all 193 UN Member States. The UPR is a significant innovation
of the Human Rights Council which is based on equal treatment for all countries. It
provides an opportunity for all States to declare what actions they have taken to improve
the human rights situations in their countries and to overcome challenges to the
enjoyment of human rights. The UPR also includes a sharing of best human rights
practices around the globe. Currently, no other mechanism of this kind exists.”

The Commision on Human Rights

 The procedure authorizes the Commission on Human Rights and the Sub-Commission on
Prevention of Discrimination and Protection of Minorities to debate, during their annual
sessions, the question of the violation of human rights and fundamental freedoms.
 The commission and Sub-commission may examine information relevant to gross
violations of human rights in their public sessions.

Public Debate
 In public debates, accusations appear to be initiated or endorsed by members of the
Commission and the Sub-Commission and do not normally involve references to private
complaints submitted under resolution 1503.
 The impact of public UN debates and recommendations on violations may be
considerable. The media has spread news of United Nations action on human rights under
resolution 1235 or under similarly public procedures in such countries and territories as
South Africa, the Israeli-occupied areas, Chile, Cyprus, Democratic Kampuchea, Western
Sahara, and Nicaragua. The main problems raised by these public debates are, for the
victims, uncertainty as to the degree of support of sponsoring delegations, which act fully
at their discretion; and the absence of quasi-judicial features in the discussion.

Creation of Procedure 1503

 The public Nature of 1235 Procedure made states nervous, so they created a new,
confidential procedure called the 1503 Procedure.
 The 1235 procedure could examine cases where there were numerous human rights
violations being committed by a state. The 1235 allows for states to learn more about
what rights violations are taking place. However, during their investigations, non-
government actors were not allowed to submit information under the 1235 procedure. It
was for this reason that the Commission of Human Rights established 1503 procedure,
which would allow non-state actors to submit information and complaints to the
Commission on Human Rights.

References:
History of the United Nations Special Procedures Mechanism Origins, Evolution and
Reform by Marc Limon & Hilary Power (September 2014)
M. E. Tardu, United Nations Repsonse to Gross Violations of Human Rights: The 1503
Procedure Syposium International Human Rights, 20 Santa Clara L. Rev. 559 (1980).