Note
by the Secretariat
In resolution 55/90, the General Assembly requested the Secretary-General to compile the rules of procedure of the human rights treaty bodies. This document was prepared pursuant to that request. It contains a compilation of the rules of procedure adopted, respectively, by the Committee on Economic, Social and Cultural Rights, the Human Rights Committee, the Committee on the Elimination of Racial Discrimination, the Committee on the Elimination of Discrimination against Women, the Committee against Torture, and the Committee on the Rights of the Child.
CONTENTS
Chapter
I. RULES OF PROCEDURE OF THE COMMITTEE ON ECONOMIC,
SOCIAL AND CULTURAL RIGHTS
II. RULES OF PROCEDURE OF THE HUMAN RIGHTS COMMITTEE
III. RULES OF PROCEDURE OF THE COMMITTEE ON THE
ELIMINATION OF RACIAL DISCRIMINATION
IV. RULES OF PROCEDURE OF THE COMMITTEE ON THE
ELIMINATION OF DISCRIMINATION AGAINST WOMEN
V. RULES OF PROCEDURE OF THE COMMITTEE AGAINST
TORTURE
VI. PROVISIONAL RULES OF PROCEDURE OF THE COMMITTEE
ON THE RIGHTS OF THE CHILD
Chapter
I
RULES OF PROCEDURE OF THE COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS*
Provisional
rules of procedure adopted by the Committee
CONTENTS
Rule Page
PART ONE. GENERAL RULES
I. SESSIONS
1. Duration and venue of the sessions ................................................................................. 8
2. Dates of sessions ........................................................................................................... 8
3. Notification of the opening date of sessions .................................................................... 8
II. AGENDA
4. Provisional agenda for the sessions ............................................................................... 8
5. Adoption of the agenda ................................................................................................. 9
6. Revision of the agenda .................................................................................................. 9
7. Transmission of the provisional agenda and
basic documents ............................................................................................................ 9
8. Organization of work .................................................................................................... 9
III. MEMBERS OF THE COMMITTEE
9. Members ...................................................................................................................... 9
10. Term of office ............................................................................................................. 10
11. Declaration of casual vacancies .................................................................................... 10
12. Filling of casual vacancies ........................................................................................... 10
13. Solemn declaration ...................................................................................................... 11
IV. OFFICERS
14. Elections ..................................................................................................................... 11
15. Term of office ............................................................................................................. 11
16. Position of the Chairperson in relation to the Committee ............................................... 11
17. Acting Chairperson ..................................................................................................... 11
18. Powers and duties of the Acting Chairperson ............................................................... 12
19. Replacement of officers ............................................................................................... 12
V. SECRETARIAT
20. Duties of the Secretary‑General ................................................................................... 12
21. Statements .................................................................................................................. 12
22. Keeping the members informed ................................................................................... 12
23. Financial implications of proposals ............................................................................... 13
CONTENTS (continued)
Rule Page
VI. LANGUAGES
24. Official and working languages ..................................................................................... 13
25. Interpretation .............................................................................................................. 13
26. Languages of records .................................................................................................. 13
27. Languages of formal decisions and official documents ................................................... 14
VII. PUBLIC AND PRIVATE MEETINGS
28. Public and private meetings ......................................................................................... 14
29. Issue of communiqués concerning private meetings ....................................................... 14
VIII. RECORDS
30. Summary records of the proceedings and corrections to them ....................................... 14
IX. DISTRIBUTION OF REPORTS AND OTHER OFFICIAL
DOCUMENTS OF THE COMMITTEE
31. Distribution of official documents ................................................................................. 15
X. CONDUCT OF BUSINESS
32. Quorum ...................................................................................................................... 15
33. Powers of the Chairperson .......................................................................................... 15
34. Time limit for statements .............................................................................................. 15
35. List of speakers ........................................................................................................... 16
36. Points of order ............................................................................................................ 16
37. Suspension or adjournment of meetings ........................................................................ 16
38. Adjournment of debate ................................................................................................ 16
39. Closure of debate ........................................................................................................ 17
40. Order of motions ......................................................................................................... 17
41. Submission of proposals .............................................................................................. 17
42. Decisions on competence ............................................................................................ 17
43. Withdrawal of motions ................................................................................................ 18
44. Reconsideration of proposals ....................................................................................... 18
CONTENTS (continued)
Rule Page
XI. VOTING
45. Voting rights ................................................................................................................ 18
46. Adoption of decisions .................................................................................................. 18
47. Equally divided votes ................................................................................................... 18
48. Method of voting ......................................................................................................... 19
49. Conduct during voting and explanation of votes ............................................................ 19
50. Division of proposals ................................................................................................... 19
51. Order of voting on amendments ................................................................................... 19
52. Order of voting on proposals ....................................................................................... 20
XII. ELECTIONS
53. Methods of elections ................................................................................................... 20
54. Conduct of elections when only one elective place is to be filled .................................... 20
55. Conduct of elections when two or more elective places are to be filled .......................... 21
XIII. SUBSIDIARY BODIES
56. Ad hoc subsidiary bodies ............................................................................................ 21
XIV. REPORT OF THE COMMITTEE
57. Annual report .............................................................................................................. 21
PART TWO. RULES RELATING TO THE FUNCTIONS
OF THE COMMITTEE
XV. REPORTS FROM STATES PARTIES UNDER ARTICLES 16
AND 17 OF THE COVENANT
58. Submission of reports .................................................................................................. 22
59. Non‑submission of reports .......................................................................................... 22
60. Form and content of reports ........................................................................................ 22
61. Consideration of reports .............................................................................................. 23
62. Attendance by States parties at examination of reports ................................................. 23
63. Request for additional information ................................................................................ 23
64. Suggestions and recommendations ............................................................................... 24
65. General comments ....................................................................................................... 24
CONTENTS (continued)
Rule Page
XVI. REPORTS FROM SPECIALIZED AGENCIES UNDER
ARTICLE 18 OF THE COVENANT
66. Submission of reports .................................................................................................. 24
67. Consideration of reports .............................................................................................. 24
68. Participation of specialized agencies ............................................................................. 25
XVII. OTHER SOURCES OF INFORMATION
69. Submission of information, documentation and written statements ................................. 25
PART THREE. INTERPRETATION AND AMENDMENTS
XVIII. INTERPRETATION AND AMENDMENTS
70. Underlined headings .................................................................................................... 26
71. Amendments ............................................................................................................... 26
72. Approval of and modification by the Council ............................................................... 26
PART ONE. GENERAL RULES
I. SESSIONS
Duration
and venue of the sessions
Rule
1
The Committee on Economic, Social and Cultural Rights (hereinafter referred to as “the Committee”) shall meet annually for a period of up to three weeks, or as may be decided by the Economic and Social Council (hereinafter referred to as “the Council”) taking into account the number of reports to be examined by the Committee. Sessions of the Committee shall be held at Geneva or wherever the Council so decides.
Dates
of sessions
Rule
2
Sessions of the Committee shall be convened at dates decided by the Council in consultation with the Secretary‑General of the United Nations (hereinafter referred to as “the Secretary‑General”).
Notification
of the opening date of sessions
Rule
3
The Secretary‑General shall notify the members of the Committee of the date of the first meeting of each session. Such notifications shall be sent at least six weeks in advance of the session.
II. AGENDA
Provisional
agenda for the sessions
Rule
4
The provisional agenda of each session shall be prepared by the Secretary‑General in consultation with the Chairperson of the Committee and shall include:
(a) Any item decided upon by the Committee at a previous session;
(b) Any item proposed by the Council in fulfilment of its responsibilities under the International Covenant on Economic, Social and Cultural Rights (hereinafter referred to as “the Covenant”);
(c) Any item proposed by the Chairperson of the Committee;
(d) Any item proposed by a State party to the Covenant;
(e) Any item proposed by a member of the Committee;
(f) Any item proposed by the Secretary‑General.
Adoption
of the agenda
Rule
5
The first item on the provisional agenda of any session shall be the adoption of the agenda, except for the election of the officers when required under rule 14 of these rules.
Revision
of the agenda
Rule
6
During a session, the Committee may revise the agenda and may, as appropriate, add, delete or defer items.
Transmission
of the provisional agenda and basic documents
Rule
7
The provisional agenda and basic documents relating to items appearing thereon shall be transmitted to the members of the Committee by the Secretary‑General as early as possible.
Organization
of work
Rule
8
At the beginning of each session the Committee shall consider appropriate organizational matters, including the schedule of its meetings and the possibility of holding a general discussion on the measures adopted and the progress made in achieving the observance of the rights recognized in the Covenant.
III. MEMBERS OF THE COMMITTEE
Members
Rule
9
Members of the Committee shall be the 18 experts elected by the Council in accordance with paragraphs (b) and (c) of its resolution 1985/17.
Term
of office
Rule
10
The term of office of members elected to the Committee shall begin on 1 January following their election and expire on 31 December following the election of members that are to succeed them as members of the Committee.
Declaration
of casual vacancies
Rule
11
1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to carry out his functions for any cause other than absence of a temporary character, the Chairperson of the Committee shall notify the Secretary‑General, who shall then declare the seat of that member to be vacant.
2. In the event of the death or the resignation of a member of the Committee, the Chairperson shall immediately notify the Secretary‑General, who shall declare the seat vacant from the date of death or the date on which the resignation takes effect. The resignation of a member of the Committee shall be notified by the member in writing directly to the Chairperson or the Secretary‑General and action shall be taken to declare the seat vacant only after such notification has been received.
Filling
of casual vacancies
Rule
12
1. When a vacancy is declared in accordance with rule 11 of these rules and if the term of office of the member to be replaced does not expire within six months of the declaration of the vacancy, the Secretary‑General shall notify each of the States parties of the regional group to which the vacant seat in the Committee is allocated in accordance with paragraph (b) of Council resolution 1985/17. Those States parties may within two months submit nominations in accordance with the relevant provisions of paragraphs (b) and (c) of the same resolution.
2. The Secretary‑General shall prepare a list in alphabetical order of the persons thus nominated and shall submit it to the Council. The Council shall hold the election to fill the vacancy in the Committee in accordance with the procedure established in paragraph (c) of its resolution 1985/17. The election shall take place at the session of the Council following the deadline for the submission of nominations for the vacant seat.
3. A member of the Committee elected to fill the vacancy declared in accordance with rule 11 of these rules shall hold office for the remainder of the term of the member who vacated the seat on the Committee.
Solemn
declaration
Rule
13
Before assuming his duties, each member of the Committee shall make the following solemn declaration in open Committee:
“I solemnly undertake to discharge my duties as a member of the Committee on Economic, Social and Cultural Rights impartially and conscientiously.”
IV. OFFICERS
Elections
Rule
14
The Committee shall elect from among its members a Chairperson, three Vice‑Chairpersons and a Rapporteur, with due regard for equitable geographical representation.
Term
of office
Rule
15
The officers of the Committee shall be elected for a term of two years. They shall be eligible for re‑election. None of them, however, may hold office if he or she ceases to be a member of the Committee.
Position
of the Chairperson in relation to the Committee
Rule
16
The Chairperson shall perform the functions conferred upon him by the rules of procedure and the decisions of the Committee. In the exercise of those functions, the Chairperson shall remain under the authority of the Committee.
Acting
Chairperson
Rule
17
If during a session the Chairperson is unable to be present at a meeting or any part thereof, he or she shall designate one of the Vice‑Chairpersons to act in his or her place.
Powers
and duties of the Acting Chairperson
Rule
18
A Vice‑Chairperson acting as Chairperson shall have the same powers and duties as the Chairperson.
Replacement
of officers
Rule
19
If any of the officers of the Committee ceases to serve or declares inability to continue serving as a member of the Committee or for any reason is no longer able to act as an officer, a new officer shall be elected for the unexpired term of his or her predecessor.
V. SECRETARIAT
Duties
of the Secretary‑General
Rule
20
1. The secretariat of the Committee and of such subsidiary bodies as may be established by the Committee shall be provided by the Secretary‑General.
2. The Secretary‑General shall provide the Committee with the necessary staff and facilities for the effective performance of its functions, bearing in mind the need to give adequate publicity to its work.
Statements
Rule
21
The Secretary‑General or his representative shall attend all meetings of the Committee and, subject to rule 33 of these rules, may make oral or written statements at meetings of the Committee or its subsidiary bodies.
Keeping
the members informed
Rule
22
The Secretary‑General shall be responsible for informing the members of the Committee without delay of any questions which may be brought before it for consideration.
Financial
implications of proposals
Rule
23
Before any proposal which involves expenditure is approved by the Committee or by any of its subsidiary bodies, the Secretary‑General shall prepare and circulate to the members of the Committee or subsidiary body, as early as possible, an estimate of the cost involved in the proposal. It shall be the duty of the Chairperson to draw the attention of members to this estimate and to invite discussion on it when the proposal is considered by the Committee or subsidiary body.
VI. LANGUAGES
Official
and working languages
Rule
24
Arabic, English, French, Russian and Spanish shall be the official languages of the Committee and English, French, Russian and Spanish shall be the working languages of the Committee.
Interpretation
Rule
25
1. Statements made in an official language shall be interpreted into the other official languages.
2. A speaker may make a statement in a language other than an official language if he provides for interpretation into one of the official languages. Interpretation into the other official languages by the interpreters of the Secretariat may be based on the interpretation given in the first such language.
Languages of records
Rule 26
Summary records of the meetings of the Committee shall be drawn up and distributed in English, French and Spanish.
Languages of formal decisions and official documents
Rule 27
All formal decisions of the Committee to be submitted to the Council shall be made available in the official languages of the Council. All other official documents of the Committee shall be issued in the working languages and any of them may, if the Council so decides, be issued in all the official languages of the Council.
VII. PUBLIC AND PRIVATE MEETINGS
Public and private meetings
Rule 28
The meetings of the Committee and its subsidiary bodies shall be held in public unless the Committee decides otherwise.
Issue of communiqués concerning private meetings
Rule 29
At the close of each private meeting the Committee or its subsidiary body may issue a communiqué through the Secretary‑General for the use of the information media and the general public regarding the activities of the Committee at its closed meetings.
VIII. RECORDS
Summary records of the proceedings and corrections to them
Rule 30
1. The Secretary‑General shall provide the Committee with summary records of its proceedings, which shall be made available to the Council at the same time as the report of the Committee.
2. Summary records are subject to correction to be submitted by participants in the meetings to the Secretariat in the language in which the summary record is issued. Corrections to the records of the meetings shall be consolidated in a single corrigendum to be issued shortly after the end of the session concerned.
IX. DISTRIBUTION OF REPORTS AND OTHER OFFICIAL
DOCUMENTS OF THE COMMITTEE
Distribution of official documents
Rule 31
Reports, formal decisions and all other official documents of the Committee shall be documents of general distribution unless the Committee decides otherwise.
X. CONDUCT OF BUSINESS
Quorum
Rule 32
Twelve members of the Committee shall constitute a quorum.
Powers of the Chairperson
Rule 33
The Chairperson shall declare the opening and closing of each meeting of the Committee, direct the discussion, ensure observance of these rules, accord the right to speak, put questions to the vote and announce decisions. The Chairperson, subject to these rules, shall have control over the proceedings of the Committee and over the maintenance of order at its meetings. The Chairperson may, in the course of the discussion of an item, propose to the Committee the limitation of the time to be allowed to speakers, the limitation of the number of times each speaker may speak on any question and the closure of the list of speakers. He or she shall rule on points of order and shall also have the power to propose adjournment or closure of the debate or adjournment or suspension of a meeting. Debate shall be confined to the question before the Committee, and the Chairperson may call a speaker to order if his or her remarks are not relevant to the subject under discussion.
Time limit for statements
Rule 34
The Committee may limit the time allowed to each speaker on any question. When debate is limited and a speaker exceeds his allotted time, the Chairperson shall call him or her to order without delay.
List of speakers
Rule 35
During the course of a debate, the Chairperson may announce the list of speakers and, with the consent of the Committee, declare the list closed. The Chairperson may, however, accord the right of reply to any member or representative if a statement delivered after the list is declared closed makes this desirable. When the debate on an item is concluded because there are no other speakers, the Chairperson shall declare the debate closed. Such closure shall have the same effect as closure by the consent of the Committee.
Points of order