PROTOCOL OF ENGAGEMENT
WITH UN AGENCIES
This protocol recognises that there are multiple levels of engagement between
Australian Human Rights Commission staff and Commissioners with UN agencies, special procedures and UN staff.
The Commission considers its interaction with the UN on a case-by-case basis. In
general communications that are administrative in nature are made on a regular
basis by Commission staff, more substantive communications generally require
consultation with the Executive Director and/or approval by the President and
Commissioners.
1. Officer to officer communication which is essentially administrative.
There is frequently officer to officer communication which is focussed on administrative tasks or providing public information Australian networks.
2. Officer to officer communication which is more substantive.
Examples could include
- Communication from a Special Rapporteur requesting background information about a particular area of concern, or requesting suggestions about relevant Australian experts or NGOs to approach about an issue;
- Communication from a SR requesting a meeting with a Commissioner as part of a formal country visit, or on an informal basis.
3. Formal requests from a UN agency or expert body
Sometimes the Commission receives formal requests regarding the provision of information or attendance at an official meeting. Examples could include:
- Communication from OHCHR, a treaty body or a special procedure to complete a questionnaire;
- Invitation to the Commission to nominate a representative to a participate in an international or regional meeting;
- Communication from a treaty body or special procedure formally requesting the Commission’s views on a particular report or issue of concern eg periodic report to a treaty body from the Australian Government.
4. Formal requests from the Australian government to participate in a UN process
Sometimes the Commission has contact with a UN agency or expert body through an Australian government request. Examples could include:
- Policy unit contributions, by request, to government periodic reports to treaty bodies;
- A request from a government department for comments on the revision of a treaty eg. The federal workplace relations department requesting comments on the revision of the Maternity Protection Convention.
- A request from a government department to join an Australian government delegation
5. Shadow reports to UN treaty bodies or other UN mechanisms
In the past the Commission has written independent ‘shadow’ reports to UN treaty bodies. This has been in addition to providing information to the Australian government for the purposes of the government’s report.
Further, sometimes the community sector approaches the Commission to join an NGO ‘shadow’ report, or provide information for the purposes of an NGO ‘shadow’ report.
6.Australian Human Rights Commission engagements with or interventions before UN bodies and other international human rights fora
Decisions that may need to be made from time to time by the Commission with respect to the Commission’s engagement with or interventions before UN bodies and other international fora may include:
- if attendance by the Commission is required at a session, who should represent the Commission;
- which, if any, agenda items the Commission speaks to;
- what position should be adopted in relation to a particular point if there is not a stated the Commission position on the issue; and
- the content of any written documents to be presented or tabled by the Commission;
7.Contracting with individuals who may also hold a position with the UN
the Commission may at times intend to contract with a person (or have that person subcontract to another person) for the performance of services. In the event that the contractor or subcontractor holds a position with the UN (even if that position is not related to the work they are contracted to perform) and the Commission is aware of this, it should be reported to the Executive Director.
It is possible that the contractor or subcontractor may report to UN that he/she is performing work for the Commission. For the sake of transparency, the Commission should consider whether it needs to publicly report the fact that the person it is contracting with has a role with the UN.
NOTIFICATION TO GOVERNMENT OF the Commission’S ENGAGEMENT WITH UN AGENCIES
Where the Commission engages formally with UN agencies (as referred to in paras. 3 to 6 above) the government should be advised of that engagement.
Issues to be considered in informing the government include:
- when to inform the government;
- who to inform (for example AGD and/or DFAT and/or Australia’s mission in Geneva); and
- what documentation to provide to government
For example, The UN Human Rights Council (HRC) has adopted a resolution of the former Commission for Human Rights (2005/74) giving accredited national human rights institution participatory rights in the HRC including:
- the right to speak on all items on the HRC’s agenda for its sessions;
- dedicated seating for national institutions during HRC sessions;
- issuing documents from national institutions under their own symbol numbers; and
- participatory rights in the HRC Advisory Committee.
Page updated April 16, 2010 .
