United Nations committees

Contributed by Kate Eastman and current to 1 September 2005

Complaints (called communications) may be lodged with one of three specialist United Nations committees:

• the Human Rights Committee

• the Committee on the Elimination of All Forms of Racial Discrimination

• the Committee Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Each committee consists of independent experts in the field of human rights.

WHICH COMMITTEE?

There is often overlap between the treaties, and sometimes more than one right has been violated. Most complaints are made to the Human Rights Committee, which allows a person to complain about several different violations. Generally, if a complaint involves violations of rights under more than one of the treaties, the complainant will have to choose one of the three committees.

THE COMMITTEE PROCESS

The committees meet only a few times a year, in either Geneva or New York, so it can take a long time for them to consider a communication. The process is slow and the communication has to go through a number of stages.

At each stage, the committee is in contact with the complainant and the Australian government.

There is no oral hearing and the whole process is confidential. Very few complaints survive the entire process, and even fewer are successful.

What the committee may decide

IS THE COMMUNICATION ADMISSIBLE?

The committee first determines whether the communication is admissible – that is, that:

• the human rights allegedly violated are contained in the relevant treaty; and

• the complainant has exhausted all Australian remedies (see 'EXHAUSTING LOCAL REMEDIES').

If the communication does not meet these requirements it will be ruled inadmissible and will proceed no further.

WHAT ARE THE MERITS OF THE CASE?

If a communication satisfies the admissibility requirements, the committee considers the merits of the case, and whether Australia has violated its treaty obligations. This involves examining:

• the facts surrounding the alleged violation, and

• submissions from the complainant and the Australian government.

If there has been a violation

If a committee decides there has been a violation, it publishes its decision. It may recommend compensation, or request the government to take steps to prevent future breaches. The decision is not strictly binding on the government.

WHEN HAS A GOVERNMENT VIOLATED ONE OF THE TREATIES?

As a general rule, the human rights guarantees in the treaties are expressed as obligations on governments in their dealings with individuals. Violations occur when a government fails to protect a person’s rights in specified circumstances.