Human Rights Council Advisory Committee Background note

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Human Rights Council Advisory Committee
Background note Error! Main Document Only.
Pursuant to Council resolution 5/1 paragraphs 65 to 84, the Human Rights Council Advisory Committee
has been established to function as a think-tank for the Council and work at its direction. The
Committee held its first meeting in August 2008. It meets twice a year, for one week in February
immediately before the March session of the Council and for one week in August.
Mandate & functions
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The Advisory Committee provides expertise to the Council in the manner and form requested by
it. It mainly focuses on studies and research-based advice.
The Committee may also propose within the scope of the work set out by the Council, for the
latter’s consideration and approval, suggestions for further research proposals.
In its work, the Committee should be implementation-oriented and the scope of its advice
should be limited to thematic issues pertaining to the mandate of the Council, namely
promotion and protection of all human rights.
It shall not adopt resolutions or decisions.
Membership
The Committee is composed of 18 independent experts from different professional backgrounds
representing the various regions of the world.1 Experts are nominated by Governments and elected by
the Council. Elections normally take place at the September session of the Council. At the thirtieth
session in September 2015, elections will be held for four seats, one from African States, one from AsiaPacific States, one from the Group of Latin American and Caribbean States, and one from Western
European and other States.
Members serve for a period of three years and may be re-elected once. Their term of membership
starts on 1 October of the year of their election.
The present composition of the Advisory Committee - with an indication of the expiration of the term of
membership in brackets - is as follows:
Mr. Ibrahim Abdulaziz Alsheddi (Saudi Arabia, 2018); Mohamed Bennani (Morocco, 2017);
Laurence Boisson de Chazournes (France, 2017); Mario Luis Coriolano (Argentina, 2018); LauraMaria Crăciunean (Romania, 2017); Hoda Elsadda (Egypt, 2016); Karla Hananía de Varela (El
Salvador 2016); Mikhail Lebedev (Russian Federation, 2016); Alfred Ntunduguru Karokora
(Uganda, 2016); Kaoru Obata (Japan, 2016); Obiora Chinedu Okafor (Nigeria, 2017); Katharina
Pabel (Austria, 2018); Anantonia Reyes Prado (Guatemala, 2017); Changrok Soh (Republic of
Korea, 2017); Ahmer Bilal Soofi (Pakistan, 2017); Imeru Tamrat Yigezu (Ethiopia, 2018); Yishan
Zhang (China, 2016) and Jean Ziegler (Switzerland, 2016).
Current mandates
• The activities of vulture funds
In September 2014, the Council adopted resolution 27/30 on the activities of vulture funds, wherein
it requests the Advisory Committee to prepare a research-based report on the activities of vulture
funds and the impact on human rights. The Committee is to present a progress report for the
consideration of the Council at its thirty-first session (March 2016).
1
Five from African States; five from Asian States; two from Eastern European States; three from Latin American
and Caribbean States, and three from Western European and other States.
Human Rights Council Advisory Committee
The Committee is also requested to seek the views and inputs of Member States, United Nations
agencies, relevant international and
regional
organizations,
the Office of the United Nations High
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Commissioner for Human Rights and relevant special procedures, including the Independent Expert
on the effects of foreign debt and other related international financial obligations of States on the
full enjoyment of all human rights, particularly economic, social and cultural rights, as well as
national human rights institutions and non-governmental organizations, in the preparation of the
above-mentioned research-based report.
At its fourteenth session, the Advisory Committee established a drafting group for the preparation
of the progress report to be submitted to the Human Rights Council at its thirty-first session, and
which is comprised of Mr. Bennani, Mr. Coriolano, Mr. Lebedev, Mr. Soofi (Chairperson) and Mr.
Ziegler (Rapporteur).
Also at the fourteenth session, the drafting group and the full committee held meetings to discuss
the topic and the questionnaires to be disseminated to Member States, relevant international and
regional organizations, national human rights institutions and non-governmental organizations. The
questionnaires were disseminated by the Committee in March 2015 to different stakeholders.
At its fifteenth session, the Committee considered the draft progress report (A/HRC/AC/15/CRP.1)
which took into account the replies to the questionnaire on the issue. The Committee
recommended that the Council extend the time schedule envisaged to allow for better informed
work, and that the Committee be requested to submit a progress report to the Council at its thirtythird session (September 2016) instead of the 31st session in March 2016.
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Leprosy-related discrimination
In its resolution 10/62, the Council requested the Advisory Committee to formulate a draft set of
principles and guidelines to eliminate discrimination against persons affected by leprosy, and their
family members, and to submit it to the Council for its consideration. The Committee designated
one of its members to formulate this draft of principles and guidelines which were then endorsed by
the Council and the General Assembly in September and December 2010 respectively (GA resolution
65/215).
At its twenty-ninth session in June 2015, the Human Rights Council adopted resolution 29/5 on the
elimination of discrimination against persons affected by leprosy and their family members, in
which it mandated the Advisory Committee to undertake a study which reviews the implementation
of the principles and guidelines for the elimination of discrimination against persons affected by
leprosy and their family members, together with the obstacles thereto, and to submit a report
containing practical suggestions for the wider dissemination and more effective implementation of
the principles and guidelines in order to eliminate discrimination and the stigma associated with
leprosy and to promote, protect and respect the human rights of those affected by leprosy, and
their family members, to the Council at its thirty-fifth session (June 2017).
The resolution also encourages the Advisory Committee, when elaborating the above-mentioned
report, to take into account the views of Member States, as appropriate, relevant international and
regional organizations, including the World Health Organization, the Office of the United Nations
High Commissioner for Human Rights and relevant special procedures, national human rights
institutions and non-governmental organizations, as well as the work done on the issue by relevant
United Nations bodies, specialized agencies, funds and programmes within their respective
mandates.
At its fifteenth session, the Committee established a drafting group for the preparation of the
above-mentioned study, comprising of Ms. Boisson de Chazournes, Mr. Coriolano, Ms. Crăciunean,
Mr. Obata (Chairperson), Mr. Soh, Mr. Soofi, Mr. Yigezu (Rapporteur) and Mr. Zhang.
Human Rights Council Advisory Committee
Also at the same session, the drafting group and the full Committee held meetings to discuss the
topic and the questionnaires to be Error!
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to Member
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regional organizations, national human rights institutions and non-governmental organizations. The
questionnaires were disseminated by the Committee in September 2015 to different stakeholders.
The drafting group will submit a preliminary report to the Advisory Committee at its sixteenth
session in February 2016, taking into account the replies to the questionnaire, and with a view to
submitting the report to the Council at its thirty-fifth session (June 2017).
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Unaccompanied migrant children and adolescents
At its twenty-ninth session in June 2015, the Human Rights Council adopted resolution 29/12 on
unaccompanied migrant children and adolescents and human rights, mandating the Advisory
Committee to develop a research-based study on the global issue of unaccompanied migrant
children and adolescents and human rights, in which it identifies areas, reasons and cases where
this issue arises in the world, and the ways in which human rights are threatened and violated, and
makes recommendations for the protection of the human rights of members of this population, and
to submit it to the Council at its thirty-third session (September 2016).
At its fifteenth session, the Committee established a drafting group for the preparation of the
above-mentioned study, comprising of Mr. Corioliano, Ms. Crăciunean, Ms. Elsadda, Ms. Hananía de
Varela (Rapporteur), Mr. Okafor, Ms. Pabel, Ms. Reyes Prado (Chairperson) and Mr. Soh.
Also at the same session, the drafting group and the full Committee held meetings to discuss the
topic and the questionnaires to be disseminated to Member States, relevant international and
regional organizations, national human rights institutions and non-governmental organizations. The
questionnaires were disseminated by the Committee in September 2015 to different stakeholders.
The drafting group will submit a draft progress report to the Advisory Committee at its sixteenth
session in February 2016, taking into account the replies to the questionnaire, with a view to
submitting the report to the Human Rights Council at its thirty-third session (September 2016).
Past mandates and achievements
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Human rights education and training
HRC resolution 6/10 mandated the Advisory Committee to elaborate a draft declaration on human
rights education and training. At its fourth session in January 2010, the Committee transmitted a
draft declaration to the Council. As a result, an intergovernmental working group established by the
Council (HRC res. 13/15) was mandated to finalize the work on a declaration based on the
Committee’s draft. In December 2011, the United Nations Declaration on Human Rights Education
and Training was endorsed by the General Assembly (GA res. 66/13).
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Missing persons
At its seventh session (March 2008), the Council adopted resolution 7/28, in which it decided to
hold a panel discussion on the question of missing persons at its ninth session (September 2008)
with the participation of experts of the ICRC, delegates of Governments and NGOs as well as NHRIs
and international organizations. At its ninth session, the Council adopted decision 9/101, which
requested the Advisory Committee to prepare a study on best practices on the issue of missing
persons, which the Committee transmitted to the Council’s sixteenth session (A/HRC/16/70). In its
presidential statement 16/1, the Council noted that this recommendation may be addressed in the
context of the Council at its future sessions.
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Human rights and international solidarity
Pursuant to resolutions 9/2, 12/9 and 15/3, a first paper prepared by the drafting group on human
Human Rights Council Advisory Committee
rights and international solidarity was discussed in January 2011. Two members of the drafting
group participated in the workshopError!
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18/5, dedicated to exchange views on the gender implications of international solidarity, the impact
of a right to international solidarity, the role of international solidarity in achieving the Millennium
Development Goals and the realization of the right to development.
In its resolution 21/10, the Council took note of the final paper submitted by the Committee
(A/HRC/21/66) as an input to the process of elaboration of a draft declaration on the issue. The
Council requested the Independent Expert on the issue to submit a report on the implementation of
this resolution at its twenty-third session in June 2013.
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Right to food
Within the context of its work on the right to food, the Advisory Committee undertook and finalized
a number of studies, namely on discrimination in the context of the right to food (A/HRC/16/40); on
ways and means to further advance the rights of peasants and other people working in rural areas
(A/HRC/16/63) and on the relationship between severe malnutrition and childhood diseases, taking
children affected by noma as an example (A/HRC/19/73). The Advisory Committee furthermore
transmitted to the Council a study on the urban poor and their enjoyment of the right to food
(A/HRC/22/61); and on rural women and their enjoyment of the right to food (A/HRC/22/72).
In its resolution 21/19, the Council took note of the draft declaration on the rights of peasants, and
decided to establish an open-ended intergovernmental working group to prepare and submit a draft
declaration based on the draft declaration submitted by the Committee. Mr Bengoa Cabello, as
Rapporteur of the drafting group, participated in the first session of the working group which was
held from 15 to 19 July 2013.
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Right of peoples to peace
Further to the mandate conferred by the Council (HRC res. 14/3), the Committee submitted a draft
declaration on the right of peoples to peace to the twentieth session of the Council. As a result, the
Council in its resolution 20/15 established an open-ended intergovernmental working group to
negotiate a draft declaration based on the draft declaration submitted by the Committee. The
Rapporteur of the Committee’s drafting group, Ms. Zulficar, participated at the first session of the
working group, which was held from 18 to 21 February 2013. The third session of the working group
was therefore held from 20 to 24 April 2015, following which the Chairperson of the Working Group
presented a report to the 29th session of the Council in June 2015.
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Traditional values
In its resolution 16/3, the Council requested the Advisory Committee to prepare a study on how a
better understanding and appreciation of traditional values of dignity, freedom and responsibility
could contribute to the promotion and protection of human rights, and to present that study to the
Council before its twenty-first session.
The Committee finalized its study on promoting human rights and fundamental freedoms through a
better understanding of traditional values of humankind, which was submitted to the Council’s
22nd session (A/HRC/22/71).
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Terrorist hostage-taking
In resolution 18/10, the Council requested the Committee to prepare a study on the issue of
terrorist hostage-taking for the purposes of promoting awareness and understanding, paying
particular attention to its impact on human rights and the role of regional and international
cooperation in this field. The study was submitted for consideration by the Council at its twentyfourth session in September 2013 (A/HRC/24/47).
Human Rights Council Advisory Committee
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Enhancement of international cooperation in the field of human rights
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Only. the Committee submitted its study
Further to the mandate conferred by
Council
resolution
on the enhancement of international cooperation in the field of human rights to the nineteenth
session of the Council (A/HRC/19/74). The Council took note of the study and requested OHCHR to
organize a Seminar on the matter (resolution 19/33), which was held on 15 February 2013.
In its resolution 23/3, adopted in June 2013, the Council tasked the Committee with the preparation
of a more focused and in-depth study on the ways and means to enhance international cooperation
in order to assess the progress and drawbacks of such cooperation, it. The Committee submitted its
report (A/HRC/26/41) to the Council at its twenty-sixth session in June 2014.
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Human rights in post-disaster and post-conflict situations
Council resolution 22/16 mandated the Committee to prepare a research-based report on best
practices and main challenges in the promotion and protection of human rights in post-disaster and
post-conflict situations, and to the Council present a progress report at its 26th session and a final
report at its 28th session.
At its twenty-sixth session, the Council acceded to the Committee’s request and by its decision
26/116 extended the time for presentation of the progress report to its twenty-seventh session. The
progress report (A/HRC/27/57) was accordingly submitted to the twenty-seventh session of the
Council in September 2014 and the final report (A/HRC/28/76) to the twenty-eighth session of the
Council in March 2015.
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Negative impact of corruption on human rights
Council resolution 23/9, adopted in June 2013, mandated the Committee to prepare a researchbased report on this matter containing recommendations on how the Council and its subsidiary
bodies should consider this issue and to submit it to the Council at its twenty-sixth session in June
2014.
The Committee presented an interim report (A/HRC/26/42) to the Council at its twenty-sixth
session in June 2014 and the Council, by its decision 26/115, extended the time for presentation of
the final report to its twenty-eighth session. The final report (A/HRC/28/73) was accordingly
submitted to the twenty-eighth session of Council in March 2015.
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Human rights and unilateral coercive measures
In its resolution 24/14, adopted in September 2013, the Council mandated the Committee to
prepare a research-based report containing recommendations on mechanisms to assess the
negative impact of unilateral coercive measures on the enjoyment of human rights and to promote
accountability, and to present a progress report of the requested research-based report to the
twenty-eighth session of the Council (March 2015).
Resolution 24/14 also requested the OHCHR to organize, prior to the twenty-seventh session, a
workshop on the impact of the application of unilateral coercive measures on the enjoyment of
human rights by the affected populations, in particular their socioeconomic impact on women and
children, in the States targeted, and prepare a report on the proceedings of the workshop and to
submit it to the twenty-seventh session of the Council (September 2014). The workshop took place
on 23 May 2014 in Geneva, with the participation of Mr. Yigezu (Rapporteur) and Mr. Ziegler
(Chairperson).
At its twenty-seventh session in September 2014, the Council adopted resolution 27/21, reiterating
its request to the Advisory Committee to prepare the research-based report and establishing, for a
period of three years, the mandate of a Special Rapporteur on the negative impact of unilateral
coercive measures on the enjoyment of human rights.
Human Rights Council Advisory Committee
Also in the same resolution, the Council decided to organize a biennial panel discussion on the issue
of unilateral coercive measures andError!
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of which will be held at the upcoming
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session of the Council in September 2015.
The Advisory Committee submitted the progress report (A/HRC/28/74) to the Human Rights Council
at its twenty-eighth session.
At its twenty-eighth session, the Human Rights Council appointed Idriss Jazairy (Algeria) as Special
Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human
rights.
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Attacks against persons with albinism
In September 2013, the Council adopted resolution 24/33 on technical cooperation for the
prevention of attacks against persons with albinism, which mandated the Advisory Committee to
prepare a study on the situation of human rights of persons living with albinism and to submit a
report thereon to the twenty-eighth session of the Council (March 2015). The report (A/HRC/28/75)
was accordingly submitted to the Council at its twenty-eighth session.
At its twenty-eighth session, the Council adopted resolution 28/6, acknowledging the report of the
Advisory Committee and the recommendations therein, including to establish a special procedure
mechanism, and established, for a period of three years, the mandate of an Independent Expert on
the enjoyment of human rights of persons with albinism.
At its twenty-ninth session in June 2015, the Council appointed Ikponwosa Ero (Nigeria) as
Independent Expert on the enjoyment of human rights of persons with albinism.
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Promoting human rights through sport and the Olympic ideal
In its resolution 24/1, adopted in September 2013, the Council mandated the Committee to prepare
a study on the possibilities of using sport and the Olympic ideal to promote human rights for all and
to strengthen universal respect for them, bearing in mind both the value of relevant principles
enshrined in the Olympic Charter and the value of good sporting example, and to present a progress
report thereon to the Council before its 27th session (September 2014). The progress report
(A/HRC/27/58) was accordingly submitted to the twenty-seventh session of the Council.
At its twenty-seventh session in September 2014, the Council adopted resolution 27/8 wherein it
requested the Advisory Committee to finalize the study on the possibilities of using sport and the
Olympic ideal to promote human rights for all and to strengthen universal respect for them, and to
present it in a report to the Human Rights Council before its thirtieth session (September 2015). The
final report (A/HRC/30/50) was submitted to the Human Rights Council at its thirtieth session.
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Local government and human rights
Council resolution 24/2, adopted in September 2013, took note of the research proposals made by
the Advisory Committee in August 2012 (A/HRC/AC/9/6), which included a research proposal on
local government and human rights, presented to the Human Rights Council for its consideration
and approval in accordance with its functions as described in paragraphs 75 to 78 of the annex to
Council resolution 5/1. The concept paper of the research initiative on local government and human
rights was presented by Ms. Chinsung Chung at the ninth session of the Committee.
In the said resolution, the Council mandated the Committee to prepare a research-based report on
the role of local government in the promotion and protection of human rights, including human
rights mainstreaming in local administration and public services, with a view to compiling best
practices and main challenges, and to present a progress report to the twenty-seventh session of
the Council (September 2014).
Human Rights Council Advisory Committee
A progress report (A/HRC/27/59) was submitted to the twenty-seventh session of the Human Rights
Council and the Committee recommended
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Council at its thirtieth session.
At its twenty-seventh session in September 2014, the Council adopted resolution 27/4, which took
note with appreciation of the Committee’s progress report and requested the Advisory Committee
to continue its research and to submit a final report on the role of local government in the
promotion and protection of human rights to the Human Rights Council at its thirtieth session
(September 2015). The final report (A/HRC/30/49) was accordingly submitted to the Human Rights
Council at its thirtieth session.
Standing items
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Promotion of a democratic and equitable international order
HRC resolution 8/5 requested the Committee to pay due attention, within the respective mandates,
to the resolution and to make contributions towards its implementation. At its first, second and
fourth sessions, the Committee held discussions on the issue.
In its resolution 18/6, the Council established a new special procedures mandate on the matter. At
its nineteenth session, the Human Rights Council appointed Alfred de Zayas (United States of
America) as Independent Expert on the promotion of a democratic and equitable international
order. The Independent Expert will present his next report to the Council at its thirtieth session
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Integration of a gender perspective
In its resolution 6/30, the Council requested the Committee to integrate a gender perspective into
the implementation of its mandate by providing in reports information on and qualitative analysis of
human rights of women and girls. The Committee held discussions on this matter at its second and
fourth sessions. At its tenth session, the Vice-Chair of CEDAW, Ms. Violeta Neubauer, briefed the AC
about CEDAW’s work in this area.
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Persons with disabilities
In its resolution 7/9, the Council encouraged the Committee to integrate the perspective of persons
with disabilities in carrying out its work. At its first, second, fourth and tenth sessions, the
Committee held discussions on the issue.
At its organizational meeting, on 6 November 2014, the Human Rights Council appointed Catalina
Devandas Aguilar (Costa Rica) as Special Rapporteur on the rights of persons with disabilities. The
Special Rapporteur presented her first report to the Council at its twenty-eighth session
(A/HRC/28/58).
Research proposals of the Committee
Pursuant to paragraph 78 of Council resolution 5/1 (institution-building package), the Committee “shall
not adopt resolutions or decisions, but may propose to the Council, within the scope of its work as set
out by the Council, suggestions for further enhancing its procedural efficiency, as well as further
research proposals within the scope of the work set out by the Council”.
Research proposals emanating from the Committee that have been adopted by the Council for future
Committee work, include: Right to Peace, discrimination within the context of the right to food, rights
of peasants and rural women, corruption, post-disaster and post-conflict situations. The current
mandates on local government, vulture funds and the new mandate on unaccompanied migrant
children also derive from proposals initially made by the Committee.
Human Rights Council Advisory Committee
Reflection Papers
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At its fourteenth session, the Advisory Committee decided to produce reflection papers for its own use
at every session of the Committee, which may be published on the OHCHR website as part of the
Committee’s reflection paper series.
At its fifteenth session, the Committee considered the following reflection papers prepared by
Committee members:
(a)
“Whistle-blowing and human rights in the context of corruption” (Ms. Pabel);
(b)
“Climate-induced displacement and human rights” (Mr. Yigezu);
(c)
“Mainstreaming human rights in the post-2015 development agenda” (Ms. Crăciunean);
(d)
“Regional human rights regimes (protection mechanisms)” (Mr. Soh);
(e)
“Global grievance forum for perceived defamation of religion” (Mr. Soofi).
The Committee further requested the following members to prepare reflection papers and to present
them to the Committee at its sixteenth session in February 2016:
(a)
“The impact of settler colonialism on human rights”, Ms. Elsadda and Ms. Hananía de
Varela;
(b)
“The non-material approach to social rights in the framework of sustainable
development”, Mr. Bennani;
(c)
“Youth and human rights: contribution to social cohesion”, Mr. Coriolano, Ms. Hananía
de Varela and Ms. Reyes Prado;
(d)
“Improving the impact of the Human Rights Council: efficiency – efficacy –
implementation – follow-up”, Mr. Coriolano, Ms. Hananía de Varela and Ms. Reyes
Prado.
Modalities & methods of work
Preparation of studies
In order to produce its studies, the Committee usually forms drafting groups consisting of 4-5 members
from various regional groups. The drafting group members work closely with each other through faceto-face meetings and internet communication.
Studies are then presented to the plenary of the Committee for successive rounds of discussion and
revision. Drafting groups normally present a preliminary report and a progress report before submitting
a final study to the Council.
Interaction with various stakeholders
The normal course of action followed in the preparation of studies includes seeking comments and
advice from stakeholders, i.e. member States, international organizations, national human rights
institutions and non-governmental organizations through questionnaires.
Member States, civil society organizations and national human rights institutions also participate in the
deliberations of the Committee.
Human Rights Council Advisory Committee
The Advisory Committee holds meetings in the framework of each of its sessions with nongovernmental organizations and civil society
the bureau of the Human Rights Council
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and the regional and political coordinators.
At its fourteenth session, it also decided to hold consultations with national human rights institutions
and the International Coordinating Committee of National Institutions for the Promotion and Protection
of Human Rights (ICC) at each of its sessions.
Annual report and interactive dialogue
The Chair of the Committee presents the annual report to the Council’s September session. This is
followed by an interactive dialogue with States and NGOs.
October 2015
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