• Special Procedures overview
• Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
• Rwanda
• Sudan
• Special Rapporteur on the situation in Sudan
• Independent Expert on Minority Issues
• Resources

The UN human rights system has a number of thematic and country specific mandates which can address genocide.

Special Procedures usually consist of individual experts (called a Special Rapporteur, Special Representative or Independent Expert) acting in their personal capacity to monitor and advise governments, and publicly report on human rights situations, either in a specific country or on a particular theme. Amongst their activities, special procedures may visit countries to report on their situations, and they may receive information on specific violations to take up with the government concerned. In the cases of Rwanda and Sudan, UN Special Procedures have brought serious violations of human rights to the attention of the international community before genocide took place.

Rwanda:

In 1992, allegations were submitted referring to human rights violations taking place in Rwanda to the UN Special Rapporteurs on Extrajudicial, Summary or Arbitrary Executions and on Torture and also to the Working Group on Enforced or Involuntary Disappearances (See Executions E/CN.4/1992/30 paras 461-467, Torture E/CN.4/1993/26 paras 386-390 and Disappearances E/CN.4/1993/25 paras 441-446).

The Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions visited Rwanda in April 1993. The report (E/CN.4/1994/7/Add.1), issued in August 1993, included reference to whether the violations which had already taken place, and described in the report, constituted genocide. The Special Rapporteur cited Article 2 of the Genocide Convention and stated, “The cases of intercommunal violence brought to the Special Rapporteur’s attention indicate very clearly that the victims of the attacks, Tutsis in the overwhelming majority of cases, have been targeted solely because of their membership of a certain ethnic group, and for no other objective reason. Article II, paragraphs (a) and (b), might therefore be considered to apply to these cases." The report also stated, “The international community cannot remain indifferent to their situation and must therefore provide its assistance wherever that of the Rwandese State is inadequate or non-existent."

Sudan:

The Special Rapporteur visited Sudan in June 2004, before the UN Security Council established the Commission of Inquiry, and reported, “Regrettably, I have to conclude that there is overwhelming evidence that extrajudicial killings of civilians in Darfur have been carried out, with some exceptions, in a coordinated manner by the armed forces of the Government and Government-backed militias. They appear to be carried out in a systematic manner and could be termed grave violations of human rights. There are strong indications that the scale of violations of the right to life in Darfur could constitute crimes against humanity for which the Government of the Sudan must bear responsibility. It is my distinct impression that extrajudicial killings of the Shilook people were carried out by Nuer militia who were armed and sponsored by the Government of the Sudan."

Special Rapporteur on the situation of human rights in the Sudan

The Special Rapporteur on Sudan has brought the worsening situation in Darfur to the attention of the Commission on Human Rights (CHR) (now the Human Rights Council) and the UN General Assembly regularly since 1999. The Special Rapporteur noted in a May 1999 report to the CHR, that policies supported by the Government had allegedly led to worsening relations between tribes because these policies pitted Arab tribes against the Dinka. The UN Security Council’s report to the General Assembly in October 1999, reported “extensive violence and human rights abuses against Masalit civilians on the part of Arab militias allegedly supported by the Government, driving more than 30,000 people into exile in Chad and Egypt and reportedly displacing some 350,000 into areas within West Darfur State itself. The ongoing inter-tribal conflict traditionally has been over water, grazing and land rights. More recently, the Government has reportedly accused the Masalit of collaborating with the SPLA and other opposition groups."

By 2002, the Special Rapporteur’s report to the GA (A/57/326) included information on the “worsening of the socio-economic situation, the ongoing 'local' conflict, opposing the Fur and Massaleit tribes and Arabs from Darfur and neighbouring Chad, and drought [...]” which has led to displacement, and “[s]ources report that up to 1 million people currently risk starvation”. The report also stated that the “Special Rapporteur met with representatives of the Massaleit community in exile in Cairo, who claimed that the depopulation of villages, displacement and changes in land ownership are allegedly part of a government strategy to alter the demography of the region… According to information received, in spite of the fact that authorities are aware of the situation and although a number of perpetrators have been identified by the leaders of the Fur and Massaleit tribes, no investigations have been made nor have perpetrators been brought to justice. Instead, the Special Rapporteur was informed that these leaders have recently been arbitrarily arrested and detained… which, according to some sources, tends to reinforce claims of the Government’s involvement through the support of the Arab militias."

Independent Expert on Minority Issues

On 29 July 2005, in accordance with Human Rights Resolution 2005/79, UN High Commissioner for Human Rights Louise Arbour appointed Ms. Gay McDougall (United States) as the first ever Independent Expert on Minority Issues.

The mandate is responsible for implementing the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (18 December 1992), identifying possibilities for cooperation by the Office of the UN High Commissioner for Human Rights, and enhancing the work of other UN bodies, mandates, mechanisms and organizations that address minority rights and issues. The Independent Expert also takes into account the work of NGOs, consults directly with state governments, conducts country visits, and submits annual reports to the HRC. In her work, the Expert is guided by the provisions of minority rights related international treaties, such as the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. Drawing on the information provided by a number of international sources and standards, the Independent Expert on Minority Issues identifies four major areas of concern: protecting the existence of minorities through the prevention of genocide, preserving minority identity, promoting non-discrimination and equality, and ensuring active participation in public life.

In her January 2006 annual report, the Independent Expert on Minority Issues stated her intention to work closely with the Special Adviser to the UN Secretary-General on the Prevention of Genocide and with UN bodies like the Committee on the Elimination of Racial Discrimination (CERD), in order to coordinate effective strategies for early warning and prevention of conflicts.

On 28 September 2007, UN Human Rights Council Resolution 6/15 provided for the establishment of a Forum on Minority Issues with the main task to “identify and analyse best practices, challenges, opportunities and initiatives for the further implementation of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.” The resolution appointed the Independent Expert on Minority Issues responsible for guiding the work of the Forum and for providing recommendations to the Forum.

Resources