Citation:
Naples-Mitchell, Joanna. 2011. “Perspectives of UN Special Rapporteurs on their Role: Inherent Tensions and Unique Contributions to Human Rights”. Copy at http://www.tinyurl.com/k4vbet2
Date Published:
Feb 1, 2011Abstract:
This article evaluates the role of United Nations special rapporteurs through a systematicstudy of the perspectives of mandate-holders. Qualitative interviews with current and
former rapporteurs and their assistants reveal that three central tensions inherent in
the rapporteur’s task give the rapporteur room for individual experimentation. First, the tension between UN affiliation and independent status allows the rapporteur to
determine his/her orientation toward the UN. Secondly, the tension between
competing obligations to treat sovereign states as partners and as adversaries forces
the rapporteur to develop innovative strategies to address national sovereignty.
Thirdly, the tension between the universal scope of thematic mandates and the
impossibility of realising that scope enables the rapporteur to travel between specific
contexts and international norms. The unparalleled autonomy afforded by the position
enables rapporteurs to define rights in real time, responding to situations as they
unfold rather than after the fact. For that reason, any reform of the special procedures
system should preserve the role’s unique features. Rather than expend political will
on ambitious structural changes, reform advocates should focus on increasing
funding, resources, and pressure on states to cooperate.
Notes:
Joanna Naples-Mitchell is a former Undergraduate Associate (2009-2010).Download PDF