Updated on 26 June 2024

How to make a complaint to a treaty body

Complaints to any UN treaty body can be made by:

  • Using the UN online submission portal; or
  • Writing a complaint and sending it to the UN by email or in the mail.

The UN Office of the High Commissioner of Human Rights (OHCHR) website has lots of helpful information about making a complaint, including links to the online submission portal, a model complaint form and a guidance note to help with making a complaint:

https://www.ohchr.org/en/treaty-bodies/individual-communications

Important:

  • You should make a complaint as soon as you can after you have tried all other options in Australia – the UN might not accept a complaint if there is too much delay;
  • You can only complain to one treaty body;
  • You can’t make an anonymous complaint – details of the victim must be given to the UN. However, you can ask for your details to be kept confidential in the final decision, if you get one.

Writing a complaint

To make a written complaint, you will either need to:

  • Use the complaint form from the OHCHR website; or
  • Write your own letter. If you write your own letter, you must scan the document and send it by email, or send it in the mail.

Important: if you are able to scan and send the complaint by email, you must do that. The UN will only accept complaints in the mail if there is a good reason why you couldn’t send an email.

The UN strongly recommends using the complaint form if you can.

Your complaint must be:

  • In writing (preferably typed with a computer);
  • Written legibly (this means the UN must be able to read your writing);
  • Written in Arabic, Chinese, English, French, Russian or Spanish;
  • Signed by you or the person making the complaint on your behalf;
  • No more than 50 pages long.

Your complaint needs to include:

  • If you are sending a complaint by mail, an explanation of why you couldn’t use email;
  • Your name, nationality, date of birth and mailing address;
  • Which government you are complaining about;
  • If someone is writing a complaint on your behalf:
    • Your written consent; or
    • Clear reasons why they couldn’t get your written consent;
  • Whether you want the treaty body to include your name in its final decision;
  • All the facts of your complaint, in chronological (time) order – include as much information as possible and try not to leave anything important out;
  • Why your issue is a breach of a treaty right – if you know which treaty and right has been breached, include that information;
  • What you want the government to do if the Committee decides there was a breach of your human right;
  • All the steps you have taken in Australia to try and deal with the issue (any complaints you have made or courts and tribunals you have been to);
  • If there are any steps you haven’t been able to take in Australia, explain why;
  • If you are currently taking steps in Australia but they are taking too long, give an explanation;
  • Whether you have submitted a complaint about this issue to any other UN body.

Evidence for a complaint

You will need to include the following documents with your complaint, if you have them:

  • Decisions made by any Australian courts or tribunals about your issue;
  • Records of complaints you have made to external complaint bodies, like the Victorian Ombudsman;
  • Any evidence like medical or psychological reports that support your complaint.

If you are attaching documents to your complaint, you need to make a list on your main complaint letter of what documents you are including, with a small summary of what each document is about.

Where to send your complaint:

By email

Petitions@ohchr.org

By mail

Petitions and Urgent Actions Section

OHCHR

Palais des Nations

Avenue de la Paix 8-14

1211 Geneva

Switzerland

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