UN Treaty Bodies: Monitoring and Reporting

Ben SchokmanLawyerHuman Rights Law Resource Centre Ltdhumanrights@vicbar.com.auwww.hrlrc.org.au(03) 9225 6653

Overview

Purpose of Reporting

Procedure

State Party’s obligations

Participation of NGOs

Case Studies

Follow up / Implementation

Purpose of Reporting

Fulfilling the State party’s international obligations

Opportunity to record, monitor and evaluate the

implementation and realisation of human rights

Helps planning for the implementation of rights,

and assessing goals and future needs

Promote a ‘constructive dialogue’ between the

State party and the international community

Procedure

Periodic Report submitted by State Party

‘List of Issues’ prepared by the Committee

State Party responds to List of Issues

Consideration by Committee

‘Concluding Comments’ issued

Streamlining of the reporting procedure…

State Party’s Obligations

Periodic reports – every 2-5 years

Common Core Document

UN ‘Harmonised Guidelines’

Consultation with NGOs

Respond to List of Issues

Examination by the Committee

[Implementation of recommendations…]

Participation of NGOs

Input into Australian Government’s Report

‘Shadow’ Reporting

“fills the gaps” in the dialogue between the Committees

and the State party

No formal process

Follow up / Implementation

Provides opportunity to bring IHR into domestic work

Case Studies

Committee Against Torture Periodic Report submitted – June 2005

List of Issues – July 2007

Written submissions from NGOs – HRLRC, Amnesty,

NSWCCL

Consideration by Committee – May 2008 Oral submissions by NGOs (1 hour)

“Conversation” between Government and Committee

(2 x 2-hour sessions)

Concluding Observations

Case Studies (cont)

ICESCR and ICCPR Core Common Document submitted – July 2007

ICESCR: NGO Submission – April 2008 List of Issues – May 2008 Consideration by CESCR in

March 2009

ICCPR: NGO Submission – August 2008 Development of List of Issues at

Pre-Sessional WG in Oct 2008 Consideration by HRC in May

2009

Follow up and Implementation

Circulation of Concluding Observations Use in advocacy

Not just human rights NGOs, lawyers

Lobby governments to ensure implementation of

recommendations

Assess level of implementation by government Communicate with Committee

Include assessment in next Shadow Report

Advantages and Disadvantages

Committee’s recommendations are ‘optional’ and

‘unenforceable’

Attitude of the Australian Government?

Limited constitutional and legal framework in

Australia

Can influence executive decision-making and

policy development aimed more at systemic

issues rather than individual cases

Further Information

OHCHR (www.ohchr.org) Handbook for NGOs Committee pages:

http://www.ohchr.org/EN/HRBodies/Pages/HumanRightsBodies.aspx

HRLRC (www.hrlrc.org.au) Human Rights Law Resource Manual – Ch 6 CAT – NGO Report, fact sheets, Concluding

Observations ICESCR – FREDA Report, List of Issues