The International Human Rights Treaty System

The 9 core human rights treaties (and its optional protocols) The 10 treaty monitoring bodies The reporting procedure

The International Bill of Human Rights Universal Declaration of Human Rights (UDHR) - 1948 Covenant on Economic, Social and Cultural Rights (ICESCR) - 1966 Optional Protocol (individual complaints) – 2008 (not yet in force) Covenant on Civil and Political Rights (ICCPR) - 1966 1st Optional Protocol (individual complaints) -1966 2nd Optional Protocol (abolition of the death penalty)-1989

Treaties addressing specific phenomena The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 1965 The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), 1984 Optional Protocol to CAT (inspections of places of deprivation of liberty) (OPCAT)- 2002 The Convention on Enforced Disappearances, 2006

Treaties protecting specific groups The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979 Optional Protocol (communications) The Convention on the Rights of the Child (CRC), 1989 OP on the sale of children, child prostitution and child pornography OP on the involvement of children in armed conflict Optional Protocol (on communications in the making) The International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families , 1990 The Convention on the Rights of Persons with Disabilities, 2006

Common features of the Treaties Agreements concluded among States, adopted by the UN General Assembly Establish normative framework for human rights and legal obligations of States under international law Establish monitoring mechanisms and procedures Require States parties to report periodically to the treaty bodies (generally every 2 to 5 years) Allow possibility for individuals to submit complaints (ICCPR/OP, ICESCR/OP, ICERD, CAT, CEDAW/OP, CRPD/OP, ICRMW) Some have inquiry procedures (CAT, CEDAW/OP, CRPD/OP, CED) Establish procedures for States parties to submit complaints against other States parties (ICCPR, CERD, CAT, CMW, CED)

Incorporation of treaties into domestic law Treaty is considered superior to domestic law (MONISM) (non self-executing treaties still require incorporation) Treaty has no domestic legal effect unless it is formally incorporated into domestic law by the appropriate legislative process (DUALISM) (self-executing treaties can be implemented even if not specifically incorporated into domestic order)

Status of ratification of the nine core human rights treaties 3 May 2011 8 8

The Treaty Bodies “Bringing Human Rights Home” Screening of the DVD on the treaty body system

The Treaty Bodies (Committees)

Treaty Bodies - The Committees Established under the respective treaties Most consist of 18 experts, (CAT has 10 and SPT has 25 experts) Independent experts serving in their personal capacity Serve 4-year terms (renewable (only once in the case of CRPD and CED) Equitable geographic distribution Meet in sessions 2 or 3 times per year in Geneva (HRC, and CEDAW also in New York) Serviced by the UN Secretariat (OHCHR)

Main functions Monitors the implementation of the treaties - Examination of periodic reports by States parties (all, except for SPT) - Examination of individual complaints/communications (HRC, CERD, CAT, CEDAW, CRPD, CED, CESCR and CMW ) - Inquiries into specific human rights situations (CAT, CEDAW, CRPD, CED) Normative interpretation and clarification of treaties - General comments (and statements) Cooperate with UN organs/organizations and NGOs SPT (conducts on-site visits to places of deprivation of liberty in State parties)

The UN HR treaty system

The Reporting Cycle States must report periodically to the treaty bodies, according to the reporting guidelines The treaty body conducts a preliminary review in pre-sessional working group, usually ask supplementary questions (List of Issues) State party submits its answers, usually in writing A Government delegation and the treaty body engage in a face-to-face « constructive dialogue » over 1 or 2 days, as TB members seek to understand the actual level of enjoyment of the rights TB issues concluding observations Info on follow-up to the concluding observations usually expected in the next report to be submitted, (for some TBs also within one or two years from the adoption of the COs –(see follow-up procedures)).

Reporting Cycle Submission of the report List of issues and questions State replies to list of issues and questions Constructive dialogue Adoption of Concluding Observations Follow up on implementa-tion 15 15

Periodicity of the reporting procedures Treaty Initial report within Periodic reports every ICERD 1 year 2 years ICESCR 5 years ICCPR 4 years CEDAW CAT CRC ICRMW CRC-OPSC 5 years or with next CRC report CRC-OPAC CRPD CED Additional information as requested by CED (art. 29(4)) [1] With a two year periodicity specified in the treaty, ICERD allows for merging two reports in one (i.e. de facto periodicity of four years). 2 Article 17 of the Covenant does not establish a reporting periodicity, but gives ECOSOC discretion to establish its own reporting programme. [2] Article 17 of the Covenant does not establish a reporting periodicity, but gives ECOSOC discretion to establish its own reporting programme. [3] Article 41 of the Covenant gives the Human Rights Committee discretion to decide when periodic reports shall be submitted. In general, these are required every four years.

Review of non-reporting States Practice of Human Rights Committee, CERD and CESCR States parties with long overdue reports are selected for review, without a report from the State party, based on information from other sources (United Nations, other international or regional organizations, NGOs)

List of Issues Prior to Reporting Optional reporting procedure Consists in the adoption of lists of issues to assist States parties to prepare their periodic reports The State party's response to this list of issues constitutes the State party's periodic report Practice of CAT, HRC, CMW One of the tools to assist non-reporting states to fullfil their reporting obligations

Follow-up procedures Formal procedures to monitor more closely the implementation of specific concluding observations in between two reporting cycles Consists in requesting States to provide a written report within one or two years from the adoption of the Cos Practice of HRC, CAT, CEDAW, CERD

The obligation to report Reporting creates an occasion for: Regular monitoring of the situation of each right and all disadvantaged groups Establishing a basis for comparison of future progress Engaging int’l experts in an objective review of strengths and weaknesses Facilitating info exchange among States, int’l cooperation

THUS, the reporting process can: Enable Governments to know their own national situations through: Legislative review Meaningful data collection Raise awareness among, enlist assistance from civil society Create an opportunity for national dialogue Enable countries to benefit from the experience of international experts

Participation of Civil Society Participation of civil society and NGOs is crucial to the Committees’ work The Committees welcome and encourage NGOs to contribute to its activities

Forms of NGO participation in the Committees’ work Encourage governments to make a comprehensive and accurate report Encourage participation of all concerned in particular the disadvantaged and marginalized groups Publish fact that report on human rights is being prepared

Forms of NGO participation in the Committee’s work (cont’d) Information can be submitted in written form (« parallel report ») or orally to the Secretariat of the Committees Written information can be provided at all times prior to the examination of the report Oral presentations: at « lunchtime briefings » held during Committee session Continued contact with Committee members during the session and inter-sessionally

NGO monitoring at the international level Prepare an alternative report – coordinated consolidated report Focus attention on urgent issues Provision of concise and up-to-date country information to complement the State report Attendance at Committee sessions Interaction with Committee members in-session

NGO monitoring activities at the national level Awareness – raising, at national level, of the Covenant and of Committee activities (though use of the media and human rights education) follow – up to concluding observations of the Committee at the national level Interaction and cooperation with the Government or with national institutions for the promotion and protection of human rights

The complaints procedures (1) OPTIONAL - HRC, CERD, CAT, CEDAW, , CRPD, CED, CESCR and CMW DEMONSTRATES REAL COMMITMENT of Govts to protect human rights ADMISSIBILITY CRITERIA Cannot be anonymous Cannot be under examination by another int’l body Cannot be abusive Must relate to specific occurrences, alleging violation of specific rights Domestic remedies must be exhausted

The complaints procedures (2) THE PROCEDURE Individual submits a written complaint to relevant treaty body State party is requested to comment on the complaint - petitioner and concerned State party has opportunity to reply to every relevant fact that emerges Committee issues its “views” on the complaint Committee follows up with concerned State party about implementation of its views

TBs and the UPR Commonalities: UPR process is complementary to TBs’ work and vice versa Potentially efficient follow-up procedure on recommendations of both organs Differences: TBs – Independent bodies of experts, bind only States parties UPR – Universal Charter-based, States driven diplomatic mechanism

CHART OF UPR RECOMMENDATIONS ON REPORTING TO THE TREATY BODIES Enjoy the support No clear position To be tailored to the State party idem   30

TBs and Special Procedures Commonalities: Special Procedures are complimentary to TBs’ work and vice versa Potentially efficient follow-up procedure on recommendations of both organs Independent mechanisms Differences: TBs bind only States parties, SPs –Universal Charter-based mechanisms SPs – effective rapid reaction and early warning mechanisms, SPs - no strong periodicity of review mechanism, but depends on good will cooperation of UN member States

SUMMING UP : The responsibilities of States parties Implementation - establish national systems for the protection of human rights (laws, rules, procedures, national institutions etc) and for providing remedy to victims Continuous self-monitoring of the nat’l HR situation, measure progress over time Reporting to treaty bodies periodically Monitoring compliance by other States parties

SUMMING UP: The rights of States parties Determining the composition of treaty bodies - nominate and elect members Engaging in int’l dialogue - express and exchange views with treaty bodies and others

Further information Website www.ohchr.org: Treaty Bodies’ Concluding Observations, GCs, Statements Treaty Bodies’ sessions, press releases Chairpersons’ meetings and Inter-Committee meetings HRTD Newsletter (quarterly) Status of ratifications, reservations and declarations Website www.universalhumanrightsindex.org: Access and search Treaty Body, Special Procedure and (soon) UPR recommendations through several categories Fact sheet No. 30 on ‘United Nations Human Rights Treaty System’ (being revised) OHCHR Civil Society Handbook (Chapter IV)