Civil Society and UN Human Rights Mechanisms OHCHR-OSCE Workshop on NGO reporting and monitoring – July Pristina

Parallel reporting (or shadow report)  After the submission of the State report and before its consideration  Public with possibility of keeping it confidential  Not a UN official document  Due consideration should be given to the reporting guidelines OHCHR-OSCE Workshop on NGO reporting and monitoring – July Pristina Treaty Bodies and Civil Society

Treaty Body Sessions  Participation in pre-sessional Working Groups (CESCR; CEDAW; CRC)  Oral submissions during the session (HRC; CESCR; CAT; CEDAW; CMW) – public for CESCR and CEDAW  Informal briefing through side events Follow-up to Treaty Body recommendations  Broad dissemination  Cooperate with the State entities, NHRI, and other stakeholders in the implementation  Monitor the implementation by the State  Report to UN HR mechanisms OHCHR-OSCE Workshop on NGO reporting and monitoring – July Pristina Treaty Bodies and Civil Society (cont’d)

Individual complaints  Possible with all Treaty Bodies but SPT, CESCR and CRC (until CESCR-OP and CRC-OPIC enter into force);  A series of limitations, including: After all available and effective domestic remedies have been exhausted; The complaint does not relate to a widespread pattern of human rights violations; 2 to 3 years for a final decision. Confidential inquiries  Possible under CAT, CEDAW, CRPD and CED (such an inquiry was initiatied by HLC-Belgrade in 1997) OHCHR-OSCE Workshop on NGO reporting and monitoring – July Pristina Treaty Bodies and Civil Society (cont’d)

What can NGOs do?  Submit individual cases to special procedures (communications)  Provide information and analysis on specific human rights concerns  Provide support for special procedures’ country visits  Work locally or nationally to advocate, disseminate, follow-up on the work of special procedures and their recommendations  Invite mandate-holders to participate in their own initiatives  Nominate candidates for consideration as special procedures mandate-holders OHCHR-OSCE Workshop on NGO reporting and monitoring – July Pristina Special Procedures and Civil Society

Communications Strengths  may be used for individual cases as well as for a more general pattern of violations  they allow for urgent or preventive action (known as urgent appeals)  Wherever the cases occur, even in States, which have not ratified any of the human rights treaties  No need for exhausting all domestic remedies  NGOs can act on behalf of victims (with their consent) OHCHR-OSCE Workshop on NGO reporting and monitoring – July Pristina Special Procedures and Civil Society (cont’d)

Communications Limitations  Need for a special procedure in place covering the specific human rights issue at stake  Special procedures are not legally binding mechanisms  Procedures vary depending on the mandate OHCHR-OSCE Workshop on NGO reporting and monitoring – July Pristina Special Procedures and Civil Society (cont’d)

Communications: content  Identification of the NGO  Description of the circumstances of the incident(s) or problem  Date and place of the incident(s) or problem  If it involves individual victims, provide information on the victims a linkage with the human rights violations reported  Specify that you have the consent of the victim(s) OHCHR-OSCE Workshop on NGO reporting and monitoring – July Pristina Special Procedures and Civil Society (cont’d)

Communications: content  Having the consent of the victim(s) means: The victim(s) are aware and agree that you send a case to special procedures on their behalf The victim(s) are to be informed that if special procedures mandate-holders will take up the case, a letter concerning what happened will be sent to the authorities The victim(s) are to be aware that, if the case is taken up, a summary of what happened will appear in a public report of the Special Rapporteur(s) The victim(s) can specify if they prefer that their full name or just the initials appear in the public report. OHCHR-OSCE Workshop on NGO reporting and monitoring – July Pristina Special Procedures and Civil Society (cont’d)

Communications: content  If it involves a group of people provide details to identify them and link them to the human rights violation reported (e.g. group of people belonging to a minority being refused access to education)  Identification of the alleged perpetrators of the violation (when applicable)  If applicable, you can include additional information:  whether the incident(s) or problem has been reported to the relevant national authorities  if so, indicate whether the authorities have taken any action  Use the questionnaires available on the Internet to facilitate submission of informationquestionnaires OHCHR-OSCE Workshop on NGO reporting and monitoring – July Pristina Special Procedures and Civil Society (cont’d)

Communications: content The information has to be: Clear Consistent Credible Brief but with supporting documents to be submitted upon request if need be (i.e. standard submissions are normally of 1 or 2 pages) Submitted in English, French or Spanish And keep sending follow up information on positive or negative developments on the case you reported OHCHR-OSCE Workshop on NGO reporting and monitoring – July Pristina Special Procedures and Civil Society (cont’d)

Before the review  National Consultations  Submission of reports  Lobbying/advocacy During the Working Group  Observation and lobbying  Organisation of side events Between the Working Group and the Plenary Session  Work on the recommendations (influence the State in responding to recommendations)  Dissemination of the report and other lobbying and sensitisation activities UPR and Civil Society OHCHR-OSCE Workshop on NGO reporting and monitoring – July Pristina

During the Plenary Session  Possibility of delivering a statement under certain conditions After the Plenary Session  Activities for the implementation of the recommendations OHCHR-OSCE Workshop on NGO reporting and monitoring – July Pristina UPR and Civil Society (cont’d)