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UN Treaty Bodies: Monitoring and Reporting

UN Treaty Bodies: Monitoring and Reporting. Ben Schokman Lawyer Human Rights Law Resource Centre Ltd humanrights@vicbar.com.au www.hrlrc.org.au (03) 9225 6653. Overview. Purpose of Reporting Procedure State Party’s obligations Participation of NGOs Case Studies

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UN Treaty Bodies: Monitoring and Reporting

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  1. UN Treaty Bodies:Monitoring and Reporting Ben Schokman Lawyer Human Rights Law Resource Centre Ltd humanrights@vicbar.com.au www.hrlrc.org.au (03) 9225 6653

  2. Overview • Purpose of Reporting • Procedure • State Party’s obligations • Participation of NGOs • Case Studies • Follow up / Implementation

  3. 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

  4. 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…

  5. 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…]

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

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