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This comprehensive report discusses the shortcomings in the current treaty body system at both the international and national level. It proposes a new reporting process that would address these issues and improve efficiency. The report also highlights the resourcing needs of treaty bodies and suggests ways to offset costs.
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A COMPREHENSIVE REPORTING CALENDAR CONSULTATION FOR STATES ON TREATY BODY STRENGTHENINGNEW YORK, 2 AND 3 APRIL 2012
ADDRESSING the shortcomings • At the international level: • Unbalanced State Party reviews • barely 33% timelycompliancewithreporting obligations • 307 of the cumulative 1517 initial reports due under the treaties (20%) have never been submitted thosethat report faithfullywillsee more recommendationsdirectedatthem • Large backlogs of reports ← delayedexamination • Wastedresources ← to translate and digest outdated reports and updating information • Documentation problems – translations not the rule but a happy accident (replies to LOI’s are NOT processed for nearly all TB’s)
ADDRESSING the shortcomings • At the national level: • Wastedresources ← long delays in examination, need to significantly update submissions • Lossof institutionalmemory← inavailability of the drafters by the time of the dialogue, continuousneed for repeatedcapacity building, loss of momentum on implementation obligations • Schedulingproblems – keeping up with convocations, postponements, etc, dialogues oftenfallingat the same time, difficulties for States parties and NI’s/NGO’s/others
WHY DO THEY SAY THAT THE SYSTEM IS UNDER-RESOURCED? • Total reports reviewedannually: 320 reports shouldbeunderthe current system but actuallyonly120 reports reviewedper year • Total meeting time : 160 weeksare neededto make the current system functionalbut only68 weekscurrentlyapproved • Staffing : shortage of 11 posts for the treaty bodies identified in 2010 to meetthencurrentworkdemands; sincethenonly 6 obtained for new mandates and 2 new estimatedneededposts for communications shortagetoday of 13 posts
ADDRESSING the ANOMALIES OF TREATY BODY RESOURCING • 4 weeks for CED to examine 30 States partieswith an active communications procedure (but no communications to date) • 3 weeksfor CMW to examine 45 SPswithno active communications procedure • 3 weeks of meeting time per yearalloted to CRPD to examine 111 SPs,with an active communications procedure • CRC has 12 weeks per year to examine the reports of 193 SPs to the main Convention plus 88 reportson the OptionalProtocolsto CRC, the same as before the OPs • CEDAW has 13 weeks per year to examine the reports of 187 SPs and about 10 communications • HRC has 12 weeks per year to examine the reports of 167 SPs and about 80 communications Continuousrequests to GA for additionalresourcesfromindividualCommittees
THE PROPOSAL: TREATY REPORTING AS IT WAS MEANT TO BE • A 5-year cycle of reportingunder the 10 treaties (CRC-OPAC & OPSC reports treatedtogether as 1 report), • Publishedwell in advance • Each SP to submit up to 2 reports per year • Each SP to engage in up to 2 dialogues per year on previouslysubmitted reports • Based on universaladherence • Preservingtimeliness - aftersubmission, 6 months for NIs/NGOs/others to submit info + 6 months more for Cte to prepare => 12 months for translations
[1] Not including the States parties that already submitted their reports due under the Optional Protocols..
Implications for States parties • Rationalisation of work pace of the involvedministries, momentumkept on the national drafting/consultation process • Encouragement of continuity and attention to treatyimplementationcreation of a naturalrecipient of technicalcooperation, building of institutionalcompetence and memory • Predictability – up to 2 reports due per year + up to 2 dialogues undertaken per year on previouslysubmitted reports • Total 12 months for preparations, including translations • Betteradvanced planning - no changes caused by (non) compliance of otherSPs
Implications for THE SYSTEM • 100% compliance – predictability for all concerned • No need for continuous ad hoc requests for additionalresourcesfromCommittees • Total 12 months for preparations, including translations • Betteradvanced planning - no changes caused by (non) compliance of otherSPs
THE NEEDED RESOURCES • Total reports to bereviewed : 263 reports per year, compared to 320 reports under the current system and 120 reports actuallyreviewed per year • Total meeting time needed: 124 weeks per year, compared to 160 weeksneeded to make the current system functional and 68 weekscurrentlyapproved
NOT TIED to … • Other TBS proposals(on the content/format of dialogue, concluding observations, LOIPR, Common Core Documents, etc) – they are compatible but independentfromthisproposal • The workloadstemmingfrominquiries – which are not subject to periodicity and are too few to distill trends atthis stage • The requirements of SPT, which must bereviewed in theirown right
COSTS CAN BE OFFSET BY… • STATES adheringto page limitations of their reports • STATES streamliningthrough LOIPR, Common Core Documents, etc • STATES electingmembersthatcanwork in the samelanguage, sothattheymight sacrifice someworkinglanguages for interpretation and translations • STATES approving alternatives to summary records, esp webcasting • TREATY BODIES working in double chambersto minimise the neededfunding for travel and DSA for members • ALL reducing the need for follow-up work by having the reportingprocessacross the system serve as itsownfollow up