The International The International Human Rights Treaty SystemHuman Rights Treaty System

The 9 core human rights treaties The 9 core human rights treaties (and its optional protocols)(and its optional protocols)

The 10 treaty monitoring bodiesThe 10 treaty monitoring bodiesThe reporting procedure The reporting procedure

TheThe InternationalInternational Bill of Human Bill of Human RightsRights

UniversalUniversal DeclarationDeclaration of Human Rights (UDHR) - 1948 of Human Rights (UDHR) - 1948 Covenant on Economic, Social and Cultural RightsCovenant on Economic, Social and Cultural Rights

(ICESCR) - 1966(ICESCR) - 1966• Optional Protocol (individual complaints) – 2008 (not yet in Optional Protocol (individual complaints) – 2008 (not yet in

force)force)

Covenant on Civil and Political RightsCovenant on Civil and Political Rights (ICCPR) - 1966 (ICCPR) - 1966• 11stst Optional Protocol (individual complaints) -1966 Optional Protocol (individual complaints) -1966

• 22ndnd Optional Protocol (abolition of the death penalty)-1989 Optional Protocol (abolition of the death penalty)-1989

Treaties addressing specific Treaties addressing specific phenomenaphenomena

The International Convention on the Elimination of All The International Convention on the Elimination of All Forms of Forms of Racial DiscriminationRacial Discrimination (ICERD), 1965 (ICERD), 1965

The Convention against The Convention against TortureTorture and Other Cruel, and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), Inhuman or Degrading Treatment or Punishment (CAT), 19841984

Optional Protocol to CAT (inspections of places of deprivation of liberty) Optional Protocol to CAT (inspections of places of deprivation of liberty) (OPCAT)- 2002(OPCAT)- 2002

The Convention on The Convention on Enforced DisappearancesEnforced Disappearances, 2006, 2006

Treaties protecting specific groupsTreaties protecting specific groups

The Convention on the Elimination of All Forms of The Convention on the Elimination of All Forms of DiscriminationDiscrimination against against WomenWomen ( (CEDAWCEDAW), 1979), 1979

• Optional Protocol (communications)Optional Protocol (communications)

The Convention on the Rights of the The Convention on the Rights of the ChildChild ( (CRCCRC), 1989), 1989• OP on the sale of children, child prostitution and child pornographyOP on the sale of children, child prostitution and child pornography• OP on the involvement of children in armed conflictOP on the involvement of children in armed conflict• Optional Protocol (on communications in the making)Optional Protocol (on communications in the making)

The International Convention for the Protection of the Rights The International Convention for the Protection of the Rights of All of All Migrant WorkersMigrant Workers and Members of Their Families , and Members of Their Families , 19901990

The Convention on the Rights of The Convention on the Rights of Persons with Persons with DisabilitiesDisabilities, 2006, 2006

• Optional Protocol (communications)Optional Protocol (communications)

Common features of the TreatiesCommon 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 lawIncorporation of treaties into domestic law

Treaty is considered superior to domestic law Treaty is considered superior to domestic law (MONISM) ((MONISM) (non self-executing treaties still non self-executing treaties still require incorporationrequire incorporation))

Treaty has no domestic legal effect unless it is Treaty has no domestic legal effect unless it is formally incorporated into domestic law by the formally incorporated into domestic law by the appropriate legislative process (DUALISM)appropriate legislative process (DUALISM)

(self-executing treaties can be implemented (self-executing treaties can be implemented even if not specifically incorporated into even if not specifically incorporated into domestic order)domestic order)

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Status of ratification of the nine core Status of ratification of the nine core human rights treatieshuman rights treaties

3 May 2011

The Treaty BodiesThe Treaty Bodies

““Bringing Human Rights Bringing Human Rights Home”Home”

Screening of the DVD on the treaty body systemScreening of the DVD on the treaty body system

The Treaty BodiesThe Treaty Bodies(Committees) (Committees)

Treaty Bodies - The CommitteesTreaty Bodies - The Committees

Established under the respective treatiesEstablished under the respective treaties Most consist of 18 experts, (CAT has 10 and SPT Most consist of 18 experts, (CAT has 10 and SPT

has 25 experts) has 25 experts) Independent experts serving in their Independent experts serving in their

personal capacitypersonal capacity Serve 4-year terms (renewable (only once in the Serve 4-year terms (renewable (only once in the

case of CRPD and CED) case of CRPD and CED) Equitable geographic distributionEquitable geographic distribution Meet in sessions 2 or 3 times per year in Geneva Meet in sessions 2 or 3 times per year in Geneva

(HRC, and CEDAW also in New York)(HRC, and CEDAW also in New York) Serviced by the UN Secretariat (OHCHR)Serviced by the UN Secretariat (OHCHR)

Main functionsMain functions Monitors the implementation of the treatiesMonitors the implementation of the treaties

- Examination of periodic reports by States parties (all, except for - Examination of periodic reports by States parties (all, except for SPT)SPT)

- Examination of individual complaints/communications (- Examination of individual complaints/communications (HRC, HRC, CERD, CAT, CEDAW, CRPD, CED, CESCR and CMWCERD, CAT, CEDAW, CRPD, CED, CESCR and CMW )

- Inquiries into specific human rights situations- Inquiries into specific human rights situations

(CAT, CEDAW, CRPD, CED)(CAT, CEDAW, CRPD, CED) Normative interpretation and clarificationNormative interpretation and clarification of treaties of treaties

- General comments (and statements)- General comments (and statements) Cooperate with Cooperate with UN organs/organizationsUN organs/organizations and and NGOsNGOs SPT (SPT (conducts on-site visits to places of deprivation of liberty in conducts on-site visits to places of deprivation of liberty in

State partiesState parties))

The UN HR treaty systemThe 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)).

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Reporting Cycle

Treaty Initial report within Periodic reports every

ICERD 1 year 2 years

ICESCR 2 years 5 years

ICCPR 1 year 4 years

CEDAW 1 year 4 years

CAT 1 year 4 years

CRC 2 years 5 years

ICRMW 1 year 5 years

CRC-OPSC 2 years 5 years or with next CRC report

CRC-OPAC 2 years 5 years or with next CRC report

CRPD 2 years 4 years

CED 2 years 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.

[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.

Periodicity of the reporting proceduresPeriodicity of the reporting procedures

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 CHART OF UPR RECOMMENDATIONS ON REPORTING TO THE TREATY BODIESREPORTING TO THE TREATY BODIES

Enjoy the support No clear position

To be tailored to the State party idem

 

 

 

 

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)