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 • 1 st Optional Protocol (individual complaints) -1966 • 2 nd 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

• ( Optional Protocol (communications)

CEDAW

), 1979 The Convention on the Rights of the

Child

• • • (

CRC

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) ), 1989 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 • Optional Protocol (communications)

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

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

reporting guidelines

to the treaty bodies, according 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 « the rights

constructive dialogue

» over 1 or 2 days, as TB members seek to understand the actual level of enjoyment of 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 Follow up on implementa-tion List of issues and questions Adoption of Concluding Observations Constructive dialogue State replies to list of issues and questions 15

Periodicity of the reporting procedures Treaty ICERD ICESCR ICCPR CEDAW CAT CRC ICRMW CRC-OPSC CRC-OPAC Initial report within

1 year 2 years 1 year 1 year 1 year 2 years 1 year 2 years 2 years

Periodic reports every 2 years 5 years 4 years 4 years 4 years 5 years 5 years 5 years or with next CRC report 5 years or with next CRC report CRPD CED

2 years

2 years 4 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.

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

States, int’l cooperation among

THUS, the reporting process can:

 Enable Governments to

know their own national situations

through: • • Legislative review Meaningful data collection 

Raise awareness society

among,

enlist assistance

from

civil

  Create an opportunity for Enable countries to

international experts national dialogue benefit from the experience of

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

to protect human rights of Govts  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 To be tailored to the State party No clear position

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)