1 / 11

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

gail-wiley
Télécharger la présentation

UN Treaty Bodies: Monitoring and Reporting

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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

More Related