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Civil Society and UN Human Rights Mechanisms

Civil Society and UN Human Rights Mechanisms. OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina. Treaty Bodies and Civil Society. Parallel reporting (or shadow report) After the submission of the State report and before its consideration

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Civil Society and UN Human Rights Mechanisms

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  1. Civil Societyand UN Human Rights Mechanisms OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina

  2. Treaty Bodies and Civil Society • Parallel reporting (or shadow report) • After the submission of the State report and before its consideration • Public with possibility of keeping it confidential • Not a UN official document • Due consideration should be given to the reporting guidelines OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina

  3. Treaty Bodies and Civil Society (cont’d) • TreatyBody Sessions • Participation in pre-sessionalWorking Groups (CESCR; CEDAW; CRC) • Oral submissionsduring the session (HRC; CESCR; CAT; CEDAW; CMW) – public for CESCR and CEDAW • Informal briefing throughsideevents • Follow-up to Treaty Body recommendations • Broad dissemination • Cooperate with the State entities, NHRI, and other stakeholders in the implementation • Monitor the implementation by the State • Report to UN HR mechanisms OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina

  4. Treaty Bodies and Civil Society (cont’d) • Individual complaints • Possible with all Treaty Bodies but SPT, CESCR and CRC (until CESCR-OP and CRC-OPIC enter into force); • A series of limitations, including: • After all available and effective domestic remedies have been exhausted; • The complaint does not relate to a widespread pattern of human rights violations; • 2 to 3 years for a final decision. • Confidential inquiries • Possible under CAT, CEDAW, CRPD and CED (such an inquiry was initiatied by HLC-Belgrade in 1997) OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina

  5. Special Procedures and Civil Society • WhatcanNGOs do? • Submit individual cases to special procedures (communications) • Provide information and analysis on specific human rights concerns • Provide support for special procedures’ country visits • Work locally or nationally to advocate, disseminate, follow-up on the work of special procedures and their recommendations • Invite mandate-holders to participate in their own initiatives • Nominate candidates for consideration as special procedures mandate-holders OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina

  6. Special Procedures and Civil Society (cont’d) • Communications • Strengths • may be used for individual cases as well as for a more general pattern of violations • they allow for urgent or preventive action (known as urgent appeals) • Wherever the cases occur, even in States, which have not ratified any of the human rights treaties • No need for exhausting all domestic remedies • NGOs can act on behalf of victims (with their consent) OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina

  7. Special Procedures and Civil Society (cont’d) • Communications • Limitations • Need for a special procedure in place covering the specific human rights issue at stake • Special procedures are not legally binding mechanisms • Procedures vary depending on the mandate OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina

  8. Special Procedures and Civil Society (cont’d) • Communications: content • Identification of the NGO • Description of the circumstances of the incident(s) or problem • Date and place of the incident(s) or problem • If it involves individual victims, provide information on the victims a linkage with the human rights violations reported • Specify that you have the consent of the victim(s) OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina

  9. Special Procedures and Civil Society (cont’d) • Communications: content • Having the consent of the victim(s) means: • The victim(s) are aware and agree that you send a case to special procedures on their behalf • The victim(s) are to be informed that if special procedures mandate-holders will take up the case, a letter concerning what happened will be sent to the authorities • The victim(s) are to be aware that, if the case is taken up, a summary of what happened will appear in a public report of the Special Rapporteur(s) • The victim(s) can specify if they prefer that their full name or just the initials appear in the public report. OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina

  10. Special Procedures and Civil Society (cont’d) • Communications: content • If it involves a group of people provide details to identify them and link them to the human rights violation reported (e.g. group of people belonging to a minority being refused access to education) • Identification of the alleged perpetrators of the violation (when applicable) • If applicable, you can include additional information: • whether the incident(s) or problem has been reported to the relevant national authorities • if so, indicate whether the authorities have taken any action • Use the questionnaires available on the Internet to facilitate submission of information OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina

  11. Special Procedures and Civil Society (cont’d) • Communications: content • The information has to be: • Clear • Consistent • Credible • Brief but with supporting documents to be submitted upon request if need be (i.e. standard submissions are normally of 1 or 2 pages) • Submitted in English, French or Spanish • And keep sending follow up information on positive or negative developments on the case you reported OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina

  12. UPR and Civil Society • Before the review • National Consultations • Submission of reports • Lobbying/advocacy • During the Working Group • Observation and lobbying • Organisation of side events • Between the Working Group and the Plenary Session • Work on the recommendations (influence the State in responding to recommendations) • Dissemination of the report and other lobbying and sensitisation activities OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina

  13. UPR and Civil Society (cont’d) • During the Plenary Session • Possibility of delivering a statement under certain conditions • After the Plenary Session • Activities for the implementation of the recommendations OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina

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