Part 2 — The contribution of NGOs
to CERD’s work
W
ithin the Economic and Social Council
(ECOSOC) and its subsidiary organs such as
the Commission on Human Rights, NGOs
can obtain consultative status which means that they can
become an integral part of the working procedure of
those bodies.33 However, most of the UN treaty bodies,
CERD included, are not UN organs in the formal sense.
Despite having strong links with the UN, which provides
them with Secretariat services, they have been created by
the treaties themselves and the rules on consultative status do not apply to them. Consequently, no formal relationship exists between CERD and NGOs.
While this relationship is informal, the importance of
NGOs contributions has been acknowledged by CERD.
Increasingly, members of CERD make public use of
information they have received or gathered from nongovernmental sources in their consideration of the states
reports. Although the flow of information that reaches
members is not systematically collected, channeled or
analysed, the Anti-Racism Information Service (ARIS)34
— an NGO based in Geneva — has undertaken the task of
connecting human rights groups with members of CERD
and of assisting the latter in their search for relevant
information. What members of CERD need is a more
complete picture of the situation than is provided in the
official report of a state party. In other words, NGOs
should look into questions such as: are there any gaps in
the official report; are there misrepresentations; are the
assumptions, the analyses and the emphases correct?
Besides providing the Committee with information,
NGOs, especially those active at a national level, can also
disseminate information on ICERD or its reporting
process among their members and the general public in a
country. NGOs can take up issues that are of particular
importance to them and appraise specific comments made
by the Committee members on matters regarding a state s
compliance (or non-compliance) with ICERD. Where a
government may be slow in implementing recommended
changes in its law, policy and practice, NGOs can be of
service to the public in influencing such changes.
1. Reporting procedure
W
hen an NGO provides information to CERD, it is
important, in the interest of the Committee and the
NGO, that the information is submitted in the most effective manner. As practice has shown, a simple submission
of random cases or articles to the Committee does not
normally have a great impact. It may also happen that the
abundance of information can be a problem. A welldeveloped strategy is necessary.
The best option is to produce a supplementary report —
also called shadow , counter or alternative report.
There are two ways of approaching such a report; the
first is to draw up a comprehensive report that considers
each point of the state report and offers supplementary or
contradicting information. This requires a lot of time and
resources, but it seems to be the most effective way to
provide information and has a high probability of getting
the Committee s attention. The second approach, for
those NGOs which are not capable of bringing together
the necessary resources, and/or whose activities are limited in certain fields or areas, would be to target specific
issues of concern — such as those affecting particular
groups, or specific fields such as education, employment
or working conditions.
Concerning the production of a report, we have collected some useful advice by consulting CERD members
and by soliciting the experience of other NGOs.
A. Steps to be taken prior to CERD’s
consideration of the state report
When is a state report due? —As explained earlier in
this manual, an initial report is due one year after the
Convention s entry into force for the state party concerned, and periodic reports are due every two years
afterwards. Information as to when a state report is or
was due may be obtained from the government concerned. Alternatively, NGOs can contact the CERD Secretariat, or consult the Treaty Body Database on the website of the Office of the High Commissioner for Human
Rights (www.unhchr.ch).
Has the report been already sent? — Contact the government authority that is in charge of preparing an official report to CERD (very often the Ministry of Foreign
Affairs) to find out whether the state report has already
been sent or when the government plans to submit it to
the Committee. If the report is still being prepared,
ICERD: A GUIDE FOR NON-GOVERNMENTAL ORGANIZATIONS
11