of NGO information is now much more accepted; however, some committees and committee members are more
open to NGO information than others.
In examining state reports, the treaty bodies undertake
an important role in terms of advising states on how to
improve compliance with the international standards to
which they have subscribed. The treaty bodies are not tribunals, and the Concluding Observations are not legally
binding and cannot be enforced. The Conventions, however, are binding and states often accept committee advice
as they stand to gain credibility with the international
community by engaging in dialogue with the committees,
by showing good faith and by acknowledging problem
areas where they have not fully succeeded in fulfilling
their obligations.
NGOs have a role at all stages of the reporting process.
You can find the reporting history of states on the
OHCHR website: http://www.unhchr.ch/tbs/doc.nsf/
RepStatfrset?OpenFrameSet. You can also contact the
treaty body secretariats for information. Governments are
often late in submitting reports and NGOs may pressure
them to submit overdue reports. Sometimes NGOs are
consulted during the drafting of the state report. If the
government is not interested in consulting NGOs or it
has not included issues of concern to your NGO in the
state report, NGOs can submit written information
directly to the committee in the form of a ‘shadow report’
(also referred to as a ‘parallel report’ or ‘alternative
report’). NGOs can submit this information to treaty
bodies whether or not they have ECOSOC status. Once
the state has submitted a report the committee will decide
at which session it will be considered. The time between
the submission and the consideration of reports depends
on whether or not the committee has a backlog. State
reports are available on the OHCHR website once they
have been edited and translated into the UN languages.
You could also contact the government office responsible
for preparing the report (often the Ministry of Foreign
Affairs) to request a copy.
The CERD, CESCR and HRC have started to examine the situation in states whose reports are seriously overdue. In these cases, where there is no state report to guide
the committee, NGO information is even more important and provides an ‘unofficial’ evaluation of the country
situation.
The CERD has ‘early-warning measures’ that allow
the committee to examine a situation with a view to preventing existing problems from escalating into conflict,
and ‘urgent procedures’ that mean the committee can take
action to prevent or limit violations. Under both these
procedures, the CERD examines a state without a report.
Early-warning and urgent procedures can only be taken
up when a committee member requests it.
NGOs can lobby members to have a particular issue
considered, for example by writing to committee members through the secretariat. Previous situations considered under early-warning measures include the conflicts in
the former Yugoslavia and the Great Lakes region of
Africa. Cases examined under urgent procedures include
Australia’s amendment of the Native Title Act, considered
discriminatory against indigenous peoples, and the situation of the Hmong in Laos.
NGOs can submit information to the committees
alone or as part of a coalition of NGOs. The latter can be
more effective. Committee members are more likely to
read one coordinated NGO report than many reports
from different NGOs; further, several NGOs speaking
with one voice adds strength to the arguments being presented, and avoids duplication of work. However, it may
not be possible to work as a coalition because NGOs can
have diverse or conflicting views. In this case, it may be
necessary to submit different reports.
It is important to organize the submission of a shadow
report well in advance of the committee session. Often
NGOs work very hard to produce a report but it does not
get to the committee members in time. It is more important to submit some information, even if the report is not
complete, than to miss the deadline. NGOs can submit
information on particular aspects or Articles of the treaty,
or produce a comprehensive report along the same lines as
the state report. The type of report an NGO produces
will depend on their areas of focus and the time and
resources (both financial and human) available. Be realistic about what is possible.
All committees have one member to act as ‘Country
Rapporteur’ for each state report. With the exception of
the CEDAW and HRC the Country Rapporteur’s name is
publicly known and you can ask the secretariat whether it
is possible for you to contact him/her directly. Some committees prepare a ‘list of issues’ at a working group prior
to the session when the state report will be examined.
This list gives an idea of the committee’s concerns and
NGOs should try to ensure that their shadow report is
received by the committee before this time so that issues
raised in the shadow report can be included in the list of
issues sent to the state. The CEDAW, CESCR, CRC and
HRC permit NGOs to make a presentation to the working group.9 With the exception of the CEDAW and
CERD, the committee secretariat prepares a ‘country profile’ containing relevant information for the committee
members. The CAT, CESCR and CRC secretariats will
include information from NGO shadow reports in the
country profiles if received early enough. NGO information received later will be given to committee members at
12
MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS
NGOs and treaty monitoring 8