3. Treaty bodies
3.1 Introduction
The main human rights treaties discussed in section 2
provide for a committee to monitor state compliance with
the provisions of the treaty.7 The committees, also known
as treaty bodies, are composed of human rights experts
from different states. These experts are independent and
do not act as representatives of their states. However, they
are nominated by their governments and elected by states
party to the treaty; some are more independent-minded
than others. Most of the committees meet in Geneva,
although the Committee on the Elimination of Discrimination Against Women (CEDAW) meets in New York,
and the Human Rights Committee (HRC) meets in
Geneva and New York. Each committee meets either two
or three times a year and the sessions last three to four
weeks. The committees do not all function identically;
however, many of their working practices are similar. For
a detailed comparison of how the committees function see
http://www.bayefsky.com/getfile.php/id/9232. Their
openness to NGO contributions also varies. Each committee has a secretariat to assist its work. NGOs can contact the secretariats for more information. In the case of
the CRC, you can contact the NGO Group for the Convention on the Rights of the Child, a coalition of international NGOs that works to facilitate the implementation
of the Convention and to assist national NGOs to work
with the committee. The Anti-Racism Information Service (ARIS) provides assistance to NGOs regarding
CERD. See Annex 6.1 for contact details of all these
organizations.
The main activities of the treaty bodies are:
• reviewing state reports;
• interpreting the treaty;
• considering individual complaints; and
• thematic/general discussions.
linking the international to the national and grassroots
levels in order to ensure improvements in the lives of
minorities. Not all committees perform all of the functions listed above. The table on the following page provides a comparison of the main treaty bodies.
3.2 State reporting
NGO involvement in all these activities is very important
and strengthens the work of the committees. ECOSOC
status is not required; however, it can be useful in facilitating access to the committees and enhancing the credibility of your work. The most important fact for NGOs
to remember is that the work of the committees is unlikely to have a direct impact domestically without NGOs to
pressure the government and publicize issues raised by or
in the committees. NGOs therefore play a crucial role in
States parties to human rights treaties are obliged to submit reports to the committees. In the state reports, governments are expected to list all legislative, administrative,
judicial and other measures that they have taken for the
promotion and protection of the rights provided for in
the treaty, including minority rights. The frequency of
submission of the reports differs according to treaty
requirements (between two and five years). The reports
are examined by committee members in public (open)
meetings. Representatives of the reporting state are generally present to make additional comments and answer
questions from committee members. NGOs and the public may attend these meetings as observers; some committees have provisions for NGOs to address them at a particular time. The treaty body experts evaluate the information presented in the reports and issue a document
that highlights positive developments, raises concerns and
makes recommendations to the states on measures they
should take in order to comply with their treaty obligations. These Concluding Observations on state reports are
published at the end of the committee session and are
available on the OHCHR website. They are also included
in the annual reports of the treaty bodies to the General
Assembly, except for the Committee on Economic, Social
and Cultural Rights (CESCR), which submits its annual
report to the ECOSOC.
The state report is the main document used by the
committees. Ideally, NGOs would be consulted in the process of the government preparing the report; however, this
does not always happen and governments often submit idealized descriptions of the human rights situation in their
countries; they tend to avoid disclosing problems and shortcomings. In order to assess the accuracy of state reports,
committee members can consider information from other
sources. This is not without controversy. It is now generally
accepted that treaty bodies will use official documents,
including from other UN agencies and from UN Charterbased human rights mechanisms. (See section 4.) The use
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MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS