Case study: Submitting a shadow report
In January 2004 the CEDAW reviewed the state report of Nepal.
The Forum for Women, Law and Development (FWLD), based in
Nepal, coordinated a coalition of 17 Nepali NGOs to submit a
shadow report. FWLD works for the elimination of discrimination
against women and has identified caste-based discrimination
against Dalit women as an issue of serious concern.
An initial meeting was held, in April 2003, to discuss the
schedule for production of the shadow report. Following that,
advertisements in newspapers and broadcasts on the radio
called for NGO participation. Letters of invitation were sent to
women’s and human rights organizations. The planning meeting
saw the formation of committees to divide up the work and
discussion of the issues to be included in the shadow report.
They decided that part of the report would contain an Articleby-Article analysis and part would focus on emerging issues.
Issues selected included: Dalit women, HIV/AIDS, indigenous
women, and women and armed conflict. The chosen writing
format was: prevalence of the problem, implementation status
of the previous Concluding Observations, critical areas of concern, gaps and weaknesses, and recommendations.
When the first draft was complete, in August, the coalition
undertook a national consultation. They advertised in newspapers for interested participants and invited grassroots NGOs
through their networks. Over 230 participants from 34 districts
of Nepal attended the September consultation. During the
meeting, the draft shadow report was presented by Article and
by theme, and group discussions took place on each. The
national consultation received media coverage from both
Nepali- and English-language newspapers in Nepal.
The text was revised, incorporating the comments received
during the national consultation. Following editing, the completed shadow report was published and submitted to the
CEDAW in mid-November 2003. Two coalition representatives
were interviewed about the report on the radio.
Before the CEDAW session, the coalition held a strategy
meeting to discuss the prioritizing of issues during the presentation to committee members. Media work around the CEDAW
session was intensive. The coalition held a pre-session meeting
with the press to brief them on the report and the issues to be
raised. Representatives of the coalition attended the session in
New York, briefed CEDAW members and answered their questions. The briefing attracted wide newspaper coverage in
Nepal. Following the CEDAW examination of the government
report, NGO attendees were interviewed on radio and television, and they held another press meeting to highlight issues in
the Concluding Observations. The NGOs have now started a
new phase of follow-up to ensure that the Concluding Observations result in concrete changes at the local level. Planned
activities include translating the Concluding Observations into
Nepali and other ethnic languages, and developing indicators
to monitor implementation of the observations.
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at that session. NGOs can arrange briefings for the
CERD, CRC and HRC members outside meeting times.
These briefings are often held at lunchtime, usually immediately before the committee begins consideration of the
state report, and last about one hour. Not all committee
members attend NGO briefings and some never attend.
The briefing gives you the opportunity to explain issues,
update members on developments since submitting the
shadow report and to answer questions from the members.
Contact the secretariat for help in organizing a briefing
meeting.
Depending on the Country Rapporteur, it may be possible for NGOs to meet privately with him/her to discuss
questions and make recommendations that you would like
the committee to consider. It may also give you an opportunity to counter any inaccurate information provided by
the government during its briefing. Note that not all committee members are open to this type of lobbying; some
feel it is unnecessary because they have already received
written NGO information. Other committee members
may also be open to meeting privately with NGOs.
A press release is issued for each open meeting of the
committees and displayed on the OHCHR website. If you
are unable to attend the session you can find out about the
discussions through the press releases. An official summary
(called a ‘summary record’) of each meeting is also issued.
These are usually available in the language in which they
were produced (either English or French) a few weeks after
the session.
Concluding Observations
Initial drafts of the Concluding Observations are usually
prepared by the secretariat and modified by the Country
Rapporteur. The process varies between committees but in
all cases the committee as a whole adopts the final version.
All committees discuss and adopt Concluding Observations in private sessions. The adopted Concluding Observations are released to the public and made available on
the OHCHR website during the session, except for the
CEDAW who post them on the Division for the Advancement of Women (DAW) website two to three weeks after
the session. The secretariats of the CESCR, CRC and
HRC send Concluding Observations to the NGOs who
provided information. The CERD secretariat will send
them if requested.
Follow-up
Arguably the most important contribution NGOs make
to the reporting process is in the follow-up to Concluding Observations. The adoption of good Concluding
Observations is not an end in itself but a tool to use in
national advocacy. Planning an effective follow-up process is crucial.
MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS