ICERD AND ITS MONITORING BODY
state party is obliged to submit: (a) an initial report
within one year after the entry into force of the Convention for the state concerned, to provide comprehensive
information on existing legislative, judicial, administrative or other measures which give effect to the provisions
of ICERD; (b) thereafter, further comprehensive
reports every four years that are expected to contain any
new developments that took place after the submission
of the previous report, information that CERD specifically requested, and answers to questions that were not
fully dealt with from its previous reports; and brief
updating reports in the intervening two-year periods, to
literally briefly update the information contained in the
comprehensive report; and (c) special reports whenever
the Committee so requests, which are, for example, submitted by states parties whose situations are being considered by CERD in accordance with early warning measures and urgent procedures.
According to the Manual on Human Rights Reporting,27
the Committee expects that the initial and comprehensive reports will include information on: i) states parties
compliance with the obligation assumed under Article 1
of the Convention, ii) the ethnic characteristics of the
country and iii) the text of the relevant laws, judicial
decisions and regulations which relate to Articles 1 to 7
of the Convention.
The Committee s obligation under Article 9.2 to report
annually to the GA on its examination of the reports it
receives is the centrepiece of its work. Article 9, however, is very broadly phrased and therefore provides the
Committee with room to introduce innovations in its
application. Thus, at a very early stage of CERD s existence it was decided that the examination of states parties
reports would be carried out in the presence of the states
parties so as to facilitate a constructive dialogue. This led
to states parties sending a delegation of government officials to CERD s meetings when their report is scheduled
for examination. The basic document that is the subject of
the Committee s examination is the state report.
Following the end of the Cold War, procedural innovations were introduced to the examination of the reports
of states parties:
● The designation of Country Rapporteurs — as a
result of informal consultations, members of the
Committee take it upon themselves to prepare the
examination of a states party s report through its close
and detailed study on the basis of relevant and credible information. The Country Rapporteur plays a
leading role in both the examination of the report and
in the preparation of the concluding observations.
Meanwhile, the other members of the Committee
remain free to provide their own input. There is no
pre-sessional working group at CERD, like that established by some of the other treaty bodies to draw up
lists of issues on the states parties whose reports are
due for consideration at the following sessions of
respective committees. Nevertheless, a Country Rapporteur may — albeit rarely — prepare a list of issues in
advance for circulation to the reporting state as well
as to the other members of the Committee.
● The use of other sources of information. It is taken
for granted that the report officially submitted by a
state party is the main and principal source of information, but for a long time it remained highly controversial as to whether members of the Committee
could also rely on other sources of information. It
became gradually accepted that other UN materials,
such as reports of Special Rapporteurs of the UN
Commission on Human Rights and reports and comments of specialized agencies, could be taken into
account. In more recent years, information from
regional institutions such as the European Commission against Racism and Intolerance (ECRI) and also
from NGOs have been taken into account and often
explicitly referred to in the discussions, although
some members of the Committee continue to show
reservations regarding this practice.
● The drawing up of Concluding Observations. While
in the past, individual members would express some
personal opinions and assessments at the concluding
stage of the examination of a state party s report, the
Committee as a collective body refrained from doing
so. This has changed; the Country Rapporteur, with
the assistance of the Secretariat, prepares a first draft
of Concluding Observations, which consist of a
review of positive developments, issues of concern,
and concrete suggestions and recommendations. The
first draft is informally circulated among the members
for their comments. The Country Rapporteur later
submits a second draft, which is discussed and
amended in formal (public) meetings, and finally
adopted by the Committee for transmission to the
state party concerned, to become a public document
and to be included in the annual report of the Committee. A state party may submit its comments on the
concluding observations for inclusion in the Committee s annual report to the GA (Article 9.2 of ICERD).
The Concluding Observations are an important monitoring device and an effective tool for follow-up
work.
ICERD: A GUIDE FOR NON-GOVERNMENTAL ORGANIZATIONS
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