THE CONTRIBUTION OF NGOS TO CERD’S WORK
NGOs might negotiate with the appropriate authority to
become involved in the drafting process. Some governments may be willing and even keen to consult national
NGOs in order to avoid being criticized for an incomplete state report. In other states, any contacts with the
government may be impossible. Whatever the outcome
of any such consultations with the government, NGOs
are well advised to keep their independence.
Illustration — The Finnish League for Human Rights
The Finnish League for Human Rights (FLHR) has been
involved in the preparatory process of Finland’s state
reports for all the UN human rights treaty bodies, including CERD. While it is not suggested that the Finnish practice should be a model, it is a good example of successful cooperation between a government and NGOs.
According to Mr Martin Scheinin, former chairperson of
the FLHR and currently a member of the UN Human
Rights Committee:35
‘Although NGOs find reason to criticize the existence of
human rights problems in Finland, there is a relatively
well functioning dialogue between the government and
civil society actors, including NGOs. One dimension of
this dialogue is the existence of a government-appointed Advisory Board for International Human Rights
Affairs that discusses Finland’s reports to the various
treaty bodies at a draft stage. More than half of the
members of the Advisory Board have been proposed
by NGOs or are independent academic experts. In
these discussions, NGOs may influence the final version
of the report.
In recent years, this method of NGO involvement has
been supplemented or even replaced with the practice
of arranging a public hearing at a rather early stage of
drafting a government report. In these hearings, a
broader range of NGOs than those represented in the
Advisory Board may present their opinions about what
problems should be raised in the government report. [...]
It is the responsibility of the government to write and submit the report. Although many NGOs do not want to
participate in the actual writing of the report they do
wish to present their criticism to those government officials that compile the reports.’
If the report has already been produced, a copy is generally available from the government. If NGOs have difficulties in obtaining it, CERD s Secretariat can indicate
the document number for a copy to be ordered from the
documentation desk at the UN Office in Geneva (see
Useful addresses at the back of this manual). Documents of this kind are also available on the website of the
UN Office of the High Commissioner for Human Rights
(www.unhchr.ch).
12
When the report has reached the Committee, after editing and translation into the official languages by the UN
Secretariat, the country concerned will be put on the list
of pending reports. At the session immediately following the reception of the report, the Committee will normally decide which countries on the list will be examined at the next session and who will be assigned as
Country Rapporteurs. (If the Committee receives the
report during a session, such a decision may be taken at
the same session.)
In view of the workload of the Committee, a report will
normally be examined two or three sessions after it is put
on the waiting list. However, the Committee usually
gives priority to initial reports, reports submitted after
long delays and reports from countries where there are
important developments.36 It is advisable for NGOs to
establish a schedule for the production of a supplementary report or other relevant information, once the dates
of the examination of the report are fixed.
NGOs can make contacts with
... the Country Rapporteur — It is highly recommended
that NGOs which plan to provide information to CERD
contact the Country Rapporteur for the country concerned. The name of the Country Rapporteur can be
obtained from the CERD Secretariat, in addition to their
contact information, if an expert has consented to make
it available to the public. Otherwise, communicate with
the Country Rapporteur via the Secretariat.
NGOs may indicate to the Country Rapporteur their
intention to submit a supplementary report and/or ask for
advice about the content and format of the report, and
about when and where it should be sent. In some cases,
inviting the Country Rapporteur to the country concerned to attend a briefing of national NGOs can be considered, especially if the latter cannot be in Geneva during the consideration of the state report. Some former
Country Rapporteurs have told us about the usefulness of
such briefings.
... other NGOs — It may often be more effective to produce a supplementary report in collaboration with other
NGOs. By doing so, NGOs can avoid duplicating their
work and use their knowledge, materials and resources in
an effective way. Moreover, members of CERD are less
likely to read all of the NGO reports if they receive too
many. Separate reports dealing with the same issues may
even confuse experts in comprehending actual situations.
Such an approach can take two forms: NGOs can either
produce a joint report under the name of a coalition, or
ICERD: A GUIDE FOR NON-GOVERNMENTAL ORGANIZATIONS