6. Formal consideration of the report: constructive dialogue between the
treaty body and the State party
All treaty bodies have developed the practice, pioneered by the Committee on the Elimination of Racial Discrimination, of inviting State parties
to send a delegation to attend the session at which the committee will
consider their report in order to allow them to respond to members’ questions and provide additional information on their efforts to implement the
provisions of the relevant treaty. This procedure is not adversarial and the
committee does not pass judgement on the State party. Rather, the aim is to
engage in a constructive dialogue in order to assist the State in its efforts
to implement the treaty as fully and effectively as possible. The notion of
constructive dialogue reflects the fact that the treaty bodies are not judicial
bodies, but were created to monitor the implementation of the treaties and
provide encouragement and advice to States. If a State party does not
send a delegation, a committee may nevertheless proceed with the consideration of that State party’s report.
7. Concluding observations and recommendations
The examination of a report culminates in the adoption of “concluding observations” intended to give the reporting State practical advice and encouragement on further steps to implement the rights contained in the treaty. In its
concluding observations, a treaty bodies will acknowledge the positive steps
taken by the State, but also identify areas of concern, where more needs to
be done to give full effect to the treaty’s provisions. The treaty bodies seek to
make their recommendations as concrete and practicable as possible. States
are required to publicize the concluding observations within the country so
as to inform public debate on how to move forward.
8. Implementation of concluding observations and submission of the next
periodic report
A committee’s adoption of its concluding observations brings the formal consideration of a report to a close; but the process does not end there. The
implementation of the rights contained in the treaties requires continuous
effort on the part of States. After the submission of their initial reports, States
are required to submit further reports to the treaty bodies at regular intervals.
These are referred to as “periodic reports”. Periodic reports are normally
not as long as the more comprehensive initial report, but must contain all
information necessary for a committee to continue its work of monitoring the
ongoing implementation of a treaty in the country concerned. An important
element of any periodic report will be reporting back to the committee on
concrete measures taken by a State party to implement the treaty body’s
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