recommendations in the concluding observations on the previous
report, so as to close the reporting
cycle.
The “review procedure” –
review of implementation
without a report
According to this procedure, a committee may proceed with the examination
of the state of implementation of the
relevant treaty by the State party even
though it has not received any State
report. The committee may formulate
a list of issues and questions for the
State party, which is invited to send a
delegation to attend the session. Information may be received from United
Nations partners and NGOs and, on
the basis of this information and the
dialogue with the State party, the committee will issue its concluding observations including recommendations. The
review may proceed even if the State
party declines to send a delegation
to the session. The review procedure
is used only in exceptional cases; in
very many cases, notification by the
committee that it intends to consider the
situation in a country in the absence
of a report is sufficient to persuade the
State party to produce a report within
a short period of time.
The importance of follow-up to treaty body recommendations
Treaty bodies have no means of
enforcing their recommendations.
Nevertheless, most States take the
reporting process seriously, and the
committees have proved successful
in raising concerns relating to the
implementation of the treaties in
many States.
In order to assist States in implementing their recommendations,
the treaty bodies have begun to
introduce procedures to ensure effective follow-up to their concluding
observations. Some (Committee on
the Elimination of Racial Discrimination, Human Rights Committee,
Committee on the Elimination of
Discrimination against Women and
Committee against Torture) request,
in their concluding observations,
that States report back to the country rapporteur or follow-up rapporteur within one year (sometimes two (Committee on the Elimination of Discrimination
against Women)) on the measures taken in response to specific recommendations or “priority concerns” that are rapidly implementable. The rapporteur
then reports back to the committee.
Some members of treaty bodies have undertaken visits to State parties, at
their invitation, in order to follow up on the report and the implementation of
concluding observations.
What happens if a State party does not report?
Reporting to the treaty bodies can be a considerable challenge. A State
that has ratified all nine core international human rights treaties is expected
to produce more than 20 human rights reports over a ten-year period:
that is one every six months. States must also produce responses to lists of
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