12
States parties elect treaty body members for four-year terms. To ensure some
continuity in membership, elections are staggered. In other words, States parties
hold elections for half the membership every two years. The Convention on the
Rights of Persons with Disabilities, the Optional Protocol to the Convention against
Torture and the International Convention for the Protection of All Persons from
Enforced Disappearance restrict the number of successive terms to two. Other
treaties have no such limits. The treaties set out various criteria to guide States parties
in the nomination and election of treaty body members. Additionally, the General
Assembly, in its resolution 68/268, encourages States parties, in the election
of treaty body members, to give due consideration to equitable geographical
distribution, the representation of the different forms of civilization and the principal
legal systems, balanced gender representation and the participation of experts
with disabilities in the membership of the treaty bodies (para. 13). To facilitate this,
and in accordance with paragraph 12 of the same resolution, OHCHR includes
in the documentation prepared for elections an information note on the current
situation with respect to the composition of the treaty body. The note reflects the
balance in geographical distribution and gender representation, professional
background and different legal systems, as well as the tenure of current members.
Importantly, to be eligible for election, the nominees should be of high moral
standing. The treaties do not define this, although it is a term widely used in many
countries to qualify the suitability of individuals to enter certain professions or
take up certain civic responsibilities. Certainly, an individual who has misused or
misappropriated United Nations funds would not be of high moral standing and
therefore ineligible.
Furthermore, the treaties include other criteria for nomination, such as recognized
competence in human rights or professional experience in the field covered by
the treaty. This is also echoed by the General Assembly in its resolution 68/268
(para. 10). Table 3 sets out these criteria treaty by treaty.
In addition to setting out criteria for potential nominees, the treaties include criteria
to guide States parties when they nominate and elect experts. For example, most
treaties allow States parties to nominate only one individual, who should be one
of their nationals. While the International Covenant on Civil and Political Rights
and the Optional Protocol to the Convention against Torture allow a State party to
nominate up to two individuals, under the Covenant, the Committee may not include
more than one national of the same State. The Optional Protocol contains the most
detailed criteria for nominating individuals and envisages the nomination of a
candidate who need not be a national of the nominating State party. The Convention
on the Rights of Persons with Disabilities requires consultation with persons with
disabilities and their representative organizations in the nomination process.
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