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influence the review in any way, and this has been the consistent practice across
treaty bodies. Often, such a member will leave the room during the review to
distance himself or herself from the dialogue. The guidelines also stipulate that
such members do not participate in the consideration or adoption of concluding
observations and that members holding multiple nationalities should, on their own
initiative, inform the Chair and the secretariat. As noted above, if there is any
doubt about the independence or impartiality of a member, the test is always
whether a reasonable observer would consider the member to have a real or
perceived conflict of interest in the particular situation.
Another question is whether a member of a treaty body should accept an invitation
to a State party that is soon to be under review by that same treaty body. Such
invitations are not uncommon and in many cases are sent through the secretariat.
In 2005, the High Commissioner endorsed guidelines on country visits to assist
both members and the secretariat.19 According to these guidelines, “inviting States
frequently suggest that visits prior to consideration provide a direct opportunity
for treaty bodies to assess the degree of implementation of treaty provisions.
However, [OHCHR] is of the view that such invitations may be perceived as an
attempt to influence the outcome of the consideration of the report.” The guidelines
propose the following:
✔✔ If the secretariat receives an invitation to members to visit a State party—
particularly before their treaty body considers that State’s report—it will
promptly forward it to the relevant members and inform them that the
secretariat will not finance the visit nor assist in its organization.
✔✔ If the secretariat receives such an invitation after the review of that State
to follow up on recommendations, it may agree to provide support for the
visit.
✔✔ The secretariat invites members who receive such invitations themselves to
disclose this, as well as any information on costs covered by the State or
honorariums paid, to the other members of the treaty body.
✔✔ If an NGO extends an invitation, the secretariat encourages members to
inform the Government of the State party before the visit.
✔✔ The secretariat encourages visiting members to refrain from issuing press
releases or entering into contact with the media before consideration of
the State party’s report, so that there is no confusion between the outcome
of the visit and the review of the report.
19
“ Report on the working methods of the human rights treaty bodies relating to the State party reporting process”
(HRI/MC/2005/4), annex. These guidelines are also set out in annex IV below.
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