■■
The Convention on the Rights of Persons with Disabilities (Committee on the Rights
of Persons with Disabilities);
■■
The International Convention for the Protection of All Persons from Enforced
Disappearance.
In addition to these international treaties, several regional treaties (e.g., in Europe) also
require regular reports that are reviewed by similar expert bodies. Further details on
these may be obtained from their websites.61
Reports submitted by States describe how well the treaties have been implemented. The
reports will, among other things, describe the mechanisms the State has put in place to
promote implementation and to redress problems that occur.
When examining country reports, treaty bodies seek the views of stakeholders. Typically,
this involves material from national and international NGOs about human rights conditions in that country, or direct submissions from those sources when considering a
country report.
National human rights institutions are one such source: State reports should describe
the institution itself, its roles and responsibilities and its major accomplishments during
the reporting period. At a minimum, therefore, an NHRI may be involved in drafting or
reviewing and commenting on the report insofar as it refers to the institution itself. For
example:
■■
A report under the Convention against Torture may include the results of any prison
monitoring exercise or investigation undertaken by an NHRI as these relate to the
incidence of torture;
■■
A report to the Committee on the Rights of the Child may include the results of an
institution’s examination of the degree to which girls’ right to education is being
respected.
Annual and special reports prepared by institutions, research studies, the results of
public enquiries can all be reviewed by treaty bodies. As these sources of information are increasingly available publicly, this is being done as a matter of course. (An
institution could submit a report directly to the treaty body. It might choose to do
so, for example, if the country report contains, in its view, inaccurate or misleading
information about the current situation and other efforts to have it changed have
failed.)
National human rights institutions should, at a minimum, review State reports to ensure
that representations made concerning their work or their findings are accurately portrayed. Others may be used as a coordinating point through which information from
various ministries, departments and organizations is channelled. In the latter case, an
NHRI itself may be entrusted with compiling a draft report, which would then be submitted to the relevant authorities for review. In this case it is important to keep in mind
that the obligation to report is a State responsibility and the report that is presented to
the expert committee is a State report.
Some institutions may do more than this and actually contribute to State reports. The
contribution an NHRI makes to the reporting process will depend on a number of factors, including its functions and the willingness of the Government to seek its assistance.
In many cases, an NHRI will be able to offer information, data or statistics directly to the
government department charged with preparing the report.
Treaty bodies will make comments on a State’s performance based on their review and
assessment of the national situation and will propose actions for the State to take.
See, for instance, www.coe.int.
61
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