A/74/44
Annex II
Treaty body strengthening process: position of the
Committee against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
Introduction
1.
The Committee against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment subscribes to the statement by the Chairs of the human rights treaty bodies in
the context of the upcoming 2020 review of the treaty body system (A/73/140, annex III)
that the following parameters should serve as guiding principles for the treaty body
strengthening process:
(a)
Strengthened protection of rights holders;
(b)
Preservation of the integrity of the treaty body system and of the
independence of both the committees and their experts;
(c)
Enhanced implementation
recommendations of treaty bodies;
of
treaty
obligations
and
the
related
(d)
Balance of the need for more aligned procedures and working methods with
the specific mandates of each treaty body.
2.
The Committee has discussed the draft list of questions and topics on the treaty body
strengthening process that was prepared by the Chairs, and wishes to express the following
views.
Consolidated calendar and reports
3.
The Committee appreciates the benefits of a more coordinated approach to the
scheduling of State party reviews. Without any coordination, some States parties may face
the task of reporting to several treaty bodies within a single calendar year. This is not
necessary and can be prevented by using the calendar of treaty body reviews and making
individual arrangements with States parties affected, such as by postponing the review by
one treaty body by a year. This calendar is available at the following web page:
https://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/MasterCalendar.aspx?Type=Sessi
on&Lang=En.
4.
However, the Committee is not in favour of a consolidated calendar with a fixed
timetable of reviews of States parties by all committees. Such a calendar would be rigid and
would lack the capacity to make late- or non-reporting States to report on time. Such
rigidity may lead to the calendar’s collapse if a State party fails to bring a delegation to
Geneva for scheduled reporting due to circumstances beyond its control.
5.
Another obstacle is that not all treaties have the same periodicity of reporting. In the
case of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, the reporting cycle is four years, and the Committee finds that it would be
inappropriate to change this cycle.
6.
The Committee is also concerned about logistical issues that may arise with a
consolidated calendar. In particular, it is concerned about the availability of office space at
the United Nations Office at Geneva to accommodate simultaneous meetings of all treaty
bodies, with attendance by large delegations from States parties comprising representatives
of both Governments and non-governmental organizations; bureaucratic hurdles that may
stand in the way of coordination between multiple stakeholders at the national level when
the State party is putting together an amalgamated delegation; and the possible financial
burden on both the United Nations and States parties.
17
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