performance. This could, for example, be
a focus on gender, children, legal frameworks, rehabilitation or documentation of
torture. These members have no formal
prerogative to address their issues of interest, but due to their often strong knowledge
and focus on clearly defined issues, they
may have a larger influence on the outcome of the State review in this particular
area than members with other interests. To
give an example, if a Committee member is
an expert in torture rehabilitation and continuously addresses this issue during State
reviews, it is likely that the other members
will give weight to his/her views when developing recommendations in this area.
The State is not obliged to consult with any
external stakeholders, such as NGOs, during the review cycle. However, when States
conduct broad and open stakeholder consultations in connection with the different
stages of the reporting cycle, it often results
in a more constructive dialogue with NGOs
and Committee members since many critical issues will already have been discussed
directly with national NGOs. Practically, a
majority of the States who appear before
the Committee undertake some form of external stakeholder consultations. Further,
the Committee often questions the State
delegation on their inclusion of NGOs in
the preparation of its report.
To avoid conflicts of interest, Committee
members do not participate in the review
of their own State.
When addressing State representatives, it
is important to distinguish between those
that are mainly concerned with domestic
policies and those that are concerned with
foreign policies, notably from the Ministry
of Foreign Affairs and from the Permanent
Mission of the respective country to the UN
in Geneva. The persons concerned with foreign policy are often more knowledgeable
about the functioning of international human rights mechanisms like the CAT and
their main purpose is to make the State
look good internationally. These persons
may be important bridge builders among
NGOs, Committee members and those
State representatives mainly concerned
with domestic policies, who can have a
tendency to protect these against external
influence at any cost.
State Representatives
State representatives make a number of
decisions throughout the review cycle,
which also influence how likely NGOs are
to achieve their objectives. These decisions
can be grouped in two main categories: (i)
the State approach to the dialogue with the
Committee; and, (ii) the State approach to
the involvement of external stakeholders
including NGOs.
It is for the State to decide how it will approach the dialogue with the Committee.
This includes the process for drafting the
State report; which representatives will be
present for the hearing in Geneva; and how
it will implement the recommendations of
the Committee. These decisions have a significant impact on whether the objectives
of a quality constructive dialogue will be
achieved since the State can either focus
on creating a political dialogue or a technical dialogue with the Committee.
The Committee’s secretariat
Staff in the Committee’s secretariat are
professionals who are tasked with servicing the Committee in its work. They, thus,
have no decision-making power in a State
review. Their main task is to prepare and
Engaging with State reviews in the UN Committee against Torture: A practical guide
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