Influencing the review
General approach to
engaging with treaty bodies
The CAT State review process is implemented as a dialogue between independent
experts (the Committee members) and
representatives of the State under review.
The main objective of this review must always be that it has a positive influence
on the enjoyment of human rights on the
ground in the State concerned. Since the
State will ultimately be the one responsible
for realising this objective, it is important
that the review and the Concluding Observations are of the highest possible quality
and that these are made in a constructive
atmosphere that does not unnecessarily
antagonise the State. This entails that:
1.
the review is conducted on the basis
of accurate and reliable information
and adequately addresses all relevant
issues of concern within the mandate
of the Committee; and,
2. Committee members and State representatives participate actively in a
constructive dialogue about the issues of concern.
These two process objectives are not easy
to reconcile since many States see even the
slightest criticism as an illegitimate attack
on their sovereignty. Nevertheless, it is important that all possible efforts are made to
achieve both objectives since States who
feel that the Concluding Observations are
a result of an illegitimate process are less
likely to subsequently initiate a genuine
process of implementation. NGOs wishing
to promote a strong outcome of the State
review must therefore work with the Committee, as well as State representatives, to
ensure the best possible outcome.
The above-mentioned objectives relate
to the process of the review, and they are
thus applicable to all CAT State reviews.
In addition to these, each organisation
that decides to get involved in the State
review process must establish clear objectives for what it wishes to achieve in terms
of substantive outcomes of the review.
These objectives will largely depend on
the domestic situation and the focus and
priorities of the individual organisations.
However, there are a few general considerations to keep in mind when establishing
these objectives:
1.
The outcome must have a realistic
chance of instigating or promoting domestic change in policy or practice.
2. The review conducted by the Committee is technical rather than political
in nature. It is thus possible to aim
for some fairly detailed and concrete
recommendations, such as proposing
changes to specific legislation or practice. This also means that objectives
that are politically highly contentious
may be difficult to achieve through a
State review.
3. Evaluate how different outputs can
contribute to the achievement of your
Engaging with State reviews in the UN Committee against Torture: A practical guide
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