REPORTING TO THE UNITED NATIONS HUMAN RIGHTS TREATY BODIES TRAINING GUIDE: Part I — Manual
and impartiality of members of the human rights Treaty Bodies (“Addis Ababa Guidelines”)11,
stipulating further safeguards for the independence and impartiality of Treaty Body members.
The members are elected at the meeting of the State parties to the respective treaty. They are elected
for a four-year term. To ensure continuity in membership, elections are staggered – the State parties
hold elections for one-half of the membership every two years.
Treaty Body members do not receive a salary for their work. The United Nations pays the travel costs
of members and a daily subsistence allowance to cover their costs (accommodation, board, local
transport) during the session.
1.3.2. Functions
The Treaty Bodies are mandated in the respective treaties or optional protocols to undertake a
number of functions to monitor treaty implementation, namely to review State parties’ reports; to
consider complaints from individuals; or to conduct inquiries and country visits. They also undertake
other functions, namely responding to requests for urgent action, elaborating general comments or
reviewing inter-State complaints. How these functions are performed is also elaborated in the treaties
or optional protocols, and further specified in the rules of procedure and working methods of each
Treaty Body. Not all Treaty Bodies perform all of the above functions; a summary of each Treaty
Body function is detailed below. Recent developments in exercising their functions are outlined in
each Committee’s annual report to the United Nations General Assembly.
The main functions are the following:
a) Review of State parties’ reports: all Treaty Bodies except the SPT are mandated to consider
reports which State parties are obliged to submit periodically on steps taken to implement the
provisions of the relevant treaty and any difficulties encountered in that regard. In the case of
the CRC, its mandate also includes the substantive optional protocols of the Convention, namely
on the ‘Sale of Children’ and on ‘Children and Armed Conflict’. This means that the number
of reports a State is required to submit periodically will depend on the number of international
human rights treaties to which that particular State is a party. The Treaty Bodies review these
reports, identify issues of concern and make recommendations in what are known as “concluding
observations”. The reporting procedure will be extensively explained in the following chapters of
this Training Guide.
b) Consideration of complaints from individuals: all Treaty Bodies apart from the SPT are entitled
to receive and consider complaints (known as “communications”) from individuals (or groups
of individuals) alleging that their rights under a treaty have been violated by a State party
to that treaty. The CMW is the only Treaty Body of which the mandate to consider individual
communications is not yet operative.12
The individual communication procedure is optional, which means that the State party to a treaty
of which a violation is alleged must have expressly recognized the competence of the Treaty Body
to receive and consider complaints from individuals under its jurisdiction. Such competence is
recognized either through a declaration pertaining to a specific provision of the treaty (ICERD,
11 A/67/222
10
12 It will come into force when ten States Parties have declared that they recognize the competence of the Committee to receive and
consider communications (under article 77 of the Convention on Migrant Workers).
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