UNDP-OHCHR TOOLKIT
Interaction with the International Human Rights System: The Sub-Committee would
like to highlight the importance for NHRIs to engage with the international human
rights system, in particular the Human Rights Council and its mechanisms (Special
Procedures Mandate Holders) and the United Nations Human Rights Treaty Bodies.
This means generally NHRIs making an input to, participating in these human
rights mechanisms and following up at the national level to the recommendations
resulting from the international human rights system. In addition, NHRIs should also
actively engage with the ICC and its Sub-Committee on Accreditation, Bureau as well
as regional coordinating bodies of NHRIs. 15
NHRIs have a fundamental role in the international system:
they cooperate with major UN organisations, agencies,
programmes and funds, including not only UNDP and the
OHCHR, but also UNICEF, UNIFEM, ILO,UNHCR, UNESCO,
WHO and UNFPA. In addition, NHRIs perform an important role in cooperating with intergovernmental bodies,
including the UN Human Rights Council, through such
processes as the Universal Periodic Review. NHRIs can
ensure that the comments and recommendations of
Treaty Bodies and of Special Procedures are considered
and implemented. Because of their practical expertise,
they are useful partners in international efforts to define
new or develop existing human rights standards and
mechanisms. This section will give a brief overview of the
different mechanisms and thematic issues in which NHRIs
can play an instrumental role.
3.6.1 Treaty Bodies
The ten core UN human rights treaties establish treaty
bodies to monitor the implementation of their respective instruments or treaties. Each is composed of ten to
twenty-three elected experts representing all regions of
the world and various legal systems. These bodies are serviced by OHCHR but are really independent. They adopt
their own working methods and rules of procedure and
take their own decisions.
FURTHER INFORMATION ON CORE HUMAN RIGHTS TREATIES AND THEIR
TREATY BODIES CAN BE FOUND IN THE ANNEX TO CHAPTER 1.
Treaty Bodies review the implementation of the treaty or
instrument by State parties that have ratified or acceded
to it. To this end, States submit reports to Treaty Bodies on
a regular basis according to the schedule set out in the
Treaty. In addition to those reports, the Treaty Body will
review information received from other sources. Following
the review, the Treaty Body will issue “Concluding
Observations” or “Concluding Comments” and suggest improvements to States about treaty provisions in
their countries.
Given their obligations and in-the-field experience,
NHRIs can improve the treaty reporting process by collaborating with State entities responsible for preparing
reports, either by contributing to analyses, or reviewing
and commenting on drafts. NHRI can also raise awareness
on treaty bodies processes among other domestic actors,
such as NGOs, professional groups, trade unions, academics, in order to encourage them to participate in the
country reviews. NHRIs are increasingly playing a more
direct role by providing information to Treaty Bodies. As
a result, Treaty Bodies rely on NHRI input in assessing
reports submitted by State Parties.
This is an area where UNCTs can support an NHRI in
developing the capacity to assess and, where necessary,
comment on State reports.16 In turn, NHRIs are encouraged to use the recommendations and comments of
Treaty Bodies to inform their own Government, Parliament
and the Judiciary so that these recommendations and
comments are followed through on and that necessary
measures are taken to make requested change, including
in policy, legislation and programming.
Finally, NHRIs can have an important role in assisting
the Government to identify sound and independent
human rights experts that can be nominated by the
State for treaty bodies elections.
Source: http://www.ohchr.org/EN/HRBodies/Pages/HumanRightsBodies.aspx
ICC Sub-Committee in Accreditation General Observations, June 2009.
15
The responsibility for drafting country reports belongs to the State. Any expectation, therefore, that the NHRI should draft the reports themselves, due to lack of resources in the relevant state
department or for other reasons, should be rejected.
16
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