National Mechanisms for Reporting and Follow-up Coordination and Consultation Capacities OHCHR Treaty Body Capacity Building Programme References 1. Office of the High Commissioner for Human Rights . www. Ohchr.org 2. A simple Guide to the UN Treaty Body by the International Service for Human Rights Revised in 2015 by Heather Collister, Thomas Helm, Pooja Patel and Olivia Starrenburg. 3. A practical guide for civil society: Civil Society Space and the United Nations Human Rights System ( OHCHR publication) 4. Working with the United Nations Programme: A hand book for Civil Society ( OHCHR publication) 5. A practical Guide for Civil Society: How to follow up on United Nations Human Rights Recommendations ( OHCHR publication)

Role of different stakeholders Ministries (including SDG focal points & National Statistics Office) Parliament Judiciary NHRIs NGOs NMRF & Coordination NMRF & Consultation Parliament Monitor government compliance with national and international human rights instruments to which State is a party and follow up on Government periodic reports to international human rights monitoring bodies Adopt national legislation in line with int’l human rights standards Judiciary Apply international human rights law in its judgements NHRIs should neither prepare the report nor should they report on behalf of the Government. BUT remain independent NHRIs can submit their own separate reports to Treaty Bodies and engage with the UPR in an independent manner, through stakeholder reports and statements during the adoption of the UPR outcomes NGOs may be invited to participate in national consultations prior to the drafting of the State report, if the State party encourages the participation of all stakeholders. NGOs can provide valuable information and recommendations during the preparation of the State’s report. In addition, NGOs can submit a report of their own to the treaty bodies, based on their findings and views on the national implementation of the relevant treaty (considered public and made available on OHCHR’s website, unless requested to keep it confidential) NGO representatives may attend the treaty body plenary sessions as observers. NGO representatives can brief committee members, either during formal or informal meetings. After the dialogue, NGOs can help to widely disseminate and draw attention to the concluding observations and other work of the treaty bodies at the national level, thus raising the visibility of the work of the treaty bodies.

Coordination Capacity of a NMRF

NMRFs & Coordination capacity The capacity and authority to disseminate information, and to organize and coordinate information gathering and data collection from government entities, but also other State actors such as the national office for statistics, SDG implementation focal point “agency/Ministry”, parliament and the judiciary, for reporting and follow-up to recommendations This may include a solid mandate, terms of reference, and annual work plans engaging all relevant Ministries, the National Statistics Office and SDG focal point (lead agency/ Ministry) Email lists and regular coordination meetings Use of templates for collecting information Standing procedures for coordination with Parliament The “how” it is done Important : network of human rights focal points. routinized forms of coordination (such as inter-ministerial committees and working groups). high visibility and a common intra-governmental understanding of its role. Ministerial-level support, either through a central location within the Executive or through direct participation of Ministers in the NMRF, for example at plenary meetings or draft report validation meetings, should undoubtedly contribute to this. In her report to the 28th session of the Human Rights Council, the Special Rapporteur on adequate housing stated that international human rights mechanisms interact primarily with national level governments (A/HRC/28/62, 22 December 2014). She stated that trends toward decentralization and greater responsibilities for local and subnational governments have meant that States’ obligations under international human rights law rely increasingly on implementation by local and subnational government. The Special Rapporteur recommended that States encourage local and subnational level governments to actively participate in all relevant international human rights mechanisms, including treaty body review and complaint procedures, the universal periodic review and special procedures. She also recommended that recommendations emanating from international human rights mechanisms be communicated to local and subnational governments with requests for responses and follow-up action and disseminated to local communities in accessible form. It is therefore important that NMRFs put in place mechanisms of coordination with local and subnational levels of Government, in order to capture efforts undertaken at those levels.

Coordination with Government entities Draw up a calendar and hold regular coordination meetings (NMRF members and/or Ministry focal points) Establish a mailing list and regularly share info Ensure de-briefings by the head of delegation after reviews by UPR and Treaty Bodies including on the recommendations received For an upcoming report (1) hold a preparatory NMRF meeting to explain how the relevant human rights mechanism works and outline the structure and content of the upcoming report; and (2) send a template/table to NMRF members and focal points listing previous recommendations with responsible line Ministries, with a request for information and/or draft input of the periodic report, including word limits and submission deadlines

Importance of National Statistics Offices and SDG implementation focal points National Statistics Offices (NSOs) NSOs play an important role in providing socioeconomic and administrative statistics (including administrative records, census data, statistical and opinion surveys, etc). SDG implementation focal points OHCHR’s key priority is to ensure the SDGs are implemented in a manner consistent with international human rights standards Building synergies between HR and SDG reporting will improve follow-up and reduce States’ reporting burdens HRM recommendations help to identify key issues and provide guidance for SDG implementation

Role of Parliament as a guardian of human rights Parliamentary activity (ratifying treaties, legislating, adopting the budget and overseeing the executive branch) covers the entire spectrum of political, civil, economic, social and cultural rights Parliament can use recommendations of the international human rights system to scrutinize the compliance of the executive with the human rights obligations of the State Parliamentary human rights bodies can assess the conformity of bills or legislation with human rights obligations Parliament is a guardian of human rights

Coordination of NMRF with Parliament NMRF structure could include representatives of Parliament or individual members of Parliament participate in NMRF meetings (in some cases upon invitation) NMRF could establish a standing process to interact with Parliament (informing Parliament on reporting/ review process, submitting draft reports for comments, forwarding recommendations, and liaising between Parliament and special procedure mandate holders) Example (South Africa): All draft reports submitted under international human rights treaties are debated in Parliament; Parliamentarians are included in national delegations to the Treaty Bodies to ensure they fully understand the Treaty Bodies‘ recommendations. South Africa details: Parliament is mandated under the 1996 Constitution (sections 42(3) and 55(2)) to scrutinize and oversee Government performance, and it uses this power to examine the Government‘s human rights record. During the debate period, parliament holds public hearings, calls in ministers and requests documents and reports from a wide range of departments and civil society groups.

Role of the Judiciary regarding international human rights law Resolves disputes Administers justice Interprets domestic legislation in accordance with, inter alia, the obligations of the State under international law Judicial review (overseeing executive and legislative branches, may lead it to invalidate laws and decisions)

Coordination of NMRF with the Judiciary NMRF could engage through Ministry of Justice to: collect information on human rights related cases from the courts (e.g. Mauritius, Mexico, Morocco) transmit recommendations from human rights mechanisms to various levels of the judiciary (e.g. Mauritius, Mexico, Morocco Senegal). Ministry of Justice is normally part of Governmental delegation at TB/ UPR reviews The Judiciary Applies international human rights law in its judgements

Consultation Capacity of a NMRF

NMRFs & Consultation capacity The capacity to foster and lead consultations with the country’s NHRI(s) and civil society This may include: A dedicated focal point for liaising with other stakeholders Establishing a mailing list Regular consultations with different stakeholders Participation of stakeholders in selected meetings (observer) While broad consultation for the preparation of a State Party report is required, the final report and its contents remain the sole responsibility of the State.   Key stakeholders include usually civil society organizations, such as NGOs, law societies, professional groups, trade unions, and national human rights institution(s). Such consultation can take diverse forms such as stakeholder participation in workshops or preparatory drafting meetings and sharing of State party draft(s) report for comments. This consultation does not preclude such stakeholders to directly engage with international human rights mechanisms (for example by submitting their own reports to Treaty Bodies or information for inclusion in the UPR stakeholder report).

Consultation with the NHRI Governments may consult with NHRIs in the preparation of a State’s reports to human rights mechanisms (e.g. share draft report for comments) NMRF could include NHRI representatives in its structure, working groups, and in plenary meetings (without voting rights in order to preserve their independence in line with the Paris Principles)

Consultation with NGOs Establish a NGO contact network and mailing list Invite NGOs to participate in national consultations prior to the drafting of periodic (TB) and national (UPR) reports Invite civil society to participate periodically in selected NMRF plenary or focal point meetings Hold subject-specific meetings with civil society (including in response to requests from civil society groups) Circulate the minutes of NMRF plenary meetings and/or NMRF meetings with civil society among the civil society network

Recommendations of TBs on consultation with NGOs CEDAW (Turkey, 2010) The Committee notes with appreciation that the report was prepared in a participatory process involving Government bodies and non-governmental organizations. CEDAW (Republic of Korea, 2011) The Committee requests the State party to ensure the wide participation of all ministries and public bodies in the preparation of its next report, and to consult a variety of women’s and human rights organizations during that phase.

Reporting cycle with stakeholders