CONSULTATION FOR STATES ON TREATY BODY STRENGTHENING N EW Y ORK, 2-3 A PRIL 2012.

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Presentation transcript:

CONSULTATION FOR STATES ON TREATY BODY STRENGTHENING N EW Y ORK, 2-3 A PRIL 2012

What are human rights treaty bodies? There are nine core international human rights treaties.core international human rights treaties All UN Member States have ratified at least one core international human rights treaty, and 80 percent have ratified four or more There are currently ten human rights treaty bodies, which are committees composed of independent experts. The treaty bodies are created in accordance with the provisions of the treaty that they monitor. OHCHR supports the work of all treaty bodies

 Treaty bodies experts are elected by States parties – they are independent = “shall serve in their personal capacity”  Treaty bodies are independent = “the Committee shall establish its own rules of procedure”  Key functions: -Consider SP reports -Review individual communications (petitions) -Issue General Comments, organize discussion days -Country visits or inquiries, etc.

1.The ongoing growth of the treaty body system Doubled in size in less than one decade Ratification/accession of int. HR treaties: 2000: 6 core int. HR treaties = 927 ratifications 2012: 9 core int. HR treaties 3 OPs (2 CRC ones with reporting procedure and OPCAT with visiting procedure) = ratifications  Increase: 59%

Overall ratifications: 1947 Nearing universality

Increased number of Optional Protocols 2000: 5 (ICCPR 1 &2, CRC-OPSC & OPAC and CEDAW) 2012: 9 (ICCPR 1 & 2, CESCR, CAT, CEDAW, CRC OPSC & OPAC & OPIC, CRPD) Individual communication procedure: 2000: ICCPR, CAT, and CERD 2012: nine TBs have the procedure, three not yet entered into force

The growth of human rights treaty system 2000: 6 treaty bodies 2012: 10 treaty bodies 20xx: x treaty bodies ? Work of a treaty body is gradually expanding along the increase of ratification of the treaty and related OPs – dynamic process

Treaty Bodies membership: 2000: 97 TB members 2012: 172 TB members Treaty Bodies meeting time: 2000: 51 weeks 2012: 73 weeks

S UBCOMMITTEE ON P REVENTION OF T ORTURE – OPCAT 2010: 3 COUNTRY VISITS PER YEAR (10 MEMBERS ) 2012: 6 COUNTRY VISITS PER YEAR (25 MEMBERS )

AVERAGE TIME REQUIRED: C ONSIDERATION OF S TATES P ARTIES ’ REPORTS : 2 DAYS = 1/2 DAY L IST OF I SSUES – 1 DAY CONSIDERATION – ½ ADOPTION OF CO C ONSIDERATION OF INDIVIDUAL COMMUNICATIONS : ½ A DAY IN PLENARY

States Parties reports submitted: 2000: : 136 Number of concluding observations adopted: 2000: : 118 With current levels of ratifications, and if every State party would report as per pre-scribed periodicity, treaty bodies should review at average 320 State party reports annually In addition, annually the treaty bodies adopt an average 120 decisions on merits of individual communications

Backlogs and delays SP reports pending examination 2000: appox : 281 (as at 21/03/12) Average waiting time in 2012: 2-4 years with CRPD 6-7 years Individual communications pending examination 2000: : 478 (as at 1/2/12) Average time between registration and final decision on the case: Human Rights Committee: 3 and a half years CAT: 2 and a half years CEDAW: 2 years CERD: one and a half years

Number of States parties that have overdue reports Treaty Body Overdue initial reports Percentage of overdue initial reports Overdue periodic reports Percentage of overdue periodic reports Total number of overdue reports Percentage of total number of overdue reports CAT2919%3923%6345% CCPR2616%5835%8450% CED00%0 0 CEDAW105%3016%4021% CERD137%7442%8750% CESCR3522%4126%7648% CMW2147%818%2964% CRC 32%6132%6433% CRC-OPSC 7649%00%7649% CRC-OPAC 5236%00%5236% CRPD5046%00%5046% TOTAL NUMBER OF OVERDUE REPORTS

Timely submission of SP reports TB Reports received in 2011 Reports submitted on time in 2011 Percentages CAT*13431% CCPR13215% CEDAW27415% CERD1517% CESCR15213% CMW500% CRC14214% CRC-OPSC800% CRC-OPAC10110% CRPD17635% TOTAL % * CAT Reports submitted on time had accepted the new optional procedure LOIPR TB Reports received in 2010 Reports submitted on time in 2010 Percentages CAT*16213% CCPR10220% CEDAW28311% CERD18211% CESCR17529% CMW400% CRC20210% CRC-OPSC8113% CRC-OPAC11218% CRPD9343% TOTAL % * CAT Reports submitted on time had accepted the new optional procedure LOIPR

For the three-year period , the average timely submission is as follows (one year flexibility) : CERD: 34% CCPR: 20% CESCR: 39% CAT: 18% CEDAW: 34% CRC: 43% OP-CRC-SC: 31% OP-CRC-AC: 32% New bodies: CMW - CRPD Average timely submission (with one year flexibility)

AVERAGE PERCENTAGE OF TIMELY SUBMISSION TO ALL TREATY BODIES : - STRICT COMPLIANCE : 16% ( ) - ONE YEAR FLEXIBILITY : 33, 6 % ( )

2.Financing the treaty bodies OHCHR is the UN entity responsible for supporting the human rights treaty bodies Division of Conference Management (DCM) of UNOG provides conference services to the treaty bodies, as well as to other clients  The majority of resources (some US $ 60 million in ) provided to the treaty bodies relates to the provision of conference services, whereas some US $ 40 million were provided through the human rights programme  Total annual cost: approx. US$ 50 million = 20 million OHCHR and 30 million DCM/UNOG

biennium support by OHCHR to treaty bodies:  United Nations regular budget (US $29.7 million) = 76%  Voluntary contributions from donors (US $9.6 million) = 24%

Human Rights Treaties Division at OHCHR 57 Professionals and 21 General Service posts  40 Professional posts (1 D-1, 4 P-5, 13 P-4, 17 P-3 and 5 P-2) and16 General Service posts funded from the regular budget (RB posts)  17 Professional posts (2 P-4, 14 P-3 and 1 P-2) and five General Service posts funded from voluntary contributions (XB posts)

Funding travel of TB experts (through OHCHR) Regular budget allocation to OHCHR: US $14 million fund (biennium ) travel of treaty body experts to treaty body sessions, under the “Policymaking Organs” 2000: US $4.3 million 74 experts for 5 TBs 2012: US $14 million 172 experts for 10 TBs

OHCHR funding for travel of experts (31%) and TB staffing (69%)

Documentation of Treaty Bodies 2000: pages submitted by 68 States parties 2005: pages submitted by 67 States parties 2010: pages submitted by 92 States parties pages submitted and reproduced in original languages but not translated, such as Responses to List of Issues submitted late 2011: pages submitted by 115 States parties pages submitted and reproduced in original languages but not translated, such as responses to lists of issues

Documentation (cont’…) Other key documents relating to the work of treaty bodies for 2010 were (estimations): Individual communications:1 015 pages Concluding observations:1 310 pages Annual reports to GA:2 000 pages (partly compilation of already translated documents) List of Issues: 500 pages

Cost estimations of TB documentation The total cost of formatting, editing, referencing, translating, reproducing of one page of text into 5 other languages is of USD) A State Party report of 60 pages translated into all 5 other UN languages cost US$ ; US $ for 100 pages; US $ for 300p. Estimated total amount of working days to translate all treaty bodies documentation in 2010 amounts to working days equalling 45, 5 years or the work of 45, 5 staff members over one year The total cost of treaty body documentation in 2010 can be estimated at USD

Potential savings – TB documentation Strict page limitation of SP reports, as required under CCD:  60p for initial reports; 40 for periodic reports 2011: 115 SP reports reviewed = 64 reports over page requirement (56%) If the requirement would have been strictly applied in 2011: approx. 5 million USD savings

Potential savings – TB documentation LOIPR instead of standard procedure = one document required instead of two CAT experience with 18 SPs/LOIPR: saving USD per SP report

SG report to GA 66/344 Two proposals and one recommendation: 1.Short term: reduce backlogs through bi- annual adjustment of meeting time (avoiding yearly ad-hoc single requests) 2.Long-term: fixed calendar based on 100% compliance  Recommendation: Comprehensive review of the resources for the treaty bodies as a whole - for current and projected needs

Thank you! Bolivia presenting its report before CERD