1. UN Treaty Bodies: Monitoring and Reporting Ben Schokman Lawyer Human Rights Law Resource Centre Ltd humanrights@vicbar.com.au www.hrlrc.org.au (03) 9225 6653

2. Overview Purpose of Reporting Procedure State Party’s obligations Participation of NGOs Case Studies Follow up / Implementation

3. Purpose of Reporting Fulfilling the State party’s international obligations Opportunity to record, monitor and evaluate the implementation and realisation of human rights Helps planning for the implementation of rights, and assessing goals and future needs Promote a ‘constructive dialogue’ between the State party and the international community

4. Procedure Periodic Report submitted by State Party ‘List of Issues’ prepared by the Committee State Party responds to List of Issues Consideration by Committee ‘Concluding Comments’ issued Streamlining of the reporting procedure…

5. State Party’s Obligations Periodic reports – every 2-5 years Common Core Document UN ‘Harmonised Guidelines’ Consultation with NGOs Respond to List of Issues Examination by the Committee [Implementation of recommendations…]

6. Participation of NGOs Input into Australian Government’s Report ‘Shadow’ Reporting “fills the gaps” in the dialogue between the Committees and the State party No formal process Follow up / Implementation Provides opportunity to bring IHR into domestic work

7. Case Studies Committee Against Torture Periodic Report submitted – June 2005 List of Issues – July 2007 Written submissions from NGOs – HRLRC, Amnesty, NSWCCL Consideration by Committee – May 2008  Oral submissions by NGOs (1 hour)  “Conversation” between Government and Committee (2 x 2-hour sessions) Concluding Observations

8. Case Studies (cont) ICESCR and ICCPR Core Common Document submitted – July 2007 ICESCR: NGO Submission – April 2008 List of Issues – May 2008 Consideration by CESCR in March 2009 ICCPR: NGO Submission – August 2008 Development of List of Issues at Pre-Sessional WG in Oct 2008 Consideration by HRC in May 2009

9. Follow up and Implementation Circulation of Concluding Observations Use in advocacy Not just human rights NGOs, lawyers Lobby governments to ensure implementation of recommendations Assess level of implementation by government Communicate with Committee Include assessment in next Shadow Report

10. Advantages and Disadvantages Committee’s recommendations are ‘optional’ and ‘unenforceable’ Attitude of the Australian Government? Limited constitutional and legal framework in Australia Can influence executive decision-making and policy development  aimed more at systemic issues rather than individual cases

11. Further Information OHCHR (www.ohchr.org)www.ohchr.org Handbook for NGOs Committee pages: http://www.ohchr.org/EN/HRBodies/Pages/HumanRightsBodies.aspx HRLRC (www.hrlrc.org.au)www.hrlrc.org.au Human Rights Law Resource Manual – Ch 6 CAT – NGO Report, fact sheets, Concluding Observations ICESCR – FREDA Report, List of Issues