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Civil Society and UN Human Rights Mechanisms OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina
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Parallel reporting (or shadow report) After the submission of the State report and before its consideration Public with possibility of keeping it confidential Not a UN official document Due consideration should be given to the reporting guidelines OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina Treaty Bodies and Civil Society
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Treaty Body Sessions Participation in pre-sessional Working Groups (CESCR; CEDAW; CRC) Oral submissions during the session (HRC; CESCR; CAT; CEDAW; CMW) – public for CESCR and CEDAW Informal briefing through side events Follow-up to Treaty Body recommendations Broad dissemination Cooperate with the State entities, NHRI, and other stakeholders in the implementation Monitor the implementation by the State Report to UN HR mechanisms OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina Treaty Bodies and Civil Society (cont’d)
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Individual complaints Possible with all Treaty Bodies but SPT, CESCR and CRC (until CESCR-OP and CRC-OPIC enter into force); A series of limitations, including: After all available and effective domestic remedies have been exhausted; The complaint does not relate to a widespread pattern of human rights violations; 2 to 3 years for a final decision. Confidential inquiries Possible under CAT, CEDAW, CRPD and CED (such an inquiry was initiatied by HLC-Belgrade in 1997) OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina Treaty Bodies and Civil Society (cont’d)
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What can NGOs do? Submit individual cases to special procedures (communications) Provide information and analysis on specific human rights concerns Provide support for special procedures’ country visits Work locally or nationally to advocate, disseminate, follow-up on the work of special procedures and their recommendations Invite mandate-holders to participate in their own initiatives Nominate candidates for consideration as special procedures mandate-holders OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina Special Procedures and Civil Society
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Communications Strengths may be used for individual cases as well as for a more general pattern of violations they allow for urgent or preventive action (known as urgent appeals) Wherever the cases occur, even in States, which have not ratified any of the human rights treaties No need for exhausting all domestic remedies NGOs can act on behalf of victims (with their consent) OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina Special Procedures and Civil Society (cont’d)
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Communications Limitations Need for a special procedure in place covering the specific human rights issue at stake Special procedures are not legally binding mechanisms Procedures vary depending on the mandate OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina Special Procedures and Civil Society (cont’d)
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Communications: content Identification of the NGO Description of the circumstances of the incident(s) or problem Date and place of the incident(s) or problem If it involves individual victims, provide information on the victims a linkage with the human rights violations reported Specify that you have the consent of the victim(s) OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina Special Procedures and Civil Society (cont’d)
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Communications: content Having the consent of the victim(s) means: The victim(s) are aware and agree that you send a case to special procedures on their behalf The victim(s) are to be informed that if special procedures mandate-holders will take up the case, a letter concerning what happened will be sent to the authorities The victim(s) are to be aware that, if the case is taken up, a summary of what happened will appear in a public report of the Special Rapporteur(s) The victim(s) can specify if they prefer that their full name or just the initials appear in the public report. OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina Special Procedures and Civil Society (cont’d)
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Communications: content If it involves a group of people provide details to identify them and link them to the human rights violation reported (e.g. group of people belonging to a minority being refused access to education) Identification of the alleged perpetrators of the violation (when applicable) If applicable, you can include additional information: whether the incident(s) or problem has been reported to the relevant national authorities if so, indicate whether the authorities have taken any action Use the questionnaires available on the Internet to facilitate submission of informationquestionnaires OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina Special Procedures and Civil Society (cont’d)
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Communications: content The information has to be: Clear Consistent Credible Brief but with supporting documents to be submitted upon request if need be (i.e. standard submissions are normally of 1 or 2 pages) Submitted in English, French or Spanish And keep sending follow up information on positive or negative developments on the case you reported OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina Special Procedures and Civil Society (cont’d)
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Before the review National Consultations Submission of reports Lobbying/advocacy During the Working Group Observation and lobbying Organisation of side events Between the Working Group and the Plenary Session Work on the recommendations (influence the State in responding to recommendations) Dissemination of the report and other lobbying and sensitisation activities UPR and Civil Society OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina
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During the Plenary Session Possibility of delivering a statement under certain conditions After the Plenary Session Activities for the implementation of the recommendations OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina UPR and Civil Society (cont’d)
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