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    Treaty Based Mechanisms

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    Smriti Paudel
    Within the UN Framework, treaty bodies monitor state compliance with human rights treaties through two principal mechanisms: (1) state party reporting and (2) complaints. For state party reporting, states submit reports to treaty bodies explaining their progress and challenges in implementing treaty obligations. Treaty bodies then issue concluding observations and recommendations. Complaints can be initiated through individual petitions or inter-state procedures, though the latter are rarely used due to political sensitivities between states. Overall, treaty bodies utilize state reporting and complaints to promote improved human rights implementation by states parties.

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    Treaty Based Mechanisms

    Uploaded by

    Smriti Paudel
    101 views9 pages
    Within the UN Framework, treaty bodies monitor state compliance with human rights treaties through two principal mechanisms: (1) state party reporting and (2) complaints. For state party reporting, states submit reports to treaty bodies explaining their progress and challenges in implementing treaty obligations. Treaty bodies then issue concluding observations and recommendations. Complaints can be initiated through individual petitions or inter-state procedures, though the latter are rarely used due to political sensitivities between states. Overall, treaty bodies utilize state reporting and complaints to promote improved human rights implementation by states parties.

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    Within the UN Framework, treaty bodies monitor state compliance with human rights treaties through two principal mechanisms: (1) state party reporting and (2) complaints. For state party reporting, states submit reports to treaty bodies explaining their progress and challenges in implementing treaty obligations. Treaty bodies then issue concluding observations and recommendations. Complaints can be initiated through individual petitions or inter-state procedures, though the latter are rarely used due to political sensitivities between states. Overall, treaty bodies utilize state reporting and complaints to promote improved human rights implementation by states parties.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    101 views9 pages

    Treaty Based Mechanisms

    Uploaded by

    Smriti Paudel
    Within the UN Framework, treaty bodies monitor state compliance with human rights treaties through two principal mechanisms: (1) state party reporting and (2) complaints. For state party reporting, states submit reports to treaty bodies explaining their progress and challenges in implementing treaty obligations. Treaty bodies then issue concluding observations and recommendations. Complaints can be initiated through individual petitions or inter-state procedures, though the latter are rarely used due to political sensitivities between states. Overall, treaty bodies utilize state reporting and complaints to promote improved human rights implementation by states parties.

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    Treaty Based Mechanisms

    Within the UN Framework, these mechanisms are also called as


    ‘treaty bodies’.
    Treaty Bodies- Independent experts

    State party reports Complaints


    One of the principal mechanisms by which the treaty bodies monitor

    is through a system of state reporting.


    State Party
    Reporting Under each of the treaties, state parties undertake to submit reports
    System to the treaty bodies explaining the progress made and problems
    encountered in implementing treaty obligations.
    HowdoestheStateReportingSystemwork?

    a) Submission of initial and periodic reports by state parties:


    i. measures
    ii. progress
    iii. factors and difficulties
    b) Lists of issues
    On receipt of states parties initial and periodic reports, the practice of
    many (but not all) of the treaty bodies is to prepare a list of issues, which
    notifies the state party of the matters of particular interest to the treaty
    body.
    HowdoestheStateReportingSystemwork?

    c) Formal consideration of the state party’s report


    The state report is scheduled for examination at a meeting of the
    treaty body, and the state party is invited to send representatives
    to present the report and answer the treaty body’s questions.

    d) Concluding observations or comments


    The treaty body then adopts concluding “observations” or
    “comments” on the state party’s report. The treaty body makes
    recommendations for action by the state party to enable
    improved implementation.
     Country rapporteurs
    Important In the case of all six treaty bodies, one member of the treaty body
    (called the “country rapporteur”) is appointed by the treaty body to
    point take a leading role in the evaluation of a particular state party’s
    report, the drafting of list of issues and concluding comments. Some
    to note of the treaty bodies refuse to disclose which of their members has
    been appointed as the country rapporteur.
    Complaint Mechanism

    At present, most of a treaty body’s time is spent on the review of


    state reports. This mechanism have rarely been used or have only
    recently come into effect. A complaint mechanism for these
    purposes is viewed broadly as any procedure that will address
    individual factual circumstances of human rights violations. Viewed
    this way, there are at least 20 different types of complaint
    mechanisms available in the treaty body system. These
    mechanisms include individual petitions, actions against reprisals,
    inquiry procedures, urgent actions, and country visits.
     Some human rights instruments allow states parties to initiate a
    procedure against another state party which is thought not to be
    fulfilling its obligations under the instrument. In most cases, such a
    complaint may only be submitted if both the claimant and the
    Inter-state defendant state have recognised the competence of the supervisory
    body to receive this type of complaint.
    Complaint  The possibility to lodge complaints against another state party is
    contemplated in, inter alia, Article 41 ICCPR; Article 21 CAT; Article 11
    Procedure CERD; Article 33 ECHR; Article 45 ACHR; and Article 54 ACHPR. Within
    the framework of the ILO there are two procedures for inter-state
    complaints.
     In reality, however, inter-state complaint mechanisms are rarely used.
    Inter-state relationships are delicate and inter-state mechanisms may
    not be ideal procedures as states bringing complaints may elicit
    reprisals.
     It seems reasonable that individuals, on whose behalf human rights
    were stipulated in the first place, should be enabled to initiate
    proceedings to protect their rights.
     In order for an individual to bring a case/communication/petition
    under a human rights convention, the following requirements have
    Individual to be met:

    Complaint a) the alleged violating state must have ratified the convention,
    b) the rights allegedly violated must be covered by the convention
    Procedure
    c) proceedings before the relevant body may only be initiated after
    all domestic remedies have been exhausted.
     At the UN level, individual complaint mechanisms are found under
    eight conventions: in the First Optional Protocol to the ICCPR,
    Article 22 CAT, Article 14 CERD, Article 77 CMW, the Optional
    Protocol to CRPD and in Article 31 of the International Convention
    for the Protection of All Persons from Enforced Disappearance.
    Thank You!!!

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