Civil Societyand

UN Human Rights Mechanisms

OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina

• 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 Treaty Bodies and Civil Society

• 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 mechanismsOHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina

Treaty Bodies and Civil Society (cont’d)Treaty Bodies and Civil Society (cont’d)

• 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)Treaty Bodies and Civil Society (cont’d)

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 SocietySpecial Procedures and Civil Society

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)Special Procedures and Civil Society (cont’d)

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)Special Procedures and Civil Society (cont’d)

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)Special Procedures and Civil Society (cont’d)

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)Special Procedures and Civil Society (cont’d)

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 information

OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina

Special Procedures and Civil Society (cont’d)Special Procedures and Civil Society (cont’d)

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)Special Procedures and Civil Society (cont’d)

• 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 UPR and Civil Society

OHCHR-OSCE Workshop on NGO reporting and monitoring – 11-12 July 2012 - Pristina

• 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) UPR and Civil Society (cont’d)