Credit: UN Photo/Eskinder Debebe
During its 68th Session, the United Nations General Assembly last week approved a resolution intended to strengthen the UN human rights treaty body system. The measures and changes called for by the General Assembly seek to improve treaty bodies’ ability to effectively and efficiently monitor States’ implementation of human rights conventions. [OHCHR] This resolution is the next step in the treaty body strengthening process initiated by the UN Office of the High Commissioner for Human Rights (OHCHR) in 2009. [OHCHR]
The General Assembly Resolution
Recognizing the important role that treaty bodies play within the international human rights framework, the resolution outlines several measures intended to relieve the excessive pressure on the system, reduce the current backlog of State reports, and facilitate increased collaboration between the relevant stakeholders. UN G.A. Draft Res., Strengthening and enhancing the effective functioning of the human rights treaty body system, A/68/L.37, 12 February 2014 (Draft resolution submitted by the President of the General Assembly). Implementation of these measures will require the cooperation of States parties, the treaty bodies, and the OHCHR. (Please note, the final resolution will be labeled A/RES/68/268, but only the draft version (A/68/L.37) is currently available. The final text will be available here.)
Several of the measures included in the resolution focus on increasing the efficiency of the State reporting process. For example, both treaty bodies and State parties are encouraged to utilize a simplified reporting process. Id. at para. 1-2. The resolution also establishes strict word limits for State reports and all documents produced by the treaty bodies. In keeping with these word limits, the resolution calls on the treaty bodies to limit the number of questions to which States must respond. Id. at para. 15-16. In addition to this more streamlined reporting process, each treaty body will receive two more weeks of meeting time each year to fulfill its mandated activities. Id. at para. 26(b).
The resolution also encourages the use of new technology such as videoconferencing and webcasts. Webcasts would make the treaty bodies more accessible and visible to the public, while videoconferencing could allow more State delegates to participate in meetings. Id. at para. 22-23.
Emphasizing the important role of the OHCHR, the resolution requests that the OHCHR “support States parties in building the capacity to implement their treaty obligations and to provide in this regard advisory services, technical assistance and capacity-building.” Id. at para. 17.
Notably, the resolution also condemns “acts of intimidation and reprisals against individuals and groups for their contribution to the work of the human rights treaty bodies.” Id. at para. 8.
Treaty Body Strengthening Process
In recent years, the UN human rights treaty bodies have struggled to manage their increasing workloads. New treaties and additional ratifications threaten to overburden the system. In response to this problematic development, the High Commissioner for Human Rights, Navi Pillay, called for a review of the treaty body system in 2009. [OHCHR] According to Ms. Pillay, the purpose of this treaty body strengthening process was “to take stock of the challenges and improve the impact of treaty bodies on States parties and individuals or groups of individuals at the national level by strengthening their work while fully respecting their independence.” Navanethem Pillay, A report by the United Nations High Commissioner for Human Rights: Strengthening the United Nations human rights treaty body system (2012).
Initially, the treaty body strengthening process involved a series of consultations with relevant stakeholders including States, treaty bodies, civil society, national human rights institutions, and United Nations entities. Id. at p. 9.
Then, in 2012, the High Commissioner released an extensive report on the treaty body strengthening process. The report synthesized the most applicable proposals for strengthening the treaty body system from relevant stakeholders. Id. at p. 10. Several of the key proposals included in the report are reflected in Draft Resolution A/68/L.37, such as the need for a simplified reporting procedure and the use of technology to increase accessibility and visibility. Id.
Also in 2012, the UN General Assembly launched an inter-governmental process “to strengthen and enhance the effective functioning of the treaty body system.” This intergovernmental process was then extended in 2013 with the expectation of producing outcomes by February 2014. [OHCHR]
Throughout the strengthening process, civil society has taken an active role. [ISHR] The participation of NGOs during the consultation phase resulted in several beneficial outcome documents including the NGO Response to the Dublin Statement and the Pretoria Statement. However, there was concern over the marginalization of civil society in the latter stages of the process. [ICJ; ISHR] The International Service for Human Rights, an active participant in the strengthening process, welcomed the approval of the resolution and the fact that it did not adopt some of the most problematic proposals, but noted that “serious challenges remain to the effective operation of the treaty bodies and their accessibility to human rights defenders and victims of human rights violations.” [ISHR]
Ongoing monitoring will determine if the strengthening measures in the resolution will be sufficient to provide the treaty bodies with the support, resources and accessibility necessary to improve promotion and protection of human rights.
Treaty Bodies
Currently, there are 10 treaty bodies, independent committees of experts, within the United Nations system. Nine of these bodies monitor States parties’ implementation of international human rights treaties. For example, the Committee on the Rights of the Child monitors the implementation of the Convention on the Rights of the Child. The same nine treaty bodies also publish general comments (also called “general recommendations”) interpreting the scope of each treaty’s provisions or providing guidance on issues related to its mandate. The tenth treaty body, the Subcommittee on Prevention of Torture, monitors States parties’ detention sites. All UN Member States have ratified at least one of the core treaties monitored by the treaty body system.
For more information about treaty bodies, visit IJRC’s Treaty Bodies page or watch “What is a human rights treaty body?,” a short video from the UN.
Visit the OHCHR’s Treaty Body Strengthening page for more information about the treaty body strengthening process and access to related documents.