29.05.18
Statements

TB-Net Statement on the 30th meeting of Chairpersons of the Human Rights Treaty Bodies

This is a joint statement on behalf of sevenorganizations[1], which form the NGO Network on UN Treaty Bodies(TB-Net). Created in February 2017, TB-Net is an informal group ofinternational NGOs and networks who work closely with the UN treaty bodies andhave specialised expertise on their procedures and substantive work.

Our mission

Our mission is to support and enhance theeffectiveness of the UN treaty bodies so that they can better contribute to therealisation of the human rights of all persons.

Our vision

We believe that treaty bodies to be effective need to:

· Have quality, independent and diversemembership;

· Develop clear, coherent and context-relevantrecommendations;

· Have transparent, accessible, inclusive andrights-holder-oriented processes and procedures;

· Create spaces for meaningful and safe engagementof civil society and human rights defenders and consider their views;

· Be visible and vocal within the broader UN humanrights system and at the country level.

We believe there is a need to move towards thinking ofthe treaty bodies as a system, rather than individual silos and this includesthe way NGOs work with the system. Working together as a group, we have aholistic and in depth view of the treaty body system, enabling us to identifytrends, good practices and comprehensive approaches, common challenges andavenues for shared learning and collaboration across treaty bodies. Further,together we can improve, outreach to, and accessibility for, rights-holders andcivil society at the national level, across the system.

In support of our vision and mission, we as TB-Net arepursuing two main projects including co-leading and facilitating two keymeetings: one on the follow-up procedures and one on treaty body membership. Inaddition, TB-Net has been monitoring the provision of Webcasting of treaty bodypublic meetings, and we are concerned by the lack of information on funding forits continuation and by shortcomings in its current provision.

1. Follow-up procedures

Together with the OHCHR, the Geneva Academy, the OpenSociety Justice Initiative and Judgment Watch, TB-Net organised a meeting inOctober 2017 attended by members of all treaty bodies, and discussed themeasures treaty bodies take to monitor the States parties’ implementation ofrecommendations. It affirmed that the follow-up procedures in the treaty bodysystem are crucial for the effective implementation of the recommendations asthey allow treaty bodies to maintain a dialogue with States during the periodbetween the State review and the next periodic report and to support them withthe compliance of their obligations under the respective treaties. It alsostressed the need for treaty bodies to streamline their procedures.

Recommendations

· The follow-upprocedure should be adopted by all the treaty bodies as a crucial elementof the reporting cycle;

· Treaty bodiesshould in their concluding observations invite States to inform them about their implementation plans for allrecommendations, including those identified for follow-up;

· Treaty bodies shouldwork towards an aligned, coherent and transparent follow-up and assessmentprocedure, based on existing good practices, and adopt joint guidelines asrecommended in the report of the expert meeting on follow-up to treaty bodyrecommendations (HRI/MC/2018/CPR.2).

2. Quality, Independent and Diverse Treaty BodyMembership

In order to ensure quality, independent and diversetreaty bodies, TB-Net focuses on the promotion of transparent and participatorynominations and elections processes. Last November, we organised an event onpromoting quality, independence and diversity in treaty body membership[2] and we will do so again in a side event to thisChairperson’s meeting to start discussions about the role of treaty bodies inrelation to elections. We believe that multi-stakeholder cooperation betweenStates, civil society, the OHCHR as well as the treaty bodies in nomination andelection processes are the only way to ensure a pool of highly qualifiedindependent and diverse candidates.

Recommendations

· Treaty bodies should call on States to organise open,participatory, transparent and structured national nomination processes toensure public scrutiny of the candidates prior to their nomination;

· Treaty bodies should encourage States to ensure inboth nominations and elections that the candidates are persons of high moralstanding, have recognised competence and experience in the human rights fieldcovered by the relevant treaty, and are independent as well as to giveconsideration to equitable geographic distribution and balanced genderrepresentation, and diverse backgrounds and experiences;

· Before every election, treatybodies should assist States in identifying the most appropriate candidate byrecalling the key requirements for treaty body membership i.e. availability to dedicate time, sensitiveness to culturaldifferences, etc., and by encouraging States to take into account the currentcomposition of the concerned treaty body and its outgoing members as well asthe current and potential gaps in expertise, regional and gender balance.

3. Official Webcast of Treaty Bodies publicmeetings

TB-Net appreciates the advancements by treaty bodiesin ensuring that UN Web TV provides official webcast of public meetings, in English and in relevantlanguages for the country (whether in another UN language with interpretationprovided by UNOG, or a non-UN national language when States provide forinterpretation- e.g. CEDAW Committee on Republic of Korea). This is key toallow civil society and the right-holders of each State to access thesubstantive discussions on their rights.

However, TB-Net is extremely concerned that fundswould only be available for webcast till June 2018, with no availableinformation indicating continuation. In terms of current -and future-operation, we believe that procedures for the provision of alternative UNlanguages and of national language must be improved to allow for timelydissemination of related information and prevent any inconvenience, gap oftransmission or confusion of the users of the webcast during the publicsessions.

Recommendations

· Treaty bodiesshould seek to request and ensure that funding is immediately available tocontinue with the provision of official webcast by UN Web TV, in a foreseeableand sustainable manner.

· Treaty bodies,involving their Secretariats, should develop and formalise clear protocols to definitivelyinstitutionalise the practice of providing, when relevant, webcast inalternative UN languages and in non-UN national languages when States providefor interpretation. In this last case, prior communication with States (tocheck if they will provide interpretation in their national language) and UNdepartments involved (for inclusion of the national language in the options oflanguages in UN Web TV) is key to ensure in advance notice to the potentialaudience at the national level (e.g. in informative notes by the treaty bodies)and proper provision of webcast.

We hope you will consider our recommendations and we lookforward to continued engagement on these issues.

Thank you,

The NGO Network on UN Treaty Bodies (TB-Net)


[1] Centre for Civil andPolitical Rights (CCPR-Centre), Child Rights Connect, the Global Initiative forEconomic, Social and Cultural Rights (GIESCR), the International DisabilityAlliance (IDA), the International Movement Against All Forms of Discriminationand Racism (IMADR), International Women’s Rights Action Watch Asia Pacific(IWRAW-Asia Pacific) and the World Organisation Against Torture (OMCT)

[2] “Promoting Quality,Independence and Diversity in Treaty Body Membership: the Importance ofTransparent and Participatory Nominations and Election Processes”, https://www.facebook.com/notes/tb-net/event-report-promoting-quality-independence-and-diversity-in-treaty-body-members/2017859365128158/