Racial Discrimination Committee (CERD)

yes

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

yes

Racial Discrimination Committee (CERD)

yes, to all states parties annually.

Human Rights Committee

yes, with respect to states which committee believes warrant additional reminder.

Economic, Social and Cultural Rights Committee

not yet determined

Women’s Discrimination Committee (CEDAW)

no, (a committee document is prepared for each session which lists those states with reports overdue more than five years)

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

no

Racial Discrimination Committee (CERD)

yes, (the practice has varied with the Chair of the committee; generally states with reports overdue by five years have been placed on a list and a document prepared indicating these states parties, and those states have been considered; however, some Chairs have listed fewer state parties, and states on the list are not automatically considered and have avoided review by promising the submission of a report.) (Afghanistan (twice), Antigua & Barbuda, Bahamas (twice), Barbados, Botswana (twice), Burkina Faso (twice), Cameroon, Cape Verde (twice), Central African Republic (twice), Chad, Cote d’Ivoire (twice), Dominican Republic, Ethiopia, Fiji (twice), Gabon, Gambia (twice), Guinea (twice), Guyana, Haiti, Jordan, Lao PDR (twice), Lebanon, Lesotho (twice), Madagascar, Mali, Mauritius, Mongolia, Mozambique (twice), Nepal, Papua New Guinea (twice), Rwanda, Saint Vincent & the Grenadines (twice), Saint Lucia, Seychelles, Sierra Leone (twice), Solomon Islands (twice), Somalia (twice), Suriname, Swaziland, Tanzania, Togo (twice), Uganda, United Arab Emirates, Vietnam, Zaire (Congo) (twice))

Human Rights Committee

no, (will begin practice in the year 2001)

Economic, Social and Cultural Rights Committee

yes (Democratic Republic of Congo, Gambia, Guinea, Kenya, Mali, Mauritius, Saint Vincent & the Grenadines, Solomon Islands)

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

no

Racial Discrimination Committee (CERD)

occasionally, usually not.

Human Rights Committee

n/a

Economic, Social and Cultural Rights Committee

yes, about half the time.

Women’s Discrimination Committee (CEDAW)

n/a

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

n/a

Racial Discrimination Committee (CERD)

yes, accepts combined reports.

Human Rights Committee

in practice yes; (the committee will set the date for the next report at the time a submitted report is considered. The number of years set as the due date for the next report will vary (but will be in the range of 4-5 years). As of November 2000, the Committee will uniformly ask each state party upon consideration of a report to produce another focussed, follow-up report in a shorter time frame (perhaps 18 months) and if it is submitted and satisfactory, a date will be given for the next report which is many years hence (perhaps 8-10 years). If the focussed, follow-up report is not submitted, then the time set for the next report when the submitted report was considered will govern.)

Economic, Social and Cultural Rights Committee

in practice yes; (the committee will not insist on all outstanding reports being submitted; the committee will set the date for submission of the next report upon consideration of an incoming report; that date will be shorter if the incoming report was long overdue)

Women’s Discrimination Committee (CEDAW)

yes, accepts combined reports.

Committee Against Torture (CAT)

in practice yes; (if a report comes in they set a new date for the submission of the next report following the submitted reports’ consideration.)

Committee on the Rights of the Child (CRC)

in practice yes. (When a first report is submitted (even if it post-dates the due date for the second or subsequent reports) it is labelled the initial report, and subsequent reports submitted can be combined (that is they will be labelled the second periodic report plus however many reports are overdue upon submission).)

Racial Discrimination Committee (CERD)

no

Human Rights Committee

no, (the committee will now uniformly request the early production of a focussed, follow-up report after the consideration of a report (and if submitted and satisfactory will allow the lapse of a long period before requiring the next report).)

Economic, Social and Cultural Rights Committee

no, (The date for submission of the next report is set at the time of consideration of the incoming report. That date will be between 3 and 5 years from the time of consideration, taking into account specific factors, namely:

(1) the timeliness of the state party report,

(2) the quality of the constructive dialogue between the committee and the state party,(3) the quality of all information submitted by the state party, (4) the adequacy of the state party’s response to the previous concluding observations, (5) the state party’s actual record in practice with respect to the implementation of the Convention.)

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

no, (The date is set for submission of the next report in the concluding observations, and if there are outstanding reports in theory/the report was long overdue, then it is set for somewhat a shorter period of time than the rule of procedure’s usual time frame of 4 years.)

Committee on the Rights of the Child (CRC)

no. (An initial report submitted late will still be labelled “initial” regardless if it is submitted after the due date of the second or subsequent periodic reports, and the state is permitted to combine the second and subsequent reports. This means that in practice the due date will be some distance from the consideration of the initial report.)

Racial Discrimination Committee (CERD)

all provisions, alternating comprehensive and updating reports (exercising discretion in determining whether a comprehensive report justifies the subsequent submission of a brief updating report)

Human Rights Committee

the reporting guidelines for states parties indicate that they should begin a subsequent report with an account of their response to the prior concluding observations; they also indicate that states should “focus on the issues” identified in those concluding observations; at the same time, subsequent reports should still incorporate reference to fundamental changes affecting Covenant rights over the reporting period; a recent change in Committee practice adds to this description of the periodic report, a call for the production of an early “follow-up” report which would specifically set out the steps taken to meet the Committee’s observations

Economic, Social and Cultural Rights Committee

all provisions; the reporting guidelines indicate that with respect to specific articles subsequent reports should focus on a short review of changes during the reporting period

Women’s Discrimination Committee (CEDAW)

all provisions, focussing on the period of time since the last report, but including information on matters raised by the Committee which could not be dealt with at the time when the previous report was considered

Committee on the Rights of the Child (CRC)

all provisions, focussing on the period of time since the last report and changes occurring during the reporting period, as well as including information on measures taken to follow-up prior concluding observations

Committee Against Torture (CAT)

all provisions, focussing on changes, new measures, developments case law since the submission of the previous report; states should specifically include in subsequent reports information on measures taken to comply with prior concluding observations

Racial Discrimination Committee (CERD)

no comment

Human Rights Committee

yes, the Committee’s practice says that states parties “may include the substance of parts of reports to another Treaty Body, on condition that they are linked to the specific requirements of the Covenant and to the Committee’s General Comments, and are up-to-date”

Economic, Social and Cultural Rights Committee

yes, the Committee’s guidelines say with reference to a specific number of articles that relevant material submitted to the UN or a specialized agency may be made in lieu of repeating information in the report

Women’s Discrimination Committee (CEDAW)

no comment

Committee on the Rights of the Child (CRC)

no comment

Committee Against Torture (CAT)

no comment

Racial Discrimination Committee (CERD)

no, (except to advise a state that some elements should properly be put in a CORE report (which states usually then do).)

Human Rights Committee

no

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes, (secretariat has informal discussions about improving report before production (has been successful).)

Committee Against Torture (CAT)

yes, (in consultation with the Chair of the Committee, states have been asked to resubmit in accordance with the guidelines, (sometimes a report has been resubmitted, sometimes not).)

Committee on the Rights of the Child (CRC)

no

Racial Discrimination Committee (CERD)

yes

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes, (The committee has not called the report a “special” report. But the committee has engaged in exceptional requests. (a) The Committee has specifically requested of a state party prior to its submission of a report, on the basis of new information received, that an issue be addressed in the forthcoming report. (b) The Committee has specifically requested of a state party in the middle of a cycle, when no report is overdue, that specific information or a specific issue be addressed in the context of the next report. (c) The Committee has requested that additional information be submitted following the consideration of a report and has exceptionally scheduled the consideration of such information or the issue (whether or not the information was submitted) prior to the receipt of the next report. These instances appear below under “follow-up on requests for additional information”.)

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

no

Racial Discrimination Committee (CERD)

Australia, Bosnia and Herzegovina, Burundi,

Czech Republic, Croatia, Cyprus, Democratic Republic of the Congo, Israel, Mexico, Papua New Guinea, Rwanda, the former Yugoslav Republic of Macedonia,Yugoslavia (Serbia and Montenegro). In addition the committee has considered, as part of its “urgent action” procedure: Liberia, Russian Federation, Sudan, Algeria (the Committee requested an overdue report on an “expedited” basis in the case of Russian Federation and Algeria, and took special decisions calling for specific actions in the case of Liberia and Sudan).

Human Rights Committee

Albania, Angola, Bosnia and Herzegovina, Burundi, Croatia, Haiti, Iraq, Nigeria, Peru, Rwanda, United Kingdom (Hong Kong), Yugoslavia (Serbia Montenegro)

Economic, Social and Cultural Rights Committee

Israel; specific information was requested to be included in an initial report (ie. not on the basis of prior concluding observations), and a request made for the prompt submission of the report (overdue 1 year, 10 months). Canada; the Committee requested by letter in the middle of a reporting cycle that a specific issue be addressed in the next report; when the report became overdue this was followed by further requests to address the issue in the report. (See also requests for additional information as follow-up.) (Prior to December 1999, this Committee did not have transparent procedures in situations which it wished to treat in an exceptional manner, and special requests sometimes took the form of private correspondence between the previous Chair and states parties, rather than published decisions of the committee.)

Women’s Discrimination Committee (CEDAW)

Democratic Republic of the Congo (Zaire), Croatia, Rwanda, Federal Republic of Yugoslavia (Serbia and Montenegro), Bosnia

Committee Against Torture (CAT)

Israel

Committee on the Rights of the Child (CRC)

n/a

Racial Discrimination Committee (CERD)

Not in the rules of procedure; criteria stated in a working paper generally as: “the lack of an adequate basis for defining and criminalizing all forms of racial discrimination..., inadequate implementation of enforcement mechanisms..., a pattern of escalating racial hatred and violence, or racist propaganda or appeals to racial intolerance..., a significant pattern of racial discrimination evidenced in social or economic indicators, significant flows of refugees or displaced persons resulting from a pattern of racial discrimination...; the presence of a serious, massive or persistent pattern of racial discrimination, or the situation is serious and there is a risk of further racial discrimination.”

Human Rights Committee

no, (It depends on the proclivities of the Committee and lobbying by individual members with respect to specific situations.)

Economic, Social and Cultural Rights Committee

no, (The Committee’s decision has depended on information received by the Committee from external sources and the Committee’s proclivities.)

Women’s Discrimination Committee (CEDAW)

yes, (Criteria was formally adopted and stated in 1999 annual report as (a) there should be reliable and adequate information indicating grave or systematic violation of women’s human rights, and (b) such violations are those that are gender-based or directed at women because of their sex.)

Committee Against Torture (CAT)

no, (Request for other reports are authorized by the Covenant article 19(1). In the only case to date committee members read about a court decision in the newspaper when the committee was meeting, and was under media attention at the time.)

Committee on the Rights of the Child (CRC)

n/a

Racial Discrimination Committee (CERD)

yes

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

n/a

Racial Discrimination Committee (CERD)

generally yes (one meeting, shorter if no state representative present)

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

dealt with in manner similar to initial reports, not dealt with by pre-sessional working group, no list of issues, one-two meetings

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

n/a

Racial Discrimination Committee (CERD)

Yes, Burundi, Rwanda, Papua New Guinea.

Human Rights Committee

no

Economic, Social and Cultural Rights Committee

Yes, in the case of Israel. (March 2001 session)

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

n/a

Racial Discrimination Committee (CERD)

usually, (In principle, but political preferences of committee members have resulted in reports being taken out of order. Still, lack of a backlog means every report submitted is scheduled for consideration within 6-12 months.)

Human Rights Committee

yes, in general. (The interests of Committee members can change the order, and reports can be brought forward for consideration.)

Economic, Social and Cultural Rights Committee

no, (Reports have been taken out of order when the committee has received much information from NGOs and the reports were overdue and the matter was urgent in the Committee’s view.)

Women’s Discrimination Committee (CEDAW)

no, (selection made in order to have spread of initial and periodic reports and geographic balance, taking into account the date of the submission of the report).

Committee Against Torture (CAT)

yes, in general; (sometimes reports are brought forward for consideration where there is a special reason to consider it (in the Committee’s view), or reports are set aside for a later date if a delegation is not ready to present. But since committee only plans one a half sessions in advance and does not have much of a backlog, generally take in order of submission.)

Committee on the Rights of the Child (CRC)

yes, in the sense that reports are not moved forward or up in the queue for an urgent situation. However, the committee considers at one session 7 initial reports and 2 periodic reports, and within each category reports are taken chronologically.

Racial Discrimination Committee (CERD)

no, criteria include length of time overdue, whether a CERD member has volunteered to be the country rapporteur, priority given to states never considered by CERD.

Human Rights Committee

n/a

Economic, Social and Cultural Rights Committee

no, (The Committee selects countries on the basis of geographic balance.)

Women’s Discrimination Committee (CEDAW)

n/a

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

n/a

Racial Discrimination Committee (CERD)

yes, (Given a priority for consideration; deadline set for submission is short and considered when they come in (or situation is considered anyway if no report))

Human Rights Committee

yes, in general. (The Committee would try to bring the report forward by putting it on reserve for the next session, since the backlog of already scheduled reports is approximately 1.5 years.)

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

n/a

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

n/a it is not considered

Economic, Social and Cultural Rights Committee

normally additional information is not considered by the committee separately from the next report; exceptions are Colombia, France, Jamaica, Jordan, Panama, Philippines, Zaire

Women’s Discrimination Committee (CEDAW)

n/a

Committee Against Torture (CAT)

n/a; it is not considered

Committee on the Rights of the Child (CRC)

n/a; it is not considered.

Racial Discrimination Committee (CERD)

occasionally, not often

Human Rights Committee

yes, sufficiently often to interfere with constructive use of committee’s time

Economic, Social and Cultural Rights Committee

yes, sufficiently often to interfere with constructive use of committee’s time

Women’s Discrimination Committee (CEDAW)

last minute drop-outs are rare; about one state per session selected for consideration asks in advance to postpone consideration, the committee pre-selects back-up states which it then substitutes

Committee Against Torture (CAT)

occasionally, not often

Committee on the Rights of the Child (CRC)

no, (does not happen because UNICEF helps state to attend, they will even support costs of the delegation’s attendance; so UNICEF helps to avoid last minute drop-outs)

Racial Discrimination Committee (CERD)

no

Human Rights Committee

yes, starting March 2001

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

n/a

Racial Discrimination Committee (CERD)

yes

Human Rights Committee

no. (Cases may take differing lengths of time to be “ready” for decision, that is until all the submissions from the author and the state party are in. Also, if admissibility and merits are severed the case will take longer. From the time cases are ready for decision, the committee also does not take cases in the order in which they are submitted. It will take into account:

(a) how long the case has been ready

(b) whether the matter appears to be more urgent, that is: (i) death row is always fast-tracked, (ii) all cases in which an interim measure was requested are given priority, (iii) people in detention get priority, (iv) older people get priority.)

Economic, Social and Cultural Rights Committee

n/a

Women’s Discrimination Committee (CEDAW)

n/a

Committee Against Torture (CAT)

yes, unless interim measures are involved

Committee on the Rights of the Child (CRC)

n/a

Racial Discrimination Committee (CERD)

10% of meeting time (this includes the 2-3 hours spent during the session by a working group on communications)

Human Rights Committee

30-35% of meeting time

Economic, Social and Cultural Rights Committee

n/a

Women’s Discrimination Committee (CEDAW)

n/a

Committee Against Torture (CAT)

20% of meeting time

Committee on the Rights of the Child (CRC)

n/a

Racial Discrimination Committee (CERD)

no

Human Rights Committee

yes, (there are two pre-sessional working groups if sufficient members come.)

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

yes

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

At least five are required for the working group on communications. If an additional 3 or more members come, the group will be split into two, and those over and above 5 will do state reports.

Economic, Social and Cultural Rights Committee

five

Women’s Discrimination Committee (CEDAW)

three-four

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

approximately eight

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

volunteer

Economic, Social and Cultural Rights Committee

one is selected from each of the five regional groups within the committee by the group members.

Women’s Discrimination Committee (CEDAW)

regional group representation

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

volunteer

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

before

Economic, Social and Cultural Rights Committee

after

Women’s Discrimination Committee (CEDAW)

after

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

after

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

one session before - that is 4 months

Economic, Social and Cultural Rights Committee

one session before - currently 3 months.

Women’s Discrimination Committee (CEDAW)

one session before - that is 5 months

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

one session before - that is 3 months

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

a) considers the admissibility of cases

- adopts decisions finding a case to be admissible (where unanimous become final; if not unanimous case goes to the Committee)

- makes recommendations to the Committee on inadmissibility (unless Special Rapporteur has decided to send a recommendation of inadmissibility directly to the Committee)

b) can order interim measures

c) considers the merits of cases and makes recommendations

If there are 8 members or more, than the working group will split into 5 and 3 and a second group will do the following (if not the following is done by the one working group):

a) adopts list of issues

b) considers general comments

Economic, Social and Cultural Rights Committee

a) draft list of issues (each member acts as a country rapporteur for one state report)

b) look over additional information submitted and decide whether to take up

c) make recommendations re: working methods

other (ad-hoc)

Women’s Discrimination Committee (CEDAW)

adopts list of issues

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

a) adopts list of issues

b) informal review of state report with NGOs and with UN agencies

Racial Discrimination Committee (CERD)

yes

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes (though at the moment it is actually a “working group of the whole”; previously there were two in-session working groups)

Committee Against Torture (CAT)

very rarely, one occasion

Committee on the Rights of the Child (CRC)

yes

Racial Discrimination Committee (CERD)

between 3-7 members

Human Rights Committee

ad-hoc

Economic, Social and Cultural Rights Committee

ad-hoc

Women’s Discrimination Committee (CEDAW)

everyone - 23

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

ad-hoc

Racial Discrimination Committee (CERD)

volunteer, Chair appoints a convener of the working group

Human Rights Committee

volunteer

Economic, Social and Cultural Rights Committee

one member is asked to take responsibility for its creation and the rest volunteer.

Women’s Discrimination Committee (CEDAW)

all members are expected to attend

Committee Against Torture (CAT)

volunteer

Committee on the Rights of the Child (CRC)

volunteer, but also expertise

Racial Discrimination Committee (CERD)

yes

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

no

Racial Discrimination Committee (CERD)

ad-hoc (e.g. informal working group on communications; contribution to world conference; drafting recent general recommendation)

Human Rights Committee

ad-hoc (e.g. International Law Commission Task Force on reservations, Working Methods, World Conference on Racism)

Economic, Social and Cultural Rights Committee

ad-hoc (e.g. have worked on general comments, and working methods)

Women’s Discrimination Committee (CEDAW)

ways and means - procedural questions; Article 21 - general recommendations and specialized agencies

Committee Against Torture (CAT)

drafting general comment

Committee on the Rights of the Child (CRC)

ad-hoc (e.g. one was media; and there is another informal working group (with outside persons) on disabilities)

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

a) whether to register a case or not

b) whether to recommend directly to the Committee (without going through the working group) that a registered case should be found inadmissible

c) if a case is not sent directly to the Committee with a recommendation from the Special Rapporteur that it be found inadmissible, then the Special Rapporteur transmits the case to the state party for submissions on admissibility and merits

d) if the state party requests that the admissibility decision and the merits decision be severed or considered separately by the Committee, the Special Rapporteur decides whether to sever the two issues

e) prior to the decision on admissibility whether to ask for interim measures

Economic, Social and Cultural Rights Committee

n/a

Women’s Discrimination Committee (CEDAW)

n/a

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

n/a

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

a) recommends to the committee to conduct meetings with state parties in light of the information received (or not) following the 90-day period given to states to provide a remedy in cases of a decision finding a violation

b) holding meetings with selected states parties in the cases of a failure to provide a remedy

c) reporting to the committee on the follow-up meetings with state parties

d) recommending to the committee any further activities after the follow-up meetings

e) responsibility for the substance of the follow-up portion of the committees annual reports.

Economic, Social and Cultural Rights Committee

n/a

Women’s Discrimination Committee (CEDAW)

n/a

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

n/a

Racial Discrimination Committee (CERD)

yes

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

yes

Racial Discrimination Committee (CERD)

(a) makes evaluation of state report and information received from other sources

(b) is first member of the committee to comment on state report by making opening comments and asking first questions

(c) is responsible, with the assistance of the secretariat, for drafting the concluding observations

Human Rights Committee

(a) first draft of the list of issues

(b) first draft of the concluding observations

Economic, Social and Cultural Rights Committee

(a) first draft of the list of issues

(b) first draft of the concluding observations

Women’s Discrimination Committee (CEDAW)

(a) collect background information on state

(b) in a closed meeting for approximately 15 minutes, just prior to the dialogue with the state party, introduce to the committee the background information/situation of the state and the major issues

(c) speak first following the state party’s introduction

(d) sometimes sum up at the end of the dialogue

(e) first draft of the concluding observations with the assistance of the secretariat

(does not do first draft of list of issues)

Committee Against Torture (CAT)

(a) study report and other material on state party

(b) given the lead to ask questions in dialogue

(c) do first draft of concluding observations

Committee on the Rights of the Child (CRC)

(a) together with the secretariat, produces first draft of the list of issues

(b) the first draft of the concluding observations.

Racial Discrimination Committee (CERD)

yes

Human Rights Committee

no

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

yes, (if asked will provide their professional address, fax and email number)

Racial Discrimination Committee (CERD)

volunteer (some members never volunteer)

Human Rights Committee

volunteer

Economic, Social and Cultural Rights Committee

country rapporteurs are members of the pre-sessional working group, and within that group volunteer.

Women’s Discrimination Committee (CEDAW)

usually volunteer, (Bureau suggests names; Rapporteurs usually come from same region or speak language), occasionally Chair unilaterally selects

Committee Against Torture (CAT)

volunteer, take into account linguistic ability

Committee on the Rights of the Child (CRC)

volunteer

Racial Discrimination Committee (CERD)

no

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes for periodic reports, no for initial reports

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

yes

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

(a) secretariat draft

(b) sent to country rapporteur (country rapporteur responsible for getting comments of colleagues)

(c) discussed and finalized in working group

Economic, Social and Cultural Rights Committee

(a) draft prepared by country rapporteur with help of the secretariat

(b) draft is discussed by the working group

(c) adopted by the working group

Women’s Discrimination Committee (CEDAW)

(a) secretariat and country rapporteur suggest draft questions, (based on the suggestions of the country rapporteur, notes by the secretariat, and issues left over from the previous dialogue)

(b) reviewed and amended by Committee in the working group

(c) adopted by the working group

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

(a) draft by secretariat

(b) country rapporteur then works on the list

(c) the list is then considered by the working group

(d) adopted by the working group

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

yes

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes (approximately one month before)

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

no, (they are available to the public through the secretariat about a month after they are adopted, and on line after the dialogue)

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

no

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

yes with respect to some questions/issues and not others.

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

n/a

Economic, Social and Cultural Rights Committee

yes, three months in advance of the meeting where considered (adopted one-two sessions prior to the dialogue)

Women’s Discrimination Committee (CEDAW)

yes, one month from receipt of request/list (adopted one session before the dialogue)

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

yes, two months in advance of the meeting (adopted one session before the dialogue)

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

n/a

Economic, Social and Cultural Rights Committee

more than 50% of the time

Women’s Discrimination Committee (CEDAW)

50% of the time

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

80% of the time

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

n/a

Economic, Social and Cultural Rights Committee

generally no, (They will only be put on line in a very limited number of circumstances where they are given to the Committee in electronic form.)

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

no. (They are given to the NGO-CRC group and they in turn send it to national level NGOs, and they are available upon request; they are put on the web if they are given to the secretariat on disk, and are put up only in the original language.)

Racial Discrimination Committee (CERD)

no

Human Rights Committee

yes, for periodic reports only

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

yes

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

- previous concluding observations of the Committee

- previous report of state party

Economic, Social and Cultural Rights Committee

- information from desk officers

- other treaty bodies’ concluding observations

- country profiles of CRC

- thematic and country rapporteur reports

- all country-specific resolutions of UN bodies and specialized agencies on state concerned

- relevant annual reports and country reports of UN bodies or specialized agencies

- annual human rights reports of NGOs

- annual human rights reports of governments

- NGO shadow reports

- academic publications

Women’s Discrimination Committee (CEDAW)

n/a

Committee Against Torture (CAT)

- information from desk officers

- other treaty bodies’ concluding observations: - country profiles of CRC

- thematic and country rapporteur reports

when relevant (focus on Reports of Special Rapporteur on Torture, Arbitrary Executions, Independence of Justice, Working Group on Arbitrary Detention, and Working Group on Disappearances)

- information from OHCHR in field on internal data base

- all country-specific resolutions of UN bodies and specialized agencies on state concerned

- relevant annual reports and country reports of UN bodies or specialized agencies when relevant, primarily reports of UNHCR

- annual human rights reports of NGOs

- annual human rights reports of governments - some national country data bases

- regional international organizations primarily Council of Europe and OAS; reports of the European Committee on the Prevention of Torture

- NGO shadow reports

- academic publications

Committee on the Rights of the Child (CRC)

- information from desk officers

- other treaty bodies’ concluding observations,

summary records, country profiles

- thematic and country rapporteur reports

- information from OHCHR in field

usually through the desk officer

- all country-specific resolutions of UN bodies and specialized agencies on state concerned

- relevant annual reports and country reports of UN bodies or specialized agencies (UNICEF, WHO, ILO, UNHCR, UNESCO, UNAID); UNHCR prepares written submission to the working group and hence is not incorporated at the time the country profile is written

- regional data bases, such as Council of Europe

- many web sites with country specific information: eg. universities, UN agencies etc.

- annual human rights reports of NGOs

- annual human rights reports of governments

- NGO shadow reports

- academic publications

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

8-10 pages

Economic, Social and Cultural Rights Committee

approximately 15 pages

Women’s Discrimination Committee (CEDAW)

n/a

Committee Against Torture (CAT)

approximately 15-20 pages

Committee on the Rights of the Child (CRC)

approximately 25-30 pages, (country profile has two parts; first is a general human rights component; idea was to situate UNICEF’s work in general human rights context and to allow other treaty bodies to use it)

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

(a) country rapporteur: when get to working group meeting

(b) working group: when get to working group meeting

(c) rest of committee members: at the committee session

Economic, Social and Cultural Rights Committee

(a) country rapporteur: one session in advance of working group meeting (2 sessions in advance of committee meeting)

(b) working group: one session in advance of committee meeting

(c) rest of committee members: at the session at which the report is considered

Women’s Discrimination Committee (CEDAW)

n/a

Committee Against Torture (CAT)

(a) country rapporteur: 3-4 weeks in advance of committee meeting is mailed to country rapporteur

(b) working group: n/a

(c) rest of committee members: at the session at which the report is considered

Committee on the Rights of the Child (CRC)

(a) country rapporteur: usually when get to working group, mailed in advance of the working group if requested (usually is not requested)

(b) working group: usually when get to working group, mailed in advance upon request, usually is not requested)

(c) rest of committee members: at the session at which the report is considered

Racial Discrimination Committee (CERD)

(a) no country profile is prepared

(b) mailed to all committee members six weeks in advance of meeting is the state report, previous report of state, CORE document

(c) the following information is gathered in unedited form for members (the country rapporteur receives this six weeks in advance of the meeting; the rest of the committee members receive it at the time of the meeting (the UN material is provided in their individual files, other material is in a country file in the meeting room)):

- summary records of last consideration of state party by the committee

- desk officers are notified of meeting, submit information in writing occasionally

- other treaty bodies’ concluding observations,

country profiles of CRC

- thematic and country rapporteur reports

- all country-specific resolutions of UN bodies and specialized agencies on state concerned

- relevant annual reports and country reports of UN bodies or specialized agencies

- NGO material (CERD does not solicit information from NGOs; secretariat will put before the Committee NGO material sent in on the NGOs’ initiative, reports of Amnesty, Human Rights Watch, and other annual NGO reports, country reports of the European Commission on Racism; NGO (ARIS) provides the committee with other information (eg. World Directory on Minorities and World Report on Anti-Semitism))

- ARIS also prepares a list of documents they have available and committee members can ask for copies from them

Human Rights Committee

(a) mailed to all committee members in advance of the meeting as they become available are the state report, CORE document, list of issues, NGO materials if received in advance (usually are not)

(b) mailed to the country rapporteur about two months in advance of the pre-sessional meeting are: the summary records and concluding observations of the last session of the committee on that state, the concluding observations of other committees, NGO material received in advance (most is not) and supplied in 20 copies for all members; the state report goes out to all members as it is received

(c) members of the working group are most likely to receive material additional to the state report at the time they arrive at the pre-sessional meeting

(d) in a country file in the room at the time of the session is:

- information from desk officers

- other treaty bodies’ concluding observations: - thematic and country rapporteur reports

- relevant annual reports and country reports of UN bodies or specialized agencies

- occasionally UNDP reports

- annual human rights reports of NGOs

- annual human rights reports of governments

- NGO shadow reports

(also included are most Annexes to state reports (whatever language they are in; they are normally not translated))

Economic, Social and Cultural Rights Committee

(a) given to members of working group while in Geneva (one session in advance of working group meeting) is the state report, CORE document, country profile

(b) mailed to all committee members as soon as they are published are the state reports (as well as all other committee documentation), list of issues, written replies if received (but rarely are), NGO submissions if received in advance (NGOs are advised by the secretariat to send their reports directly to the members)

(c) in a country file in the room at the time of the session is everything else that has been gathered.

Women’s Discrimination Committee (CEDAW)

(a) no country profile is prepared

(b) mailed to all committee members one month before the session is the state report, list of issues, written replies to list of issues (if submitted), concluding observations of other treaty bodies

(c) mailed to the country rapporteur and to members of the working group about 2.5 months before the pre-session meeting is the state report, information on other treaty bodies conclusions, thematic mechanism information, reservations on CEDAW by the state, ratification and reporting profile, list of suggested questions, NGO material which has come in (state reports may be sent earlier, when available)

(d) the following information is gathered in an unedited form for members and placed in a country file at the time of the session (information primarily drawn from UN database and UN reports):

- other treaty bodies’ concluding observations

- thematic and country rapporteur reports

- information from OHCHR in field which is

on UN database

- all country-specific resolutions of UN bodies and specialized agencies on state concerned

on UN database

- relevant annual reports and country reports of UN bodies or specialized agencies on UN database

- NGO information submitted

Committee Against Torture (CAT)

(a) mailed to all committee members 3-4 weeks in advance of the session is the state report, CORE document, previous reports from same country; NGO material if well-structured and sent sufficiently in advance (usually NGO material is not received far enough in advance); NGOs also have the addresses of most committee members and some send them material in advance directly

(b) in a country file in the room at the time of the session is everything else that has been gathered; this includes most NGO material (which is often received at the last moment); a list of material received and available in the file is provided to each member

Committee on the Rights of the Child (CRC)

(a) available to Committee members by mail if requested in advance of the session - but usually not requested, so is in country file in room at the time of the working group during the working group meeting, and at the time of the session for non-working group members: UNICEF’s situation analysis (done by UNICEF for each state) every 3 years or so; NGO-CRC Group report

(b) in a country file in the room at the time of the session is everything that has been gathered, about 115 different documents

Racial Discrimination Committee (CERD)

no, (sometimes they provide information in writing)

Human Rights Committee

yes, working group, (sometimes there is also continuing informal interaction between desk officer and the country rapporteur)

Economic, Social and Cultural Rights Committee

yes, working group

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

no, (there is informal interaction; desk officers occasionally (not as a matter of routine) brief the country rapporteurs)

Committee on the Rights of the Child (CRC)

desk officers brief the working group (desk officers are contacted by the secretariat 2-3 months before the working group,

desk officers contact the field offices, collect information, and prepare a 3-10 page memo for the committee - or will put on paper their briefing notes for the working group)

Racial Discrimination Committee (CERD)

yes

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

yes

Racial Discrimination Committee (CERD)

yes

Human Rights Committee

in some cases in respect of basic statistics

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

yes

Racial Discrimination Committee (CERD)

(a) the working group: n/a

(b) the whole committee: no

(c) informal meetings during unscheduled times while in session: yes, (at lunch time there are informal meetings with NGOs; are flexible about the content of the meeting and they may hear from NGOs concerning about half of the state reports considered that session; about one-third of the members go (usually the same members) including the country rapporteur (certain members never attend - e.g. current and past Chair))

Human Rights Committee

(a) the working group: yes

(b) the whole committee: no

(c) informal meetings during unscheduled times while in session: yes, (about half the committee members attend)

Economic, Social and Cultural Rights Committee

(a) the working group: yes, (on the first day of the working group meeting)

(b) the whole committee: yes, (on the first day of the session, informal meeting with no summary records)

(c) informal meetings during unscheduled times while in session: no

Women’s Discrimination Committee (CEDAW)

(a) the working group: yes

(b) the whole committee: yes, (called working group of the whole, informally without summary records, second day of the session, open meeting, is translation, no summary records, re: all state reports, lasts about 2 hours)

(c) informal meetings during unscheduled times while in session: occasionally

Committee Against Torture (CAT)

(a) the working group: n/a

(b) the whole committee: no

(c) informal meetings during unscheduled times while in session: generally no, (NGOs have found that organized meetings at lunch are poorly attended by committee members, and they therefore generally meet with individual members on an ad-hoc basis)

Committee on the Rights of the Child (CRC)

(a) the working group: yes

(b) the whole committee: yes (These meetings are not on state reports. There is a three hour segment during each session set up in “cooperation with UN agencies and others”; all NGO s are free to attend and can comment on committee and general issues.)

(c) informal meetings during unscheduled times while in session: yes (NGOs can request during the session an informal meeting with the committee; 1 hour or a day before considering a state report the Committee will organize a briefing; most committee members go (8-9)

Racial Discrimination Committee (CERD)

lunch times on ad-hoc basis

Human Rights Committee

at the time of the plenary sessions (informal meetings organized outside of session times), (rather than the working group)

Economic, Social and Cultural Rights Committee

the first day of the session, (rather than the working group).

Women’s Discrimination Committee (CEDAW)

at the informal meeting during the session (for periodic as well as initial reports; the working group meeting is not well attended)

Committee Against Torture (CAT)

n/a (meet individuals outside of session on ad-hoc basis)

Committee on the Rights of the Child (CRC)

80-90% of NGO material goes through the NGO-CRC Group, so that most NGOs relate information to the committee at the time of the working group

Racial Discrimination Committee (CERD)

(a) working group: n/a

(b) the whole committee: n/a

(c) lunch time meetings: no

Human Rights Committee

(a) working group: informally there is an invitation list sent by fax to a limited number of interested NGOs, and it will be sent to others “if ask to be on list”

(b) the whole committee: at the informal meetings during plenary, NGOs are not screened; they must book in advance; normally there are a limited number of international NGOs that frequently ask to meet (e.g. Amnesty, Human Rights Watch, etc.)

Economic, Social and Cultural Rights Committee

(a) working group: no, as long as they are addressing states having reports currently before the working group.

(b) the whole committee: yes, priority is given to those NGOs wishing to speak about states before the committee at that session. If there is time, other NGOs are permitted to speak. To date, there has been enough time to hear from all NGOs wishing to speak.

Women’s Discrimination Committee (CEDAW)

(a) working group: no

(b) the whole committee: no (NGOs must give their name to the committee the day before and the time is divided equally among all those NGOs wishing to speak)

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

(a) working group: yes, at the pre-sessional working group national and international NGOs are invited to speak on the basis of a prior written contribution. NGO-CRC coordinator helps organize the national coalitions. Committee prefers to hear directly from national NGOs, particularly if they information from international NGOs in writing and the international NGO has no additional first-hand information.

(b) the whole committee: no

Racial Discrimination Committee (CERD)

informal committee (lunch-time) meetings: yes

Human Rights Committee

working group: yes.

informal committee: yes, (with respect to the informal meetings with members of the committee in between sessions)

Economic, Social and Cultural Rights Committee

working group: yes

committee: yes

Women’s Discrimination Committee (CEDAW)

working group: no

committee: yes

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

working group: no

committee: generally no

Racial Discrimination Committee (CERD)

no, (but committee members do not always respect requests of confidentiality)

Human Rights Committee

no, (if NGOs ask for information to be kept confidential, it will not be given to the state)

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

no, (but in general NGOs write them in such a way that they will not be jeopardized should their information be shared with the state party)

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

no

Racial Discrimination Committee (CERD)

yes

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

yes

Racial Discrimination Committee (CERD)

will mail to country rapporteur in advance of the session (if arrives at least one month in advance); otherwise available in meeting room file, or distributed if provided in sufficient copies

Human Rights Committee

by mail to members of the working group, including the country rapporteur, in advance of the session, if they are received in sufficient time (which most are not). With respect to other members, they are in their files at the time of the session.

Economic, Social and Cultural Rights Committee

almost all come in at the last moment just prior to the session, so is distributed to members at the time of the session. (In case of NGO information that is intended to be published and comes from an ECOSOC-accredited NGO it is also published as a UN document.)

Women’s Discrimination Committee (CEDAW)

NGO reports are not mailed by the secretariat in advance of the session but are available at the time of the session; but some NGOs mail their reports directly to committee members a few weeks before the session

Committee Against Torture (CAT)

would send in advance if received far enough in advance (but do not), so at time of meeting; NGOs can (and do) send directly to some members whose addresses are public

Committee on the Rights of the Child (CRC)

NGO-CRC Group submission available prior to working group session upon request, but usually members get when they arrive in Geneva for working group meeting

Racial Discrimination Committee (CERD)

secretariat does not screen NGO material; Chair of the committee does

Human Rights Committee

only for material which is irrelevant to the Covenant proceedings

Economic, Social and Cultural Rights Committee

no do not screen

Women’s Discrimination Committee (CEDAW)

no do not screen

Committee Against Torture (CAT)

only for material unrelated to Convention

Committee on the Rights of the Child (CRC)

material is screened for wholly irrelevant submissions but any decision taken not to distribute in consultation with the Chair

- material relating to individual communications (individual complaints and letters of inquiry) - which the committee does not accept - may not be sent to the committee; instead the author is informed that the committee doesn’t deal with communications and the communications are sent to the Human Rights Committee if warranted

Racial Discrimination Committee (CERD)

no, (in the past sent letters to approximately 100 NGOs, national, regional and international after doing some research about interested NGOs; Chair has required secretariat to stop this practice and input is no longer solicited)

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

informally individual members, particularly country rapporteurs, may ask NGOs during the session for information; the secretariat does not solicit NGO information (although the website has a standing invitation for information); NGO information comes to the committee through a significant NGO-driven campaign, with the assistance of UNIFEM which works closely with the CEDAW secretariat

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

yes, (also adopted guidelines for NGO reports)

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

international NGOs and national NGOs whose names have been obtained on an ad-hoc basis.

Economic, Social and Cultural Rights Committee

ad-hoc; list is determined state-by-state; secretariat makes effort to identify local NGOs, as well as writing to international NGOs

Women’s Discrimination Committee (CEDAW)

n/a

Committee Against Torture (CAT)

10 regular organizations which usually attend the meetings such as (Amnesty International,

World Organization Against Torture) - international organizations, and organizations with status with the UN; does not solicit from NGOs at the national level

Committee on the Rights of the Child (CRC)

- generally leave it to the NGO-CRC Group to contact NGOs; but secretariat may make informal requests to NGOs to become involved

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes, (those who have input into periodic report since only periodic reports are discussed during the working group)

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

yes

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

ILO, UNHCR, UNAID, occasionally UNDP, occasionally UNICEF, occasionally WHO

Economic, Social and Cultural Rights Committee

ILO, UNHCR, occasionally UNDP, UNESCO

Women’s Discrimination Committee (CEDAW)

ILO, UNESCO, WHO, FAO

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

ILO, UNHCR, occasionally UNDP, UNICEF, WHO, occasionally UNESCO, occasionally UNAID

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

closed

Economic, Social and Cultural Rights Committee

sometimes open, with UNHCR always closed

Women’s Discrimination Committee (CEDAW)

closed

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

closed, but selected NGOs are there

Racial Discrimination Committee (CERD)

no

Human Rights Committee

no

Economic, Social and Cultural Rights Committee

no

Women’s Discrimination Committee (CEDAW)

yes, working group “of the whole”

Committee Against Torture (CAT)

no, (UNHCR will talk to individual committee members behind the scenes (since there is no pre-sessional meeting) and will provide information to CAT secretariat)

Committee on the Rights of the Child (CRC)

yes, ( not on the subject of state reports, but during three hour segment at each session set up in “cooperation with UN agencies and others”; also agencies attend, depending on the topic, during “day of discussion” held once a year)

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

n/a

Economic, Social and Cultural Rights Committee

n/a

Women’s Discrimination Committee (CEDAW)

ILO, UNESCO, WHO, FAO (depends whether the information they have relates to state with periodic report (working group) or initial report (must be during session, “working group of the whole”))

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

at “cooperation” session, - UNICEF, ILO, UNHCR, WHO, UNESCO (sometimes), UNAid (sometimes), UNDP (sometimes), IMF (usually)

- during “discussion day” session will vary depending on the topic (eg. FAO)

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

n/a

Economic, Social and Cultural Rights Committee

n/a

Women’s Discrimination Committee (CEDAW)

closed

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

open (session is not on state reports)

Racial Discrimination Committee (CERD)

yes, ILO and UNHCR make written submissions; ILO material is basically their general report on the application of the conventions (not a document issued by the Committee) and the UNHCR prepares confidential written material on the states and circulated only to committee members (UNHCR would prefer to work through oral meetings with a pre-sessional working group)

Human Rights Committee

yes, ILO and UNDP - but these are not specially produced reports (not documents issued by the Committee)

Economic, Social and Cultural Rights Committee

yes, UNHCR (unpublished), ILO (published)

Women’s Discrimination Committee (CEDAW)

yes, FAO, WHO, UNESCO, ILO (published)

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

yes, UNHCR, UNESCO, UNICEF, ILO, WHO, sometimes UNAid, FAO, Drug Control Branch (not documents issued by the Committee)

Racial Discrimination Committee (CERD)

no; (Committee has complained publicly about the Special Rapporteur on Racism (in annual report to the General Assembly A/52/18, p. 87))

Human Rights Committee

no

Economic, Social and Cultural Rights Committee

no

Women’s Discrimination Committee (CEDAW)

country rapporteurs do not come; Special Rapporteur on Religious Intolerance came once (1998); Special Rapporteur on Violence Against Women has come occasionally, but often does not come in response to invitations

Committee Against Torture (CAT)

yes, (with Special Rapporteur on Torture about once a year on an ad-hoc basis, usually in public session)

Committee on the Rights of the Child (CRC)

yes, (The Special Rapporteur on Sale of Children comes once a year to a closed meeting (NGOs not there) and briefs committee)

Racial Discrimination Committee (CERD)

once for thematic discussion

Human Rights Committee

no

Economic, Social and Cultural Rights Committee

yes rarely, eg. for discussion of General Comments or Days of Discussion

Women’s Discrimination Committee (CEDAW)

Special Rapporteur on Violence Against Women has come occasionally, but often does not come in response to invitations

Committee Against Torture (CAT)

in general no, but in past have met on an ad-hoc basis with Board of Trustees of Voluntary Fund for Treatment of Victims of Torture, and in close contact with the work of the European Committee on the Prevention of Torture (since in the past one member of CAT was also a member of this committee)

Committee on the Rights of the Child (CRC)

yes, sometimes for the day of general discussion; examples have been: Special Rapporteur on Torture, Special Representative on Children in Armed Conflict, Special Rapporteur on Education, Board on Contemporary Forms of Slavery, Board on Voluntary Fund for Victims of Torture. (There is an “Informal Child Focus Group” which OHCHR brings together every 6 - 8 weeks everybody dealing with children, and this keeps the committee via the secretariat informed of the work of others including the special mechanisms.)

Racial Discrimination Committee (CERD)

a general introduction

Human Rights Committee

introduction plus answers to the first set of questions in the list of issues

Economic, Social and Cultural Rights Committee

it is a general introduction followed by answers to some of the list of issues. Clustering of responses to specific questions or in relation to particular articles will vary from state to state.

The length of the state’s initial presentation also depends on:

a) whether the report needs to be updated (ie time lag between submission and dialogue)

b) whether the state party has submitted written replies to the issues

c) whether written replies were received well enough in advance to permit translation

Women’s Discrimination Committee (CEDAW)

a general introduction

Committee Against Torture (CAT)

a general introduction

Committee on the Rights of the Child (CRC)

a general introduction

Racial Discrimination Committee (CERD)

no, but letter sent to delegations on the first day of the session from the Chair (Chair won’t permit the letter explaining the process to go out before the first day), 20-30 minutes

Human Rights Committee

no, often go to 1.5 hours with opening remarks and answers to partial list of questions.

Economic, Social and Cultural Rights Committee

the annual report suggests introductory remarks of 15-20 minutes, but states may introduce for up to 90 minutes.

Women’s Discrimination Committee (CEDAW)

initial report - 1 hour presentation; periodic report 45 minutes

Committee Against Torture (CAT)

no, take between 15 minutes - an hour, usually 15 minutes

Committee on the Rights of the Child (CRC)

yes, 10-15 minutes.

Racial Discrimination Committee (CERD)

country rapporteur begins by making general comments and then putting first questions - can go on between 30 -60 minutes;

- other members ask questions

- then delegations usually of their own accord, group questions together when they are repetitive by theme; they can (a) answer immediately, (b) ask for short pause and then answer, or answer some questions only then, (c) come back next morning and answer then

- then there are follow-up questions by any member

- then global response by government

- then country rapporteur sums up

Human Rights Committee

any committee member in the order they seek the floor

Economic, Social and Cultural Rights Committee

any committee member

Women’s Discrimination Committee (CEDAW)

initial reports

- state party presents report

- then committee members ask questions article-by-article;

- state party responds

- committee members ask more questions

- state party responds

periodic reports

- lists of issues are given session before to state party

- written responses are supposed to be provided

- states parties make presentation

- then 3 questions posed by Committee members

- state party response;

- another 3 questions (3 Committee members) etc.

- sometimes responses go on for so long, no follow-up questions are possible

Committee Against Torture (CAT)

yes, country rapporteur asks first set of questions; if two country rapporteurs, they are first and second; then any member who asks for the floor (do not go article by article)

- replies by the government

- further questions if there are any

- final replies by the government

Committee on the Rights of the Child (CRC)

- after the general introduction the country rapporteur starts, the committee asks new questions on a set of articles (the questions are clustered)

- the first round of questions on a cluster - around 15 minutes

- government answers re: cluster - approx. 30 minutes

- committee asks more questions, and might make comments for about 20 minutes

- government answers

- committee could ask more questions again

- when Chair says move on, go on, or if no questions, go on; about an hour per cluster

- on consecutive days take 7 clusters

- at the end, the Chair asks committee members for individual preliminary comments

- if time at end members make preliminary comments, if less time, only the country rapporteur makes preliminary comments; and then delegation gets chance to make closing statement of 10 minutes

Racial Discrimination Committee (CERD)

At the second meeting the Chair rushes the delegation through the responses, even if there is still time in the meeting. Chair’s letter indicates the Committee wishes to end by 12:00 on the second day.

Human Rights Committee

states often try to run out the clock answering questions - but mostly rogue countries; they keep talking, tell anecdotes, kill time. They are usually not interrupted by the Chair. On rare occasions if they are not answering questions at all, the Committee has taken a break and given the state party till the following meeting to seek answers from their capital, but usually the Chair and committee members move on to other questions.

Economic, Social and Cultural Rights Committee

written replies to the list of issues permit a greater number of oral questions and answers.

Women’s Discrimination Committee (CEDAW)

sometimes not

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

usually yes.

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

no

Economic, Social and Cultural Rights Committee

no, (Committee receives new information from NGOs at the time of the session. The list of issues is drafted by only five members (the working group) and hence more members wish to ask questions at the time of the dialogue).

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

no

Racial Discrimination Committee (CERD)

rare, committee encourages them only to answer in next report (since reporting period only two year interval)

Human Rights Committee

about 30% of the time states say they will submit answers in writing at a later date, and about 50% of the time they actually do so.

Economic, Social and Cultural Rights Committee

they often provide answers in later one of the three oral sessions, or submit information following the dialogue but before the concluding observations are adopted.

Women’s Discrimination Committee (CEDAW)

occasionally, but committee encourages them instead to answer in next report (committee members not aware of additional information submitted)

Committee Against Torture (CAT)

occasionally; about 50% of the time answers will be submitted.

Committee on the Rights of the Child (CRC)

not often

Racial Discrimination Committee (CERD)

yes, (afternoon, and next morning)

Human Rights Committee

yes, (two in a row for periodic; three in a row for initial)

Economic, Social and Cultural Rights Committee

yes, (three consecutive meetings)

Women’s Discrimination Committee (CEDAW)

initial report, (two consecutive meetings (morning and afternoon) and continued in third meeting after a break of between one day and one week)

periodic reports, (two consecutive meetings)

Committee Against Torture (CAT)

no, (questions in the morning; answers the following day, 24 hours later - one session in between)

Committee on the Rights of the Child (CRC)

yes, two meetings consecutively

Racial Discrimination Committee (CERD)

 - first draft produced by secretariat

- shown to country rapporteur

- country rapporteur modifies first draft

- draft goes to committee

- committee submits written comments to country rapporteur

- secretariat puts it altogether, but country rapporteur can decide to leave out some members’ comments

- third draft circulated

- third draft discussed in public session and committee goes through line by line and will say why omitted members’ comments if did so

- committee considers and adopts

Human Rights Committee

- first draft by the secretariat

- the country rapporteur makes changes

- other Committee members make comments

- rapporteur incorporates changes at his/her discretion

- committee considers and adopts

Economic, Social and Cultural Rights Committee

- the day following the end of the dialogue, the committee meets in private for 40-50 minutes to have a preliminary exchange of views on concluding observations.

- first draft by secretariat; country rapporteur revises, (The country rapporteur may have informal discussions with other members in the interim period.)

- the draft is translated.

- the country rapporteur committee member brings the draft back to the committee 2-4 days later.

- the committee considers the draft and adopts it.

Women’s Discrimination Committee (CEDAW)

- first drafted by country rapporteur and secretariat; secretariat does more or less depending on who is the country rapporteur;

- draft is translated;

- draft discussed at a closed meeting of the committee as a whole;

- adopted and released unofficially about a week later

Committee Against Torture (CAT)

- at the end of the dialogue with the state party the Committee meets in closed session to have an initial exchange concerning the substance of the concluding observations

- draft prepared by secretariat together with country rapporteur (sometimes on the basis of an existing draft from the rapporteur)

- draft discussed at a closed meeting of the committee as a whole;

- adopted and read out in open session

Committee on the Rights of the Child (CRC)

- first draft done by secretariat; then country rapporteur adds changes; then back to the committee

- committee adopts (Of the 9 states dealt with per session; 2 concluding observations are adopted in the first week, 3 are adopted in the second week, and 4 are adopted in the last week)

Racial Discrimination Committee (CERD)

no

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

yes

Racial Discrimination Committee (CERD)

They are available to the state at the same time as they are released to the press; if press release goes out at 7 p.m. in the evening they may be in the hands of the public before the state party

Human Rights Committee

They are given a copy the day before it is released to the press (it has been adopted already).

Economic, Social and Cultural Rights Committee

The government usually gets it on the last day of the session; they can get it a day before if it is ready; they do not get it in advance of it being adopted.

Women’s Discrimination Committee (CEDAW)

The government given copy of summary of their introductory remarks in advance and allowed to make comments and ask for changes; government gets a copy about 2-3 days after the end of the session.

Committee Against Torture (CAT)

The government is invited to come back on a specific day (prior to the end of the session) and then the concluding observations are read out at a public meeting. The government is not shown a draft before they are adopted.

Committee on the Rights of the Child (CRC)

The government gets the concluding observations at the same time as the public.

Racial Discrimination Committee (CERD)

They are released 24 hours after they are adopted and they can be adopted at any time during the session when the committee has time.

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

no, they are not released during the session at all; they are posted on the web 2-3 weeks after the session is over (in so-called “unedited” form, without translation)

Committee Against Torture (CAT)

no, they are released two days following the dialogue the same day they are adopted

Committee on the Rights of the Child (CRC)

yes, the states are invited to the last public session where concluding observations are formally adopted and then the recommendations only are read out. (The states are permitted to make a statement in response, but this has been done only once in last four years.)

Racial Discrimination Committee (CERD)

They are sent to individual NGOs that have requested them.

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes, and they have been informed that they will be posted on the web.

Women’s Discrimination Committee (CEDAW)

no, posted on the web, (sent to UNIFEM, UNDP and the specialized agencies)

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

yes, (they are sent electronically by the secretariat to the CRC-NGO Group and they send them to the national NGOs; they send them to UNICEF and they send them to their national offices; they send them electronically to “Child Rights Information Network” (CRIN), based in London England and they have a website and post them (along with other material, such as NGO reports))

Racial Discrimination Committee (CERD)

If governments request publication of comments made, they are published as an annex in the annual report.

Human Rights Committee

yes (at the Committee’s discretion) as a separate document, but not in the Annual Report; (have published some government comments in the Annual Report which were responses to Views adopted or on General Comments)

Economic, Social and Cultural Rights Committee

no, (have on one occasion published in the Annual Report a letter from a government re: the scheduling of reports)

Women’s Discrimination Committee (CEDAW)

yes in theory, at the Committee’s discretion as separate document, but not in annual report

Committee Against Torture (CAT)

no, (have on one occasion published in the annual report a government reply to an individual communication)

Committee on the Rights of the Child (CRC)

yes in theory, (If requested formally, will publish in annual report. The convention says that states have the right to have their comments included in the Annual Report Art. 45(d) “together with comments if any of states parties”. Have published in the sessional report a government comment re: the scheduling of a report.)

Racial Discrimination Committee (CERD)

usually

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

yes

Racial Discrimination Committee (CERD)

no

Human Rights Committee

no

Economic, Social and Cultural Rights Committee

no

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

no

Racial Discrimination Committee (CERD)

no

Human Rights Committee

no

Economic, Social and Cultural Rights Committee

no

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

no

Racial Discrimination Committee (CERD)

no

Human Rights Committee

no

Economic, Social and Cultural Rights Committee

no

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

no

Racial Discrimination Committee (CERD)

no

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

no

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

not quite, (they state that the reservation “raises concerns as to its compatibility with the object and purpose of the Convention”).

Racial Discrimination Committee (CERD)

no, if ask for additional information they ask for it to be included in the next report

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

no, if ask for additional information they ask for it to be included in the next report

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

no, (It has been in the past.)

Racial Discrimination Committee (CERD)

no, next report

Human Rights Committee

usually yes. Sometimes the Committee imposes a deadline within the time frame of the same session so that it can be used for the concluding observations. Sometimes the deadline is set within some months of the session.

Economic, Social and Cultural Rights Committee

(a) sometimes deadline is given

(b) sometimes state is asked to submit in next report

Women’s Discrimination Committee (CEDAW)

n/a

Committee Against Torture (CAT)

yes, usually one year, but could be during the committee session so that it will be available during the finalization of concluding observations.

Committee on the Rights of the Child (CRC)

n/a (In the past deadlines were set.)

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

yes, but often only in the form of statistics.

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

n/a

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

n/a (In the past additional information requested was usually submitted.)

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

ad-hoc. Depends on its content. If substantial, it is published.

Economic, Social and Cultural Rights Committee

sometimes, (it is published provided that it is not simply newspaper clippings or copies of legislation, but is analytical. It has been published on 14 occasions since 1988. E/1989/5 and Addenda 1-13)

Women’s Discrimination Committee (CEDAW)

n/a

Committee Against Torture (CAT)

sometimes, (it was published in the five cases the committee considered independently of regular reports)

Committee on the Rights of the Child (CRC)

n/a; if additional information is submitted it is not published. In the past it was sometimes published/given a UN symbol number.

(In the past the committee produced a document indicating whether additional information was requested (Bolivia, China, Croatia, Ecuador, El Salvador, France, Indonesia, Pakistan, Peru, Sri Lanka, United Kingdom (Hong Kong), Vietnam, Yemen, Yugoslavia), whether it was received and giving the symbol number of the publication if it was published (published in the cases of El Salvador, Peru, United Kingdom (Hong Kong, Vietnam). If a document received was not published, the submission was noted and it was available from the secretariat upon request. Additional information was not published but received from: China, France, Cuba, Denmark, Italy. This has been discontinued because of lack of resources. Last one issued CRC/C/27/Rev.11 (16 Nov. 1998))

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

no

Economic, Social and Cultural Rights Committee

yes (as of December 1999, the Committee will send the information to the pre-sessional working group who may decide on a number of specific courses of action including the separate and early oral consideration by the Committee of the information submitted. E/2000/22, para. 38)

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

it is sent to the country rapporteur who may choose to bring it to the attention of the committee at the next session; if they do not, it is put in the country files only

Committee on the Rights of the Child (CRC)

no

Racial Discrimination Committee (CERD)

no

Human Rights Committee

yes, (The Committee consider additional information from El Salvador after a “suspension” of the consideration of the initial report.)

Economic, Social and Cultural Rights Committee

yes (Prior to December 1999: (1) The Committee requested follow-up information in response to prior concluding observations and sought that information in advance of the next report in at least the following cases: Dominican Republic (after preliminary observations), El Salvador, Israel, Netherlands, Panama, Paraguay, Philippines, United Kingdom (Hong Kong), Zimbabwe. (2) Additional information was considered before the next report in the cases of Colombia, France, Jamaica, Jordan, Panama, Philippines, United Kingdom, Zaire. The information from the Dominican Republic was considered when finalizing the concluding observations at the subsequent session. (3) The Committee adopted a procedure in relation to follow-up 1 December 1999, E/2000/22, para. 38.)

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

yes, The Committee requested and considered follow-up information in response to prior concluding observations and sought that information in advance of the next report in at least the following cases: Ecuador, Cameroon, Chile, China, Libyan Arab Republic.

Committee on the Rights of the Child (CRC)

no, (In the past the Committee engaged in the practice of adopting “preliminary observations” and requesting additional information to be submitted before the resumed consideration of the report. This took place in the cases of Sudan, Colombia, Indonesia, Paraguay, Rwanda.)

Racial Discrimination Committee (CERD)

no

Human Rights Committee

no

Economic, Social and Cultural Rights Committee

yes, (Israel, March 2001)

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

no

Racial Discrimination Committee (CERD)

n/a

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

normally, no. It is sent to the working group who usually takes note of the information and informs the committee of having done so.

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

sometimes

Committee on the Rights of the Child (CRC)

yes

Racial Discrimination Committee (CERD)

very rarely, a representative has been asked by a government to visit

Human Rights Committee

very rarely

Economic, Social and Cultural Rights Committee

very rarely. Two such occasions

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

no, (visits only have been conducted under Article 20 investigation where the state has permitted the visit)

Committee on the Rights of the Child (CRC)

yes

Racial Discrimination Committee (CERD)

committee decided

Human Rights Committee

committee decided, (but was only able to go once the High Commissioner’s Office obtained the funds for travel)

Economic, Social and Cultural Rights Committee

ECOSOC approved two Missions

Women’s Discrimination Committee (CEDAW)

n/a

Committee Against Torture (CAT)

committee decided

Committee on the Rights of the Child (CRC)

committee decided, (Plan of Action)

Racial Discrimination Committee (CERD)

follow-up/good offices (after/during consideration of report) (Yugoslavia, Croatia)

Human Rights Committee

follow-up to individual communications; (Jamaica) Three visits on follow-up to communications scheduled for 2001. (Colombia, Suriname, Trinidad & Tobago)

Economic, Social and Cultural Rights Committee

follow-up (Panama, Dominican Republic)

Women’s Discrimination Committee (CEDAW)

n/a

Committee Against Torture (CAT)

Article 20 only (Turkey; Egypt denied entry)

Committee on the Rights of the Child (CRC)

State reporting assistance: Haiti - to help write report and for NGOs to write shadow report (committee member went)

Follow-up: Uganda - to train and set up/design future action with respect to juvenile justice; Benin - to train and set up/design future action with respect to juvenile justice

Racial Discrimination Committee (CERD)

yes

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes, (On a few occasions Committee members have visited states as individuals and given governments advice on writing reports or observed a situation at the request of an NGO).

Women’s Discrimination Committee (CEDAW)

yes (CEDAW members have travelled as a group, or in large numbers, to states parties for consultations or meetings concerning their work, such as the 2000 meeting held in Germany concerning their rules of procedure under the Optional Protocol)

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

yes (e.g. workshops, conferences; UNICEF funds ad-hoc participation of individual members); (Early in the Committee’s work, UNICEF funded a series of regional meetings with the participation of a large number of Committee members (members tended to split up into smaller groups and travel to different states during regional meetings; meetings held in respect of states at different stages in the reporting process; no one purpose of visits; generally said to promote awareness, enhance cooperation, monitoring progress, observe conditions directly): Ecuador (1992), Asian Region 1993 (Bangkok, Vietnam, Philippines, Thailand), African Region 1994 (Kenya, Ghana, Mali, Zimbabwe, South Africa, Cote d’Ivoire), South Asian Region 1995 (India, Pakistan, Bangladesh, Nepal, Sri Lanka), Northern African Region 1997 (Tunisia, Morocco, Egypt), Italy 1998)

Racial Discrimination Committee (CERD)

- the member proposes; ie initiative comes from members - lots of proposals are put forward and rejected; (e.g. the criteria for establishing what would be a national minority)

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

has only been one

Committee on the Rights of the Child (CRC)

yes, (topics arrived at in discussion among committee members, and with NGOs and UNICEF)

Racial Discrimination Committee (CERD)

no

Human Rights Committee

no, but usually approved

Economic, Social and Cultural Rights Committee

no

Women’s Discrimination Committee (CEDAW)

no, decided in working group two

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

N/a, (process just starting to develop)

Racial Discrimination Committee (CERD)

1 meeting per year

Human Rights Committee

about 6 meetings per year

Economic, Social and Cultural Rights Committee

2-3 meetings per year

Women’s Discrimination Committee (CEDAW)

not always being done; ad-hoc

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

6 meetings per year

Racial Discrimination Committee (CERD)

individual member has primary responsibility, together with committee members

Human Rights Committee

One member volunteers. Sometimes the secretariat assists with the drafting; the extent of the assistance depends on the individual member. The member consults external sources at his/her own discretion. They have generally chosen not to consult other treaty bodies. Drafts are then discussed and approved by the Committee as a whole.

Economic, Social and Cultural Rights Committee

The General Comments are written in different ways:

a) first draft may be written by committee members

b) first draft may be written by an NGO and given to a committee member who then takes it up with the committee

c) first draft is written by the secretariat who sends the draft to outside UN agencies for comment as well as to the committee

d) once there is a first draft a member takes responsibility for the General Comment

e) external sources are consulted on drafts

f) individual committee members are given the draft and asked for comment

g) the draft is discussed by the committee for approval

Women’s Discrimination Committee (CEDAW)

- open meeting (one) with NGOs during the session

- closed meetings: one member will do first draft, first draft is presented to next session of committee, worked on in working group - around 4 meetings, presented in third session of the committee, finalized in 3-4 committee meetings

Committee Against Torture (CAT)

one member prepares background paper, then is taken up by Committee itself

Committee on the Rights of the Child (CRC)

not yet decided; the suggested future process is:

- first draft by committee member

-rapporteur in charge and a working group 1-2 members, meet during the session,

- secretariat will work on it

- committee will consult experts, and other treaty bodies; possible that in some cases NGO could organize limited consultation with selected experts

- comes back to committee for discussion and approval

Racial Discrimination Committee (CERD)

open

Human Rights Committee

open

Economic, Social and Cultural Rights Committee

open

Women’s Discrimination Committee (CEDAW)

closed

Committee Against Torture (CAT)

closed

Committee on the Rights of the Child (CRC)

closed

Racial Discrimination Committee (CERD)

at the discretion of individual member

Human Rights Committee

This is up to the member with responsibility for drafting. In practice, they do consult external sources. Drafts are not always sent to other treaty bodies for comment. (e.g. General Comment on gender equality adopted March 2000 was not sent to CEDAW members for comment)

CHECK

Economic, Social and Cultural Rights Committee

yes, (Drafts have been sent externally for comments to NGOs, UN agencies, individual experts. Drafts are not sent to other treaty bodies for comment. (e.g. General Comment on the right to education adopted December 1999 was not sent to the Child Committee for comment)

Women’s Discrimination Committee (CEDAW)

is ad -hoc, but practice is to seek external input

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

yes, they will be

Racial Discrimination Committee (CERD)

1-2 sessions

Human Rights Committee

generally 6 sessions, or two years.

Economic, Social and Cultural Rights Committee

1-10 years

Women’s Discrimination Committee (CEDAW)

approximately 1-3 years

Committee Against Torture (CAT)

n/a

Committee on the Rights of the Child (CRC)

9 months (first one)

Racial Discrimination Committee (CERD)

on an ad-hoc basis, not systematically at end of the session, sometimes do not hold press conference at session

Human Rights Committee

yes, (The press conference usually takes place on the last day of the session. Attendance is less in New York than in Geneva. The press conference does not concern individual communications because they are normally not released until after the session (due to concerns that a member may choose to write an individual opinion, or over translation, or getting the decision first to the state party and the author.) Also have infrequent ad-hoc press conferences where interest in particular state report.

Economic, Social and Cultural Rights Committee

yes in theory, (on the last day of the session a press conference is scheduled when the concluding observations are released with the Chair and any member who wishes to go. But often press do not come, and recent meetings have cancelled press conferences.)

Women’s Discrimination Committee (CEDAW)

yes every two sessions, it highlights the trends observed but not the concluding observations which have not been released (on the second last day, the chair and two other members selected by the Chair, and the Bureau, and Angela King (Assistant Secretary-General and Special Advisor to the Secretary-General on Gender Issues and Advancement of Women)

Committee Against Torture (CAT)

yes, press conference is held at the end of the session (but it has been cancelled on occasion due to poor attendance)

Committee on the Rights of the Child (CRC)

yes in theory, (On the last day of one or two of the three annual sessions there will be a press conference with the chair and one member of the Bureau of the committee. None held in 2000.)

Racial Discrimination Committee (CERD)

occasionally

Human Rights Committee

yes if there is a considerable interest on a particular report

Economic, Social and Cultural Rights Committee

no

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

yes if interest in particular issue

Committee on the Rights of the Child (CRC)

During the sessions, if there is particular interest in one state, individual committee members have been interviewed after the consideration of the report. (The interaction is awkward because concluding observations have not yet been adopted. Also during the session the press sometimes follows the preliminary concluding observations made by members (if there is time) and the country rapporteur only (if less time) made directly following the dialogue. (Sometimes the committee has time to caucus in advance of making these oral comments, sometimes not.))

Racial Discrimination Committee (CERD)

no

Human Rights Committee

no

Economic, Social and Cultural Rights Committee

no

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

no

Racial Discrimination Committee (CERD)

no

Human Rights Committee

no

Economic, Social and Cultural Rights Committee

no

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

no

Racial Discrimination Committee (CERD)

of limited guidance

Human Rights Committee

The conclusions can be useful, but there have been few recommendations which were intended to be carried into effect.

Economic, Social and Cultural Rights Committee

generally no

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

generally no

Committee on the Rights of the Child (CRC)

no

Racial Discrimination Committee (CERD)

not usually

Human Rights Committee

generally no

Economic, Social and Cultural Rights Committee

generally no

Women’s Discrimination Committee (CEDAW)

generally no

Committee Against Torture (CAT)

occasionally

Committee on the Rights of the Child (CRC)

a few times, rarely

Racial Discrimination Committee (CERD)

yes

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes (but sometimes regional group within the committee selects a single individual, and the committee simply gives formal approval).

Committee Against Torture (CAT)

yes

Committee on the Rights of the Child (CRC)

yes

Racial Discrimination Committee (CERD)

yes

Human Rights Committee

it is taken into account, but not determinative.

Economic, Social and Cultural Rights Committee

no

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

no, geographic considerations are not a factor (e.g. has been an African 3 times, Asian once in history of the committee)

Racial Discrimination Committee (CERD)

no, (Some members have jobs which do not permit them to attend, eg. Foreign Minister of their country or on an international tribunal with a large number of meetings)

Human Rights Committee

no, (Secretariat keeps attendance and members do not get paid the per diem expense allowance for the time they are not there. The commitments of individuals are not taken into account in the election of members. Members have had jobs requiring them to miss substantial portions of meetings, e.g. their states Ambassadorship to the UN or a Special Rapporteur.)

Economic, Social and Cultural Rights Committee

The annual reports notes if a member attended only part of a session. If a member misses more than a ½ a day, they do not receive their per diem for that day.

Women’s Discrimination Committee (CEDAW)

yes, (new Rules of Procedure call for a member unable to attend meetings on an extended basis, or to carry out their functions other than through a temporary absence, to resign, and for the Chair to bring a failure to resign to the attention of the Secretary-General and in turn to the state party)

Committee Against Torture (CAT)

no, (but committee members very disciplined, call secretariat in advance, and has not been a problem)

Committee on the Rights of the Child (CRC)

no, (some members regularly miss part of the session because of their jobs)

Racial Discrimination Committee (CERD)

yes, (e.g. some committee members never serve as country rapporteurs)

Human Rights Committee

yes

Economic, Social and Cultural Rights Committee

yes

Women’s Discrimination Committee (CEDAW)

yes

Committee Against Torture (CAT)

somewhat (e.g. some members do more research as country rapporteurs)

Committee on the Rights of the Child (CRC)

yes

Racial Discrimination Committee (CERD)

no

Human Rights Committee

yes, (the Committee adopted specific “Guidelines for the exercise of their functions by members of the Human Rights Committee”)

Economic, Social and Cultural Rights Committee

no

Women’s Discrimination Committee (CEDAW)

no

Committee Against Torture (CAT)

no

Committee on the Rights of the Child (CRC)

no

Racial Discrimination Committee (CERD)

English, French, Spanish, Russian

Human Rights Committee

English, French, Spanish

Economic, Social and Cultural Rights Committee

English, French, Spanish, Russian

Women’s Discrimination Committee (CEDAW)

English, French, Spanish, Russian, Chinese, Arabic

Committee Against Torture (CAT)

English, French, Spanish, Russian

Committee on the Rights of the Child (CRC)

English, French, Spanish