Why NGOs should play a strategic role to treaty bodies

Aug 12, 2016

NGOs are now more than ever playing key roles and functions with these bodies.

By Isabella Bwiire

Treaty reporting is monitoring procedure established under the various instruments by which state parties have to report to a committee of independent experts appointed to monitor the implementation of the core international human rights treaties.

They are called "treaty bodies" because each is created in accordance with the provisions of the treaty which it oversees. In many important respects, they are independent of the United Nations system, although they receive support from United Nations and report of the General Assembly-also referred to as the "committee" or "treaty -monitoring body.

The UN Treaty system, including the International Treaties and their Treaty Monitoring Bodies is at the core of International Human Rights system. There are regional systems like the African Union (AU) which also model the UN system. Treaties set international standards for the promotion and protection of human rights. States subscribe to these standards by becoming party to treaty.

In doing so, they undertake obligations to take adequate steps to ensure that all people subject to their jurisdiction can enjoy those rights set out in that treaty. These Bodies assist State Parties to meet their Treaty obligations by monitoring the State's implementation of the Treaty at the national level and recommending further action.

NGOs are now more than ever playing key roles and functions with these bodies and their participation is not only welcome/acceptable but also actively encouraged inspite the tremendous work done by NGOs, their work has international legal recognition. Article 71 of the UN provides that the Economic and Social Council (ECOSOC) may make suitable arrangements for consultation with NGOs. No similar legal recognisition exists under any other instrument.

Stakeholders can agree to raise pertinent issues including focusing attention on the moral and ethical dimensions of decisions in the public sphere, expand resources and skills, challenge basic assumptions and priorities and protest unfair decisions.

One of the mechanisms in place for monitoring treaty compliance by state parties is the requirement under every treaty for the state party to submit a periodic report to concerned bodies outlining the progress made and challenges facing the state party in the implementation of the treaty. Treaty reporting obligations push states to analyze their own success and identify areas that need improvement.

In preparation for Uganda's assessment at the 26th session of the United Nations Human Rights Council's Universal Periodic Review (UPR)NGOs are advised to concentrate their efforts and speak with one voice, the more NGOs cooperate and intensify dialogues among themselves, the stronger they can present their issues vis-à-vis experts and government representatives. Since all human rights organizations are pursuing the same agenda, it is imperative that they put human rights cause above to achieve a common goal.

This partnership takes two main roles; getting involved in the preparation of a periodic report of a state party and focusing on enumerating the success and achievements made in living up to the commitments in the treaty or may gloss over areas of concern and ignore areas that have implications for a minority of population.

Dialogue between State parties and Treaty Bodies is at the heart of the reporting process. However, it's not always easy for the treaty bodies to verify the truth. Many rely on additional informational from other sources. To this end the media play an important role, but even more important is the information provided by Non-Government Organizations. Further maintaining an NGO presence at government negotiations creates pressure that misleading claims will be contradicted.

One of the key roles of NGOs is, therefore, to systematically collect first hand information, and then develop and give alternative accounts on human rights situations. NGOs are better placed to gather and supply information which can inform the debate between the treaty body and the state and strengthens the capacity for the universal promotion and protection of human rights.

In conclusion, under the international human rights regime, states are authorized framers and principal addresses of International Law. They are the principal duty bearers in terms of obligations and the principal culprits where human rights are violated. The formal Legal status of NGOs is barely recognised, in spite of this, the influence that NGOs have, cannot be understated. Essentially, NGOs have been the propelling force behind much of the development in human rights protection since the 2nd World War.

Treaty reporting is therefore one of the key means of ensuring accountability from the state for its human rights commitments and lawlessness and it's a way to gauge the progress being made in terms of respect for human rights. It is the only opportunity when government voluntarily subject themselves to a review on their human rights records. Inspite the limited legal scope, NGOs can have access to each of these Treaty Monitoring Bodies and strive to utilise these opportunities directly/indirectly whenever possible.

The writer works with the Foundation for Human Rights Initiative

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