Part II Preventing torture: NHRIs in action | Section III Acting as a control mechanism State reports and shadow reports NHRIs may contribute information for inclusion in the State’s reports to treaty bodies. Increasingly treaty bodies expect that NHRIs will be consulted in the preparation of reports by States parties. However, NHRIs should refrain from preparing a report on behalf of the State, as it is crucial that they do not compromise their standing as an independent, oversight body. NHRIs can also draft an alternative report (known as a “shadow report”) and submit this directly to the treaty body. NHRIs might also include comments on the report prepared by the Government, if there is sufficient time to do so. State reports are supposed to be made public six weeks before the treaty body meets. A shadow report can follow the structure of the Convention, considering each article and highlighting areas of progress or concern regarding implementation of its provisions by the State. It can also focus on particular issues. However, the report should be balanced and consider both positive and negative developments. If the Government has taken constructive steps towards the promotion and protection of human rights, these should be acknowledged. Shadow reports should also suggest questions and issues that the treaty body can raise in discussion with the State, as well as propose recommendations that the treaty body could consider making to the State in its concluding observations. Other possible contribution Some treaty bodies allow NHRIs additional opportunities to participate in the reporting process, such as: • holding a private meeting with the treaty body The Office of the Public Defender (Ombudsman) of Georgia participated in a meeting with the Human Rights Committee in November 2007. • submitting information to assist with drafting the written list of issues sent to the State before the session Defensor de Pueblo de Bolivia submitted a report regarding the list of issues prior to a session of the Committee on Migrants Workers in November 2007. • making a statement during the plenary session In August 2005, the Zambian National Human Rights Commission made an oral presentation to the Committee for the Elimination of Racial Discrimination, a practice followed by other NHRIs (Northern Ireland, 2005; South Africa, 2006; Republic of Korea and New Zealand, 2007; Philippines, 2008). The recommendations proposed by the NHRIs had significant influence on the development of concluding observations. At a session of the Committee for the Elimination of Discrimination against Women, the Northern Ireland Human Rights Commission was allocated a specific time slot after the NGO session and was provided with different seating arrangements from State and NGO delegations. 1.1.3. Follow-up to the reporting procedure NHRIs have a key role to play in the follow-up to the reporting process. They can translate, publish and disseminate the concluding observations adopted by the treaty bodies. They can also encourage the Government to implement the recommendations made by the treaty body, as well as monitor the Government’s progress in this area. Chapter 7: Cooperating with international mechanisms | 65

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