Preventing Torture An Operational Guide for National Human Rights Institutions
Treaty Body
Treaty
Examination
of reports
Individual
complaints
Committee on the Rights
of the Child
Convention on the Rights of the Child
(1989)
Yes
No
Committee on Migrant
Workers
International Convention on the Rights
of All Migrant Workers and Members of
Their Families (1990)
Yes31
Article 77
Subcommittee on
Prevention of Torture
Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman
and Degrading Treatment (2002)
No
No
Committee on the
Rights of Persons with
Disabilities
Convention on the Rights of Persons with
Disabilities (2006)
Yes
Optional
Protocol
Committee on Enforced
Disappearances32
International Convention for the
Protection of All Persons from Enforced
Disappearances (2006)
Yes
Article 31
1.1. Role of NHRIs in the treaty body reporting procedure 31 32
Each treaty establishes a reporting procedure which requires States parties to regularly present a report
on their compliance with, and implementation of, their treaty obligations. Some treaty bodies have presession meetings during which they adopt a list of questions that the State will be required to answer.
The report is then examined during a public session of the treaty body, in the presence of a delegation
of the State party, which considers all information provided by the State and information received from
other sources. Based on this process, treaty bodies adopt concluding observations, which refer to the
positive aspects of the State’s implementation and areas where they recommend the State to take
further action.
1.1.1. Pre-reporting procedure
NHRIs can play an important role in the pre-reporting process. In particular they can discuss the reporting
process with their Government and help ensure that the State’s report is submitted on time.
The Uganda Human Rights Commission included in previous annual reports a list of overdue
reports to United Nations treaty bodies. As this backlog was the result of a lack of Government
resources, the Commission, OHCHR and UNDP worked cooperatively with the authorities to
build their capacity to prepare the reports.
1.1.2. Reporting procedure
The role of NHRIs in the reporting procedure can differ from one treaty body to another. However, as a
minimum, NHRIs can:
• submit their own independent report on the State’s compliance with, and implementation of, the
treaty
• attend the session when the State reports to the treaty body.
31
The individual complaints procedure has not yet been accepted by a sufficient number of States Parties to make it operational
(February 2010).
32
This Committee has not yet been established (February 2010).
64 | Chapter 7: Cooperating with international mechanisms