International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions Chapter 11: Treaty monitoring bodies: Monitoring compliance KEY QUESTIONS • How do the treaty monitoring bodies monitor compliance with the treaties? • What is the process by which States parties are examined on their compliance? • What are the results of the examination of States parties? • What roles can NHRIs play in the treaty monitoring bodies’ examination of compliance of States parties? • What are the roles of NHRIs as national implementation mechanisms under the Optional Protocol to the Convention against Torture and the Convention on the Rights of Persons with Disabilities? 1. INTRODUCTION The most important function of the treaty monitoring bodies (TMBs) is to monitor States’ compliance with obligations under the human rights treaties. Most of their work is monitoring and most of their meeting time is allocated to monitoring. They have three processes by which the monitoring function is performed: • the receipt and examination of State reports on implementation of the treaties and responding with conclusions and recommendations • reviews of the performance of States that do not submit reports • inquiries into particular situations of concern. NHRIs can assist the TMBs in many ways in each of these processes.211 In general, the opportunities for involvement are open to all NHRIs and not only to those with “A status” accreditation. 2. THE REPORTING PROCESS Every State party to a human rights treaty has an obligation to report periodically to the relevant TMB on its implementation of its obligations under the treaty.212 The TMB examines the report in the light of other information it receives, forms its own conclusions on the State’s achievements and deficiencies, and makes recommendations. The process is one of constructive dialogue with the State, not confrontation or judgement. Its purpose is to assist the State to improve its compliance with the treaty and its performance of its human rights obligations. 211 In November 2007, an international roundtable was held in Berlin to discuss the role of NHRIs and TMBs. The report of that roundtable provides guidance on their interaction. See: HRI/MC/2007/3; http://daccess-dds-ny.un.org/doc/UNDOC/GEN/ G07/403/62/PDF/G0740362.pdf?OpenElement. For an overview of NHRIs’ interaction with the TMBs, see Information note: NHRIs interaction with the UN Treaty Body System; National Institutions and Regional Mechanisms Section, OHCHR; 5 April 2011; http://nhri.ohchr.org/EN/IHRS/TreatyBodies/Pages/default.aspx. 212 See: ICCPR (article 40); ICESCR (articles 16–17); ICERD (article 9); CEDAW (article 18); CAT (article 19); CRC (article 44); ICRMW (article 73); CRPD (articles 35–36); CPED (article 29); Optional Protocol to the CRC on the involvement of children in armed conflict (article 8) and Optional Protocol to the CRC on the sale of children, child prostitution and child pornography (article 12). 70 | Chapter 11: Treaty monitoring bodies: Monitoring compliance