International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions
Each TMB has issued its own guidelines for the treaty-specific document.215 In general they require
the State report to contain information relating to the State’s implementation of the specific treaty.216 In
their guidelines, some TMBs recommend that States take each article in the treaty in turn and report on
its implementation. Others group related articles and require reporting on the implementation of each
group. Some TMBs have separate guidelines for initial and periodic reports.
The Human Rights Committee has begun a practice of identifying in advance key articles in the ICCPR
or issues arising under the ICCPR and requiring States to report only in relation to those articles or
issues.217 This practice is not being applied to initial reports of States parties or to periodic reports already
sent to the Committee for consideration or when the Committee deems that particular circumstances
within a State warrant a full report.218
If possible, the CCD should not exceed 60 to 80 pages; initial treaty-specific documents should not
exceed 60 pages; and subsequent periodic documents should be limited to 40 pages.219220
The preparation of the State report is a State responsibility. It should not be
assigned to an NHRI. Unless the State itself takes on full responsibility for
the report, it will not be committed to the contents of the report. However,
the NHRI can and should “contribute” to the State report “with due
respect for their independence”.220 The Paris Principles see this as a core
responsibility of NHRIs. The requirement of respecting the independence of
the NHRI implies that the NHRI should contribute in an advisory capacity,
without taking the State’s responsibility for determining the content of the
report and without detracting from the NHRI’s ability to present its own
information to the particular TMB.
After receiving the State report, the TMB may set the date for its interactive dialogue with the State and
a timetable for the period up until then. The timetable can include deadlines for the submission of other
information; the preparation of the list of issues and questions; formal written responses to the list of
issues and questions; and any other preliminary steps. The NHRI should ensure that it is aware of any
timetable so that it is able to participate effectively at each step, should it decide to do so.
2.2. Preparation and submission of other information
A TMB has little capacity of its own to gather information and analysis as part of the review of a State’s
compliance with a human rights treaty. It therefore has to rely on information provided by others. UN
agencies provide important information but most of the material submitted to a TMB, apart from the
State report, comes from the NHRI and from NGOs.
215
HRI/GEN/2 contains the treaty specific guidelines of each TMB. It is updated regularly.
216
HRI/MC/2006/3; para. 60.
217
CCPR/C/99/4.
218
CCPR/C/994.B.
219
HRI/MC/2006/3; para. 19.
220
Paris Principles; para. 3(d).
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