Part II: Preventing torture: NHRIs in action
• attend the interactive dialogue between the treaty body and the State party.
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 (also 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 closed and private meeting with the treaty body, in person or through
videoconference
• submitting information to assist with drafting the written list of issues sent to the State before
the session
• making a statement during the plenary session
• meeting with members of treaty bodies outside the official meeting hours, for example during
lunch breaks, in person or through telephone or videoconference
• publicising the webcasting review session.
More and more sessions are live webcasted and NHRIs can organise public sessions at the national level
to raise awareness and publicise the review, the questions and the answers by the State delegation.
NHRIs from all regions have been increasingly involved in treaty body processes. In its 2019 report to
the General Assembly on NHRIs, the UN Secretary General noted that, between September 2018 and
July 2019, 59 NHRIs submitted information and 38 provided briefings to the treaty bodies.106 Treaty
bodies are also increasingly using new technologies such as video conferencing when NHRIs cannot
travel to Geneva.
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.
Treaty bodies have developed follow up procedures. Several request mid-term information or report
on the implementation of recommendations issues in their concluding observations. Some treaty
106
UN Secretary-General’s report to the General Assembly on national institutions for the promotion and protection of
human rights, A/74/226, 25 July 2019, para. 73.
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