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