International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions 2.5. Interactive dialogue with the State All TMBs invite the State to meet with the TMB in open session to discuss the State report and more generally the State’s compliance with the obligations under the treaty. This interactive dialogue is constructive, not confrontational, and a means to enable the TMB to understand better the situation in the State and the challenges the State faces in fully implementing its treaty obligations. The dialogue assists the TMB to make its conclusions about the State’s performance and to formulate its recommendations to the State. During the dialogue, members of the TMB ask questions or make comments and seek responses from the State delegation. The dialogue is led by the TMB member who is rapporteur for the State, however all members of the TMB make comments and ask questions. The dialogue with each State usually takes place over two periods of three hours; six hours in total. The two periods will often be the afternoon of one day and the morning of the next, so that overnight the State representatives can gather additional information to respond to TMB members’ questions and the TMB members can consider the State’s responses and comments. States are encouraged to send to the interactive dialogue representatives who are qualified to answer the questions and discuss the issues raised by the TMB members. Geneva-based diplomats may not be sufficiently informed to be able to do so and so may be of limited assistance to the TMB. Many States send large delegations that may be headed by a Minister or another senior official and include political leaders and civil servants. The selection of individual representatives may be influenced by the list of issues and questions the TMB provides in advance so that there are persons in the delegation with the knowledge and expertise to address those issues and questions. The interactive dialogue is a public process that NHRI and NGO representatives may attend. The presence of an NHRI representative can promote a frank and honest exchange between the TMB members and the State delegation. The State representatives will be aware that their answers and comments are being listened to and reported back to the NHRI. The NHRI can also brief TMB members during the interval between the two periods of the dialogue, providing additional information as required. Some TMBs now permit NHRI representatives to make an oral presentation in the formal session. The TMBs for ICESCR, ICERD and CMW permit NHRIs to make their statements during the official examination of their State’s report, if the State delegation has no objections.222 These opportunities are not given to NGOs. In addition to these formal opportunities to assist the TMB, NHRI representatives who are present for the interactive dialogue can also have informal opportunities. For example, they can speak with TMB members during the breaks in formal sessions and at other times. The opportunities for informal contacts are considerable. 222 The procedure for the Committee on Economic, Social and Cultural Rights seems to be ad hoc rather than formalized. The procedure for the Committee on the Elimination of Racial Discrimination seems to be restricted to “A status” NHRIs. The procedure for the Committee on Migrant Workers adopted at its 36th meeting (fourth session) seems to be to allow any NHRI as long as the reporting State does not object. Chapter 11: Treaty monitoring bodies: Monitoring compliance | 75