International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions Chapter 12: Treaty monitoring bodies: Interpreting treaties KEY QUESTIONS • What is the role of the treaty monitoring bodies in interpreting treaties? • How do they undertake this role? • How can NHRIs contribute to this? 1. INTRODUCTION The second significant function of treaty monitoring bodies (TMBs) is assisting States parties to the human rights treaties to interpret and apply them. The treaties are usually drafted in fairly general terms and so the task of interpretation and application to the specific circumstances of States can be challenging. The views of the TMBs are not binding on States parties but advisory. Nonetheless, they are highly influential. They can assist NHRIs in their work to promote and monitor State performance of human rights obligations and to provide advice to the State on implementation. 2. GENERAL COMMENTS AND GENERAL RECOMMENDATIONS TMB views on interpretation are provided through statements called “general comments” in some TMBs and “general recommendations” in others.238 These statements can discuss the interpretation of a particular article of the treaty or a more general issue, such as the application of the treaty in respect of a particular population group or the nature of State obligations under the treaty. TMBs develop their general comments and general recommendations through an open, consultative process. Often a TMB will convene a day of thematic discussion of an issue of significance to the treaty as an initial consideration of the dimensions of the issue. NHRIs and NGOs are invited to participate in the day of discussion and contribute their views, based on their experiences. In this way, the experience of those working on the ground and matters of interpretation requiring clarification are brought to the TMB’s attention. After the day of discussion, the TMB may decide that the issue should be addressed through a general comment or general recommendation. In that case, it will appoint one or more of its members to take responsibility for the development of a draft and the draft will be released for public comment. At this point, NHRIs can again contribute by offering comments on the draft. Some general comments and general recommendations will go through several rounds of drafting and consultation before being adopted by the TMB. 238 The Human Rights Committee, the Committee on Economic, Social and Cultural Rights, the Committee against Torture, the Committee on the Rights of the Child, the Committee on Migrant Workers and the Committee on the Rights of Persons with Disabilities issue general comments. The Committee on the Elimination of Racial Discrimination and the Committee on the Elimination of Discrimination against Women issue general recommendations. The Committee on Enforced Disappearances has only recently been established and has foreshadowed that it will issue general comments in future. All the general comments and general recommendations are published together every four years. See: HRI/GEN/1/Rev.9 (Vol. II). Chapter 12: Treaty monitoring bodies: Interpreting treaties | 83