International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions NHRIs can be both contributors to and beneficiaries of the development of general comments and general recommendations. They can contribute by: • proposing to a TMB the need for an interpretative statement on an article or issue arising under a treaty • participating in the days of discussion held by TMBs • commenting on draft general comments and general recommendations released by the TMBs • advising key government officials and NGOs when a new general comment or general recommendation is adopted by a TMB and what the implications of it are for the country. NHRIs can benefit from the development of general comments and general recommendations because of the assistance these statements provide in understanding and applying the terms of the treaty domestically. NHRIs are, or should be, the domestic experts on human rights and international human rights law and they need and want to be fully informed about the law and its application. General comments and general recommendations therefore inform the work of NHRIs and add authority to their views and their advice to the Government. 3. OTHER MEANS OF INTERPRETATION TMBs also assist interpretation of treaties through their concluding observations and recommendations on State reports. Issues of interpretation and application of a treaty often arise in the course of monitoring State performance and the TMB may decide to comment on the issue in the concluding observations. For example, there may be disagreement within a State about whether the State’s practices of detention constitute arbitrary detention or inhumane detention and the TMB, in its examination of the State, can decide to comment on this issue. An NHRI can raise these issues for the attention of the TMB and seek its views. The NHRI can then promote the TMB’s views domestically, applying them in its own monitoring and investigations work. KEY POINTS: CHAPTER 12 • Treaty monitoring bodies are the most authoritative interpreters of the treaties for which they are responsible. • They offer their interpretations through their general comments or general recommendations, their concluding observations on their examination of State compliance and their jurisprudence on individual complaints. • NHRIs, regardless of accreditation status, can contribute to the development of general comments and general recommendations by participating in general discussions of legal issues arising under the treaties convened by the treaty monitoring bodies; commenting on drafts of the general comments or general recommendations; and providing comments in the context of the treaty bodies’ monitoring functions. 84 | Chapter 12: Treaty monitoring bodies: Interpreting treaties