16 S e cti o n ON E – GENERAL the resulting commitments. There are a variety of ways in Universal Periodic Review which the performance of states is monitored. In 2007, the United Nations Human Rights Council agreed to a new package of procedures to complement the Reporting standards A state’s treatment of its citizens can be the subject of legitimate enquiry by a UN body. The major way this is done is through the treaty reporting process. Most older reporting mechanisms. The most significant was the introduction of the Universal Periodic Review (UPR) mechanism, which is designed to review the human rights performance of member states in a way that ensures treaties provide for international review of a country’s universality of coverage. The UPR is a regular, inclusive performance by a United Nations Committee of Experts. process that assesses the human rights situations of The committee’s reports provide an indication of how well individual UN member states. It provides an opportunity a country is observing its international obligations. Non- for each State to declare what actions they have taken to compliance can attract the censure of the United Nations. improve the human rights situations in their countries and fulfil their human rights obligations, as well as commit to Complaints to UN bodies Some of the treaties are supplemented by optional protocols. These create a mechanism to allow individuals to make complaints directly to the relevant UN body about a breach of the treaty if they have exhausted their domestic remedies. The ICCPR, for example, requires states to ensure that a person has an effective remedy for a violation of the covenant. 11 The optional protocol to ICCPR therefore allows individuals to complain directly to the UN Human Rights Committee about the violation of an ICCPR right. In 2008, after lengthy deliberation, a broadly similar complaints procedure in relation to ICESCR further improvements. The process involves a state-tostate peer review, based on a dialogue that is intended to be co-operative and constructive. Civil Society and National Human Rights Institutions As the process of reporting has developed, provision has been made for a greater role to be taken by civil society organisations (CSOs) and, more recently, NHRIs. They may provide ‘shadow’ or ‘parallel’ reports to a treaty body and to the UPR process, and meet with representatives from the relevant committee before or during the course of dialogue sessions. They may also be invited to take part in discussions around particular themes. CSOs and NHRIs was adopted by the General Assembly. The optional can facilitate domestic discussion during the preparation protocol to the CAT establishes a process for monitoring of the state report, influence the ‘list of issues’ prepared places of detention at national and international level. by the committee, advise on what might be included in The intention of this is to prevent torture by providing the concluding observations, and monitor their implemen- objective assessments and enabling dialogue between tation nationally. 14 visiting experts and states’ parties. 12 Despite the strengths of the UN system, the proliferation Special procedures of treaties and ratifications without increases in funding There are also ‘special procedures’ which deal with means that the system is in need of reform. This would specific issues or thematic matters. They may be indivi- ensure that it is more effective in protecting human rights duals (known as special rapporteurs or special representa- at the domestic level, and there is greater congruence in tives) or a working group of up to five people, and are designed to promote and ensure compliance with humanrights standards. 13 the work of the treaty bodies themselves. 15 In 2009, a group of past and present representatives of the treaty bodies issued the ‘Dublin Statement’ on the strengthening 11 ICCPR, Article 2(3)(a) 12 Ministry of Foreign Affairs and Trade (2008), p 53 13 Ministry of Foreign Affairs and Trade (2008), p 31 14 Bedggood M (2010), ‘The International Law Dimension of Human Rights in New Zealand’, in Bell S (ed), Brookers Human Rights Law (Wellington: Brookers), para IHRL3.04 15 O’Flaherty M (2010), ‘International treaty body reform should protect human rights on the ground’, HRLRC Bulletin, 51, pp 1–3