3.6.1 Treaty Bodies

The ten core UN human rights treaties establish treaty bodies to monitor the implementation of their respective instruments or treaties. Each is composed of ten to twenty-three elected experts representing all regions of the world and various legal systems. These bodies are serviced by OHCHR but are really independent. They adopt their own working methods and rules of procedure and take their own decisions.

Further information on core human rights treaties and their treaty bodies can be found in the Annex to Chapter 1.

Treaty Bodies review the implementation of the treaty or instrument by State parties that have ratified or acceded to it. To this end, States submit reports to Treaty Bodies on a regular basis according to the schedule set out in the Treaty. In addition to those reports, the Treaty Body will review information received from other sources. Following the review, the Treaty Body will issue “Concluding Observations” or “Concluding Comments” and suggest improvements to States about treaty provisions in their countries.

Given their obligations and in-the-field experience, NHRIs can improve the treaty reporting process by collaborating with State entities responsible for preparing reports, either by contributing to analyses, or reviewing and commenting on drafts. NHRI can also raise awareness on treaty bodies processes among other domestic actors, such as NGOs, professional groups, trade unions, academics, in order to encourage them to participate in the country reviews. NHRIs are increasingly playing a more direct role by providing information to Treaty Bodies. As a result, Treaty Bodies rely on NHRI input in assessing reports submitted by State Parties.

This is an area where UNCTs can support an NHRI in developing the capacity to assess and, where necessary, comment on State reports.16 In turn, NHRIs are encouraged to use the recommendations and comments of Treaty Bodies to inform their own Government, Parliament and the Judiciary so that these recommendations and comments are followed through on and that necessary measures are taken to make requested change, including in policy, legislation and programming.

Finally, NHRIs can have an important role in assisting the Government to identify sound and independent human rights experts that can be nominated by the State for treaty bodies elections.

Source: http://www.ohchr.org/EN/HRBodies/Pages/HumanRightsBodies.aspx

16 The responsibility for drafting country reports belongs to the State. Any expectation, therefore, that the NHRI should draft the reports themselves, due to lack of resources in the relevant state department or for other reasons, should be rejected.