Academics want UN Treaty Bodies to become ‘fit for purpose’

May 9, 2018

The Geneva Academy’s new publication Optimizing the UN Treaty Body System outlines a series of recommendations related to the functioning of United Nations Treaty Bodies (UN TBs) to prepare for the upcoming review of UN TBs by the UN General Assembly in 2020. ‘While the last words will remain with states and TBs members, this report can provide a basis for negotiations and the blueprint for future changes’ underlines Felix Kirchmeier, co-coordinator of the Academic Platform on Treaty Body Review 2020.

This work is the outcome of a three-year consultative process to collect academic inputs and ideas via the creation of an academic network of independent researchers, a call for papers, a series of regional consultations, annual and expert conferences, as well as ongoing interactions with key stakeholders: states, treaty bodies, national human rights institutions, civil society organizations and the Office of the UN High Commissioner for Human Rights and other parts of the UN. ‘The issue of TBs’ reform is almost as old as the system itself: many proposals that are on the table today were already formulated before. Our academic contribution takes these proposals out of their political context by analysing them, their relevance, their likelihood to be implemented and the possible need for updates’ adds Felix Kirchmeier.

The final objective of the publication and of the entire process is to make the TB system ‘fit for purpose’ by outlining measures to optimize its functioning, effectiveness and efficiency while safeguarding its key protection role and maintaining the existing legal framework.

‘While the publication provides several detailed recommendations, it notably call for a consolidated state report and a single review, or a semi-consolidated state report and two clustered reviews; the implementation of incremental changes in the TBs working methods; and a consolidation of TBs’ structure in terms of membership, as well as financial and substantial support’ underlines Kamelia Kemileva, Executive Manager at the Geneva Academy and co-coordinator of the Academic Platform on Treaty Body Review 2020.

The 45-page study contains many interesting ideas and I copy here only one of particular interest which is to improve the system’s accessibility and visibility:

To meet its purpose, TB output must be accessible and visible. Many contributors expressed concern on this account. Modern technology offers easy solutions, some of which have been implemented but could be taken further.

Contributors unanimously welcomed the webcasting of country examinations and consider it an important improvement. However, they recommended that webcasts should be broadcast and archived in all working languages, as well as the language in which the review is held – the only one that is available at the moment. They also suggested that webcasts should be easier to access via links on the OHCHR home page in each country and via each committee’s session web page.

Many contributors also called for a readily accessible, up-to-date, comprehensive database of TB jurisprudence. It was noted that information on TB findings is currently hard to find (when available), that the database is incomplete, and that decisions are not always available in all UN official languages. Accessing and understanding TB jurisprudence remains a challenge for all stakeholders – whether they are victims of human rights violations, TB members, states, national and regional human rights mechanisms, civil society organizations, or scholars.

Contributors recommended that more user-friendly fact sheets and jurisprudence summaries should be prepared to disseminate TB findings and other important developments.

To increase visibility, contributors proposed maintaining dedicated pages on social media platforms. This would bring TBs’ work to the attention of larger audiences, assist Committees to update information on their activities, and create followers. More generally, the system’s achievements and impact on rights-holders should be better documented and publicized.

(my earlier posts on TBs include: https://humanrightsdefenders.blog/2014/05/06/the-outcome-of-the-treaty-body-strengthening-process-workshop-on-9-may-2014-in-geneva/ and https://humanrightsdefenders.blog/2016/10/18/on-24-october-there-is-a-side-event-in-ny-on-the-implementation-of-human-rights-treaty-body-recommendations/ as well as https://humanrightsdefenders.blog/2015/02/17/treaty-bodies-case-law-database-saved-and-resurrected-by-un/)

———–

https://www.geneva-academy.ch/news/detail/121-optimizing-the-un-treaty-bodies-system

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s

%d bloggers like this: