States of Emergency - Centre for Policy Alternatives

has also issued guidelines regarding the form, content, and
procedure for the submission of these reports. 214 In terms of
Article 40 (4), the Committee is required to study the State report
and transmit its reports along with general comments to the State
Party and to ECOSOC. The Committee provides the State Party an
opportunity to introduce its report and answer questions
(including questions relating to follow up measures from previous
reporting cycles) prior to drafting and adopting its views on the
State report. 215
It has been pointed out that this approach of the Committee to the
reporting procedure has engendered a more constructive
relationship with State Parties. It seems to have encouraged States
to not only meet their obligations in respect of timely submission,
but has also enhanced the quality and completeness of their
reports, as well as the importance they place in responding to the
Committee’s invitations to present and clarify such reports.
However, there are several criticisms of the reporting procedure
that have emerged over the years. 216 Some of the more trenchant
of these relate to the neutral and general nature of the
Committee’s annual reports (Article 45), precluding the
opportunity to make State‐speciLic recommendations and
comments; the formal exclusion of NGOs and the limited role
played by the specialised agencies; and, in the light of the
Committee’s inability to independently enforce its views where
214
Rehman (2002), op cit., p.84 et seq.
215
McGoldrick (1991), op cit, p.100
216
Ibid, p.98 et seq.
132