Report - Office of the High Commissioner on Human Rights

– The State meets with <strong>the</strong> Committee - NGOs cannot attend discussions between <strong>the</strong> treaty body
and <strong>the</strong> delegation;
– The committee issues its concluding observations and recommendations, which represent <strong>the</strong>
most salient <strong>of</strong> <strong>the</strong> Committee’s findings, and may also reflect <strong>the</strong> recommendations and input
<strong>of</strong> NGOs;
– The concluding observations/recommendations can subsequently be used by NGOs for
lobbying <strong>the</strong>ir government.
It is also important to consider <strong>the</strong> Vienna Convention on Treaties, which serves as a guide for <strong>the</strong>
application <strong>of</strong> international treaties. Article 27 <strong>of</strong> <strong>the</strong> Vienna Convention provides that “a (State) party
may not invoke <strong>the</strong> provisions <strong>of</strong> its internal law as a justification for its failure to perform a treaty”.
On this basis, international covenants and conventions can be used to override contradictory domestic
laws.
b. NGO Parallel <strong>Report</strong>ing to Treaty Bodies
Key tips to follow when preparing a parallel report:
– Adhere to <strong>the</strong> treaty body’s instructions in preparing a parallel report (check for <strong>the</strong> relevant
requirements on <strong>the</strong> UN website);
– Propose practical suggestions and solutions to <strong>the</strong> problems <strong>of</strong> implementing <strong>the</strong> covenant
obligations;
– Ensure <strong>the</strong> report does not exceed 20 pages and includes an executive summary;
– If possible, give your report in one <strong>of</strong> <strong>the</strong> four treaty body languages (English, French, Spanish,
Russian);
– Submit <strong>the</strong> parallel report once <strong>the</strong> government report has already been submitted;
– Provide at least one copy <strong>of</strong> <strong>the</strong> report per Committee member, plus two additional copies for
security;
– Include a letter introducing <strong>the</strong> report and request an opportunity to present it during <strong>the</strong> NGO
meeting prior to <strong>the</strong> sessions devoted to <strong>the</strong> interactive dialogues with States Parties.
NGOs can play a role in informing <strong>the</strong> substantive content <strong>of</strong> human rights, through engaging with
<strong>the</strong> treaty committees. NGOs’ input can also increase <strong>the</strong> relevance <strong>of</strong> standards on <strong>the</strong> ground, as
<strong>the</strong> following examples show:
Santa Domingo - Local community based-organisations worked with Habitat International
Coalition to produce a parallel report highlighting cases <strong>of</strong> forced eviction for <strong>the</strong> Committee on
Economic, Social and Cultural Rights. The forced evictions had been carried out in preparation
for <strong>the</strong> 500-year commemoration <strong>of</strong> Colombus’ invasion. In response to <strong>the</strong> NGO report, <strong>the</strong>
Committee issued <strong>the</strong> equivalent <strong>of</strong> a restraining order, and two Committee members visited <strong>the</strong>
country both as fact-finders and to provide technical advice to <strong>the</strong> government on how to conduct
<strong>the</strong> evictions appropriately. The media also played a strong role in publicising <strong>the</strong> process. As a
result, <strong>the</strong> homes <strong>of</strong> thousands <strong>of</strong> people were spared and a moratorium on evictions was put in
place for several years. However, since <strong>the</strong> government has changed, evictions have started again
in preparation for tourism-related development projects.
EXECUTIVE SUMMARY 19