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JAN LHOTSKÝ
CYIL 5 ȍ2014Ȏ
for maintaining focus on specific human rights, the reform proposal did not gain
enough support.
3.2 Treaty Body Strengthening
Based on experience and bearing in mind the need to improve the system, the
subsequent High Commissioner did not promote a ‘reform’ but in 2009 initiated
a wide range of consultations that she called a ‘strengthening’. After some twenty
negotiations with various stakeholders, in June 2012 she issued a report named
Strengthening of the United Nations Human Rights Treaty Body System
17
in which she
presented her proposals that were based on the more than two-year-long consultations
and were therefore regarded as generally acceptable.
The principle recommendation of the report was to introduce a ‘comprehensive
reporting calendar’ to achieve higher cooperation by states parties in submitting reports
and taking part in the review. Nowadays the schedule for the review of a state report is
set after the submittal of the report. This means that, if a state does not cooperate, the
review is postponed, often for many years. To avoid this, a fixed comprehensive
reporting calendar based on a 100% rate of compliance should be introduced,
according to which all states parties would know well in advance when the state will be
reviewed, and it would be reviewed even in the absence of a report. The calendar would
be based on a five-year cycle, which means that the states parties would have to submit
for different treaty bodies a maximum of two reports per year.
18
Among other proposals there is a recommendation to use a ‘simplified reporting
procedure’. This means that prior to the elaboration of the report the treaty body
informs the state which issues it will concentrate on, and the replies of the state
constitute a state report. By implementing this procedure, which is already being
used by the Human Rights Committee,
19
the report would be more focused and the
whole review time- and cost-saving.
The report also contained a number of other recommendations, from which it is
appropriate at least to mention the following – a strict adherence to page limitations,
reducing translations of summary records, more focused treaty body concluding
observations, creation of a joint treaty body working group on communications,
supporting capacity-building activities relating to reporting, introducing webcasting
and videoconferencing to enhance the visibility and accessibility of treaty bodies at
the country level, establishment of a treaty body jurisprudence database on individual
cases and strengthening of an implementation by follow-up procedures in all treaty
bodies.
20
17
Report of the High Commissioner for Human Rights A/66/860 of June 2012.
18
Ibid
., p. 37-46.
19
This procedure has been used in the Human Rights Committee under the name
List of Issues Prior to
Reporting
(LOIPR).
20
For analysis of the particular recommendations contained in the report, see Egan, Suzanne. Strengthening
the United Nations Human Rights Treaty Body System.
Human Rights Law Review
(vol. 13, no. 2, 2013),
p. 209-243.