How to Engage In Parallel Reporting

The reporting process can work in two ways: through the normal procedure or through the simplified procedure. The simplified procedure makes it easier for states to report, however it tends to narrow the scope of the review to a few selected issues (however, the Committees still issue some general observations on the implementation of the Treaty). States can choose to use the simplified procedure after undergoing at least one cycle (three in the case of CESCR) of reporting under the normal procedure.

The normal procedure works as follows:

1. The State submits a report to the relevant treaty body detailing progress towards implementation of the obligations set forth in the treaty.

2. Approximately a year later, civil society groups can submit parallel reports.

3. On the basis of reports received by state and civil society, the Committee decides on a List of Issues (LoIs) and specific questions – the most concerning points raised via parallel reporting – and requests written answers that the State should answer in writing. The LOI is decided by a pre-sessional working group (made up of Committee members) that meets before the actual session of the Committe.

4. Once the State has provided written replies, these are discussed in a constructive dialogue between the State, civil society groups, and the treaty body.

5. Taking into consideration the information submitted by both the State and civil society groups, as well as the constructive dialogue, the treaty body then issues a report with a set of recommendations (concluding observations) outlining what the State must do to respect, protect and fulfill the rights set forth in the treaty.

6. Several treaty bodies (including CEDAW and CESCR) have enacted a follow-up procedure to monitor the implementation of key concluding observations. Under this procedure, States to are requested to submit additional information within a set period of time (24 months in the case of CESCR) on a few key concluding observations which the treaty body deemed more urgent and attainable to achieve within the time frame. Civil society and national human rights institutions can also submit information at this stage.

^{Photo: CTI, UNCTAD Implementation Tool 3/2017}

There are three key stages where civil society groups can provide inputs and engage with treaty bodies:

1. Inform the selection of issues to be examined and questions for the state.

A key role that civil society groups play under the simplified reporting procedure is to provide information to the Committee for selecting issues that should be examined in the review. The selection takes place during pre-sessions held usually a few days apart from the main Committee session. This stage is important because it sets the agenda of what comes later, i.e. on what states will be asked to report about, and consequently the focus of the concluding observations that the Committee will issue. The Committee has a small degree of flexibility to add new issues at a later stage, but generally speaking if an issue is not included in the LOIPR, it is unlikely that it will be examined during the review.

Civil society can submit information ahead of the pre-session and participate at the pre-session (either remotely or in person).

> When submitting information for the list of issues it is important to make a case for why the Committee should focus on these issues (e.g. are they serious human rights violations? Who do they affect and how?). It is not so important to provide a detailed or comprehensive picture of a problem, but rather it is preferable to focus on narratives and lived experiences of people affected by a specific issue (see more below).

Reports for the pre-session should focus on information particularly relevant to the adoption of the LOIs or the LOIPRs and should usually be submitted between 10 and 8 weeks before the beginning of the pre-sessional working group. Each UN Treaty Body webpage includes information on parallel reporting, including word limits. Reports to CESCR should be submitted online and more information is available here.  

> Participating in pre-sessions is a great way to engage directly with Committee members. It provides the opportunity to address potential questions that may arise from the written information submitted and ensure that specific issues are included in the LOIs and, therefore, discussed with States. It is also possible to make oral statements in person during the first morning of the pre-sessional working group meeting. Some Committees, such as CESCR, also allow organizations that have submitted a report to deliver a public statement at a public meeting dedicated to partners and/or organize a lunchtime briefing. It is also possible to make oral statements in person during the first morning of the pre-sessional working group meeting.

2. Input to the formal dialogue and inform concluding observations:

Similarly to the pre-session, civil society groups can also provide inputs and participate the constructive dialogue between states and treaty bodies. This is the core stage in the review of states. Committee members discuss with states on the basis of the reports submitted by states and civil society organizations (parallel reports). Following the dialogue, treaty bodies issue recommendations for states (concluding observations) to ensure respect, protection and fulfillment of the rights under the relevant covenant.

Civil society groups can play a key role in providing a narrative alternative to the one of the state, and countering the information provided by the state by submitting a parallel report ahead of the session and participating in session at the formal dialogue. Reports should be transmitted directly to the secretariat of the UN treaty body (for example, cedaw@ohchr.org), between 6 and 3 weeks before the session. Each UN Treaty Body webpage includes information on parallel reporting, including word limits. Reports to CESCR should be submitted through an online platform and more information is available here. The next chapter of this guide will focus on how to develop a parallel report.

Similarly to pre-sessions, civil society groups can participate to the formal dialogue in person or via videoconference. During the formal dialogue it is possible to make oral presentation on issues that are being discussed, particularly to provide an alternative or different view on how these issues affect certain groups. Along the formal dialogue, groups can also arrange lunchtime briefings – these are more informal and can be used brief committee members about a specific issue or country.

Here are some tips for planning participation in pre-sessions or sessions:[4]

• Get in touch with ESCR-Net members based in Geneva who can help you identify key treaty body members, other civil society allies, as well as provide guidance and suggestions on how to participate effectively; 
• If you can travel to Geneva, either for the pre-session or session of the treaty body, try to organize a briefing with treaty body members covering your issue. Generally, a group of three or four experts are in charge of specific rights;
• If you cannot travel to Geneva, you may be able to participate via videoconference. To do so, you need to get in touch with the Office of the High Commission of Human Rights (OHCHR) Secretariat who coordinates and support the work of treaty bodies. Please keep in mind that videoconference may not always be possible due to technical challenges; and
• Engage with journalists to encourage coverage of the issue during the session and publish a press release highlighting the concerns and recommendations made by the experts in their concluding observations.

During the parallel reporting process, it can be helpful to think about how affected communities, and others in solidarity with them or in similar situations, might strategically use and build on the treaty body recommendations over time. For example, human rights advocates use concluding observations to lobby for change on a national level, to support strategic litigation, and to educate and mobilize communities around key issues.

Generally speaking, an effective implementation strategy would include the following:

• Develop a collective strategy to monitor the implementation of the recommendations. Working collectively can add pressure on the government to implement the recommendations as well as establish consensus among civil society groups around specific issues. Establishing a collective or alliance of groups can also open up opportunities for directly engaging with the government in the implementation of recommendations.
• Use existing follow-up procedures to hold States accountable for the progress in implementing key observations one to two years after the reporting process (see below).
• Raise awareness of the treaty body system with civil society organizations and encourage them to use the concluding observations and recommendations in their own advocacy.
• Write to, or meet with, state representatives in charge of the issue to discuss the measures they plan to take to respond to the issue. This is more effective in partnership with other organizations.
• Engage with parliamentarians and encourage to them to question the government and relevant governmental bodies.
• Raise awareness in the media by contacting journalists and making them aware of developments.