(http://www.un.org/rights/http://www.un.org/rights/HRToday/hrmm.

htm)
United Nations Human Rights Monitoring Mechanisms At the heart of the United Nations monitoring system are the two types of human rights monitoring mechanisms. The so-called conventional mechanisms refer to the specific committees formally established through the principal international human rights treaties. These "treaty bodies" monitor the implementation of the individual conventions by the States parties. Over the years, the United Nations has also developed an independent and ad hoc system of fact-finding outside the treaty framework, which is referred to as extra-conventional mechanisms or "Special Procedures". Independent experts report in their personal capacity as special rapporteurs or as members of working groups. Treaty Bodies (Conventional Mechanisms) Treaty bodies have been set up for the six core United Nations human rights treaties to monitor States parties' efforts to implement the provisions of the international instruments. The Human Rights Committee (HRC) monitors the implementation of the International Covenant on Civil and Political Rights. Composed of 18 independent experts of recognized competence in the field of human rights, the Committee was established when the Covenant entered into force in 1976. The First Optional Protocol, which entered into force together with the Covenant, authorizes the Committee to consider also allegations from individuals concerning violations of their civil and political rights. The Committee is also concerned with the Second Optional Protocol on the Abolition of the Death Penalty. The Committee on Economic, Social and Cultural Rights (CESCR) monitors the International Covenant on Economic, Social and Cultural Rights. Composed of 18 internationally recognized independent experts in the relevant fields, the Committee was established by the Economic and Social Council in 1985, nine years after the Covenant entered into force. Unlike the other committees, whose members are elected by the States parties to the respective convention and report to the General Assembly, the members of the Committee on Economic, Social and Cultural Rights are elected by ECOSOC, to which they report. The Committee on the Elimination of Racial Discrimination (CERD) monitors the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination. Composed of 18 independent experts, the Committee began its work when the Convention entered into force in 1969 and is the oldest treaty body. The Committee on the Elimination of Discrimination against Women (CEDAW), composed of 23 independent experts, has monitored the Convention on the Elimination of All Forms of Discrimination Against Women since 1981. The Committee Against Torture (CAT) monitors the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Composed of 10 independent experts, the Committee was established in 1987. The Committee on the Rights of the Child (CRC), composed of 10 independent experts, has monitored the Convention on the Rights of the Child since 1991.

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Special Procedures of the Commission on Human Rights (Extra-conventional Mechanisms) The ad hoc nature of the special procedures of the Commission on Human Rights allows for a more flexible response to serious human rights violations than the treaty bodies. Experts entrusted with special human rights mandates act in their personal capacity and are variously designated as Special Rapporteur, Representative, Independent Expert or, when several experts share a mandate, Working Group. They examine, monitor and publicly report to the Commission either on human rights situations in specific countries and territories or on global phenomena that cause serious human rights violations worldwide. Certain special mandates are also entrusted to the Secretary-General or his Special Representatives. While never originally conceived as a system, the nearly 50 country and thematic mechanisms that have been established thus far clearly constitute and function as an effective system of human rights protection. Country Mechanisms Currently, some 20 mandates monitor the human rights situation in specific countries, including Afghanistan, Burundi, Cambodia, the Democratic Republic of the Congo (former Zaire), Equatorial Guinea, Haiti, Islamic Republic of Iran, Iraq, Myanmar, Nigeria, Rwanda, Somalia, Sudan, and the former Yugoslavia. The General Assembly has established a Special Committee to Investigate Israeli Practices affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories. Thematic Mechanisms The General Assembly established a Special Representative of the Secretary-General for Children in Armed Conflict. The Commission on Human Rights established a Special Representative of the Secretary-General on Internally Displaced Persons and has created a number of important thematic mandates on: Arbitrary detention Contemporary forms of racism, racial discrimination, xenophobia, and related intolerance Effects of foreign debt on the full enjoyment of economic, social and cultural rights Effects of illicit dumping of toxic wastes and dangerous products on the enjoyment of human rights Enforced or involuntary disappearances Extrajudicial, summary or arbitrary executions Freedom of opinion and expression Human rights and extreme poverty Independence of judges and lawyers Religious intolerance Right to development Right to education Sale of children, child prostitution and child pornography Structural adjustment policies Torture Use of mercenaries and the right of peoples to self-determination Violence against women.

The Subcommission on Prevention of Discrimination and Protection of Minorities has also established a number of thematic mechanisms: There are Working Groups on: Communications (the 1503 Procedure reviewing individual complaints) Contemporary forms of slavery Indigenous populations
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Minorities.

The Subcommission has also appointed Special Rapporteurs and Independent Experts to conduct studies, including: Impunity concerning economic, social and cultural rights Impunity concerning civil and political rights Human rights dimension of population transfer Human rights and income distribution Traditional practices affecting the health of women and the girl child Systematic rape and sexual slavery during armed conflict Treaties, agreements and other arrangements between States and indigenous populations Human rights and states of emergency Privatization of prisons Freedom of movement Human rights and terrorism Human rights and scientific progress.

Thematic mandates are also entrusted to the Secretary-General, at the level either of the Commission on Human Rights or the Subcommission, including: Human rights in the context of HIV/AIDS Human rights and forensic science Human rights and mass exoduses Human rights and terrorism Rape and abuse of women in the areas of armed conflict in the former Yugoslavia Reprisals against persons cooperating with United Nations human rights bodies. ----------------------------------------------------oOo-------------------------------------------------------

Types of Institutional Mechanisms

(http://worldsavvy.org/monitor/index.php?option=com_content&view=article&id=612&Itemid=1059)

At the international and national level, formal organizations (or machinery) are needed to monitor and address violations of womens human rights. They are also needed to advance womens particular interests. These mechanisms are not statutes or laws, but rather provide the infrastructure to promote the implementation of declarations and policies made at various levels. International or Intergovernmental Level The United Nations Numerous agencies and bodies within the UN support the advancement of women. In addition to providing infrastructure for research, monitoring, media campaigns, and policymaking, the UN bodies also have as their mission establishing a structure that national governments could implement at the country level. Some UN bodies make grants to NGOs and to government agencies to implement best practices in womens empowerment. A sampling: The Human Rights Council The Human Rights Council (HRC) is the principal UN intergovernmental body responsible for human rights, replacing the former Commission on Human Rights. One innovative and effective tool implemented by the HRC is the Universal Periodic Review (UPR) mechanism, through which the HRC monitors the fulfillment by each of the UNs 192 Member States of their human rights obligations and commitments (including CEDAW) over a four-year cycle. Using the Complaint Procedure and Special Rapporteurs, the HRC often makes urgent appeals to governments regarding human rights violations. Third Committee of the General Assembly The large number of items on the General Assembly agenda has required that most items be delegated for discussion to six specialized committees. The Third
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Committee concentrates on agenda items relating to a range of social, humanitarian and human rights issues, specifically the advancement of women. The Committee adopts non-binding resolutions on human rights issues and recommends them to the General Assembly. Commission on the Status of Women The Economic and Social Council (ECOSOC) of the United Nations specifically established the Commission on the Status of Women (CSW), with the purpose of exclusively focusing on gender equality and advancement of women. Every year, representatives of Member States gather at United Nations Headquarters in New York to evaluate progress on gender equality, identify challenges, set global standards, and formulate concrete policies to promote gender equality and the advancement of women worldwide. The UN Population Fund The UNFPA is the largest internationally funded source of population assistance to developing countries, helping them improve their reproductive health and family planning services on the basis of individual choice, and formulating population policies that will support sustainable economic development. In its country programs, UNFPA gives special attention to the strengthening of national machineries for womens advancement, both at the governmental and the non -governmental levels. In Iran, for instance, UNFPA is supporting a program that strengthens the Bureau of Womens Affairs. The Funds assistance is used to provide nationwide gender sensitization training, which is undertaken to increase the involvement of women in policymaking at both the national and the provincial levels. UNIFEM Among other activities, the Womens Fund manages the UN Trust Fund to End Violence Against Women, the only multilateral grant-making mechanism that supports local, national and regional efforts to end violence against women and girls. National Level Individual Countries Many countries have established bureaus of womens affairs or special ministries devoted to the advancement of women. Many of these receive technical assistance and even funding from UN trust funds mentioned above.

Gender Budgeting
(http://worldsavvy.org/monitor/index.php?option=com_content&view=article&id=613&Itemid=1060) Experts agree that national, regional, and international institutional mechanisms need to be supported by gender budgeting, or the inclusion of a gender perspective in crafting budget expenditures. Many see gender budgeting as an avenue to more effective and efficient use of resources overall, because men and women use and value resources differently particularly important in this time of economic crisis. The European Parliament adopted a resolution on gender budgeting in 2003, calling on action by the European Commission to introduce this element into its own budgeting process.

Status of Current Institutional Mechanisms

(http://worldsavvy.org/monitor/index.php?option=com_content&view=article&id=614&Itemid=1061) Although progress has been made in establishing organizations whose purpose is the advancement of women, these institutions are often under-staffed, under-funded and marginalized, which severely hampers their effectiveness. Fragmentation is an issue, despite efforts to consolidate and coordinate multiple bodies. Institutional mechanisms are frequently not inclusive of all women and all gender concerns (see information on GFWs efforts in the Knowledge to Action section). Research is a current topic of particular concern, with experts advocating that international, national, and local statistics be disaggregated or broken down by gender so that the data will be more relevant in the planning and evaluation of programs. It is important to remember that many UN declarations and resolutions regarding discrimination against women are non-binding, even to those countries which have ratified them. Compliance can be investigated
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and publicized, but enforcement is tricky. The institutions charged with the advancement of women are thus often hamstrung by lack of meaningful authority.

What You Can Do (http://worldsavvy.org/monitor/index.php?option=com_content&view=article&id=532&Itemid=994) This section of the Monitor brings the information full circle and seeks to inspire further thinking about how individuals can make a difference with what often seem like complex and insurmountable issues. Most experts note that the term womens movement is misleading. Vice President of Programs Shalini Nataraj, of the Global Fund for Women, has said that the energy and activism associated with improving the global status of women is best captured in the plural: there are many womens movements. There are thus infinite access points for people who care to get involved. Activism occurs on many levels within families, communities, organizations, countries, and regions. Just as important as high level policymaking, legislation, and budgeting are the daily conversations and interactions that further understanding and awareness of womens issues and bring about change in values and attitudes. Here are some examples of ways to get involved: Educate the public about what gender equality is and why it matters. Help to dispel myths that suggest feminism is all about radical agendas, and explain that it is rather about realizing the potential of half the worlds population. Talk to friends, family, and colleagues. Tell them both the bad and the good news about the global status of women; include not only the statistics, but also the stories of courage and progress. Stand up when you witness gender discrimination, from verbal insults to denial of rights and opportunities. Use your political voice through voting and advocacy of policies that protect and promote the rights of women. Know what international bodies and your own local and national elected representatives are doing on these issues. Let them know what you think. Learn about U.S. policies that on the surface may not seem to be gender-focused, from trade to aid to defense expenditures. Understand how these, in fact, do impact women in this country and around the world. Pay attention to the root causes of gender inequality, not just its symptoms. Think systemically and not only in terms of humanitarianism or rescue. Work on the macro and micro level. Think empowerment, not victimhood. Volunteer your time working on important issues and connecting personally with individual women who are seeking to improve their lives. Be a tutor, a mentor, an advocate. --------------------------------------------oOo-----------------------------------------------Mechanisms derived from Specific Treaties (http://www.un-ngls.org/IMG/pdf/Final_logo.pdf) The implementation of the core international human rights treaties (mentioned above) that have entered into force is monitored by human rights treaty bodies. One of the treaty bodies key tasks is to conduct systematic in -depth reviews of the State Parties obligations under a particular treaty. The eight human rights treaty bodies are: 1. 2. 3. 4. The Human Rights Committee (CCPR) The Committee on Economic, Social and Cultural Rights (CESCR) The Committee on the Elimination of Racial Discrimination (CERD) The Committee on the Elimination of Discrimination Against Women (CEDAW)
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5. The Committee Against Torture (CAT) & Optional Protocol to the Convention against Torture (OPCAT) Subcommittee on Prevention of Torture 6. The Committee on the Rights of the Child (CRC) 7. The Committee on Migrant Workers (CMW) 8. The Committee on the Rights of Persons with Disabilities (CRPD) Each treaty body (or committee) comprises international independent experts (ranging from 10 to 23 individuals) who are nominated on the basis of their human rights expertise and moral authority, and elected for fixed, renewable terms of four years by States Parties. All of the human rights treaty bodies are serviced by the Treaties and Follow-up Unit of the Human Rights Treaties Branch of OHCHR in Geneva. A principal function of the treaty bodies is to examine reports submitted by States Parties in accordance with varying degrees of regularity (from every two to five years). In addition to State reports, treaty bodies may receive information on the implementation of treaty provisions from: UN agencies, funds and programmes; other intergovernmental organizations; national human rights institutions; and civil society actors, particularly NGOs, professional associations and academic institutions. After holding a dialogue with the State Party delegation, in which the States implementation of the relevant treaty is examined, treaty bodies produce what are generally called Concluding Observations, which set out the principal concerns and recommendations of the treaty body concerned. They also adopt general comments, through which they convey their interpretation of the content and application of the provisions of the various human rights instruments. Some committees have additional functions. These may include: the consideration of complaints from individuals claiming that their rights have been violated by a State Party; the initiation of confidential inquiries based on well-founded reports of serious, grave or systematic human rights violations of treaty provisions in a State Party; early warning procedures (which aim to prevent the escalation of existing problems in States Parties); and urgent action procedures (which aim to respond to problems in a State Party that require immediate action to prevent or limit the scale of serious human rights violations). Treaty bodies report to the General Assembly (with the exception of the CESCR, which reports to ECOSOC). The International Covenant on Economic, Social and Cultural Rights (ICESCR) is an exceptional case, as it does not explicitly provide for the creation of a treaty body, but gives ECOSOC a general mandate to monitor its implementation. ECOSOC established CESCR as an advisory body under the Covenant, but it has come to be regarded as a treaty body. NGOs and Treaty Bodies Any NGO working within the field of the human rights contained in a treaty can interact with treaty bodies and is not required to be in consultative status with ECOSOC in order to do so. There are a number of ways in which NGOs can contribute to the work of treaty bodies: Submitting written information and reports to treaty bodies; Working on follow-up to encourage implementation of treaty bodies concluding observations; and Providing information to relevant treaty bodies toward individual complaints, confidential inquiries, and the early warning and urgent action procedures. The rules and practices governing civil society interaction with the treaty bodies vary from one treaty body to another. Depending on the rules of the treaty body, NGOs and other civil society actors may participate in its sessions as observers. All the committees can be contacted through OHCHR in Geneva: [Name of the committee] c/o Office of the United Nations High Commissioner for Human Rights Palais des Nations 814, avenue de la Paix 1211 Geneva 10 Switzerland Tel: +41 (0)22 917 90 00 Fax: +41 (0)22 917 90 29 Useful Resource The United Nations Human Rights Treaty System: An introduction to the core human rights treaties and the treaty bodies (Factsheet No. 30) provides an in-depth overview of the Human Rights Treaties and Treaty Bodies. The Factsheet is available online in Chinese, English, Russian and Spanish: http://www.ohchr.org/EN/PublicationsResources/Pages/FactSheets.aspx.
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Other International Human Rights Mechanisms a. International Criminal Tribunals Faced with widespread violations of international human rights and humanitarian law in the former Yugoslavia and Rwanda in the early 1990s, the UN Security Council decided to establish two international criminal tribunals. The International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda were set up in 1993 and 1994, respectively. Their mission is to prosecute individuals responsible for genocide, crimes against humanity and other breaches of international humanitarian law committed in the territories of the former Yugoslavia since 1991 and in Rwanda between 1 January and 31 December 1994. Further information is available online: International Criminal Tribunal for the former Yugoslavia: http://www.un.org/icty International Criminal Tribunal for Rwanda: http://www.ictr.org b. The International Criminal Court The International Criminal Court (ICC), is another important human rights mechanism. It was established by a UN conference in 1998 which adopted the Rome Statute. The Statute entered into force in 2002. It is the first permanent international court with the authority to try individuals accused of genocide, war crimes and crimes against humanity. The ICC was established not as an organ of the United Nations but as an independent international judicial institution with a Relationship Agreement with the UN. The Court cooperates with the UN in many different areas, including the exchange of information and logistical support. Each year, the ICC reports to the UN Security Council and General Assembly on its activities. c. UN Specialized Agencies Mechanisms Some UN specialized agencies have put in place specific mechanisms to protect human rights in their respective fields of competence. Below are two examples. In 1978, the Executive Board of the United Nations Educational, Scientific and Cultural Organization (UNESCO) laid down a procedure for the examination of complaints concerning alleged violations of human rights in the Organizations fields of competence, namely education, science, culture and information. One of UNESCOs permanent subsidiary organs the Committee on Conventions and Recommendations (CR) undertakes this work. A complaint may be made against any Member State of the Organization. It is examined by the Committee in complete confidentiality with the cooperation of the government concerned until a friendly solution can be found to the case. The aim is to improve the lot of the alleged victims, not to condemn the governments concerned. Individuals and NGOs may submit complaints, whether they are themselves victims or whether they deem to have reliable knowledge of such violations. The victims are individuals (teachers, students, researchers, artists, writers, journalists, etc.) who, by virtue of their position and the activity reproached to them, come within UNESCOs fields of competence. Further information is available online: http://portal.unesco.org/en/ev.php-URL_ID=15243&URL_DO=DO_TOPIC&URL_ SECTION=201.html. Since it was founded in 1919, the International Labour Organization (ILO) has developed Conventions and Recommendations that cover a broad range of subjects concerning work, employment, social security, social policy and related human rights. The ILOs supervisory bodies the Committee of Experts on the Application of Conventions and Recommendations and the International Labour Conference Committee on the Application of Standards regularly examine the application of international labour standards in ILO Member States. Representation and complaint procedures can also be initiated against States that fail to comply with conventions they have ratified. A special procedure the Committee on Freedom of Association reviews complaints concerning violations of freedom of association, whether or not a Member State has ratified the relevant conventions. Further information is available online: http://www.ilo.org/global/What_we_do/InternationalLabourStandards/ApplyingandpromotingInternationalLabourStandard/ lang--en/index.htm.

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ENFORCEMENT MECHANISMS IN THE UNITED NATIONS (http://www1.umn.edu/humanrts/svaw/law/un/unenforce.htm) When a nation ratifies a treaty it undertakes both negative obligations (to refrain from actions that violate human rights) and positive obligations (to take affirmative actions to guarantee that human rights are protected). In order to ensure that governments are fulfilling both negative and positive obligations, the United Nations system includes a variety of enforcement mechanisms. Enforcement mechanisms are usually categorized by the type of UN body that receives communications or carries out the monitoring process. There are three broad categories of enforcement mechanisms: (1) charter-based mechanisms, such as the UN Commission on the Status of Women; (2) convention or treatybased mechanisms, such as the Committee on the Elimination of Discrimination Against Women; and (3) mechanisms contained in UN specialized agencies, such as the International Labor Organization or the World Health Organization. Each of these bodies monitors either a specific human rights issue or particular treaties. The classification of enforcement mechanisms into these categories clarifies the workings of the UN structure. For womens rights advocates, however, it is generally more useful to understand the type of procedure available under each of the UN enforcement bodies, rather than the structural aspects of the mechanism. Individuals or non-governmental organizations (NGOs) can bring information about human rights violations, or non-compliance with human rights obligations, to the UN bodies mentioned above through two procedures: complaint mechanisms and reporting/ monitoring mechanisms. Each procedure has its own requirements, limitations and outcomes. In choosing to seek enforcement of human rights obligations, advocates should carefully evaluate, first, the mechanisms available to them based on the treaty ratification of their national government, and, second, the desired remedy or outcome for the victims of human rights violations. There are also specific differences between the procedures, such as whether the communication remains confidential, that must also be considered. Advocates should consider the remedies available at the international level, under the UN, as part of a larger strategy to combat violence against women. For many reasons, the international enforcement mechanisms should only be addressed after attempting to obtain redress through the national legal system. First, the UN enforcement bodies that accept direct complaints require exhaustion of domestic remedies before a case can be considered admissible. Secondly, and perhaps more importantly, the remedies available under international law may not always be advantageous to the individual victim. The UN mechanisms are often very slow and time-consuming and confidentiality of the complainant cannot always be ensured. Victims of violence may have limited resources in which to invest in a lengthy procedure. Furthermore, safety for the victim should be a paramount concern, and the UN is limited in its ability to intervene and protect individual victims of human rights violations. Complaint Mechanisms Some UN bodies accept complaints (usually referred to as communications) directly from private individuals or from NGOs on behalf of individuals. Depending on the body to which the complaint is submitted, advocates can chose between two types of complaints, each of which serves a different purpose: (1) The complaint-recourse procedure should be used when the victim is seeking redress for a specific human rights violation. The general purpose for submitting this type of complaint is to address individual grievances and advocate on behalf of the victim. The complaint procedure also serves to bring publicity to a specific case. The UN bodies that receive such complaints (for example the Committee on the Elimination of Discrimination Against Women, under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination) review the submission and can ask the state government concerned to take measures to protect the victim and to provide redress for the violation. Unlike judgments under regional systems, such as the European human rights system, however, the decisions reached by the UN in such
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circumstances are not binding on national governments. UN bodies do, however, continue to monitor State compliance. (2) The complaint-information procedure functions in a way similar to the reporting mechanisms. The purpose for submitting this type of complaint is to inform the appropriate UN body about broad human rights violations that affect large segments of the population. The Commission on the Status of Women is an example of a UN body that receives such communications about the status of womens rights. Advocates or victims cannot ask for a remedy when using this complaint mechanism, and the communication itself is only one piece of information that the UN body considers in making a report. In order for a communication, a complaint, to be found admissible under a UN enforcement body, it is necessary to follow standard rules of procedure. Each monitoring body may have specific requirements for the form of communications, many of which can be accessed through the UN website on Communications and Complaints Procedures . In addition, there are some general guidelines that are common to all enforcement bodies that may provide useful information for submitting a complaint. Reporting/ Monitoring Mechanisms Each of the three types of UN bodies, charter-based mechanisms, treaty-based mechanisms and specialized agencies, carry out human rights monitoring. In order to enforce the provisions of international treaties, the UN does not rely solely on information about violations of human rights brought by individuals or NGOs. The UN human rights bodies themselves regularly monitor compliance with treaty obligations. Monitoring and reporting procedures differ from complaint mechanisms in that monitoring does not result in a legally binding decision, nor does it depend on information communicated by individuals or groups. When UN bodies undertake monitoring, they create a report on State noncompliance which includes specific authoritative, but non-binding, recommendations. There are two ways that the reporting and monitoring procedure can be initiated: (1) Required State reporting: The six core human rights treaties (the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention on the Eliminations of All Forms of Racial Discrimination and the Convention on the Rights of the Child) establish committees that monitor their implementation. Once a national government has ratified one of these treaties, it is required to report on a regular basis to the treaty-monitoring body. States are under an obligation to report on their own compliance with the treaty, but the committees have no power to enforce this requirement. Thus, it is not unusual for national governments to miss reporting deadlines or to fail to submit a report at all. NGOs have successfully used the State reporting period as a tool for advocacy. Most commonly, NGOs may submit alternative or shadow reports which offer an alternate view of State compliance with treaty obligations. Typically, shadow reports elaborate on information contained in State party reports and provide an alternative analysis. Accredited NGOs can also monitor many of the Committees proceeding as observers. More information on both the process of writing shadow reports as well as strategies to effectively use this mechanism can be found in the Human Rights Investigation and Documentation section of this website. (2) Committee or NGO- Initiated reporting: Some UN monitoring bodies initiate a report on government action outside of the reporting schedule required by a treaty. In the case of the UN Special Rapporteurs, such as the Special Rapporteur on violence against women, the office initiates analyses of specific issues or developments, which is published in a report. Alternatively, information from advocates and NGOs may bring a specific issue to the attention of a UN body, such as the Commission on the Status of Women, which will then carry out a study and issue recommendations.
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The role of advocates in the monitoring process is distinct from that in the complaint process. While there is no circumscribed procedure for communications, NGOs have effectively addressed various UN committees during reporting periods to raise awareness of womens rights. A number of UN committees have indicated that, despite the lack of explicit provisions about NGO participation, committee members rely on NGO information to determine whether State parties are fulfilling obligations under specific treaties. NGOs can meet with committee member working groups during pre-sessional periods and also may make statements to the committees during sessions. Major United Nations Enforcement Bodies There are several UN bodies that are concerned with the enforcement of womens human rights , through both complaint and reporting mechanisms. Additionally, other enforcement bodies monitor human rights broadly, but will address womens rights when applicable. The major UN enforcement bodies and the mechanisms available under each one are summarized below. More information is available by clicking on the specific body or mechanism. Procedurally, many of the committees will not consider complaints if they have been submitted under another mechanism. The term multiple applications refers to co mplaints based on the same facts that have been submitted to several mechanisms at close to the same time. NGOs and advocates should consider all available options carefully before submitting a complaint Unlike the complaint mechanisms, however, NGOs are not limited in the number of UN bodies to which they can submit reports. In fact, NGOs should submit relevant information to any and all special rapporteurs, working groups or committees that are reviewing a specific country or rights violation. Reporting Mechanisms Alternative/ Shadow reports

Body:

Complaint Mechanisms:

Committee on the Elimination of Discrimination Against Women Commission on the Status of Women Special Rapporteur on Violence Against Women Committee on Economic, Social and Cultural Rights

Complaint-recourse (Optional Protocol) Complaint- information

Complaint

Thematic and Country reports Alternative/ Shadow reports

Human Rights Committee

Complaint-recourse (Optional Protocol) Complaint-information (1503 Procedure)

Alternative/ Shadow reports

Commission on Human Rights/ SubCommission

Committee on the Rights of the Child

Alternative/ Shadow reports Complaint Mechanism- Article 22

Committee against Torture

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UN COMMITTEE ON THE RIGHTS OF THE CHILD (http://www1.umn.edu/humanrts/svaw/law/un/enforcement/CRC.htm#report) Womens advocates may use the Convention on the Rights of the Child to promote the rights of girls to be free from violence. The Committee on the Rights of the Child is the UN body that monitors the Convention on the Rights of the Child. The Committee consists of 10 independent experts, but as of 2003, will be increased to 18 members. One of the Committees primary functions is to oversee the progress made by State parties in fulfilli ng their obligations under the Convention, which is carried out through a reporting/ monitoring process. Currently, there is no mechanism under the Committee for the Rights of the Child to submit individual complaints claiming violations of Convention provisions. States that have [ratified] [link to country pages] the Convention on the Rights of the Child are required to submit periodic reports documenting compliance with the provisions of the treaty every five years. The Committee on the Rights of the Child meets three times a year in regular sessions to review these reports and then will make recommendations to both the national governments and to the UN the General Assembly on compliance with the treaty. Since its creation, the Committee on the Rights of the Child has strongly encouraged non-governmental organizations (NGOs) to become involved in the monitoring process. First, NGOs may participate in presessional working groups of the Committee to provide expert advice on the implementation of the Convention on the Rights of the Child. The Committee invites NGOs to submit reports, documentation or other information in order to provide it with a comprehensive picture and expertise as to how the Convention is being implemented in a particular country. . . . Information may be submitted by individual NGOs or national coalitions or committees of NGOs. The Committee provides guidelines on participation in presessional working groups and the procedure for submitting NGO reports, such as when reports should be submitted, the number of copies and when NGOs may be invited to present remarks to the Committee on its website under Guidelines for the participation of partners in pre-sessional working groups. In addition, the Committee has emphasized that NGOs should be allowed to contribute to the State reporting process, while making clear that the obligation to submit a periodic report remains with the national government. Thus, the guidelines to State parties on submitting reports include a series of questions about the extent to which NGOs both participated in the writing of the report and also in the implementation of the Convention. NGO contributions to the State report writing process vary by country, but the Committee has underscored the importance of NGOs maintaining their independence from the government in this process. The Committee also encourages NGOs or coalitions of NGOs to submit entire reports of their own that add to or clarify the State party reports. These shadow or alternative country reports provide valuable information to the Committee, but are also moist effective when they adhere to specific guidelines. The website of the Committee on the Rights of the Child includes a Guide for NGO Submissions which outlines a process for submission of reports as well as recommendations. The NGO reporting process is also summarized below. Shadow reports differ from UN complaint mechanisms in that NGOs are not limited in the number of UN bodies to which they can submit such reports. Thus, for the purposes of advocacy, NGOs can bring international attention to issues of violence against women through the monitoring of government obligations under any treaty that protects womens human rights. Because the Convention on the Rights of the Child applies to girls under the age of 18 and explicitly defines the right to be free from violence, such as physical and sexual abuse or trafficking, NGOs can use shadow reports as a way to focus attention on failures to protect women and girls from violence. For example, NGOs from Poland Ukraine, Slovenia and Georgia have submitted alternative reports to the Committee on the Rights of the Child raising the issue of family violence, sexual abuse, rape and trafficking. These NGO report or summaries of the reports can be accessed from the website of the Child Rights Information Network (CRIN) under NGO Alternative Reports. The World Organization Against Torture (OMCT), an international coalition of NGOs, has also submitted a shadow report to the Moldovan governments periodic report to the Committee on the Rights of the Child,
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in which it notes that women and girls suffer from entrenched gender discrimination which makes them particularly vulnerable to violence in the domestic, community and state spheres. The reporting mechanism available under the Committee on the Rights of the Child is summarized below.

Reporting Mechanism- Committee on the Rights of the Child Type of Mechanism Scope of the Procedure Who can Report Submit Reporting and Monitoring The Rights enumerated in the Convention on the Rights of the Child

a NGOs and coalitions of NGOs NGOs or NGO coalitions can submit shadow or alternative reports to State party reports to the Committee. NGOs may also submit materials to presessional working groups of the Committee and can also participate in some dialog with the Committee itself regarding implementation of the Convention. No remedies for individual rights violations

Role of Advocates

Available Remedies

How to Submit a Report There is no single format for shadow reports, but the Committee recommends that the report be no more than 30 pages, be written in English, French or Spanish, include a summary and be submitted within a year of the States periodic report. It is also useful for the report to be organized according to the articles of the Convention, as a commentary on the State party report. A shadow report should analyze a particular problem rather than merely describe I and should also include concrete recommendations. The Committees Guide for NGO Submissions on how NGOs can contribute to the reporting process are available on the UN website. More information on writing shadow reports, using shadow reports strategically and sample NGO reports can also be found in the Human Rights Investigation and Documentation section of this website. Where to Send The Committee on the Rights of the Child Communications 8-14 Avenue de la Paix CH 1211 Genve 10 Switzerland

Tel: 00 41 22 917 9000 Fax: 00 41 22 917 9022 Email: ssyed@ohchr.org ; jmermet@ohchr.org Website: www.ohchr.org Main contact person: Paulo David (pdavid@ohchr.org) How the Reporting After ratifying the Convention, State parties are required to submit an initial Procedure Works report on compliance. States must then submit periodic reports every five years. The Committee meets three times a year to review the periodic reports. The Committee suggests that NGOs to submit reports within a year of receiving
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the State report. NGO submissions are most useful to the Committee at the time that a specific State is reporting. NGOs should allow Committee members enough time to review the submission, ideally a few months before the session date. Before the session, NGOs may participate in pre-sessional working groups and meet with members of the official government delegation, prior to the plenary session. The plenary sessions are open to the public, and NGOs may attend, but may only participate in the formal proceedings as observers. NGOs have, however, been able to lobby Committee members successfully outside of the session. Once the Committee has reviewed the reports, it issues concluding observations which highlight both positive aspects of the implementation of the Convention and also recommendations for improvement. The Committee suggests that NGOs use the concluding observations as tools for advocacy. Advantages/ Disadvantages NGOs have used shadow reports effectively to advocate for change. Periodic State reporting has put pressure on national governments to amend legislation and policies to bring them into compliance with the Convention. The Committee has strongly encouraged NGOs to participate in the reporting process and gives weight to NGO submissions. Individuals cannot submit information to the Committee. There are no mechanisms to enforce Committee recommendations and conclusions on a States noncompliance with the Convention.

Additional Resources The Committee on the Rights of the Child has a webpage with reporting guidelines, the Committees concluding observations in past sessions and information about future sessions and general discussions. More information on writing shadow reports, using shadow reports strategically and sample NGO reports can be found in the Human Rights Investigation and Documentation section of this website. The Child Rights Information Network (CRIN) is a global network that disseminates information about childrens rights and the Convention on the Rights of the Child to NGOs, UN agencies, inter -governmental and others. The Child Rights Information Network website contains information and resources that are useful to NGOs. The NGO Group for the Convention on the Rights of the Child also provides support to NGOs in the reporting process under the Convention. The NGO Group for the Convention on the Rights of the Child is a coalition of international NGOs with a specialized body, the Liaison Unit, that supports participation of the NGOs and NGO coalitions in the reporting process to the Committee on the Rights of the Child. The Liaison Unit has created a number of guides for NGOs on submitting alternative reports to the Committee.

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UN COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN (http://www1.umn.edu/humanrts/svaw/law/un/enforcement/CEDAW.htm#report) The Committee on the Elimination of Discrimination against Women (CEDAW) was established to monitor State compliance with obligations under the Convention on the Elimination of All Forms of Discrimination Against Women. The Committee consists of a panel of 23 independent experts. The Committee on the Elimination of Discrimination against Women carries out its mandate through two mechanisms: receipt of direct communications (complaints) and the reporting/ monitoring process. States that have ratified the Convention on the Elimination of All Forms of Discrimination Against Women are required to submit periodic reports documenting compliance with the provisions of the treaty. The Committee asks questions about specific articles of the Convention and then prepares concluding observations, which may include recommendations for measures to be taken to improve the situation for women in a particular country. The goal of the process is to facilitate a dialogue between the State party and the Committee, and therefore it is not an adversarial procedure. Committee recommendations are broadly stated and not legally binding. Although there is no formal mechanism for individuals and nongovernmental organizations (NGOs) to participate in the monitoring process, the Committee relies on information submitted by NGOs. NGOs may submit shadow or alternative country reports that elaborate on information contained in State party reports. The Committee, however, will not review an NGO report on a country that has not submitted a State report. NGOs can also monitor many of the Committees proceeding as observers. Additionally, the Central and East European Law Initiative (CEELI) of the American Bar Association (ABA) has recently created a tool with which to assess State compliance with the Convention on the Elimination of All Forms of Discrimination Against Women. The CEDAW Assessment Tool is described in more detail in the Human Rights Investigation and Documentation section of this website. Unlike the UN complaint mechanisms, NGOs are not limited in the number of UN bodies to which they can submit shadow reports. Thus, for the purposes of advocacy, NGOs can bring international attention to issues of violence against women through the monitoring of government obligations under any treaty that protects womens human rights. In 2000, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women entered into force, for the first time allowing complaints under the complaintrecourse procedure to be brought to the Committee on the Elimination of Discrimination Against Women. The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination(Optional Protocol) expands the competence of the Committee on the Elimination of Discrimination Against Women, allowing it to receive complaints from both individuals and groups. Individual state governments must [ratify] [link to country pages] the Optional Protocol for it to have effect over individuals and groups within its jurisdiction. The Optional Protocol creates two procedures: (1) The Communications Procedure allows women or groups (i.e. non-governmental organizations) to submit complaints of violations of rights protected under the Convention on the Elimination of All Forms of Discrimination Against Women to the Committee. Under the Communications Procedure, the Committee evaluates the complaint based on information presented by the complainant and by the state party. After it has reached a finding, the Committee transmits it to the state party, which is then obliged to reply about actions taken to remedy the violation within six months. (2) The Inquiry Procedure allows the Committee itself to initiate inquiries into situations of grave or systemic violations of womens rights in a particular jurisdiction, without having first received a complaint. The Optional Protocol, however, also provides an opt-out clause that allows states to declare that they do not accept this procedure, at the time of ratification.

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The complaint and reporting mechanisms available under the Committee on the Elimination of Discrimination Against Women are summarized below.

Complaint Mechanism- Committee on the Elimination of Discrimination Against Women

Type of Mechanism

Complaint- recourse procedure under the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination The rights enumerated in the Convention on the Elimination of All Forms of Discrimination Against Women

Scope of the Procedure Who can Submit Complaint? Role of Advocates

a Individuals and NGOs from States which have ratified the Optional Protocol NGOs can submit communications on behalf of individuals or groups of individuals with their consent. Committee meetings in which the communication is examined are closed and advocates cannot attend. The Committee may at any time request that the State issue interim measures to protect the victim(s). Once a determination of the merits has been reached, the Committee may issue a finding on behalf of the victim(s) that is transmitted to the State party, which has six months to submit a response indicating the action taken. In cases of grave and systematic violations by a State party, the Committee may also initiate its own inquiry into the situation.

Available Remedies

How to Complaint

Submit a Complaints may be submitted by or on behalf of individuals or groups of individuals. NGOs submitting complaints on behalf of individuals must show proof of consent to the submission of the complaint. The Committee has prepared a list of Complaint Guidelines which sets forth the information which must be included in the complaint. In addition, the Protocol sets for a number of admissibility criteria, which must be met for the complaint to be considered: The complaint must be in writing. The communication may not be anonymous. The complaint must concern a State party to the Protocol. The complaint should contain information about the exhaustion of domestic remedies. The complaint may not have been previously examined by the Committee or the subject of any other international investigation. The subject of the complaint must indicate a violation of the provisions of the Convention on the Elimination of All Forms of Discrimination Against Women, must be substantiated and cannot have occurred prior to the entry into force of the Protocol for the State party, unless the violation has continued.

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Where to Send Committee on the Elimination of Discrimination against Women Communications c/o Division for the Advancement of Women, Department of Economic and Social Affairs United Nations Secretariat 2 United Nations Plaza DC-2/12th Floor New York, NY 10017 U.S.A. Tel: + 1-212-963-3153 Fax: + 1-212-963-3463 Email: daw@un.org How the Complaint The Committee meets twice a year to receive complaints. Once a case is Procedure Works registered, the Committee will consider admissibility and the merits simultaneously. The State party is given six months in which to respond and present a submission to the Commission. After this, the complainant is given a fixed period in which to comment. If there is particular urgency, the Committee may request that the State party issue interim measures before the case is decided. Once the Committee has reached a decision, it may issue recommendations to the State party. The State then has 6 months in which to submit information about measures taken. Advantages/ Disadvantages Individuals can submit complaints, but they cannot remain anonymous. The Committee is authorized to request interim measures, which may offer protection to victims. NGOs can submit communications, which may be a useful advocacy tool around a particular issue.

Adapted in part from Womens Human Rights Step by Step, Women Law & Development International and Human Rights Watch Womens Rights Project (1997). Additional Resources The text of the Optional Protocol to the Convention on the Elimination of Discrimination against Women gives more information on the complaint procedure. Further explanations of the United Nations Complaint Procedures may also be found on UN Fact Sheet 7. Most UN Fact Sheets can be accessed on the web.

Reporting Mechanism- Committee on the Elimination of Discrimination Against Women

Type of Mechanism Scope of the Procedure Who can Report Submit

Reporting and Monitoring The rights enumerated in the Convention on the Elimination of All Forms of Discrimination Against Women

a NGOs

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Role of Advocates

NGOs can submit shadow or alternative reports to the Committee as a whole or to individual members. NGOs with UN accreditation can also monitor the Committee proceedings during State reporting periods. No remedies for individual rights violations.

Available Remedies

How to Submit a Report There is no single format for shadow reports, but the report should be organized according to the articles of the Convention, as a commentary on the State party report. A shadow report should analyze a particular problem rather than merely describe it. More information on writing shadow reports, using shadow reports strategically and sample NGO reports can be found in the [Human Rights Investigation and Documentation] [internal link] section of this website. Where to Send Committee on the Elimination of Discrimination against Women Communications c/o Division for the Advancement of Women, Department of Economic and Social Affairs United Nations Secretariat 2 United Nations Plaza DC-2/12th Floor New York, NY 10017 U.S.A. Tel: + 1-212-963-3153 Fax: + 1-212-963-3463 Email: daw@un.org How the Reporting After ratifying the Convention, State parties are required to submit an initial Procedure Works report on compliance. States must then submit periodic reports every four years. The Committee meets twice a year (January and June) to review the periodic reports. A country will not be reviewed until it has submitted a report. There are no deadlines for submitting shadow reports, but NGO submissions are most useful to the Committee at the time that a specific State is reporting. NGOs should allow Committee members enough time to review the submission, ideally a few months before the session date. During the session, NGOs may attend, but not participate in, the formal proceedings. NGOs have, however, been able to lobby Committee members successfully outside of the session. Once the Committee has reviewed the reports, it issues comments and recommendations. Advantages/ Disadvantages NGOs have used shadow reports effectively to advocate for change. Periodic State reporting has put pressure on national governments to amend legislation and policies to bring them into compliance with the Convention. Individuals cannot submit information to the Committee. There are no enforcement mechanisms applicable to States that do not submit periodic reports.

Adapted in part from Womens Human Rights Step by Step, Women Law & Development International and Human Rights Watch Womens Rights Project (1997).

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Additional Resources UN Fact Sheet No.22 has information about Committee on the Elimination of DiscriminationAgainst Women and the State reporting system. Most UN Fact Sheets can be accessed on the web. The Committee on the Elimination of Discrimination Against Women also has a webpage with access to State party reports and the Committees concluding observations. More information on writing shadow reports, using shadow reports strategically and sample NGO reports can be found in the [Human Rights Investigation and Documentation] [internal link] section of this website. The International Womens Rights Action Watch (IWRAW), a U.S.-based NGO, has created a procedural guide, Producing NGO Shadow Reports to CEDAW.

UN SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN (http://www1.umn.edu/humanrts/svaw/law/un/enforcement/Rapporteur.htm) The United Nations Commission on Human Rights has created a number of special rapporteurs and working groups that address specific human rights violations or regions. Special rapporteurs can have either thematic mandates, such as violence against women, or regional mandates, such as the Former Yugoslavia. Working Groups may focus on drafting international law or on certain human rights issues, such as the right to development. These mechanisms have been very effective in bringing urgent human rights issues to the attention of the UN and the international community. In 1994, the Commission on Human Rights appointed Radhika Coomaraswamy, from Sri Lanka, to the position of Special Rapporteur on Violence Against Women, Including Its Causes and Consequences. The Special Rapportuer collects and analyzes data on violence against women in order to recommend measures to be taken at the international, regional and national level. The mandate of the Special Rapporteur has three elements: (1) Collection of information on violence against women and its causes and consequences from a variety of sources, including government and intergovernmental organizations, specialized agencies and nongovernmental organizations (NGOs); (2) Recommendation of measures at the international, regional and national levels to eliminate violence against women; (3) Cooperation with other special rapporteurs, working groups and experts of the Commission on Human Rights. The Special Rapporteur has conceptualized violence against women as occurring in three spheres: in the family (including domestic violence and marital rape); in the community (including sexual assault; sexual harassment in the workplace and in educational institutions and trafficking for purposes of sexual exploitation); and violence perpetrated or condoned by the State (including custodial violence, sexual assault during armed conflict and violence against refugee women). The mechanism for submitting complaints to the Special Rapporteur on Violence Against Women is summarized below.

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Complaint mechanism- Special Rapporteur on Violence Against Women Type of Mechanism Scope of the Procedure Complaint- information gender-specific acts of violence, meaning acts or threats of violence directed against women because they are women or acts of violence which affect women disproportionately

Who can Submit Complaint? Role of Advocates

a Individuals or NGOs NGOs can submit complaints and can otherwise contact the Special Rapporteur about issues of concern. NGOs can submit pertinent information to any and all of the special rapporteurs and working groups that are investigating specific human rights violations. No individual remedies but the Special Rapporteur can request that national governments take action to remedy part abuses or prevent future human rights violations. The Special Rapporteur can transmit an urgent appeal to a specific government about either a general or an individual allegation of abuse. State governments then communicate with the Special Rapporteur about measures taken to remedy the human rights violation(s).

Available Remedies

How to a Complaint

Submit Complaints may be submitted by individuals or by organizations, such as NGOs. There is no formal process for submitting a complaint to the Special Rapporteur. The Special Rapporteur, however, has prepared a Model Complaint Form which sets forth the information is a guide to the relevant information which should be included. In addition, it may be useful to consider some general guidelines in writing complaints, although the Special Rapporteur does not follow strict admissibility criteria.

Where to Send The Special Rapporteur on Violence against Women Communications The Office of the High Commissioner for Human Rights United Nations 1211 Genve 10 Switzerland

Tel: + 41 22 917 9000 Fax: + 41 22 917 9006 E-mail: csaunders.hchr@unog.ch How the Complaint When the Special Rapporteur receives a reliable and credible complaint that is Procedure Works within her mandate, she can take a number of actions. The Special Rapporteur can communicate with the government concerned, asking for a response. The Special Rapporteur can also urge the government to investigate the case, to prosecute and to provide protection and relief to the victim. If a complaint alleges that a human rights abuse is imminent, the Special Rapporteur can send an urgent appeal to request that the government prevent

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the violation. There are no specific deadlines for submitting complaints to the Special Rapporteur, but each year she issues an annual report. NGOs should, therefore, submit information by the end of October each year in order to be included in this report. The Special Rapporteur may also schedule visits to a particular country, with the invitation of the national government. In this case, NGOs can contact her in advance and can arrange to meet her or provide her with specific information about the situation for women in the country. After a visit, the Special Rapporteur will submit a report on her findings and recommendations to the Commission on Human Rights. Advantages/ Disadvantages The Special Rapporteur has been very open to receiving information from NGOs in a less formal manner than other UN bodies. The Special Rapporteur can also respond more quickly than other enforcement mechanisms to bring issues to the attention of the UN. The Commission on Human Rights generally does not implement the recommendations that the Special Rapporteur includes in her reports. Also, the special rapporteurs in general do not have sufficient resources to follow-up after country visits. Adapted in part from Womens Human Rights Step by Step, Women Law & Development International and Human Rights Watch Womens Rights Project (1997). Additional Resources The UN website contains a page on the Special Rapporteur on Violence Against Women, which includes reports, NGO statements, draft resolutions and press releases. UN Fact Sheet 27, Seventeen Frequently Asked Questions about United Nations Special Rapporteurs, provides background information into the mandate of the rapporteurs generally. Most UN Fact Sheets can be accessed on the web. Frontline, an Irish NGO, has created a Human Rights Defenders Manual, which includes detailed information on both the Special Rapporteur on Violence Against Women and also special rapporteurs in general, including the complaint mechanism. This information can be accessed through information about specific human rights violations.

Exhaustion of Domestic Remedies (http://www.stopvaw.org/Exhaustion_of_Domestic_Remedies)

It is a principle of international law that protection of human rights should be carried out by national governments. National remedies are viewed as more effective than international ones because they are easier to access, proceed more quickly, and require fewer resources than making a claim before an international body. Access to international enforcement mechanisms is seen as a last resort, after a state has failed to correct the violation or to carry out justice.

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Before submitting a complaint to any international body, such as one of the United Nations treaty bodies or the European Court of Human Rights, an individual or NGO must first attempt to remedy the violation using national law. Exhaustion of domestic remedies requires use of all available procedures to seek protection from future human rights violations and to obtain justice for past abuses. Local remedies can range from making a case in court to lodging a complaint with local police. A complaint to an international body should include proof that domestic remedies have been exhausted, including information about any legal proceedings that took place in the country. There are limited exceptions to the requirement that domestic remedies be exhausted. International law recognizes that domestic remedies may be unavailable, ineffective (i.e. a sham proceeding) or unreasonably delayed. In these cases, it may not be necessary to first exhaust the national mechanisms if it can be convincingly demonstrated that there are, in effect, no local remedies available.

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