last updated 15 May 2007
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 depend on information communicated by individuals or groups. When UN bodies undertake monitoring, they create a report on State non-compliance 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 seven 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, the Convention on the Rights of the Child, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 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.
In June 2004, the UN Secretariat prepared harmonized guidelines on reporting (PDF, 50 pages) under the international human rights treaties. It provides guidelines on the form and content of States' reports. The harmonized guidelines have yet to be finalized and implemented.
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 Committee's 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.
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 women's 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.