The Role of Civil Society and the submission of shadow reports

1
The Role of Civil Society and the submission of
shadow reports

• By
• Sheila Muwanga
• Deputy Director, Foundation for Human Rights
  Initiative (FHRI)
• 4/02/07

2
Civil society Definition

• CIVICUS The world alliance for citizen
  participation defines Civil society as the areana
  outside the family and the state where people
  associate to advance common interests.
• May be formal and institutionalised
• Informal coalitions and groups
• An area with positive actions and values
• Negative manifestations as well

3
Examples of CS

• Media groups
• Human Rights Organisations focusing on different
  thematic areas health, torture, womens rights,
  children, IDPs, etc..
• Faith based associations/organisations
• Trade Unions/federations
• Professional Associations
• Football supporter groups
• Community groups
• Parent Teacher associations
• Independent academic institutions
• Sports associations
• Etc

4
Shadow reporting

• Also known as alternative reporting
• Dictionary meaning
• Shadow dark shape that s/b or sthing forms/
  makes on the surface.
• Alternate/alternative can be used instead of
  something else a second choice different from
  the usual

5
What is Shadow reporting/alternate reporting

• When a state ratifies an international treaty, it
  commits itself to reporting regularly ( the
  initial report, two years after the entry into
  force of the covenant and periodic reports at
  given intervals
• E.g ICCPR- two years and then three years after.
  ( Article 40)
• ICESCR two years and then every five years on
  measures taken.(Article 16)
• ACHPR Every two years (Article 62)

6
Purpose of state reporting

• The reporting procedure is a non adversarial
  proceeding.
• Its an effort to persuade states to implement
  their HR Obligations
• Not a mechanism for examining and remedying
  specific violations.
• Provides a forum for constructive dialogue
  between the treaty body and states.

7
What is shadow reporting?

• Shadow report is organised independent
  information of a countrys human rights
  situation.
• The report is submitted as a parallel report to
  the state report. So a shadow report can only be
  prepared if your state has ratified that
  instrument.
• Various treaty bodies have benefited from
  independent information supplied by NGOs which
  either verify or contradict information provided
  by the state.

8
Role of Civil society when states are reporting

• BASIS
• Although civil society role is not explicitly
  envisaged or recognised under various treaties,
  NGOs have potential to exercise remarkable
  influence on the reporting procedure.

9
BASIS

• For Example,
• The Committee on Economic, Social and Cultural
  rights attaches great importance to NGOs active
  in the field of ESCR.
• The Committee adopted on 12th May 1993 a document
  entitled NGO participation in activities of the
  CESCR (E/C 12/1993/WP.14)

10
BASIS

• The document serves to provide detailed
  guidelines for NGOs with a view to soliciting
  their cooperation with the committee to enhance
  the effectiveness in monitoring, through
  examination of state party reports of the
  implementation of the ICESCR.

11
BASIS

• The main activities of the committee open to NGOs
  participation include
• Consideration of state party reports includes
  shadow reporting/ providing alternate reports.
• Days of general discussion
• Drafting of general comments.

12
BASIS

• The UN Committee Against Torture, like the CESCR
  has formal rules to invite certain NGOs to submit
  written information having relevance to toe work
  of the expert bodies.

13
BASIS

• Civil society can therefore use this system to
  maintain government accountability inside the
  country and internationally.

14
BASIS

• A Number of NGOs have interacted with UN Treaty
  bodies through the production of shadow reports
  on various themes including
• Torture (UNCAT)
• ESCR (CESRC)
• CPR (Human Rights Council)
• Children s rights (UNCRC)
• womens rights ( CEDAW)
• ACHPR( African Commission)

15
BASIS

• Examples of NGOs that have submitted shadow
  reports include
• ICJ
• Centre for the Independence of the Judiciary.
• FHRI
• HRW
• AI
• INTERIGHTS
• UCRNN
• UWONET

16
BASIS

• NGOs in West Africa, especially Ghana and Nigeria
• Zimbabwe HR Activists/organisations
• FIDH
• Social Watch
• OMCT
• ESCR-Net
• Etc

17
ORGANISING THE SHADOW REPORT

• Obtain the Government report
• The government report is the basis of the
  experts committees review.
• Parent ministries prepare individual reports
• Min. of foreign affairs then compiles and
  submits.

18
Shadow reports

• Some Govt. may fail to distribute the report
  within the country despite the committees
  recommendation that they do so.
• It is a public document.
• If not the case, this should be documented in
  the shadow report .
• Also check with the UN HC HR office in Geneva
  website (http//www.unhchr.ch) click on
  DOCUMENTS, Click on TREATY BODIES DATABASE and
  follow search options)

19
Shadow report

• 2. coordinating the contributors/inception
  workshops
• Its possible for a single NGO to prepare a shadow
  report
• Many have opted to collaborate this is good in
  many ways.
• Enhances impact on government.
• Demonstrates consensus voice
• Broad constituency
• Committee uses NGO information effectively as
  experts cannot give attention to all NGO reports.

20
Shadow report

• NB when in alliance/coalition with others the
  following is a must
• Budget time for coordination
• Identify strength of each NGO
• Identify tasks
• Resource and cost sharing
• Making final editorial decisions
• Printing
• Transmission
• Presentation and follow- up
• Documentation of lessons learnt

21
Organising the report

• 3. Organising the report for maximum impact.
• Organise according to articles not by issues.
• Limit the report to no more than 30 pages
• (not all experts will be equally interested in
  each country)
• Have an executive summary.
• Describe the problem, the evidence and specific
  suggestions for change.
• Indicate who in Govt. is in position to make
  suggested change.
• /recommendations
• Indicate role of Civil society but not eliminate
  government responsibility.
• Prioritise issues the committee will not be able
  to focus on all. Identify most important to the
  NGO community.
• Include some back ground information about the
  country or region.

22
Organising

• Executive summary
• -It is a very brief presentation of information
  that
• allows busy readers to instantly get a clear idea
  
• of the main points in the shadow report.
• -its no more than three pages info must be
  concise, accurate and carefully selected from
  the full report. It should include
• -The main points of the report
• - the evidence/date included to support main
  points
• - the recommendations for govt. action to
  address the key issues in a language the
  committee can use in its concluding observations.

23
organising

• NB. It is usually the most difficult part of the
  report to produce.
• It should state clearly where in the report the
  reader can find more details about a particular
  point.

24
Organising

• 4. Organising the content.
• Organising by article indicates knowledge of the
  instrument You could identify the issue and then
  consider which articles of the instrument apply.
• For each issue provide evidence this can include
  statistics, legal date, testimony of individuals,
  news clips, academic research, provisions of
  laws. Statistics are most useful if disaggregated
  by age, gender, marital status, etc. case
  histories and testimonies should be complete and
  indicate impact of particular actions or inaction
  by govt.

25
Organising

• Recommendations
• Should be concrete, suggesting specific action.
• Language from the committee on prior
• concluding observations may be helpful.
• E.G Govt. should protect women from economic
  exploitation is not sufficiently precise.
• You could propose
• government should a) collect accurate date on
  the disparity in income and wages, incidences of
  forced labour, sexual harassment (at national,
  level and local level) b) increase allocation of
  resources to enforce anti- discrimination and
  anti trafficking by 50, c) train the police and
  other officials to ensure that they offer women
  timely assistance and prevention measures.

26
Organising

• 5. Special attention to context and analysis
• Context will be important to evaluate a
  particular situation. For example if an
  employment law includes remedies available only
  through administrative system such as the
  ministry, it is important to analyse the general
  attitude of the authority. If the court system
  has been sympathetic to claims by a particular
  constituency, it is important to note how judges
  are selected and trained and address the
  obstacles and opportunities for changing the
  system.

27
organising

• The report should be focused carefully and
  provide a framework for developing specific
  points for lobbying.
• Prepare the report for the Government and public
  bearing in mind your primary audience the
  committee.

28
Committee

• 6. The Committee has particular requirements
• The experts read the shadow report to obtain
  specific information to help them evaluate the
  government report
• The experts cannot be familiar with political and
  economic background of every country. They need
  info, to understand this.
• The experts have a limited amount of time and
  want to receive information about the most
  pressing issues in a concise format.

29
One suggested format

• The shadow report may include
• Title page including title, author(s) and date of
  report
• Executive summary
• Table of contents
• Introduction that gives more information about
  the production of the report
• The main body organised by Covenant article,
  including recommended actions
• Concluding remarks
• Appendix, if necessary can include text of
  important laws, media clips, etc.

30
Useful readings

• When preparing a report to a committee or to the
  ACHPR, some useful reading would be
• General comments of that committee
• Concluding observations of the committee and
  specifically to your country
• Guidelines on form and context of reports
  submitted to the committees
• Samples of NGO shadow reports
• This information can be accessed from UNHCHR
  website.

31
Working with Committees

• Working with the CESCR.
• Has 18 independent experts
• Serve in their individual capacity
• Nominated by Governments.
• Likely to be prominent and very knowledgeable.

32
CESCR

• At each CESCR session, five reports of state
  parties may be reviewed.
• Committee members listen to the presentation by
  Govt. and questions are prepared in advance of
  the session by the pre- sessional working group
  and conveyed to the countrys UN mission for
  written answer prior to its public appearance
  before the committee.
• At the conclusion of the session, the committee
  adopts concluding observations on the country
  including commendable progress and recommendation
  for improvement.

33
CESCR

• The concluding remarks are crucial product for
  NGO action. It is thus important that the shadow
  report highlights major priorities that can be
  readily reflected in the concluding observations.
• The country Rapportuer who has read all reports
  extensively prepares the concluding remarks.
• Contacting this committee member as early as
  possible after the country is scheduled for
  review is important. The NGO shadow report has
  be directly sent to this person.

34
Summary NGO input

• NGO Input at the CESCR session.
• Pre- sessional working group meets at the end
  the session one- yar prior to the one at which a
  given govt will be reviewed. NGOs can submit
  written reports to the members of the
  pre-sessional working group (2 weeks prior) NGOs
  may also need to be present in Geneva at this
  time.
• Committee members want to have written shadow
  reports to enable them ask useful questions. They
  should be sent by email or courier to the
  secretariat of the CESCR. All 18 should receive a
  copy at the opening of the session by hard copy
  as well. ( 3 months before the session is good).

35
Committee

• Also NGOs in consultative status and NGOs without
  status but sponsored by an organisation that has
  consultative status may submit a very short
  written statement which will be translated and
  issued as a UN document on that country.
• This statement must reach the CESCR secretariat
  three months in advance of the session for which
  it is intended. The submission should be double
  spaced and no longer than 2000 words.

36
Committee

• The committee meeting on the first day of the
  session are reserved for NGO presenting country
  specific information. (5- 15mins).
• Endeavour to talk to the committee members befor
  and after the working sessions to talk
  information about the issues that concern NGOs in
  your country.

37
Committee

• Some may be willing to have full length meetings
  before a working session be prepared for these
  meetings by having your specific points of
  concern ready to be conveyed in a few words or
  on a single sheet of paper.
• Following issuance of concluding observations

38
Concluding observations

• Following issuance of these
• Report to other NGOs in your country
• Use the media to publicise these.
• Disseminate the concl. Remarks
• Submit to the Committee secretariat on the
  implementation of the concluding remarks.

39
Access to the UN Building

• NGOs presenting shadow reports need accreditation
  and should be requested for from the CESCR
  secretariat in advance of the session.
• NGOs need consultative status with ECOSOC or if
  none can work with those that have.
• You can apply for consultative status. For
  details visit the UNHCHR Website.

40
Opportunities and Challenges

• NGOs have not taken advantage of this reporting
  mechanism.
• NGOs must engage in real lobbying at the
  committee levels. Presence in Geneva is
  necessary.
• Prior contact with committees is necessary.
• Working with an NGO situated in Geneva or an
  international NGO may add value to this process.

41
Opportunities and challenges

• Lack of understanding of how the UN and AU system
  works.
• Pessimisms about the outcome of the process on
  the human rights situation in ones country.
• Budgeting for the process is paramount.

42
Important addresses

• Ms WAN HEA LEE,
• SECRETARY TO THE CESCR
• EMAILwlee_at_ohchr.og

43
End

• I thank you for listening to me.