A/HRC/4/43
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formulation of general comments/recommendations by treaty bodies were reported. The
importance of building on each other’s recommendations was stressed by many participants.
The possibility for special procedures mandate-holders of submitting written information and
proposing issues for consideration to treaty bodies prior to their sessions was flagged by one
mandate-holder.
56.
Participants emphasized how the creation of the Human Rights Council called for even
increased complementarity of the work of the two mechanisms. The need to ensure increased
personal interaction was stressed, including by providing for relevant mandate-holders to address
the treaty bodies directly on the occasion of the review of reports of States in which they have a
specific interest. The role of the Secretariat in ensuring exchange of information between treaty
bodies and special procedures was highlighted. In this regard, it was suggested that a
compilation of good practices be prepared annually.
57.
Concerning the proposal for a unified standing treaty body, some participants expressed
concerns that this might dilute the specificities of the work of the individual committees.
However, other participants saw the creation of a unified standing treaty body as a positive step
towards the creation of a world court of human rights. Other participants expressed the view
that, while continuing to take measures to harmonize and streamline treaty bodies’ procedures,
such as the common guidelines for the submission of reports, there was a need to maintain
substantive specificities. One proposal in this sense was to have a unified standing body to deal
with individual complaints, so as to reduce delays in consideration of complaints and ensure a
consistent jurisprudence, while maintaining the existing committees to review reports and to
undertake inquiries.
58.
It was repeatedly stressed that one of the main shortcomings of both the special
procedures and the treaty bodies’ systems was the lack of follow-up to their findings and
recommendations, especially by the main political bodies of the United Nations. The Human
Rights Council was seen as a window of opportunity to remedy this shortcoming. In this
connection several participants stressed that the Universal Periodic Review should be understood
not as States assessing the human rights situation in other States, but rather as States assessing
the degree to which other States implement the decisions and recommendations of independent
expert bodies. The Council should count on existing human rights mechanisms to perform
fact-finding and normative assessment functions, while focusing on implementation. This would
address the issues of possible duplication of UPR with the work of treaty bodies and also prevent
UPR from becoming an appeals body for those States whose compliance with human rights
treaties has already been reviewed by relevant treaty bodies. The role of the High Commissioner
in promoting UPR as a forum for follow-up was emphasized.
59.
It was recommended that a joint letter be prepared calling upon the Human Rights
Council to ensure that UPR has as at least one of its core sources of information the findings and
recommendations of treaty bodies and special procedures, and to develop a review system that
strengthens the implementation of those recommendations.
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