البيان الذي أدلى به بكر والي ندياي في الجزء الاستهلالي للاجتماع المتعلق بنتائج عملية تعزيز الهيئات المنشأة بموجب معاهدات: الدروس المستفادة والتأثيرات والتنفيذ

9 May 2014

Excellencies,
Ladies and Gentleman,

It is with great pleasure that I join you today for discussions on the landmark positive outcome of the treaty body strengthening process. I would like to start by warmly thank the Permanent Missions of Ireland, Morocco, Poland, South Korea and Switzerland, as well as the Universal Rights Group and the Geneva Academy for making this event possible.

The Secretary-General eloquently captured the essence of the United Nations human rights treaty bodies when he stated that they “stand at the heart of the international human rights protection system as engines translating universal norms into social justice and individual well-being.” As a comprehensive system for international human rights protection, the treaty body system has recently grown exponentially and greatly enhanced human rights protection. However, as we know, this has come with significant challenges, including the accumulation of a fast growing backlog of State reports and individual communications, chronic under-resourcing and insufficient compliance by States parties with their reporting obligations. The under-resourcing and insufficient harmonization of working methods among the treaty bodies also resulted in inefficiencies.

It is with gratitude that we are here today to discuss how many of these challenges came to be addressed, the lessons learnt and the way forward. This is a result of the General Assembly adopting resolution 68/268 exactly one month ago. Arriving at this momentous point is a culmination of ongoing efforts by treaty body experts, States, civil society organisations, national human rights institutions, various UN entities, academics, and the High Commissioner for Human Rights. The High Commissioner’s report, presented at the GA in June 2012, identified a number of new proposals that were all discussed during the two year inter-governmental process that followed.

GA Resolution 68/268 on Strengthening and enhancing the effective functioning of the human rights treaty body system is robust and detailed. Across its 41 operative paragraphs, it provides for at least five main outcomes which address the challenges faced by the treaty bodies in a comprehensive and sustainable manner:

First, the resolution grants almost thirty percent of additional meeting time as well as human resources from the regular budget to the treaty bodies as of 2015. This will enhance the impact on the capacity of the system to make a concrete difference for rights holders at country level

Second, the resolution establishes a capacity building package to assist States parties to report to treaty bodies and, if they desire, set up standing national reporting and coordination mechanisms. A standing mechanism is definitely a sustainable tool to ensure the capacity of Governments to properly deal with the numerous reporting and other requirements at regional and international levels. Countries that have established such a mechanism have documented it as a best practice. The fact that this is funded from the regular budget is ground breaking and integral to the long-term impact of such capacity building and will clearly allow States to better deal with a complex system composed of 9 international core human rights treaties and 9 related optional protocols

Third, the resolution reaffirms the independence of the treaty bodies and their members and acknowledges the important self-regulatory initiative of the Addis Ababa Guidelines

Fourth, the resolution emphasizes the need to enhance the role of TB chairs including in the area of procedural matters and working methods. The message of the resolution is clear: to increase accessibility, responsiveness, predictability and efficiency, the treaty bodies need to align better the various segments of their working methods so that States and other stakeholders can expect processes that are predictable and aligned across all treaty bodies. The resolution requires the Chairpersons to formulate conclusions and decide on such issues. All treaty bodies are now requested to follow-up the resolutions and the Annual Meeting of Treaty Body Chairpersons will also at the end of June look at the elements of the reporting process - the simplified reporting process, the aligned structure of dialogues and shorter, more focused and practical concluding observations - in order to enhance these in line with the GA resolution requirements. It is hoped that when reporting back to the GA, treaty bodies will have taken required measures in this regard.

Fifth, the resolution takes measures that will make the treaty body system more accessible, predictable and modern. This includes a strong call for alignment, harmonization and simplification of working methods and procedures among the treaty bodies. The resolution also makes clear reference to accessibility standards and reasonable accommodation


In addition to considering these ground-breaking outcomes and their implementation, we are also here to discuss the lessons learnt. It was crucial for the High Commissioner to launch in 2009 a process which nature was purely consultative. By consulting all stakeholders the High Commissioner could compile a complete view of the achievements and deficiencies of the treaty system and capture the appropriate proposals in her landmark report in 2012.

The process and approach of the inter-governmental process also has much to offer on this. The treaty body strengthening process was a pioneering demonstration of a process with transparency, innovation, cost-effectiveness and long-term sustainability.

On transparency, an unprecedented process of self-analysis was undertaken jointly by OHCHR, the Division for Conference Management and the Department of Public Information and resulted in a comprehensive and detailed cost assessment, A/68/606, to provide detailed and fact-based background context to support the intergovernmental process in November 2013 . This was instrumental for the formulation of the concrete and targeted measures of the treaty body strengthening resolution.

On innovation and cost-effectiveness, the process heralds new frontier for a cost neutral exercise based on the identification of savings and the reinvestment of this in both improvements and capacity building. Indeed, all the measures in the resolution are financed essentially from cost-savings, and only minimal additional resources will be required.

On long-term sustainability, the outcome is exemplary in the establishment of an incremental process of accountability and strengthening of the treaty body system. The GA resolution provides for a built-in sustainability mechanism by which the objective workload of each treaty body is reviewed every biennium by the GA and can lead towards increase of meeting time and staffing, when justified. There is also a provision for an overall review of the effectiveness of the measures taken pursuant to the resolution no later than 2020. This is a major improvement from the hitherto approach of multiple ad-hoc requests for resources. These aspects of the resolution are crucial for its long-term implementation and for ensuring accountability in its implementation.

In the ecology of the international human rights system, the human rights treaty bodies are distinct and uniquely effective in preventative and early warning capability. When responding to any human rights situation, particularly crises, addressing the long-standing root causes of human rights violations is crucial for the achievement of durable solutions. The work of the human rights treaty bodies are indispensable for this and the GA resolution provides for valuable and concrete enhancements to this. The resolution further clearly condemns intimidation and reprisals against individuals or groups for their contribution to the work of the Treaty Bodies.

This is key to continuing to facilitate the important cooperation of human rights defenders and civil society with the treaty body system.

In this light I want to briefly place emphasis on two elements of the treaty body strengthening resolution which would particularly benefit from the prompt action by Member States and other stakeholders here. First, as mentioned earlier, the allocation of regular budget funds for capacity building will assist States to report more regularly and, if requested, establish or reinforce national mechanisms for reporting and coordination. Secondly, amidst the substantial increase in the complexity and quantity of work that the treaty body system will have to undertake, it will become all the more important for States to nominate the very best candidates that they can for treaty body membership. I urge States to bear this in mind and to also draw on the useful guidance that the Addis Ababa Guidelines offer during their deliberations on whom to nominate as potential treaty body members.

The GA resolution on the strengthening of the treaty body system is truly opening a new era for the human rights treaty body system which will be better equipped to re-enforce human rights protection worldwide. An improved treaty body system will also consolidate the work of the Human Rights Council UPR and Special Procedures. With the end of the intergovernmental process it is time now for all stakeholders to initiate the implementation and follow-up to the resolution. All actors of the treaty system have now a detailed roadmap to follow and respect. Translating the norms and standards in real improvements of the lives of rights holders in all States is and remains the ultimate goal of the treaty body strengthening process.

I look forward to our discussions today. Thank you.