International Human Rights Law
Overview of Ireland's upcoming international human rights reporting obligations
- The treaties
- National reporting obligations
- Universal Periodic Review
- What is shadow reporting and why become involved?
The treaties
Below is an explanation of the acronyms used. Also included are links to the documentation on Ireland's most recent review by the relevant treaty bodies on the website of the UN Office of the High Commissioner for Human Rights; this includes Concluding Observations, the State periodic report and NGO submissions. In some cases, there is also follow-up information where a particular body has requested further information or requested action to be taken within a specified time frame to address an issue or where a representative of the body has visited Ireland and written a follow-up report.
CERD: UN International Convention on the Elimination of All Forms of Racial Discrimination
To view CERD review documentation, click here.
TO view CERD Follow-up documentation, click here.
ICCPR : UN International Covenant on Civil and Political Rights
ICCPR review documentation can be found here.
ICCPR Follow-up documentation can be found here.
ICESCR : UN International Covenant on Economic, Social and Cultural Rights
Click here to see ICESCR review documentation.
CEDAW: UN International Convention on the Elimination of All Forms of Discrimination against Women
Click here to view CEDAW review documentation.
CAT: UN International Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
As Ireland will be reviewed for the first time under CAT, this is where you will find information.
CRC: UN International Convention on the Rights of the Child
CRC review documentation can be read here.
MWC: UN International Convention the Protection of the Rights of All Migrant Workers and Members of their Families
Ireland has not ratified this convention.
CRPD: UN International Convention on the Rights of Persons with Disabilities
Ireland has not ratified this convention.
UPR: The Universal Periodic Review
The Universal Periodic Review is a review mechanism under the UN Human Rights Council which provides for the peer review of the human rights records of States by other States. See below for more information or see the website of the UN Office of the High Commissioner for Human Rights.
National reporting obligations
Ireland has undertaken a range of international human rights obligations by ratifying a number of UN international human rights treaties. Under these treaties, the State has the responsibility to ensure its compliance with the provisions of the treaties by implementing pertinent domestic measures and legislation. The State is reviewed periodically by a body of international experts associated with each treaty. The review involves the submission of a national report by the State which is then discussed at the review by State representatives and Committee members. Areas of particular concern to the Committee are identified in advance of the review through a List of Issues. After the review, the body adopts Concluding Observations which documents areas of progress but also those of concern about State measures or the lack thereof. Below is a chart showing the treaties which Ireland has ratified to date and some major treaties that it has not, as well as when it was last reviewed and when it is next expected to be before a treaty body.
Chart on Ireland's major international human rights treaty ratifications, national periodic reporting history and future review dates.
Universal Periodic Review
The Universal Periodic Review (UPR) is a relatively new mechanism established in 2007 under the auspices of the UN Human Rights Council, maintained by the Working Group on the UPR. It is a cooperative process which involves the peer review of the human rights record of each of the UN member states once every four years. The Human Rights Council is an inter-governmental body made up of 47 states and its aim is to address situations of human rights abuses and to make recommendations. For further information, see the website of the UN Human Rights Council, in particular the secion on NGO information. A useful guide on the mechanism from the Council can be found here.
Ireland is due to be reviewed for the first time under the UPR in November 2011. This important mechanism is expected be the focus of the human rights work of many NGOs and indeed the State over the coming period. There are a range of opportunities for NGO involvement and a very useful overview with resources can be found here. It outlines the key stages at which NGOs can have an input, guidelines on NGO involvement and timeframes. Deadlines for submissions from NGOs is 11am (Irish time) on 21 March 2011. These will be reviewed by the UPR Working Group from 3-14 October 2011. Submissions should be no more than 5 pages from individuals and 10 pages from a large coalition of organisations.
What is shadow reporting and why become involved?
While states submit their national periodic report for review to the treaty bodies, NGOs are also invited to make submissions. This is called shadow reporting as it allows NGOs to "shadow" the report issued by the State highlighting points of issue, clarification or concern. NGOs can also take the opportunity to bring attention to omissions from the state report. Any organisation can submit a report. Shadow reporting:
- provides NGOs the forum to bring their issues to a unique international audience of UN experts. If deemed relevant by the committee, the issue may be presented to state officials at the review for a response. If an issue that is raised is framed carefully and precisely, it could form the basis of one of the committee's Concluding Observations;
- provides the Committees with independent, relevant, verifiable and reliable information from national grassroots sources. Key to successful NGO shadow reporting and lobbying is working together and presenting a united and organised front. Joint submissions are well-received by committee members as they reduce the amount of time spent reading and thereby increase the amount of time spent on the issues. Reliable information based on solid evidence is crucial;
- provides the opportunity for NGOs to form alliances with other NGOs to provide support, pooling of resources, emphasis and information-sharing on issues of mutual concern;
- allows NGOs the opportunity develop skills and best practice mechanisms for international lobbying and report-writing;
- can be pertinent juncture at which to raise awareness of campaign issues in the media;
- is a useful "stock- taking" exercise of a government's approach and an NGOs response to an issue at a particular time and shadow reports can be used in the future as a measure of progress or regression;
- can form the basis of broader international advocacy and lobbying such as at the Universal Periodic Review or before other treaty bodies.
To find out about the shadow reporting experience of FLAC, working with the Irish Council for Civil Liberties and the Irish Penal Reform Trust relating to the ICCPR, please see the Rightsmonitor website.
If your organisation would like to become involved in any upcoming shadow reporting opportunities, and wish to find out more or would like advice about framing issues or recommendations, please contact us at PILA.