MONITORING SYSTEMS
The rule of pacta sunt servanda requires that states comply with their
obligations arising from international human rights laws and treaties. In
order to check on the compliance by States of these obligations, monitoring
mechanisms are set up.
Monitoring mechanisms
1. Charter-based – those provided under the United Nations Charter
itself, or through UN organs, such as the Human Rights Council and
the ECOSOC.
2. Treaty-based – those provided under the treaties themselves. The
ICCPR, the ICESCR and the CEDAW have express provisions on the
monitoring mechanisms to ensure compliance of said conventions.
Charter-based mechanisms
a) Complaints procedure: The 1503 Procedure
The 1503 Procedure originally passed under the ECOSOC has been carried
over to the Human Rights Council complaints procedure. This is a
procedure whereby individual complaints from human rights victims or
groups representing them are accepted by the UN body.
The procedure is two-tiered:
1) The complaint goes to the Working Group on Communications
(WGC), a group of 5 experts, who assesses the admissibility and
merits of the complaints.
2) The complaint is endorsed to the Working Group on Situations
(WGS), another group of 5 members appointed by the regional groups
of member States. This group examines the complaint and presents
its recommendations to the Human Rights Council on the course of
action to take.
b) State Reports
States are required to render a report on their human rights situation.
These annual reports are called Country Reports on Human Rights
Practices or the Human Rights Reports. They contain situationers on the
civil, political, and economic rights as set forth in the UDHR and other
treaties.
c) Special Procedures
Aside from reports coming from the States themselves, United Nations
rapporteurs also provide the UN important information on the extent of
compliance by States in their international commitments. Special
rapporteurs, experts or envoys are sometimes sent to member States in
order that they make an investigation and report to the UN on the human
rights violations committed.
In 2007 and 2008, the Special Rapporteur on Extrajudicial, Summary or
Arbitrary Executions came to the Philippines at the country’s invitation in
order to conduct investigation on the alleged summary executions
committed in Luzon and Davao.
d) NGOs and NHRIs
Non-governmental organizations and National Human Rights Institutions
play a vital role in providing the United Nations with information on the
human rights situation in a State. NGOs may submit written reports,
referred to as “shadow reports” or “alternative reports” which could be
useful during the Universal Periodic Review process. NGOs with
consultative status can participate in the discussions on human rights
issues before the UN Human Rights Council.
e) Universal Periodic Review
The Universal Periodic Review is authorized under the UN General
Assembly Resolution No. 60/251 issued on March 15, 2006, the same
instrument that established the Human Rights Council. Starting 2008,
States were required by the Human Rights Council to render a report on its
human rights situation once every 4 years.
In this procedure, the State presents its report on its human rights
situation, and a troika composed of 3 other member States will give their
comments and suggestions.
Treaty-based mechanisms
Human rights treaties usually contain provisions to monitor compliance by
States of their obligations under the treaty. It must be clarified though that
these monitoring mechanisms are not the same as the courts of justice or
human rights courts where awards for monetary damages may be given.
Monitoring bodies
1) Human Rights Committee – composed of 18 members; it is the body
charged with overseeing compliance of the ICCPR.
2) Committee on Economic, Social and Cultural Rights – monitors the
compliance by States of the ICESCR
3) Committee on the Elimination of Racial Discrimination – monitors
the International Convention on the Elimination of Racial
Discrimination. Aside from the reporting procedure, it also has other
3 mechanisms: the early-warning procedure, the examination of
interstate complaints, and the examination of individual complaints.
4) Committee on the Elimination of Discrimination Against Women –
monitors the Convention on the Elimination of Discrimination
Against Women. It is composed of 23 experts on women issues who
reviews the State Reports of members who submits them once every 4
years. The Committee also issues General Recommendations on
issues affecting women which need more focus.
5) Committee on the Rights of the Child – composed of 18 independent
experts that monitor State compliance on the Convention on the
Rights of the Child. States submit their reports to the Committee.
6) Committee against Torture – monitors the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. It is composed of 10 independent experts. It reviews
State Reports which are submitted once every 4 years, and also
conducts inquiries, inter-state complaints and individual complaints.
7) Committee on Migrant Workers – monitors the compliance by
member States of the International Convention on the Protection of
All the Rights of Migrant Workers and Members of their Families.
State reports are submitted and reviewed once every 5 years.
8) Committee on the Rights of Persons with Disabilities – monitors the
Convention on the Rights of Persons with Disabilities. It is composed
of 12 members serving 4-year terms.
Human Rights Committee
The 18 experts comprising the Committee are elected to a 4-year term, and
do not represent any country. They perform 2 main functions:
a) Receive and Review State reports – State reporting under the ICCPR
is done once every 5 years by all member States who ratified the
treaty. The reporting State shall show the ways by which it complied
with its obligations under the treaty. A “dialogue” is conducted by the
Committee with the delegation of the Reporting State. Thereafter, and
taking into consideration other reports such as those submitted by
NGOs, the Committee shall issue the “Concluding Observations.”
b) Decide on complaints against member States who ratified the First
Optional Protocol – The complaints must be in writing and must be
filed by a person who is directly affected by the State’s action. Actio
popularis is not allowed before the Human Rights Committee. The
concerned State is given the opportunity to Comment on the Petition
before the Committee will decide on the Admissibility and Merits of
the case. The ruling of the Committee is called a “View”, which does
not have a legal binding effect. However, it may issue interim
measures similar to provisional remedies under our rules. These
interim measures can have a mandatory character.
