Section 5.2 - Taking Action Internationally

The goal of taking action at the international (United Nations) level is to influence the behaviour of governments, organizations and other people to make change happen at the country and community levels. Statements made by committees and officials of the United Nations bring violations of human rights happening in a country to the attention of people around the world and help to pressure governments and local organizations in that country to make changes.

1. Taking Action under the Convention on the Rights of Persons with Disabilities (CRPD)

The provisions of the UN include some ways that persons with disabilities and their organizations can take action at the international level.

Committee on the Rights of Persons with Disabilities

Article 34 of the UN creates a committee of independent experts with the responsibility to oversee whether countries that have ratified the UN are meeting their obligations under the Convention. This group is called the Committee on the Rights of Persons with Disabilities. It has 18 members who are nominated and elected by the countries that have ratified the UN. Members are on the Committee for a term of 4 years and can be re-elected only once. The full Committee meets twice a year at the United Nations Headquarters in Geneva, Switzerland.

The webpage for the Committee on the Rights of Persons with Disabilities is hosted by the UN Office of the High Commissioner for Human rights (OHCHR). It includes information about which countries have ratified the UN and its optional protocol, the current membership and work of the Committee, reports submitted to the Committee and other related publications, stories and events.

There are two (2) main ways that the Committee on the Rights of Persons with Disabilities monitors whether countries are meeting their obligations under the UN:

• Periodic State (Country) Reporting Process (UN, Articles 35 & 36)
• Individual and Group Communications (Complaints) Process (Optional Protocol to the UN)

DPOs can take action at the international level by participating in both of these processes:

(a) State (Country) Reporting Process

Countries that have ratified the UN are required to provide comprehensive reports to the Committee on the Rights of Persons with Disabilities explaining the steps they have taken to make sure that persons with disabilities in their country are enjoying the human rights guaranteed by the Convention (see UN, Article 35). These reports are called ‘State Reports’.

A country’s first State Report must be submitted within 2 years of that country’s ratification. After the first State Report, the country must submit subsequent State Reports at least every 4 years.

The UN, Article 35(4) reminds governments about their duty to closely consult with and actively involve organizations of persons with disabilities when preparing their State Reports. DPOs can choose whether or not they think it will be useful to participate in any consultation process that is established.

(b) Writing a Parallel Report

Whether or not DPOs choose to participate in government consultations on the State Report, they can play an important role in the state reporting process by submitting ‘Parallel Reports’ (also known as ‘Shadow’ or ‘Alternate’ Reports) about how well the country has met its obligations. The Committee will use the additional information included in Parallel Reports to question and challenge claims made by the country. Parallel Reports provide another way for the Committee to get a full picture of whether the country is fulfilling its obligations under the UN and other Conventions. It is possible for a DPO to both participate in government consultations on the State Report and also submit a Parallel Report directly to the Committee.

At this time, the Committee on the Rights of Persons with Disabilities has not published any formal Guidelines for Parallel Reports submitted by DPOs and other NGOs. This means that there are no set restrictions on content and format.

The Committee on the Rights of Persons with Disabilities has published Guidelines for State Reports on the UN.

Here is a suggested Outline for a Parallel Report:

Suggested Outline for a Parallel Report (for reports under the UN or other human rights treaties)

1. Table of Contents
2. Executive Summary:
   • Highlight:
     • briefly summarize 4 or 5 ‘hot issues’ (key issues of concern)
     • recommendations
     • Optional: suggest questions that the Committee could ask the representatives of the country either before the country meets with the Committee in-person (for example, as part of the ‘List of Issues’) or during the in-person meeting (that is, during the ‘constructive dialogue’). See below for explanations of ‘List of Issues’ and ‘constructive dialogue’.
3. Background:
   • Brief background information about the DPO(s) submitting the report
   • Explain how the information in the report was collected and analyzed: (Who? What? When? Where?)
4. Key Issues of Concern: (this is the most detailed part of the report)
   • Report on 4 or 5 ‘hot issues’ (key issues of concern) about the human rights situation of persons with disabilities in the country that come from monitoring information.
   • When Reporting on each ‘Hot Issue’:
     • be as comprehensive as possible but keep in mind that if a report is too long, the members of the Committee will not have time to read it
     • note the specific article(s) of the human rights treaty (e.g. UN or other human rights treaty) that are being violated
     • refer to information to support the statements made (e.g. quotes from individual experiences monitoring interviews and information collected using the DRPI systemic template)
     • comment on the information about the ‘hot issue’ contained in the State Report:
       • correct any inaccuracies in the information provided by the State (refer to paragraph numbers in the State Report rather than page numbers)
       • if the State Report does not include important information about the hot issue, add the missing information so that the Committee has the full story
5. Key Recommendations:
   • provide specific recommendations
     • concrete and specific
     • listed in order of priority
     • include timeframe for implementation
     • suggest ways that DPOs can be actively engaged in implementation
     • Optional: suggest questions that the Committee could ask the representatives of the country either before the country appears before the Committee (for example, as part of the ‘List of Issues’) or during the country’s appearance (that is, during the ‘constructive dialogue’)
6. References: detailed references – providing Internet links wherever possible

Other key points to keep in mind when writing a Parallel Report:

• Tone: Parallel Reports are best written using a neutral and objective tone. They should clearly point out problems and propose solutions.
• Timeline: Parallel Reports should be submitted as soon as possible after the country submits the State Report, but when that is not possible, it is still useful to submit a report when it is ready
• Language: Parallel Reports have to be submitted in one of the official languages of the United Nations (English, French, Spanish (Castilian), Arabic, Russian or Chinese (Mandarin)).
• Working with Other DPOs:  There is no limit on the number of Parallel Reports that can be submitted for each country. However, a report that has been compiled by more organizations may hold more weight. The Committee may find it easier to manage fewer reports.

What happens with State Reports and Parallel Reports?

Once the Committee receives a State Report, it sets the date during one of its twice-yearly meetings in Geneva when it will consider the State Report with representatives of the country. These meetings are sometimes called ‘constructive dialogues’. DPOs can attend these meetings as observers but cannot make submissions.

Before this meeting, the Committee reviews the State Report and any Parallel Reports received and sends the country a ‘List of Issues’, asking the country to clarify, complete and/or update the information that it provided in the State Report. The country must respond to the List of Issues in writing.

Finally, the Committee adopts and publishes its own report called ‘Concluding Observations’. This report identifies areas where the country should make changes to laws, policies or practice in order to meet its human rights obligations. Countries must make sure that the Concluding Observations are widely available to the public in their own countries [see UN, Article 36(4)] and they are also posted on the Committee website.

DPOs and their allies can use the information included in the Concluding Observations to pressure governments to make changes. It is important for DPOs to:

• tell international and country media about any criticisms made by the Committee
• mention the Committee’s conclusions and recommendations in any relevant legal action
• follow-up on the Committee’s recommendations through lobbying efforts in your home country.

Where to Find Documents Related to the UN State Reporting Process for a Particular Country on the OHCHR Website

There are two different ways to find this information on the OHCHR website.

Option 1 – Webpage of the Committee

Note: It is more difficult to find information using this option, but information is posted here first):

1. Go to the webpage of the Committee on the Rights of Persons with Disabilities:
2. In the menu on the right-hand side of the page, under the subtitle ‘The Committee’, click on the link ‘Sessions’. This should bring you to the Committee on the Rights of Persons with Disabilities page
3. Look for the name of the country you are interested in, in the chart on that page. Where the country is listed more than once, click on the most recent link (e.g. Tunisia is listed first for the 4th Session, 4-8 October, 2010 but is listed again for the 5th Session, 11-15 April, 2011. The most recent link, and the one you should click on, is the one for the 5th session). The most recent link will give you the most information. Once complete, these charts contain links to the following:
   • Timetable: Details about when the State Report will be considered by the Committee
   • State Report & Core Document: State Report in all available languages
   • List of Issues: List of Issues sent by Committee and Response from Country
   • Information from Other Sources: Parallel Reports & other information received by the Committee
   • Delegation Lists and Statements: Country Delegates participating in the constructive dialogue with the Committee and any formal statements submitted by the country
   • Concluding Observations: Concluding Observations issued by the Committee

Option 2 - Search Engine for Treaty Bodies Database

Note: It is easier to find information using this option, but the database does not include Parallel Reports from DPOs and there is a delay before the information is posted.

1. Go to the OHCHR webpage on Human Rights Bodies
2. In the menu on the right-hand side of the page, under the subtitle ‘Treaty Bodies’, click on the link ‘Treaty Body Document Search’.
3. Use the drop-down menus to choose:
   • Convention – UN
   • Country – find country you want to know about
   • Type – choose the type of information you want to find (e.g. State Party Report, List of Issues, etc.)
4. Click on ‘Search’. Look for the name of the country you are interested in the chart on that page. Where the country is listed more than once, click on the most recent link (e.g. Tunisia is listed first for the 4th Session, 4-8 October, 2010 but is listed again for the 5th Session, 11-15 April, 2011. The most recent link, and the one you should click on, is the one for the 5th session). The most recent link will give you the most information. Once complete, these charts contain links to the following:
   • Timetable: Details about when the State Report will be considered through constructive dialogue
   • State Report & Core Document: State Report in all available languages
   • List of Issues: List of Issues sent by Committee and Response from Country
   • Information from Other Sources: Shadow Reports & other submissions received by the Committee
   • Delegation Lists and Statements: Country Delegates participating in the constructive dialogue with the Committee and any formal statements submitted by the country
   • Concluding Observations: Concluding Observations published by the Committee in all available languages. If the country is not listed, either it has not submitted its State Report yet OR the State Report has been submitted but it is not posted on the website. yet.

(c) Supporting an Individual or Group Complaint

If a country has ratified the Optional Protocol to the UN, individuals and/or groups in that country can bring complaints to the Committee on the Rights of Persons with Disabilities, claiming that their rights under the Convention have been violated. These complaints are called ‘communications’.

A Model Complaint Form for communications is found on the UN OHCHR website.

DPOs can use monitoring information to identify possible complaints to raise in this process and help individuals and groups to file claims. Remember that DPOs will need to have the consent of the person or group before filing a claim.

After considering the complaint, the Committee will issue a decision. If the Committee finds that there is a violation, it will recommend that the country take action to fix the situation. The recommended action can involve a money payment, changing legislative changes and/or other actions.

The country has a moral obligation to implement the Committee’s decision but it is not possible for the Committee to force the country to do so. This means that it is important for DPOs to publicize any findings of a violation widely in their home country, using these international results to push for change at home. When writing Parallel Reports, DPOs should also provide information to the Committee on cases in which the country has not put into effect the Committee’s decisions.

Where to Find Decisions issued by the Committee on the OHCHR Website:

1. Go to the OHCHR webpage on Human Rights Bodies.
2. In the menu on the right-hand side of the page, under the subtitle ‘Treaty Bodies’, click on the link ‘Treaty Body Document Search’.
3. Use the drop-down menus to choose:
   • Convention – CRPD ; Country – find country you want to know about
   • Type – Jurisprudence
4. Click on ‘Search’.

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