The Reporting Process
Treaty bodies monitor the level of compliance by State parties with their obligations under human rights treaties through a system of state reporting. Under the CRPD, State parties must submit reports periodically to the Committee outlining progress made and problems encountered in implementing their obligations. The reporting system complements the system of individual complaints prescribed by the Optional Protocol.
The reporting process is vital for ensuring State parties continue to respect, protect and fulfil the rights set out in ratified treaties.
The report preparation process offers State parties the opportunity to:
• conduct a comprehensive review of the measures taken to harmonise national law and policy with the provisions of relevant international human rights treaties
• monitor progress regarding the promotion of rights enshrined in treaties
• identify problems relating to its approach in implementing the treaties
• plan and develop appropriate policies to achieve goals.
In monitoring the CRPD at the national level, State parties must designate a coordinating body within government and an independent mechanism to facilitate, promote, protect and monitor implementation and compliance with the CRPD.
At the international level, the Committee monitors the implementation of the CRPD by reviewing periodic reports submitted by State parties on steps taken in implementing the CRPD. The Committee also examines individual communications and conducts inquiries into potential violations by states that have ratified the Optional Protocol.
State parties must submit initial and periodic reports to which the Committee prepares a 'List of Issues' notifying State parties of matters of particular concern about which the Committee seeks further information.
At the conclusion of the reporting process, the Committee adopts ‘Concluding Observations' in relation to the particular State party. Concluding Observations are a series of recommendations to the State party on the steps that should be take in order to ensure compliance with the rights and standards contained in the treaty.
Baseline Report
State parties are required to submit to the Committee an initial comprehensive report (or ‘Baseline Report’) on the extent to which the State party’s laws, policies and practices comply with the CRPD. The Baseline Report must be submitted within two years after the CRPD enters into force for that State party. Subsequent periodic reports must be submitted every four years or however often requested by the Committee. The Baseline Report should:
• identify the constitutional, legal and administrative framework for the implementation of the CRPD
• explain the policies and programs adopted to implement each of the provisions of the CRPD
• identify any progress made in realising the rights of persons with disabilities due to ratification and implementation of the CRPD.
Subsequent reports should:
• respond to the concerns and other issues highlighted by the Committee in its concluding observations to previous reports
• outline progress made in realising the rights of persons with disabilities over the reporting period
• highlight any obstacles that the Government and other organisations faced in implementing the CRPD over the reporting period.
At this stage, the Committee has developed draft guidelines regarding the content of reports relating to the CRPD.
State parties meet regularly in a Conference of States parties to consider matters relating to the implementation of Conventions. The first meeting usually occurs six months after the subject Convention has entered into force.
Common Core Document and Harmonized Guidelines
Australia's Common Core Document (CCD) forms part of its reports under the treaties to which Australia is a party. In preparing the CCD, Australia followed the ‘Harmonised Guidelines’ issued in May 2006 by the Office of the High Commissioner for Human Rights. According to the Guidelines, the CCD seeks to include a broad range of information that is relevant to all treaties to reduce duplication of material and the length of reports. Separate treaty-specific reports are then submitted which supplement the general information contained in the CCD.
Australia’s current CCD was prepared in June 2006 and also incorporates Australia’s fifth periodic report under the International Covenant on Civil and Political Rights and its fourth periodic report under the International Covenant on Economic, Social and Cultural Rights.
Australia’s current CCD therefore does not cover the scope of the CRPD. The Australian Government has not indicated when it will revise and update the CCD in light of Australia's ratification of the CRPD.
The Guidelines suggest States update their CCD whenever a treaty-specific document is submitted. If no update is necessary, this should be stated in the treaty-specific document by way of addendum or revised document.
Reports presented in accordance with the Guidelines enable each treaty body and State to have a clear picture of the status of implementation of all treaties the State has ratified.
The Guidelines aim to strengthen the ability of States to meet their reporting obligations in effective manner and to improve the effectiveness of the treaty monitoring system by:
• allowing for a consistent approach by committees in considering the reports presented to them
• aiding committees in assessing equally the human rights situations in every State
• limiting the need for committees to request additional information before considering reports.