Factsheet - 3
Phase I: Adoption of the List of Issues (LOI) / List of Issues Prior
to Reporting (LOIPR)
Two parallel procedures for Phase I
Currently there are two State party reporting procedures: the former standard procedure and the simplified procedure. The simplified procedure was developed to reduce the reporting burden of States parties and is applied to all States parties, except those that have notified the Committee before 31 December 2019 to maintain the former standard procedure.
Former standard procedure
Under the former standard procedure, the cycle of review starts with the submission of the State party report to the Committee, followed by the adoption of the List of Issues (LOI) by the Committee. The State party is requested to provide written replies to the LOI before the review.
Simplified procedure
Under the simplified procedure, the cycle of review starts with the adoption of the List of Issues Prior to Reporting (LOIPR) by the Committee. The State party concerned is requested to submit its written reply to the LOIPR to the Committee, which will be regarded as State report (commonly referred to as the “focused State report”).
LOI/LOIPR
State reports are public and available on the website of the HR Committee. The LOI / LOIPR sets out primary issues that should be addressed in the review and lists up questions raised by the Committee to the State concerned, usually about 25 issues.
LOI
Year 1
State report
Submission of the State report
Year 2
LOI
Adoption of the LOI
Year 3
Review
Review of the State report through an Interactive dialogue
Year 4
Year 5
Year 6
-follow- up
Evaluation of the implementation of the recommendations selected for follow-up
Year 7
Year 8
LOIPR
The cycle starts again with the submission of another State report
LOIPR
Year 1
LOIPR
Adoption of the LOIPR
Year 2
State report
Status of the focused State report responding to the LOIPR
Year 3
Review
Review of the focused State report through an Interactive dialogue
Year 4
Year 5
Year 6
-follow- up
Evaluation of the implementation of the recommendations selected for follow-up
Year 7
Year 8
LOIPR
The cycle starts again with the adoption of the next LOIPR
Box: Example of issues raised by the Committee in LOI and LOIPR
Example 1
Questions on the elimination of slavery, servitude and trafficking in persons raised in the LOI to Ethiopia for its 2nd review (CCPR/C/ETH/Q/2, para.15, adopted in November 2020)
With reference to the Committee’s previous Concluding observations (para. 11) and the information provided in the State party’s report (para. 27), please provide further information on the measures taken to combat trafficking in persons, forced labour, including child labour, and sexual exploitation of children. In particular, please report on the steps taken to: (a) provide training to police officers and other public officials on how to identify and investigate cases of trafficking, forced labour and other exploitation and to address the protection needs of victims; (b) enhance the availability and accessibility of shelters and other protection services for victims; and (c) collect relevant disaggregated data. Please provide information on any cases in which child victims of sexual exploitation were penalized as offenders.
Example 2
Questions on the right to privacy (ICCPR art. 17) raised in the LOIPR to the Democratic People’s Republic of Korea for its 3rd review (CCPR/C/PRK/QPR/3, para. 24, adopted in March 2021)
Please discuss reports of large-scale surveillance activities within the State party and comment on their compatibility with article 17 of the Covenant. Please include information about (a) the activities of the imminban units and Group 109, including reports that they search private homes without a warrant or notice; (b) reports of State monitoring of the written and telephone communications of individuals, as well as surveillance of the use of 3G usage amongst mobile phone owners; (c) the legal basis for such surveillance activities, as well as the processes for judicial oversight of their application.
CSO Engagement
Before LOI/LOIPR
Civil society can submit written reports to the Committee and provide information for the Committee to take into account in developing and adopting the LOI or LOIPR.
In case of the initial review, CSO can report on the implementation of the ICCPR in the country in general, or focus on particular provisions of the ICCPR or thematic issues.
For the periodic cycles, information about the implementation of the HR Committee’s recommendations issued after previous review(s) and/or about the issues that have emerged since the last review (or not been addressed in the previous reviews) would be particularly important.
In both cases, civil society is encouraged, if possible, to prepare and submit joint reports covering a wider range of issues and representing a larger number of actors on the ground.
The deadline for civil society reports at this stage is usually 8 weeks before the start of the session, where the LOI/LOIPR is scheduled to be adopted. The exact deadline date, together with other relevant information for civil society submissions is usually announced by the Committee’s Secretariat in the information note prepared for each session. If you are planning to submit reports for LOI/LOIPR, it is advisable to regularly check the Committee’s website for the timing of the LOI/ LOIPR adoption and the deadline for civil society reports. The information note is usually published a few months before the session concerned.
During this stage, it is also important for civil society to consider raising awareness of the State party review with other national stakeholders, such as the NHRI (if applicable), media outlets, the general public, and the diplomatic community.
After LOI/LOIPR and before review
After the adoption of the LOI/LOIPR, civil society has another opportunity to submit written reports to the Committee before the review.
At this stage, it is highly advisable for civil society to provide updated and targeted information on the issues i.e., questions raised in the LOI/LOIPR, either all of them or focusing on particular one(s), as they are the main focus of the following review. Civil society can also report on the issues that are not addressed in the LOI/LOIPR, especially those which have emerged since the adoption of the LOI/LOIPR. In many cases, suggesting recommendations and highlighting concrete actions to be undertaken by the State in relation to the issues identified has also proven to be highly effective.
In order to increase their effectiveness, civil society actors are encouraged to prepare and submit joint reports covering a wider range of issues and representing a larger range of organisations on the ground, where possible.
The deadline for civil society reports at this stage is usually 4 weeks before the start of the session, where the State concerned is scheduled to be reviewed. The exact date will be announced by the Committee’s Secretariat in the information note prepared for each session. This note is usually published a few months before the session concerned.
If possible, civil society can also lobby relevant State authorities to ensure their constructive engagement in the review process, including timely submission of State’s reply to the LOI/LOIPR and good composition of State delegation for the review including high level officials with decision making powers and representation of various State organs.
Checklist
- Is LOI/LOIPR for your country already adopted?
-
If not yet…
- When is the adoption of LOI/LOIPR scheduled?
- When is the deadline for civil society reports for LOI/LOIPR?
- What are your priority issues that you would like to be taken up in the LOI/LOIPR?
-
If already adopted…
- When is the review scheduled?
- When is the deadline for civil society reports for the review?
- On which issues listed in the LOI/LOIPR, you can provide more information?
- Are there any issues of your concern that are not listed in the LOI/LOIPR? If so, what kind of information you can provide for the review?
- What kind of recommendations you want the HR Committee to give to your country?
Tips for civil society reporting
- In case of a report for the adoption of the LOI/LOIPR, suggest questions that should be included in the LOI/LOIPR;
- In case of a report for the review, provide target. Information on the issues and questions raised in the LOI/LOIPR;
- In case of a report for the review, suggest recommendations you want the HR Committee to give to your country, i.e. concrete actions that should be taken by the national authority;
- You can submit your report electronically with emails, the format of the report can be word or PDF;
- Identify who the submitting organisations are, and in case of a joint report, add contact information of other joining organizations;
- If possible / applicable, add a paragraph on methodology how collected information;
- Wherever possible, identify the source of information;
- You can also refer to e.g.: State report (if any), previous recommendations of the HR Committee, recommendations of other Treaty Bodies and/or other relevant UN bodies such as UPR and Human Rights Council Special Procedures;
-
Send your report(s) to:
Gabriella Habtom, Secretary of the Human Rights Committee (ghabtom@ohchr.org); Cherry Rosniansky, Programme Assistant of the Human Rights Committee (crosniansky@ ohchr.org); and ccpr@ohchr.org *You can also CC us (info@ccprcentre.org)