UNGA79: Treaty Bodies express concern about lack of resources impacting their work

During the 79th Session of the General Assembly, the Treaty Body Chairs shared information with Member States on the efforts made as part of the strengthening process to harmonise their working methods, including expanding the implementation of the simplified reporting procedure and eight year predictable schedule of reviews. They also unanimously made strong statements regarding resource scarcity that is not only creating a backlog, but also limiting available human resources, hindering the ability to leverage technology and the work of the whole treaty body system in fulfilling its mandate to protect and promote human rights.

In their remarks, the Chairs also called on Member States to support this year’s biennial Third Committee resolution on strengthening the Treaty Body system. This resolution has been adopted every second year since 2016, building on the parameters of the Treaty Body strengthening process defined ten years ago in General Assembly resolution 68/268. Since the interactive dialogues with Chairs, a Third Committee adopted by consensus a resolution entitled The human rights treaty body system led by Iceland was adopted on 21 November. ISHR welcomes the resolutions’ reference to digital technologies for all relevant stakeholders in the activities of the treaty bodies.

The Chair of the Committee on the Elimination of Discrimination against Women (CEDAW), Ana Peláez Narváez, highlighted that in respect of the Treaty Bodies strengthening process, the Committee faces a lack of resources that prevents them from implementing their mandates and this process, noting that it ‘is increasingly concerning, as it jeopardises our work.’

For the first time this year, the Chairs participated remotely in the interactive dialogues due to resource constraints. The Chair of the Committee on the Elimination of Racial Discrimination (CERD) Michael Balcerzak described it as an unfortunate circumstance. While acknowledging the financial crisis within the UN human rights system, the Chair emphasised that the absence of direct participation is detrimental not only to the Committee’s mandate but to the system as a whole.

These statements by the Chairs build on discussions at the 36th Annual Meeting of Treaty Body Chairs this June. The meetings’ concluding report provides a summary of the existing challenges including backlogs. According to the report as of 31 December 2023, 143 out of 197 States Parties (72.6%) had a total of 483 overdue reports. Despite widespread non-compliance with reporting obligations, the backlog of reports awaiting review stood at 493 as of 31 May 2024. The Secretary General’s fifth biennial report published in September 2024 on the human rights Treaty Body system again highlighted the dire situation faced by the Committees, noting that since July 2023, the UN’s liquidity crisis has severely impacted the Treaty Body system and its Secretariat support, which relies on the UN’s regular budget. Additionally, the cancellation of pre-sessional working groups and the imposition of hiring restrictions have further hindered the ability of Treaty Bodies to carry out their mandates effectively.

The Chair of the Committee on the Rights of the Child (CRC), Ann Skelton, highlighted one of the highest backlogs, currently 69 Member State reports. The Chair emphasised that the cancellation of the pre-sessional working group due to the liquidity crisis significantly slowed progress in reducing the backlog. Based on the Chair’s remarks, it would take the Committee three years to review existing Member State reports.

The backlog of individual communications is equally alarming and voiced by Chairs during interactive dialogues. As of 31 December 2023, 1,913 communications were pending review before the Committees. Based on the Secretariat’s estimation, at the current capacity, it would take approximately 6.65 years to clear this backlog, not accounting for any new individual communications received. The Chair of the Committee of Social, Economic, and Cultural Rights (CESCR) confirmed that it continues to receive a high number of individual communications, with a current backlog of 188 pending cases, and that support from the Secretariat and utilisation of digital tools are necessary to address this.

Several Chairs, including of CRC, the Committee on Enforced Disappearances (CED), and the Committee against Torture (CAT), expressed concern that the discontinuation of hybrid services without prior notice also hindered the involvement of civil society, UN agencies, National Human Rights Institutions and other stakeholders, creating significant challenges and setbacks in human rights protections. The Chairs urged Member States to mandate and support UN Conference Services, or promptly find the solution.

‘We were disappointed that only a few Member States made supportive remarks, asked relevant questions about resource scarcity, or engaged with the Committee Chairs on institutional matters during their interactive dialogues,’ said ISHR’s Tess McEvoy. ‘To achieve tangible outcomes and strengthen the Treaty Bodies and their work, it is essential to acknowledge and support the bodies to effectively fulfil their mandates in protecting and promoting human rights’ McEvoy added. ISHR urges all States to follow through with their reaffirmation in the resolution adopted at this session of the formula contained in General Assembly resolution 68/268, and allocate corresponding financial and human resources in the Fifth Committee that the Treaty Bodies require to function effectively.