There are several ways to measure this non-compliance, but one is to take a quick snapshot of the current workload in the treaty body system. Two treaty bodies are currently in session, the Human Rights Committee (July 3-28) and the Committee on the Elimination of Discrimination against Women (July 3-21).
Fifteen (15) countries in total are being reviewed by these two Committees. None of the fifteen has filed on time. The average amount of delay in filing the report has been 5.4 years.
Here are some details.
CEDAW
Country
|
Filed on time?
|
Within page/word limits?
|
Is there a response to prior Concluding
Observations?
|
Barbados
|
No, 15 years late
|
Yes
|
Yes
|
Costa Rica
|
No, 3 months late
|
Yes
|
No
|
Italy
|
No, 4 months late
|
Yes
|
No
|
Montenegro
|
No, 9 months late.
|
Yes
|
Yes
|
Niger
|
No, 3 years late.
|
Yes
|
Yes
|
Nigeria
|
No, 16 months late.
|
No, it appears to be 2X the applicable limit
|
Yes but in an annex only
|
Romania
|
No, 6 years late
|
Yes
|
n/a LOIPR report
|
Thailand
|
No 5 years late
|
Yes
|
Apparently not, but hard to tell for sure.
|
-->
* note that all reports were late. Average
degree of lateness was 5.9 years, but if you remove Barbados from the
calculation, the average is 2.3 years.
o
Barbados – combined 5th
through 8th periodic reports. Due 9/3/99. Submitted 7/20/15. 15
years late. 44 pages. 17,419 words. Yes, Part One responds to the prior
recommendations.
o
Costa Rica – 7th periodic
report. Due 7/1/15. Submitted 9/22/15. 3 months late. 32 pages. 15, 021 words. There is general reference, but I could not
find specific point by point responses to prior recommendations of the
Committee.
o
Italy – 7th periodic
report. Due 7/1/15. Submitted 10/27/15. 4 months late. 43 pages. 19,907
words. I could not find responses to prior
recommendations.
o
Montenegro – 2nd periodic
report. Due 10/1/15. Submitted 6/13/16. 9 months late. 42 pages, 19,209 words. Yes, the report is structured as a response to
the prior recommendations.
o
Niger – combined 3rd & 4th
periodic reports. Due 11/7/12. Submitted 8/13/15. 3 years late. 30 pages,
11,913 words. Yes, the report highlights
prior recommendations and provides responses.
o
Nigeria -- combined 7th and 8th
periodic reports. Due 7/13/14. Submitted 10/7/15. 16 months late. 65 pages.
52,824 words. My method of counting
words is approximate, but this report certainly seems to be way over the limit
of 21,200 words. According to the
introduction to the report, a synopsis of the responses to all of the prior
recommendations is contained in Annex 1.
This annex is 12 pages, in table form.
It appears to be comprehensive.
But it does not cross reference to the parts of the main report where
these responses are covered; instead it is a point by point reference in
addition to the report itself. Very strange.
o
Romania – combined 7th &
8th periodic reports. A LOIPR
report. Due 2/1/11. Submitted 2/6/17. 6 years late. 42 pages. 21,044 words. I could not find any reference to the prior
recommendations or any responses to them.
No table of contents either, apparently due to lack of available space
under the word limit. Note that this is an LOIPR report, so that is probably
why there is no response to prior recommendations.
o
Thailand – combined 6th & 7th
periodic reports. Due 9/1/10. Submitted 6/18/15. 5 years late. 35 pages, 14, 258 words. There are references to prior
recommendations, but it does not appear complete. However, it is difficult to
be sure. No index or table of references.
There are general references like “Thailand has made serious efforts to
implement the Committee’s recommendations” but without any details.
Human Rights Committee
Country
|
On time?
|
Within word limits?
|
Response to last COs?
|
Honduras
|
No, 5 yrs late
|
Yes
|
No
|
Liechtenstein
|
No, 6.5 yrs late
|
Yes
|
No
|
Madagascar
|
No, 4.5 yrs late
|
Yes
|
No
|
Mongolia
|
No, 1 yr late
|
Yes
|
No
|
Pakistan
|
No, 4 yrs late
|
Yes
|
Not applicable – initial report
|
Switzerland
|
No, 1 year late
|
Yes
|
Not applicable – LOIPR report
|
Swaziland
|
No, 12 yrs overdue
|
Not applicable – no report
|
Not applicable – no report
|
*note that all 7
reports are late or overdue. Average is 4.8 years late.
o
Honduras – 2nd periodic
report. Due 10/31/10. Submitted 10/21/15.
5 years late. 12 annexes also
submitted. Also 20 annexes submitted to the reply to the list of issues. 11 NGO
reports. 2 NHRI reports. 31 pages.
17,581 words. There are general
references to the prior recommendations, but apparently not a point by point
response.
o
Liechtenstein – 2nd periodic
report. Due 8/1/09. Submitted 3/24/16.
6-1/2 years late. 1 NGO report.
36 pages. 20,990 words. There is
general reference to the prior recommendations, but I could not find point by
point responses.
o
Madagascar – 4th periodic report.
Due 3/23/11. Submitted 11/09/15. 4-1/2 years late. 6 NGO reports. Report is
available in French and Spanish only. 56
pages. Approximately 19,200 words. No apparent reference to prior
recommendations, but it is difficult to know for sure since the report is not
available in English.
o
Mongolia – 6th periodic
report. Due 4/1/15. Submitted 3/30/16. One year late. 7 NGO reports. 1 NHRI
report. 25 pages. 13,194 words. No apparent reference to prior recommendations.
No index or table of contents. No
introduction where comments might be found on the prior recommendations.
o
Pakistan – initial report. Due 10/23/11.
Submitted 10/19/15. 4 years late. 27 NGO reports. 45 pages. Approximately 24,500 words. Not applicable re prior recommendations,
because this is an initial report.
o
Switzerland – 4th report. An
LOIPR report. Initially due in 2015. Then due 7/1/16 and submitted 7/7/16. One
year late. 4 annexes also submitted to the report. 12 NGO reports. 34 pages,
20,500 words. Responses to prior
recommendations not applicable since this is an LOIPR report.
o
Swaziland (reviewed in the absence of a
report) – initial report. Due 6/26/05.
12 years overdue. List of issues was issued in the absence of a report in March
2017. The government submitted a reply to the list of issues on May 15, 2017.
17 pages. 8760 words. 2 NGO reports.
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