Wednesday, July 11, 2018

State reports are not being submitted on time

The chronic lateness of most reporting from states continues to be a problem in the UN human rights treaty system.  Of 45 reports submitted so far in 2018, only 7 were submitted on time (here I treat any report submitted no more than 2 months late to be "on time" for these purposes).

The average delay is 31.7 months. However, if you remove the three (3) worst offenders (22 years, 18 years and 10.5 years, respectively), the average drops down to 19.1 months late.

Even the simplified reporting category suffers from late filing (the so-called LOIPR option).  Offering the simplified reporting option was supposed to be a way to help states improve their reporting compliancy. Yet only 2 of 13 LOIPR reports submitted so far in 2018 have been submitted on time (again, allowing a grace period of 2 months to be equivalent to "on time").

Here is a table showing the specific deadlines and reports received.


  Country Treaty Report type when due submitted how late (months)
1 Greece CAT LOIPR 01/06/2016 22/01/2018 19
2 Uzbekistan CAT standard 23/11/2017 16/01/2018 2
3 Benin CAT LOIPR 30/12/2011 27/12/2017 72
4 UK CAT LOIPR 31/05/2017 15/11/2017 6
5 Mauritania CCPR standard 01/11/2017 22/11/2017 0
6 Liechtenstein CEDAW LOIPR 01/02/2015 01/02/2018 36
7 Qatar CEDAW standard 01/02/2018 31/01/2018 0
8 Guatemala CERD standard 20/12/2017 13/12/2017 0
9 Mexico CAT LOIPR 23/11/2016 01/11/2017 12
10 Cape Verde CEDAW standard 01/07/2017 09/02/2018 7
11 Burkina Faso CAT LOIPR 22/11/2017 08/02/2018 3
12 Zambia CERD standard 05/03/2009 14/02/2018 27
13 Poland CAT LOIPR 22/11/2017 20/02/2018 3
14 Poland CERD standard 04/01/2018 09/03/2018 0
15 Bahrain CEDAW standard 01/02/2018 01/03/2018 0
16 Italy CRC standard 04/04/2017 05/07/2017 3
17 El Salvador CRC standard 03/01/2016 23/01/2018 24
18 Czech Republic CRC OPSC initial 26/09/2015 23/08/2017 23
19 Niger CCPR standard 31/03/1994 15/01/2018 286
20 Mozambique CEDAW standard 21/05/2010 22/03/2018 70
21 Palestine CERD initial 02/05/2017 21/03/2018 10
22 Chile CERD standard 31/08/2016 13/03/2018 19
23 Togo CAT LOIPR 23/11/2016 11/04/2018 17
24 Guyana CEDAW standard 01/07/2016 17/04/2018 21
25 Cote d'Ivoire CEDAW standard 01/10/2015 09/03/2018 29
26 Bosnia and Herzegovina CEDAW standard 07/07/2017 19/04/2018 10
27 Czech Republic CERD standard 01/01/2018 30/04/2018 4
28 DRC CEDAW standard 01/07/2017 12/01/2018 6
29 Lithuania CERD standard 09/01/2018 01/02/2018 0
30 Andorra CERD initial 21/10/2007 05/02/2018 123
31 Andorra CEDAW standard 01/10/2017 31/05/2018 8
32 Kazakhstan CEDAW standard 01/02/2018 01/06/2018 4
33 Poland CAT LOIPR 22/11/2017 20/02/2018 3
34 Zambia CERD standard 05/03/2009 14/02/2018 72
35 Mexico CCPR LOIPR 30/03/2014 11/06/2018 48
36 Cambodia CEDAW standard 01/10/2017 12/06/2018 9
37 Seychelles CEDAW standard 01/10/2017 14/06/2018 9
38 El Salvador CERD standard 20/12/2017 13/06/2018 6
39 Mauritius CEDAW LOIPR 01/10/2015 19/06/2018 32
40 Ghana CRPD initial 31/08/2014 05/06/2018 46
41 Jamaica CRPD initial 03/06/2010 25/06/2018 72
42 Latvia CAT LOIPR 22/11/2017 12/06/2018 7
43 Niger CAT initial 03/11/1999 07/06/2018 213
44 Portugal CAT LOIPR 22/11/2017 07/06/2018 7
45 UAE CAT initial 19/08/2013 20/06/2018 58

Notes to table: 
1. The yellow highlighted figures are the 3 "outliers" that I excluded in order to arrive at the average of 19.1 months lateness.  If those 3 are not excluded, the average total becomes 31.7 months late.
2. The two LOIPR reports that are shaded "green" were submitted essentially on time, but the prior report deadline that had been missed and replaced by the LOIPR report was late as noted -- 36 months and 32 months late, respectively. 
3. The seven (7) beige colored items were essentially on time. 
4. This data comes from the OHCHR databases but there is often a lag in the databases, so many reports may have in fact been received, but not noted yet. Nonetheless this is a pretty good snapshot of the current state of play. 

Conclusion

States need to work harder to file their reports to the treaty bodies on time.  If all reports were submitted on time, the system would receive approximately 300 reports per year, but instead it is receiving only about a third of that -- about 130 reports per year (this year, unless the pace picks up during the 2nd half of the year or there is a lag in reporting documents received into the UN databases that will soon be adjusted, it would seem that there will only be about 90 reports submitted).  But even these figures are worse than they seem -- as pointed out above, most of the reports actually received are themselves chronically late, so they do not represent current reports submitted on the current deadlines. 

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