The Examination

What is an examination? 

Generally, one to two years after submission, the periodic report will be examined. This occurs in Geneva at a public session by the relevant UN Committee in the presence of a delegation from the reporting State. At this session, the Committee will discuss the report and ask the country delegation questions. 

These questions are commonly influenced by stakeholders’ submissions to the Committee (including NGOs and the Human Rights Commission or Children and Young People’s Commission). 

When preparing for an examination, it is crucial to think carefully about the delegation membership and what materials the delegation will need. We recommend starting work at least six months before the examination, although the effort required will be much more intense in the last two months.

Decisions on the delegation membership are crucial to an examination’s success

Human Rights Committee guidance states: "to be able to perform its functions as effectively as possible and if the reporting State is to obtain the maximum benefit from the dialogue, it is desirable that the States representatives should have such status and experience (and preferably be in such number) as to respond to questions put, and the comments made, in the Committee over the whole range of matters covered by the Covenant”.

In most cases, a Minister should lead the delegation (usually the Minister of the lead agency responsible for the reporting) because they are in the best position to represent Government policy. This is beneficial from a reputational point of view and facilitates productive engagement with the Committee. However, it is possible that timing and other priorities mean a Minister is not available (for example, if the examination is close to a General Election). If a delegation is not led by a Minister, it may be led by a senior public servant, such as a Chief Executive or Deputy Secretary. 

The lead agency should seek an early decision about whether the delegation will be led by a Minister, and if so which Minister. This will help with deciding who else should attend. 

When considering the composition of the remainder of the delegation, lead agencies should consider which size, composition and agency representation will best support a successful examination. The makeup of the delegation will depend on the treaty and the List of Issues Prior to Reporting. 

Lead agencies should aim to give relevant subject matter agencies early notice that they should attend so they can plan and budget accordingly.

It is recommended to have planning meetings with the members of the delegation, so everybody gets to know each other and understands preferred working styles.

The preparation will need to be tailored to the working methods of the individual members. For example, it is important to understand whether the delegation lead intends to respond to most questions themselves or whether other members will be speaking and using the materials too.

MFAT can provide due dates for designating delegation members and will register the delegation with the UN. If a Minister is leading the delegation, they will need to follow Cabinet processes for seeking approval for overseas travel.

Much of the work is in preparing model answers

Model answers are key to a good delegation pack. An example is attached at appendix 1. Agencies should cover questions they expect the Committee might ask. Frequently, the Committee forms questions from NGO submissions, so it is useful to keep an eye out for these. This may require last minute additions to the material.

A model answer follows the template provided by the lead agency to ensure consistency and support the delegation. The purpose of a model answer is to enable delegation members to answer detailed questions on the spot, even for topics with which they are less familiar.

Committee members can seek detailed answers on specific issues. A model answer should be structured so that a delegation member can navigate quickly to the relevant parts amongst material that may be less relevant to the specific question that is asked. Good answers are:

• • Concise but complete: Examinations cover a lot of issues, so answers need to be concise. However, Committee members can ask detailed questions so the delegation should be able to give detailed, robust answers.
  • Honest and direct: New Zealand has a good human rights record, but we are open and honest about areas where we still need to improve. Examinations go best when delegations are direct about remaining problems. Avoiding difficult questions will only expose the delegation to criticism abroad and at home.
  • In plain language: Our answers should address the issues in plain language, avoiding unnecessary jargon and complexity.  If you use existing material and messages, think carefully about how to adapt it for the purpose of an examination.
  • Tailored for the delegation member: Match the delegation member’s preferences and style. For example, some might prefer a high level of detail in speech format while others prefer talking points.
  • For an expert audience: Treaty body members are human rights experts and answers can be pitched accordingly.
  • For an international audience: The level of familiarity with New Zealand varies for different treaty body members. Answers may need to explain things that would be known to a New Zealand audience. Remember to translate te reo Māori words, even if they are commonly used in New Zealand.

A well-structured delegation pack supports a successful examination

Delegation members will be given a well-structured delegation pack. Appendix 2 shows an example of the contents.

Other things a delegation pack should contain and consider:

• • background information (on the treaty, the reporting process, previous decisions, and particular topics)
  • the Committee’s procedure
  • biographies of Committee members and their topics of particular interest – MFAT can provide material if necessary  

The lead agency will work closely with subject matter agencies on the content of the delegation pack to ensure consistency and adequacy. 

The pack can also be updated based on submissions or public statements made by relevant NGOs. The delegation should be prepared for questions accordingly.

The ‘Home Team’ is there to support the delegation

The lead agency will organise a ‘Home Team’ to support the delegation. The Home Team in the lead agency will need to be supported by key contacts from subject matter agencies who can provide information to support requests coming from the delegation via the lead agency. 

The Home Team supports the delegation by providing additional material, if required, and can respond to any questions that need to be answered after the examination. The Home Team is crucial for providing the delegation with responses to unexpected or very specific questions.

The delegation will often receive questions on the first day of an examination that need to be addressed at the beginning of the second day. The Home Team can take advantage of time zones to prepare that information ‘overnight’. The Home Team must be able to cover all topics in scope of the relevant treaty at very short notice. The Home Team is particularly important where the delegation is small or cannot cover all topics that may come up.

There needs to be a clear structure for the Home Team to be able to respond to requests within very short timeframes. The lead agency should provide relevant agencies with clear information about what is required of them, as well as logistics and timing. The lead agency coordinates the responses during the examination to ensure there is a single point of contact for the delegation; all communications go through the lead agency.

While not required, as time allows, the Home team can watch the live stream of the examination as one way of identifying matters that might need to be addressed, or gain understanding of what is happening in Geneva. However, there is not the expectation to be available overnight or to watch the whole live stream.

You can watch recordings (or read transcripts) of previous examinations on the UN Web TV website(external link).  

What happens in Geneva?

From the treaty bodies’ chairpersons’ agreement: Format of dialogues in Geneva
All treaty bodies agree to follow the same general format for the consideration of reports during their Geneva sessions, that is six hours in total, distributed over two sessions within a 24-hour period. In addition, written replies could be provided by the State concerned within 48 hours of the conclusion of the oral dialogue, if needed and appropriate. Exceptionally, the dialogue may take place by videoconference.

In general, Committees devote two public meetings (of three hours each) to the examination of periodic reports, followed by discussions in private. The public sessions will be livestreamed. It is not yet clear to what extent online sessions may become standard or more common. Currently, videoconferences are an exception. 

In order to ensure that they are as well informed as possible, Committees generally invite NGOs and NHRIs to provide reports containing country-specific information on States Parties whose reports are before them. Such information should be submitted in writing (‘shadow reports’), preferably well in advance of the relevant session. The Committees commonly set aside some time of each plenary session to enable representatives of NGOs to provide oral information. Processes may vary from Committee to Committee so their working guides should be checked. Online meetings may be possible.

Committees will commonly set aside the first morning meeting of each session to enable representatives of NGOs to provide oral information. In addition to this, lunch-time briefings are organized to allow NGOs to provide more information to Committee members before the examination of the State report by the Committee (the State is not present).

The following procedure is generally used for the examination: 

Day	Events
Day 1	·         representative of the state introduces the report through brief introductory comments ·         committee members ask questions linked to first half of the LOIPR (specific members usually focus on their topics of interest) ·         short break ·         delegation answers the questions.
Day 2	·         delegation continues answering questions that couldn’t be answered on day one ·         possibly some dialogue with the Committee about the first set of questions ·         committee asks questions linked to the second half of the LOIPR ·         short break ·         delegation answers questions ·         closing remarks by the delegation lead.

In addition to oral replies, written replies can be provided by the State within 48 hours of the conclusion of the oral examination, if needed and appropriate. This is, however, not very common.

The Committee will issue concluding observations 

Following the examination, the Committee will issue concluding observations. These are recommendations to the State for how to better implement the relevant convention. The concluding observations are transmitted via MFAT and New Zealand’s Permanent Mission to the UN in Geneva. Generally, the Government receives a draft for comment. Final versions are also published on the OHCHR website. (external link)

Appendix 1: Template of a model answer

Topic Heading

[Summarise the topic in a sentence. Avoid a narrow model question if possible to allow for the answer to applicable to several questions.]

[The answers must enable the delegation to give oral responses].

[If necessary, provide a model answer for particular sub-topics. There can be as many as necessary]

[If necessary, provide further background information for the delegation.]

Appendix 2: Draft structure of examination packs for delegation (CAT example)