HUMAN RIGHTS COMMITTEE BEGINS FIFTY-SIXTH SESSION AT HEADQUARTERS

Press Release
HR/CT/451

HUMAN RIGHTS COMMITTEE BEGINS FIFTY-SIXTH SESSION AT HEADQUARTERS

The Human Rights Committee this morning approved the agenda for its current session, by which it will consider reports submitted by Mauritius, Spain, Guatemala, Zambia and Nigeria on their compliance with the International Covenant on Civil and Political Rights. Consideration of Peru's periodic report was deferred to the Committee's July session, at the request of that country.

The Committee will also consider 17 communications under the Covenant's first Optional Protocol, which provides for confidential consideration of communications from individuals claiming to be victims of a violation of any Covenant right. The current session will continue through 4 April.

The Committee will also resume its consideration of a draft general comment regarding article 25 of the Covenant. That article addresses the right to take part in the conduct of public affairs, the right to vote and to be elected, and the right to access to public service. The Committee will also review past general comments with a view to identifying Covenant provisions which have not yet been addressed or whose comments need to be updated.

Opening the meeting on behalf of Secretary-General Boutros Boutros- Ghali, Helga Klein, of the Centre for Human Rights, said that since the Committee last met, the General Assembly had adopted a resolution stressing that the Committee should take account of gender perspective in its work. Also, the Committee on Economic, Social and Cultural Rights adopted the view that monitoring of the implementation of the Declaration on the Right to Development should be carried out together with that of economic, social and cultural rights.

The Committee also heard reports on the activities of its working groups on communications and on article 40 of the Covenant, which provides for the submission and consideration of periodic reports by States parties. It approved the list of issues it would raise in connection with the periodic reports of Mauritius, Spain and Zambia, and began discussion of the issues to

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be taken up in connection with Guatemala's initial report, which it will continue this afternoon.

Also this morning, Lord John Mark Alexander Colville, of the United Kingdom, was sworn in as new member of the Committee. He declared his undertaking to discharge his duties impartially and conscientiously -- as provided for in article 38 of the International Covenant on Civil and Political Rights.

Lord Colville was elected on 16 January to fill a vacancy resulting from the resignation of Rosalyn Higgins, of the United Kingdom. On 12 July 1995, Ms. Higgins was elected to serve on the International Court of Justice, becoming the first woman to sit on that body.

The five countries presenting reports during the current session are among the 132 States parties to the International Covenant. The Committee, as a monitoring body, periodically examines reports submitted by States parties on their promotion and protection of civil and political rights. Representatives of those governments will introduce their country reports and respond to oral and written questions from the Committee's 18 members, who serve in their personal capacity.

(For additional background on the current session, see Press Release HR/CT/450, of 14 March.)

The Committee will meet again at 3 p.m. today to conclude its consideration of questions to be presented to States parties.

Statement by Chief of International Instruments Branch

HELGA KLEIN, Chief of the International Instruments Branch of the Centre for Human Rights, welcomed Committee members on behalf of the Secretary- General and the High Commissioner for Human Rights. She said that in view of the financial crisis faced by the Organization, it was unavoidable that current cuts would have an impact on the Committee's work, particularly concerning translation, reproduction and distribution of document. Committee members would be informed of developments in that regard as required.

Briefing the Committee on human rights-related activities since the Committee last met, she said the General Assembly had adopted a resolution stressing the importance for the Committee to take gender perspective into account in its work. It had also adopted a resolution on effective implementation of international human rights instruments by which, among other provisions, it had welcomed all appropriate measures that treaty bodies might take within their mandates in response to situations of massive human rights violations, including bringing such violations to the attention of the High

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Commissioner for Human Rights, the Secretary-General and competent bodies of the United Nations in the field of human rights.

She said the Committee on the Rights of the Child had met twice since the Human Rights Committee's last session. During its November session, it had devoted one day to a general discussion on the topic of the administration of juvenile justice. The need to base criminal responsibility of the child on objective criteria was among issues stressed in the discussion.

The Committee against Torture, she continued, had discussed several procedural issues which, in its view, required amendments to its rules of procedures. A new rule adopted authorized the Chairman, in between sessions, to take action to promote compliance with the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment on the Committee's behalf, "if he receives information which leads him to believe that it is necessary to do so". He should then report on the action taken to the Committee at its following session at the latest. Since its establishment, the Committee had received 40 individuals communications, under its individual complaints procedure. A majority of the cases related to article 3 of the Convention, under which States parties should not expel, return or extradite a person to another State where there are substantial grounds for believing that he/she would be in danger of being subjected to torture.

At its last session in November/December 1995, she went on, the Committee on Economic, Social and Cultural Rights had considered the final report of the working group on the right to development. In the Committee's view, economic, social and cultural rights and the right to development were mutually reinforcing concepts. Accordingly, the Committee considered that monitoring of the implementation of the Declaration on the Right to Development should be carried out together with that of economic, social and cultural rights and expressed its willingness, in principle, to assume, at the appropriate moment, the responsibility of monitoring the Declaration.

She said the Committee on the Elimination of Racial Discrimination had just concluded its forty-eighth session in Geneva. That Committee had adopted two new general recommendations -- relating to the rights to enjoy civil, political, economic, social and cultural rights free of discrimination, and to certain issues of self-determination arising from several articles of the Convention.

Statement by Chairman; Working Group Reports

FRANCISCO JOSE AGUILAR URBINA, expert from Costa Rica and Committee Chairman, drew attention to a letter from Peru proposing that consideration of its report be deferred to the Committee's July session. He states that officers of the highest rank -- including Peru's Minister on Human Rights and

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his adviser -- were in Geneva and could only be present at the Committee's July session.

ANDREAS V. MAVROMMATIS, expert from Cyprus and Chairman of the working group on communications, said the group had experienced difficulties as a result of the current financial restrictions. The group adopted 12 recommendations on specific communications. Together with five items carried forward from its previous session, the Committee would thus be considering a total of 17 communications at the current session. In addition, two communications were deemed inadmissible, while it was recommended that consideration of two other communications be discontinued.

NISUKE ANDO, expert from Japan and Chairman of the working group on article 40, said the group had drafted five lists of issues, covering Spain, Zambia, Peru, Zambia and Guatemala. It had also discussed working methods, including the question preparing the Committee's comments.

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