HUMAN RIGHTS COMMITTEE TO HOLD SEVENTY-FIFTH SESSION

IN GENEVA 8-26 JULY

Reports of New Zealand, Viet Nam, Gambia,

Yemen and Republic of Moldova to Be Examined

GENEVA, 5 July (UN Information Service) -- Reports submitted by the Governments of New Zealand, Viet Nam, Yemen and the Republic of Moldova on measures taken to implement the International Covenant on Civil and Political Rights will be considered by the Human Rights Committee at its seventy-fifth session, to be held at the Palais Wilson in Geneva from 8 to 26 July. Gambia will be considered, in the absence of a second periodic report, under a new procedure that entered into force in March 2001.

The opening meeting will be held at 10 a.m. on Monday, 8 July when the Committee members will adopt their programme of work.  Under organizational and other matters, the Experts will consider the report of its pre-sessional working group, as well as working methods.

According to the provisional timetable, the Committee will examine the fourth periodic report of New Zealand on 9 and 10 July; the second periodic report of Viet Nam on 11 and 12 July; the situation of Gambia, in the absence of a report, on 15 and 16 July; the third periodic report of Yemen on 17 and 18 July; and the initial report of the Republic of Moldova on 18 and 19 July.

The countries presenting reports are among the 149 States parties to the Covenant, which was adopted in 1966 by the General Assembly.  The Committee, as a monitoring body, periodically examines reports submitted by States parties on the promotion and protection of civil and political rights in their respective countries.  Representatives of those Governments will introduce their country reports and respond to oral and written questions by the Committee's 18 members, who serve in their personal capacity.

Under the Optional Protocol to the Covenant, 102 States parties recognize the competence of the Committee to consider confidential communications from individuals claiming to be victims of violations of any rights proclaimed under the treaty.  Since the procedure began in 1977, the Committee has found violations in 282 cases.  One hundred and ninety-four communications are pending before the Committee.

Forty-seven States parties have ratified or acceded to the Second Optional Protocol to the Covenant, which aims to abolish the death penalty.

At this session, the Committee may continue consideration of a draft general comment on article 2 concerning the provision of effective remedies for violations of the Covenant.

Concluding Observations on Previous Reports Submitted

When the Committee reviewed the third periodic report of New Zealand in March 1995, it noted with appreciation the level of achievement in respect of human rights in the country, welcoming widely based legislation to provide protection against domestic violence.  It also welcomed the important developments that had occurred in relation to the interests of the Maori people. Among principal subjects of concern, the Committee said it was concerned about the absence of express provision for remedies for all those whose rights under the Covenant or the Bill of Rights had been violated.   The Committee recommended that the Bill of Rights be revised in order to bring it into full conformity with the provisions of the Covenant.

With regard to the initial report of Viet Nam, which was considered in July 1990, the Committee made general observations noting that real pluralism had not yet been introduced in the country and that problems still remained in providing the exercise of political rights.    It said that Vietnamese law and practice were far from being in conformity with the Covenant.   Concerning the practice of re-education, the Committee wondered whether concrete evidence of criminal conduct was available in respect of all detainees in re-education camps and which courts had decided such cases, and when such trials had taken place.

The Committee considered the initial report of Gambia in April 1984 without any final observations.  At the end of the discussion of the report, the Committee stressed its satisfaction at the excellent exchange of views and said, among other things, that the Committee had rarely had the benefit of such a clear, concise and well-informed response.

Finally, in its concluding observations on the second periodic report of Yemen, considered in March 1995, the Committee welcomed the Government's efforts to raise awareness of human rights issues by disseminating the texts of the human rights treaties, including the Covenant.   Principal subjects of concern included the lack of clarity regarding the role and competences of the political security forces, as well as the general amnesty granted to civilian and military personnel for human rights violations they might have committed against civilians during the civil war.  The Committee recommended that the Government review its policy on the death penalty with a view to eventually abolishing it.

Background of Covenant

The International Covenant on Civil and Political Rights was adopted by the General Assembly and opened for signature in 1966, together with the International Covenant on Economic, Social and Cultural Rights.  Both entered into force in 1976.

The Civil and Political Rights Covenant begins by stating that all peoples have the right of self-determination.  It recognizes that everyone has the right to life, liberty and security of person.  It prohibits torture, cruel or degrading treatment or punishment, and the arbitrary deprivation of life.  Anyone arrested is to be informed of the reasons for the arrest, and anyone arrested or detained on a criminal charge is to be brought promptly before a judge or other legally authorized person.

The Covenant also provides, among other things, for freedom of movement, and places limitations upon the expulsion of aliens present lawfully in the territory of a State party.  In addition, the right to freedom of thought, conscience, religion and to freedom of expression are recognized by the Covenant, which also prohibits any propaganda for war or any advocacy of national, racial or religious hatred.

States Parties to Covenant

The following 149 States have ratified or acceded to the Covenant: Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Democratic People's Republic of Korea, Democratic Republic of the Congo, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Iraq, Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Mali, Malta, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Vincent and the Grenadines, San Marino, Senegal, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, Tajikistan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, United States, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, and Zimbabwe.

Optional Protocols to Covenant

The Optional Protocol to the Covenant provides for the confidential consideration of communications from individuals who claim to be victims of a violation of any rights proclaimed in the Covenant.  The Committee can receive no communications if it concerns a State party to the Covenant that is not also a party to the Optional Protocol.

The following 102 States are parties to the Optional Protocol:  Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Dominican Republic, Ecuador, El Salvador, Equatorial Guinea, Estonia, Finland, France, Gambia, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Hungary, Iceland, Ireland, Italy, Kyrgyzstan, Latvia, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Mali, Malawi, Malta, Mauritius, Mexico, Mongolia, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Saint Vincent and the Grenadines, San Marino, Senegal, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia, Spain, Sri Lanka, Suriname, Sweden, Tajikistan, the former Yugoslav Republic of Macedonia, Togo, Turkmenistan, Uganda, Ukraine, Uruguay, Uzbekistan, Venezuela, Yugoslavia, and Zambia. 

The Human Rights Committee is also mandated, under article 41 of the Covenant, to consider communications from a State party alleging violations of the Covenants provisions by another State party.  This procedure can be applied when both States recognize this competence of the Committee by a relevant declaration.  So far, 47 States have made the declaration under article 41.  The Second Optional Protocol to the Covenant, which aims at the abolition of the death penalty, was adopted by the General Assembly on 15 December 1989 and entered into force on 11 July 1991. The following 47 States have ratified or acceded to the Second Optional Protocol: Australia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Cape Verde, Colombia, Costa Rica, Croatia, Cyprus, Denmark, Ecuador, Finland, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Norway, Panama, Portugal, Romania, Seychelles, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Turkmenistan, United Kingdom, Uruguay, Venezuela and Yugoslavia. 

Membership of Committee

The State parties to the Covenant elect the Committee's 18 expert members, who serve in their individual capacity, for four-year terms.  Article 28 of the Covenant requires that "they shall be persons of high moral character and recognized competence in the field of human rights."

They are:  Abdelfattah Amor (Tunisia); Nisuke Ando (Japan); Prafullachandra Natwarlal Bhagwati (India); Christine Chanet (France); Maurice Glele Ahanhanzo (Benin); Louis Henkin (United States); Eckart Klein (Germany); David Kretzmer (Israel); Rajsoomer Lallah (Mauritius); Cecilia Medina Quiroga (Chile); Rafael Rivas Posada (Colombia); Nigel Rodley (United Kingdom); Martin Scheinin (Finland); Ivan Shearer (Australia); Hipolito Solari Yrigoyen (Argentina); Ahmed Tawfik Khalil (Egypt); Patrick Vella (Malta); and Maxwell Yalden (Canada).

Mr. Bhagwati is Chairperson of the Committee.  Mr. Kretzmer and Mr. Yrigoyen are Vice-Chairpersons and Mr. Klein is the Rapporteur.

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