HUMAN RIGHTS COMMITTEE TO HOLD 79TH SESSION IN GENEVA FROM 20 OCTOBER TO 7 NOVEMBER

Background Release

HUMAN RIGHTS COMMITTEE TO HOLD 79TH SESSION IN GENEVA FROM 20 OCTOBER TO 7 NOVEMBER

Experts to Review Situation in Philippines,

Russian Federation, Equatorial Guinea, Latvia, Sri Lanka

(Reissued as received.)

GENEVA, 16 October (UN Information Service) -- Reports submitted by the Governments of the Philippines, Russian Federation, Latvia and Sri Lanka on measures taken to implement the International Covenant on Civil and Political Rights will be reviewed by the Human Rights Committee at its seventy-ninth session which will be held at the Palais Wilson in Geneva from 20 October to 7 November 2003.  The situation in Equatorial Guinea will be examined in the absence of a report.

On the first day of its session, the 18-member Committee is expected to adopt its agenda and programme of work.  Under organizational and other matters, the Experts will consider the report of a pre-sessional Working Group, as well as miscellaneous issues relevant to the Committee's business.  And the Committee will hear from representatives of non-governmental organizations during its first meeting.

The Committee is scheduled to examine the second periodic report of the Philippines on 20 and 21 October; the fifth periodic report of the Russian Federation on 23 and 24 October; the situation in Equatorial Guinea, which has never submitted a report to the Committee, on 27 October; the second periodic report of Latvia on 28 and 29 October; and the fourth periodic report of Sri Lanka on 31 October and 3 November.

The countries presenting reports are among the 150 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.  Representatives of those governments introduce the reports and respond to oral and written questions from Committee members.

During its session, the Committee may continue consideration of a draft general comment on article 2 of the Covenant on the effective remedies for violations of the Covenant.

Under the Optional Protocol to the Covenant, 104 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.  Two hundred and fifty-nine communications are currently pending before the Committee.

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

Concluding Remarks on Reports of States Parties Previously Reviewed

Following is a summary of the Committee's concluding observations and recommendations on the previous reports of the Philippines, Russian Federation, Latvia and Sri Lanka.  Equatorial Guinea has never submitted a report to the Committee.

Concerning the initial report of the Philippines, considered in April 1989, the Committee members thanked the Philippine delegation for providing useful and detailed answers to the questions, and especially for its frank and honest attitude in recognizing the human rights problems that existed in the country.  They noted that the Government had clearly made commendable efforts during the difficult stage of transition from dictatorship to democracy to safeguard human rights.  The Committee Experts pointed to a number of areas of continued concern, including the virtual omnipotent of the Philippine security forces and the inadequate jurisdiction of the ordinary courts, in particular owing to the non-repeal of Presidential Decree No. 1850, with respect to human rights violations by members of those forces; the continuing existence and activities of paramilitary groups; the rising number of torture victims; the threats to lawyers and other human rights advocates; and the situation of ethnic and linguistic groups whose land had been taken over by agricultural enterprises.

In its concluding observations on the fourth report of the Russian Federation, considered in July 1995, the Committee expressed its satisfaction about the fundamental and positive changes that had taken place in the country.  Among other things, the Committee expressed concern that the profound legislative changes taking place within the State party had not been matched by the actual protection of human rights at the implementation level.  It was also concerned that, despite guarantees of equality in the Constitution and in labour legislation, the de facto situation of women was one of continuing inequality.  It further expressed grave concern over the lack of a monitoring mechanism for penitentiary facilities to ensure humane treatment of detainees and prisoners.  The Committee recommended, among other things, that the Government reduce substantially the number of crimes for which the death penalty might be imposed.  It also recommended that the “propiska” (residence permit for citizens) system be abolished throughout the country without exception.

In its concluding remarks on the initial report of Latvia, which was considered in July 1995, the Committee noted with satisfaction that there had been significant progress in securing civil and political rights in Latvia since the proclamation of the renewal of independence.  It also noted with satisfaction the elimination of capital punishment as a potential penalty for several types of economic crimes.  The Committee, among other things, was deeply concerned that the Latvian legal system had not yet provided for effective mechanisms of investigation in respect of violations of human rights.  It was, in particular, concerned at allegations of mistreatment of detainees and at the conditions in places of detention which did not comply with article 10 of the Covenant or other international standards.  The Committee recommended, among other things, that the State party take appropriate measures to provided effective and efficient remedies for all persons whose rights under the Covenant had been violated.

In its concluding remarks on the third periodic report of Sri Lanka, the Committee welcomed the initiatives being undertaken by the Government to further the protection and promotion of human rights in the country.  It expressed satisfaction at the Government’s stated policy of not implementing death sentences and that corporal punishment as a penalty had been suspended for the last 10 years.  Among other things, the Committee was seriously concerned about the information received of cases of loss of life of civilians, disappearances, torture, and summary executions and arbitrary detention caused by both parties in the conflict.  The Committee, among other things, strongly recommended that the State party take steps to ensure that its domestic laws were in full compliance with the Covenant; and that the present provisions by which freedom of the press could be restricted by reason of parliamentary privilege should be removed.

      Background on 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 150 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, Djibouti, 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, 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, Serbia and Montenegro, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, Tajikistan, Thailand, Timor-Leste, Togo, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, United States, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, 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 104 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, Djibouti, 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, Serbia and Montenegro, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Suriname, Sweden, Tajikistan, The former Yugoslav Republic of Macedonia, Togo, Turkmenistan, Uganda, Ukraine, Uruguay, Uzbekistan, Venezuela, 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 48 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, Serbia and Montenegro, Seychelles, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Turkmenistan, United Kingdom, Uruguay, and Venezuela.

      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); Alfredo Castillero Hoyos (Panama); Christine Chanet (France); Franco Depasquale (Malta); Maurice Glèlè-Ahanhanzo (Benin); Walter Kälin (Switzerland); Ahmed Tawfik Khalil (Egypt); Rajsoomer Lallah (Mauritius); Rafael Rivas Posada (Colombia); Sir Nigel Rodley (United Kingdom of Great Britain and Northern Ireland); Martin Scheinin (Finland); Ivan Shearer (Australia); Hipolito Solari-Yrigoyen (Argentina); Ruth Wedgwood (United States); Roman Wieruszewski (Poland); Maxwell Yalden (Canada).

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