Background Release

Human Rights Committee TO Hold Ninety-Eighth Session in New York 8-26 March

 

Reports submitted by the Governments of Argentina, Mexico, New Zealand and Uzbekistan on measures taken to implement the International Covenant on Civil and Political Rights will be reviewed by the Human Rights Committee at its ninety-eighth session, which will be held in New York at United Nations Headquarters from 8 to 26 March 2010.

On the first day of the session, the 18-member Committee will adopt its agenda and programme of work.  The Committee will then hear, in a closed meeting, from representatives of non-governmental organizations and specialized agencies on the situation in the countries that it will review.

The Committee is scheduled to examine the fifth periodic report of Mexico on Monday afternoon and Tuesday morning, 8 and 9 March; the fourth periodic report of Argentina on Wednesday afternoon and Thursday morning, 10 and 11 March; the third periodic report of Uzbekistan on Thursday afternoon and Friday morning, 11 and 12 March; and the fifth periodic report of New Zealand on Monday afternoon and Tuesday morning, 15 and 16 March, in formal public meetings.  The Committee will adopt and make public its concluding observations on the implementation of the Covenant by these countries at the end of its three-week session on 26 March.

The countries presenting reports are among the 165 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.

Under the Optional Protocol to the Covenant, 113 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.  At present, more than 400 communications are pending before the Committee.  During the course of the present session, the Committee will review a portion of these communications in closed sessions.  Seventy-two States parties have ratified or acceded to the Second Optional Protocol to the Covenant, which aims to abolish the death penalty.

Also during the session, the Committee's Special Rapporteurs for follow-up on concluding observations and for follow-up to Views (Committee opinions and recommendations rendered on communications) are scheduled to provide progress reports on their activities.

The Committee will also hold public meetings to discuss draft General Comment 34 on article 19 of the Covenant, concerning freedom of expression.  In its general comments, the Committee publishes its interpretation of the content of the human rights provisions on thematic issues or its methods of work.

Background on the 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 another legally authorized person.

The Covenant also provides, among other rights, 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 165 States have ratified or acceded to the Covenant:  Afghanistan, Albania, Algeria, Andorra, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, 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, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, the Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Rwanda, Saint Vincent and the Grenadines, Samoa, San Marino, Senegal, Serbia, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, The Former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, United States of America, Uruguay, Uzbekistan, Vanuatu, 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 recognized 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 113 States are parties to the Optional Protocol:  Albania, Algeria, Andorra, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Brazil, 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, Honduras, Hungary, Iceland, Ireland, Italy, Kazakhstan, Kyrgyzstan, Latvia, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Maldives, Mali, Malta, Mauritius, Mexico, Moldova, Mongolia, Montenegro, 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, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Suriname, Sweden, Tajikistan, the former Yugoslav Republic of Macedonia, Togo, Turkey, 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, 48 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 72 States have ratified or acceded to the Second Optional Protocol:  Albania, Andorra, Argentina, Australia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Cape Verde, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Ecuador, Estonia, Finland, France, Georgia, Germany, Greece, Honduras, Hungary, Iceland, Ireland, Italy, Liberia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Moldova, Monaco, Montenegro, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Philippines, Portugal, Romania, Rwanda, San Marino, Serbia, Seychelles, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Timor-Leste, Turkey, Turkmenistan, Ukraine, United Kingdom, Uruguay, Uzbekistan and Venezuela.

Membership of Committee

The States 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); Lazhari Bouzid (Algeria); Prafullachandra Natwarlal Bhagwati (India); Christine Chanet (France); Mahjoub El-Haiba (Morocco); Ahmed Amin Fathalla (Egypt); Yuji Iwasawa (Japan); Hellen Keller (Switzerland); Rajsoomer Lallah (Mauritius); Zonke Zanele Majodina (South Africa); Iulia Antoanella Motoc (Romania); Michael O'Flaherty (Ireland); José Luis Perez Sanchez-Cerro (Perú);

Rafael Rivas Posada (Colombia); Nigel Rodley (United Kingdom); Fabian Omar Salvioli (Argentina); Krister Thelin (Sweden); and Ruth Wedgwood (United States).

For a full programme of work, please go to the following address on the Committee’s web page:  http://www2.ohchr.org/english/bodies/hrc/hrcs98.htm.

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For information media • not an official record