Reports, submitted by Madagascar, Chile and
Barbados, on measures taken to implement the provisions of the International
Covenant on Civil and Political Rights will be reviewed by the Human Rights
Committee at its eighty-ninth session, to be held at United Nations Headquarters
in New York from 12 to 30 March.
On Monday, 12 March, the Representative of the Secretary-General is expected
to open the session. Four new members of the Committee elected at the
twenty-fifth meeting of States parties to the Covenant on 7 September
2006 will take the oath, and the 18-member Committee will elect a Chairperson,
three Vice-Chairpersons and a Rapporteur. The Committee will then adopt
its agenda and programme of work, and will also hear from representatives
of non-governmental organizations and intergovernmental organizations
on the situation in the countries under consideration.
The Committee is scheduled to examine the third periodic report of Madagascar
on 12 and 13 March; the fifth periodic report of Chile on 14 and 15 March;
and the third periodic report of Barbados on 21 and 22 March. The Committee
will present its concluding observations at the end of its three-week
session, on 30 March.
The concluding remarks of the Committee on the second periodic report
of Madagascar, considered on 15 and 16 July 1991, can be found in document
A/46/40, paragraph 522; its comments on the fourth periodic report of
Chile, considered on 24 March 1999, can be found in document CCPR/C/79/Add.104;
and its observations on the second periodic report of Barbados, which
was considered on 18 July 1988, can be found in document A/43/40, paragraph
547.
The countries presenting reports are among the 160 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, 109 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. A total of 294 communications were pending before the
Committee as of 11 December 2006. During the course of the present session,
most likely during the last week, the Committee will review a portion
of these communications.
Sixty States parties have ratified or acceded to the Second Optional Protocol
to the Covenant, which aims to abolish the death penalty.
The Committee will continue with its consideration of a draft revised
general comment on article 14, on the right to a fair trial.
The Committees Special Rapporteurs for follow-up on concluding observations
and views under the Optional Protocol are also scheduled to provide a
progress report on their activities.
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 and 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 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 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 160 States have ratified or acceded to the Covenant:
Afghanistan, Albania, Algeria, Andorra, Angola, Argentina, Armenia,
Australia, Austria, Azerbaijan, 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 dIvoire, Croatia, Cyprus, Czech Republic, Democratic
Peoples 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, Iraq, Islamic
Republic of Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan,
Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Liberia, Libyan
Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi,
Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia,
Montenegro, 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, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia, South
Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland,
Syrian Arab Republic, Tajikistan, Thailand, Timor-Leste, The former
Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia,
Turkey, 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 109 States are parties to the Optional Protocol: Algeria,
Andorra, 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 dIvoire,
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, Kyrgyzstan,
Latvia, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg,
Madagascar, Mali, Malawi, Maldives, Malta, Mauritius, Mexico, 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 60 States
have ratified or acceded to the Second Optional Protocol: Andorra, Australia,
Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Canada,
Cape Verde, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark,
Djibouti, Ecuador, Estonia, Finland, Georgia, Germany, Greece, Hungary,
Iceland, Ireland, Italy, Liberia, Liechtenstein, Lithuania, Luxembourg,
Malta, Moldova, Monaco, Montenegro, Mozambique, Namibia, Nepal, Netherlands,
New Zealand, Norway, Panama, Paraguay, Portugal, Romania, San Marino,
Serbia, Seychelles, Slovakia, Slovenia, South Africa, Spain, Sweden,
Switzerland, The former Yugoslav Republic of Macedonia, Timor-Leste,
Turkey, Turkmenistan, United Kingdom, Uruguay and Venezuela.
Membership of Committee
The States parties to the Covenant elect the Committees 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); Yuji Iwasawa (Japan);
Prafullachandra Natwarlal Bhagwati (India); Jose Luis Sanchez Cerro
(Peru), Christine Chanet (France); Maurice Glèlè-Ahanhanzo
(Benin); Edwin Johnson Lopez (Ecuador); Walter Kälin (Switzerland);
Ahmed Tawfik Khalil (Egypt); Rajsoomer Lallah (Mauritius); Michael OFlaherty
(Ireland); Elisabeth Palm (Sweden); Rafael Rivas Posada (Colombia);
Sir Nigel Rodley (United Kingdom); Ivan Shearer (Australia);Zonke Zanele
Majodina (South Africa); Ruth Wedgwood (United States); and Iulia Antoanella
Motoc (Romania).