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13 October 2000
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13 October 2000
Experts to Examine Reports of Trinidad and Tobago, Uzbekistan,
Denmark, Peru, Argentina and Gabon
Reports submitted by the Governments of Trinidad and Tobago, Uzbekistan, Denmark, Peru, Argentina and Gabon on measures taken to implement the International Covenant on Civil and Political Rights will be considered by the Human Rights Committee at its seventieth session, to be held at the Palais Wilson at Geneva from 16 October to 3 November 2000.
The opening meeting will be held at 10:30 a.m. on 16 October when the Committee members will adopt their programme of work. According to the provisional timetable, the Committee will examine the combined third and fourth reports of Trinidad and Tobago on 16 and 17 October; the initial report of Uzbekistan on 18 and 19 October; the fourth report of Denmark on 20 October; the fourth report of Peru on 23 and 24 October; the third report of Argentina on 25 and 26 October; and the second report of Gabon on 27 October.
The countries presenting reports are among the 148 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 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 by the Committee's 18 members, who serve in their personal capacity.
Under the Optional Protocol to the Covenant, 97 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 268 cases. One hundred and eighty-one communications are pending before the Committee.
In addition, the Committee will have before it summaries of a number of recently registered communications and summaries of new communications registered after its last session, together with an indication of any action which may have been taken by the Special Rapporteur on new communications.
Forty-four States parties have ratified or acceded to the Second Optional Protocol to the Covenant, which aims at the abolition of the death penalty.
At this session, the Committee will continue consideration of its draft general comments on article 4 of the Covenant concerning states of emergency and derogations. And it will also start discussion on a draft general comment on racism and xenophobia.
The Committee will also review the status of its contribution to the World Conference against Racism and will conduct a special meeting with States parties on 30 October.
Concluding observations on the last reports submitted by Trinidad and Tobago, Denmark, Peru, Argentina and Gabon
When it reviewed the second periodic report of Trinidad and Tobago in October 1987, the Committee said that while progress had been made in Trinidad and Tobago regarding the recognition of fundamental rights, which was remarkable in a society of such religious, cultural and racial diversity, a number of areas of concern still remained. They related to the death penalty and the lengthy period of waiting and uncertainty in prisons to which persons sentenced to capital punishment were exposed to. Other areas of concern included excessive use of firearms by the police, the length of pre-trial detention, states of emergency, the right to leave the country, the situation of women and of children born out of wedlock and the wide latitude enjoyed by the State in respect of derogations from certain fundamental rights.
In its final observations on the third periodic report of Denmark, the Committee noted, with appreciation, the high level of achievement in the respect for human rights in Denmark. It also noted with satisfaction the measures adopted by the Danish Government in order to ensure that ethnic and linguistic minorities enjoyed the rights set forth in the Covenant without discrimination. The Committee expressed its concern with the methods of crowd control employed by the police forces, including the use of dogs, against participants in various demonstrations or gatherings which, on certain occasions, had resulted in the serious injuries to persons in the crowds, including bystanders. It urged the Government of the State party to further the training of the police forces in methods of crowd control and of handling offenders, including those suffering from mental disorder; and to keep these issues constantly under review. The Committee recommended that the authorities reconsider the use of dogs in crowd control.
In its concluding observations on the third periodic report of Peru, considered in October 1996, the Committee welcomed the establishment of the Standing Commission on the Rights of Women and of other organs designed to foster equality among men and women in Peru. It also welcomed the establishment of offices to provide advice and care in cases of violence and abuse against children and adolescents. The Committee deplored the fact that Peru had ignored both the Committee's concerns while it considered the second periodic report and its recommendations. It was also deeply concerned about the power of the police to decide to hold a person incommunicado for up to two weeks. The Committee recommended that the provisions of the Civil and Penal Codes should be revised in the light of the obligations laid down in the Covenant. Peru must also ensure that laws relating to rape, sexual abuse and violence against women provide women with effective protection.
After reviewing the second periodic report of Argentina in March 1995, the Committee noted with satisfaction Argentina's continuous progress in its efforts to democratize and to match its level of human rights protection with international standards. It welcomed the programmes established for the advancement of women's equality and particularly welcomed the recognition on the part of the State party of violence against women as a matter of concern.
The Committee reiterated its concern that Act 23,521 (Law of Due Obedience) and Act 23,492 (Law of Punto Final) denied effective remedy to victims of human rights violations. The Committee was also concerned about threats to members of the judiciary, and attacks against journalists and unionists, and the lack of protection afforded to them. It recommended that the State party continue to investigate the whereabouts of disappeared persons, to complete urgently investigations into the allegations of illegal adoption of children of disappeared persons, and to take appropriate action. It also urged that all necessary steps be taken to prevent cases of excessive use of force, torture, arbitrary detention or extrajudicial execution by members of the armed forces or the police.
And when it considered the initial report of Gabon in October 1996, the Committee in its concluding observations welcomed the positive political evolution of Gabon towards a multi-party and pluralistic democracy since the entry into force of the 1991 Constitution and its amendment of 18 March 1994. It also welcomed Gabon's accession without any reservation to various international human rights instruments. Principal subjects of concern included that the non-discrimination clauses in the Covenant were not fully reflected in the Constitution. Particular concern was expressed at the prevailing discriminatory attitudes in society towards women and at the insufficiency and lack of effectiveness of measures adopted to prevent them.
The Committee recommended that the Covenant be incorporated in the domestic legal order and that all grounds on which discrimination was prohibited be incorporated in the relevant provisions of the Constitution. It further recommended that the State party consider the abolition of the death penalty and accession to the Second Optional Protocol to the Covenant.
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 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 148 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, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Iran, Islamic Republic of Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, 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, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, United States of America, 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. No communications can be received by the Committee if it concerns a State party to the Covenant that is not also a party to the Optional Protocol.
The following 97 States are parties to the Optional Protocol: Algeria, Angola, Argentina, Armenia, Australia, Austria, 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, Guinea, Guyana, Hungary, Iceland, Ireland, Italy, Jamaica, Kyrgyzstan, Latvia, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malta, Mauritius, 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, Trinidad and Tobago, 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 Covenant's 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. They are: Algeria, Argentina, Australia, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Congo, Croatia, Czech Republic, Denmark, Ecuador, Finland, Gambia, Germany, Guyana, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, New Zealand, Norway, Peru, Philippines, Poland, Republic of Korea, Russian Federation, Senegal, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tunisia, Ukraine, United Kingdom of Northern Ireland, United States of America and Zimbabwe.
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 44 States have ratified or acceded to the Second Optional Protocol: Australia, Australia, Austria, Azerbaijan, Belgium, Bulgaria, Cape Verde, Colombia, Costa Rica, Croatia, Cyprus, Denmark, Ecuador, Finland, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, 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, United Kingdom of Great Britain and Northern Ireland, Turkmenistan, Uruguay and Venezuela.
Membership of Committee
The Committee's 18 expert members, who serve in their individual capacity, are elected by the State parties to the Covenant 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); Lord Colville (United Kingdom); Elizabeth Evatt (Australia); Pilar Gaitan de Pombo (Colombia); Louis Henkin (United States); Eckart Klein (Germany); David Kretzmer (Israel); Rajsoomer Lallah (Mauritius); Cecilia Medina Quiroga (Chile); Fausto Pocar (Italy); Hipolito Solari Yrigoyen (Argentine); Martin Scheinin (Finland); Roman Wieruszewski (Poland); Maxwell Yalden (Canada); and Abdallah Zakhia (Lebanon).
Ms. Medina Quiroga is Chairperson of the session while Ms. Evatt, Mr. Bhagwati and Mr. Amor are Vice-Chairpersons. Lord Colville is Rapporteur. Mr. Kretzmer is the Special Rapporteur for new communications, and Ms. Chanet is the Special Rapporteur for follow-up.
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Experts to Examine Reports of Trinidad and Tobago, Uzbekistan,
Denmark, Peru, Argentina and Gabon
Reports submitted by the Governments of Trinidad and Tobago, Uzbekistan, Denmark, Peru, Argentina and Gabon on measures taken to implement the International Covenant on Civil and Political Rights will be considered by the Human Rights Committee at its seventieth session, to be held at the Palais Wilson at Geneva from 16 October to 3 November 2000.
The opening meeting will be held at 10:30 a.m. on 16 October when the Committee members will adopt their programme of work. According to the provisional timetable, the Committee will examine the combined third and fourth reports of Trinidad and Tobago on 16 and 17 October; the initial report of Uzbekistan on 18 and 19 October; the fourth report of Denmark on 20 October; the fourth report of Peru on 23 and 24 October; the third report of Argentina on 25 and 26 October; and the second report of Gabon on 27 October.
The countries presenting reports are among the 148 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 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 by the Committee's 18 members, who serve in their personal capacity.
Under the Optional Protocol to the Covenant, 97 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 268 cases. One hundred and eighty-one communications are pending before the Committee.
In addition, the Committee will have before it summaries of a number of recently registered communications and summaries of new communications registered after its last session, together with an indication of any action which may have been taken by the Special Rapporteur on new communications.
Forty-four States parties have ratified or acceded to the Second Optional Protocol to the Covenant, which aims at the abolition of the death penalty.
At this session, the Committee will continue consideration of its draft general comments on article 4 of the Covenant concerning states of emergency and derogations. And it will also start discussion on a draft general comment on racism and xenophobia.
The Committee will also review the status of its contribution to the World Conference against Racism and will conduct a special meeting with States parties on 30 October.
Concluding observations on the last reports submitted by Trinidad and Tobago, Denmark, Peru, Argentina and Gabon
When it reviewed the second periodic report of Trinidad and Tobago in October 1987, the Committee said that while progress had been made in Trinidad and Tobago regarding the recognition of fundamental rights, which was remarkable in a society of such religious, cultural and racial diversity, a number of areas of concern still remained. They related to the death penalty and the lengthy period of waiting and uncertainty in prisons to which persons sentenced to capital punishment were exposed to. Other areas of concern included excessive use of firearms by the police, the length of pre-trial detention, states of emergency, the right to leave the country, the situation of women and of children born out of wedlock and the wide latitude enjoyed by the State in respect of derogations from certain fundamental rights.
In its final observations on the third periodic report of Denmark, the Committee noted, with appreciation, the high level of achievement in the respect for human rights in Denmark. It also noted with satisfaction the measures adopted by the Danish Government in order to ensure that ethnic and linguistic minorities enjoyed the rights set forth in the Covenant without discrimination. The Committee expressed its concern with the methods of crowd control employed by the police forces, including the use of dogs, against participants in various demonstrations or gatherings which, on certain occasions, had resulted in the serious injuries to persons in the crowds, including bystanders. It urged the Government of the State party to further the training of the police forces in methods of crowd control and of handling offenders, including those suffering from mental disorder; and to keep these issues constantly under review. The Committee recommended that the authorities reconsider the use of dogs in crowd control.
In its concluding observations on the third periodic report of Peru, considered in October 1996, the Committee welcomed the establishment of the Standing Commission on the Rights of Women and of other organs designed to foster equality among men and women in Peru. It also welcomed the establishment of offices to provide advice and care in cases of violence and abuse against children and adolescents. The Committee deplored the fact that Peru had ignored both the Committee's concerns while it considered the second periodic report and its recommendations. It was also deeply concerned about the power of the police to decide to hold a person incommunicado for up to two weeks. The Committee recommended that the provisions of the Civil and Penal Codes should be revised in the light of the obligations laid down in the Covenant. Peru must also ensure that laws relating to rape, sexual abuse and violence against women provide women with effective protection.
After reviewing the second periodic report of Argentina in March 1995, the Committee noted with satisfaction Argentina's continuous progress in its efforts to democratize and to match its level of human rights protection with international standards. It welcomed the programmes established for the advancement of women's equality and particularly welcomed the recognition on the part of the State party of violence against women as a matter of concern.
The Committee reiterated its concern that Act 23,521 (Law of Due Obedience) and Act 23,492 (Law of Punto Final) denied effective remedy to victims of human rights violations. The Committee was also concerned about threats to members of the judiciary, and attacks against journalists and unionists, and the lack of protection afforded to them. It recommended that the State party continue to investigate the whereabouts of disappeared persons, to complete urgently investigations into the allegations of illegal adoption of children of disappeared persons, and to take appropriate action. It also urged that all necessary steps be taken to prevent cases of excessive use of force, torture, arbitrary detention or extrajudicial execution by members of the armed forces or the police.
And when it considered the initial report of Gabon in October 1996, the Committee in its concluding observations welcomed the positive political evolution of Gabon towards a multi-party and pluralistic democracy since the entry into force of the 1991 Constitution and its amendment of 18 March 1994. It also welcomed Gabon's accession without any reservation to various international human rights instruments. Principal subjects of concern included that the non-discrimination clauses in the Covenant were not fully reflected in the Constitution. Particular concern was expressed at the prevailing discriminatory attitudes in society towards women and at the insufficiency and lack of effectiveness of measures adopted to prevent them.
The Committee recommended that the Covenant be incorporated in the domestic legal order and that all grounds on which discrimination was prohibited be incorporated in the relevant provisions of the Constitution. It further recommended that the State party consider the abolition of the death penalty and accession to the Second Optional Protocol to the Covenant.
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 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 148 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, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Iran, Islamic Republic of Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, 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, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, United States of America, 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. No communications can be received by the Committee if it concerns a State party to the Covenant that is not also a party to the Optional Protocol.
The following 97 States are parties to the Optional Protocol: Algeria, Angola, Argentina, Armenia, Australia, Austria, 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, Guinea, Guyana, Hungary, Iceland, Ireland, Italy, Jamaica, Kyrgyzstan, Latvia, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malta, Mauritius, 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, Trinidad and Tobago, 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 Covenant's 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. They are: Algeria, Argentina, Australia, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Congo, Croatia, Czech Republic, Denmark, Ecuador, Finland, Gambia, Germany, Guyana, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, New Zealand, Norway, Peru, Philippines, Poland, Republic of Korea, Russian Federation, Senegal, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tunisia, Ukraine, United Kingdom of Northern Ireland, United States of America and Zimbabwe.
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 44 States have ratified or acceded to the Second Optional Protocol: Australia, Australia, Austria, Azerbaijan, Belgium, Bulgaria, Cape Verde, Colombia, Costa Rica, Croatia, Cyprus, Denmark, Ecuador, Finland, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, 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, United Kingdom of Great Britain and Northern Ireland, Turkmenistan, Uruguay and Venezuela.
Membership of Committee
The Committee's 18 expert members, who serve in their individual capacity, are elected by the State parties to the Covenant 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); Lord Colville (United Kingdom); Elizabeth Evatt (Australia); Pilar Gaitan de Pombo (Colombia); Louis Henkin (United States); Eckart Klein (Germany); David Kretzmer (Israel); Rajsoomer Lallah (Mauritius); Cecilia Medina Quiroga (Chile); Fausto Pocar (Italy); Hipolito Solari Yrigoyen (Argentine); Martin Scheinin (Finland); Roman Wieruszewski (Poland); Maxwell Yalden (Canada); and Abdallah Zakhia (Lebanon).
Ms. Medina Quiroga is Chairperson of the session while Ms. Evatt, Mr. Bhagwati and Mr. Amor are Vice-Chairpersons. Lord Colville is Rapporteur. Mr. Kretzmer is the Special Rapporteur for new communications, and Ms. Chanet is the Special Rapporteur for follow-up.
* *** *