HUMAN RIGHTS COMMITTEE CONCLUDES FIRST READING OF DRAFT GENERAL COMMENT ON ARTICLE 2 OF COVENANT

Human Rights Committee
77th session
1 April 2003
Morning




The Human Rights Committee this morning concluded its first reading of a draft General Comment on article 2 of the International Covenant on Civil and Political Rights entitled "The Nature of the General Legal Obligations Imposed on States Parties to the Covenant". It adopted the text in its first reading.
Article 2 of the Covenant stipulates that each State party should undertake to respect and to ensure to all individuals within its jurisdiction the rights recognized in the Covenant, without distinction of any kind; undertake to take the necessary steps to adopt legislative or other measures to give effect to the rights recognized in the Covenant; ensure that any person whose rights or freedoms are violated should have an effective remedy; ensure that any person claiming such a remedy should have his or her rights determined by competent authorities; and ensure that the competent authorities should enforce such remedies when granted.
Having commenced the first reading during its seventy-sixth session last October, the Committee took up an examination of paragraphs 17 through 21 of the draft General Comment. Committee Expert Sir Nigel Rodley introduced the paragraphs subject to discussion during the Committee’s current meeting, following which the other Experts made suggestions regarding the content and structure of the draft General Comment.
The draft General Comment deals with, in its paragraph 17, the issue of impunity, stating that public officials or State agents deemed to have committed violations of certain Covenant rights might not be granted amnesties or otherwise relieved of personal legal responsibility. Paragraph 18 deals with the need for measures to be taken to prevent the recurrence of a violation, while paragraph 19 deals with the obligation to make reparations to the victims of violations of the Covenant. Furthermore, paragraph 20 is concerned with the instance of an effective remedy requiring, in certain circumstances, States parties to provide for provisional or interim measures to avoid continuing violations and to repair any harm caused at the earliest possible moment. Paragraph 21 reminds States parties who have not yet done so of the importance of ratifying the first Optional Protocol to the Covenant so that individuals can address the Committee regarding alleged violations of their rights.
The Committee also decided to hold its 2004 spring session at United Nations Headquarters in New York, after a discussion of the resumption of its prior practice of holding one session annually at Headquarters.
The Committee will reconvene at 11 a.m. on Friday, 4 April, to issue its concluding observations on the periodic reports of Estonia, Luxembourg and Mali - which were reviewed at its spring session - and to close the session.



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