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HUMAN RIGHTS COMMITTEE TO HOLD EIGHTIETH SESSION IN NEW YORK FROM 15 MARCH TO 2 APRIL 2004 Experts to Review the Situation in Colombia, Germany, Suriname, Uganda and Lithuania
11 March 2004
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Reports submitted by the Governments of Colombia, Germany, Suriname, Uganda and Lithuania on measures taken to implement the International Covenant on Civil and Political Rights will be reviewed by the Human Rights Committee at its eightieth session which will be held at United Nations Headquarters in New York from 15 March to 2 April 2004.
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. The Committee will also hear from representatives of non-governmental organizations and intergovernmental organizations on the situation in the countries which it will review.
The Committee is scheduled to examine the fifth periodic report of Colombia on 15 and 16 March; the fifth periodic report of Germany on 17 March; the second periodic report of Suriname on 18 and 19 March; the initial report of Uganda on 22 and 23 March; and the second periodic report of Lithuania on 24 and 25 March.
The countries presenting reports are among the 151 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 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-three 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 Colombia, Germany, Suriname and Lithuania. Uganda is presenting its initial report.
Concerning the initial report of Colombia, considered in March 1997, the Committee welcomed as positive aspects the establishment of an office of the High Commissioner for Human Rights in the country; the creation of a number of institutions and offices to protect and promote human rights; and it appreciated the establishment of a Commission of Inquiry to deal with complaints concerning forced disappearances. The Committee deplored the fact that gross and massive human rights violations continued to occur in the country and that the level of political and criminal violence was still very high. The Committee urged that appropriate and effective measures be taken to ensure that human rights were respected by members of the army, the security forces and the police. It recommended that in order to combat impunity, stringent measures should be adopted to ensure that all allegations of human rights violations were promptly and impartially investigated, that the perpetrators were prosecuted, that appropriate punishment was imposed on those convicted and that the victims were adequately compensated.
In its concluding observations on the fourth periodic report of the Germany, considered in November 1996, the Committee welcomed the fact that the unification of Germany had enabled people of the former GDR to enjoy many of the rights and freedoms protected by the Covenant which were formerly denied to them. Among other things, the Committee expressed concern that there existed instances of ill-treatment of persons by the police, including foreigners and particularly members of ethnic minorities and asylum seekers. It further expressed concern that solitary confinement could be imposed for a period of up to three months and could be further extended by court order. The Committee recommended, among other things, that the Government establish independent bodies throughout the territory of the State for the investigation of complaints of ill-treatment by the police.
In its concluding remarks on the second periodic report of Lithuania, which was considered in November 1997, the Committee noted with great interest that the State party had undertaken major reforms of the legal system, including repeal of preventive detention laws, abolition of the Press Control Board, and subjecting administrative detention to court review. It expressed satisfaction that the new Criminal Code contained no death penalty provisions. Among other things, the Committee was concerned that women still suffered from discrimination, especially in the area of employment and in access to leadership positions in politics and society. The Committee, among other things, recommended that the State party take additional steps to prevent, investigate and prosecute cases of violence against women, including domestic violence, and abuse of children, including sexual abuse, and to promote the right of women and children to personal security.
And concerning Suriname, the Committee considered the situation in October 2002 in the absence of the second periodic report of Suriname but in the presence of a Government delegation from the State party. Following the dialogue, the Committee adopted provisional concluding observations in a private session. It decided that the conclusions would only be made public if the State party did not submit its second periodic report within a specified timeframe. Suriname submitted its second periodic report within that timeframe.
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 151 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, Islamic Republic of Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, 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, Serbia and Montenegro, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, Timor Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, United States of America, 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, Libyan Arab Jamahiriya, 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 49 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, Estonia, 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 of America); Roman Wieruszewski (Poland); Maxwell Yalden (Canada).
Tentative Timetable for Consideration of Reports
Monday, 15 March
afternoon Colombia: Fifth periodic report (CCPR/C/COL/2002/5)
Tuesday, 16 March
morning Colombia (continued)
Wednesday, 17 March
morning Germany: Fifth periodic report (CCPR/C/GER/2002/5)
afternoon Germany (continued)
Thursday, 18 March
Afternoon Suriname: Second periodic report (CCPR/C/SUR/2003/2)
Friday, 19 March
morning Suriname (continued)
Monday,22 March
afternoon Uganda: Initial report (CCPR/C/UGA/2003/1)
Tuesday, 23 March
morning Uganda (continued)
afternoon Uganda (continued)
Wednesday, 24 March
Afternoon Lithuania: Second periodic report (CCPR/C/LTU/2003/2)
Thursday, 25 March
morning Lithuania (continued)
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. The Committee will also hear from representatives of non-governmental organizations and intergovernmental organizations on the situation in the countries which it will review.
The Committee is scheduled to examine the fifth periodic report of Colombia on 15 and 16 March; the fifth periodic report of Germany on 17 March; the second periodic report of Suriname on 18 and 19 March; the initial report of Uganda on 22 and 23 March; and the second periodic report of Lithuania on 24 and 25 March.
The countries presenting reports are among the 151 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 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-three 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 Colombia, Germany, Suriname and Lithuania. Uganda is presenting its initial report.
Concerning the initial report of Colombia, considered in March 1997, the Committee welcomed as positive aspects the establishment of an office of the High Commissioner for Human Rights in the country; the creation of a number of institutions and offices to protect and promote human rights; and it appreciated the establishment of a Commission of Inquiry to deal with complaints concerning forced disappearances. The Committee deplored the fact that gross and massive human rights violations continued to occur in the country and that the level of political and criminal violence was still very high. The Committee urged that appropriate and effective measures be taken to ensure that human rights were respected by members of the army, the security forces and the police. It recommended that in order to combat impunity, stringent measures should be adopted to ensure that all allegations of human rights violations were promptly and impartially investigated, that the perpetrators were prosecuted, that appropriate punishment was imposed on those convicted and that the victims were adequately compensated.
In its concluding observations on the fourth periodic report of the Germany, considered in November 1996, the Committee welcomed the fact that the unification of Germany had enabled people of the former GDR to enjoy many of the rights and freedoms protected by the Covenant which were formerly denied to them. Among other things, the Committee expressed concern that there existed instances of ill-treatment of persons by the police, including foreigners and particularly members of ethnic minorities and asylum seekers. It further expressed concern that solitary confinement could be imposed for a period of up to three months and could be further extended by court order. The Committee recommended, among other things, that the Government establish independent bodies throughout the territory of the State for the investigation of complaints of ill-treatment by the police.
In its concluding remarks on the second periodic report of Lithuania, which was considered in November 1997, the Committee noted with great interest that the State party had undertaken major reforms of the legal system, including repeal of preventive detention laws, abolition of the Press Control Board, and subjecting administrative detention to court review. It expressed satisfaction that the new Criminal Code contained no death penalty provisions. Among other things, the Committee was concerned that women still suffered from discrimination, especially in the area of employment and in access to leadership positions in politics and society. The Committee, among other things, recommended that the State party take additional steps to prevent, investigate and prosecute cases of violence against women, including domestic violence, and abuse of children, including sexual abuse, and to promote the right of women and children to personal security.
And concerning Suriname, the Committee considered the situation in October 2002 in the absence of the second periodic report of Suriname but in the presence of a Government delegation from the State party. Following the dialogue, the Committee adopted provisional concluding observations in a private session. It decided that the conclusions would only be made public if the State party did not submit its second periodic report within a specified timeframe. Suriname submitted its second periodic report within that timeframe.
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 151 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, Islamic Republic of Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, 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, Serbia and Montenegro, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, Timor Leste, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, United States of America, 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, Libyan Arab Jamahiriya, 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 49 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, Estonia, 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 of America); Roman Wieruszewski (Poland); Maxwell Yalden (Canada).
Tentative Timetable for Consideration of Reports
Monday, 15 March
afternoon Colombia: Fifth periodic report (CCPR/C/COL/2002/5)
Tuesday, 16 March
morning Colombia (continued)
Wednesday, 17 March
morning Germany: Fifth periodic report (CCPR/C/GER/2002/5)
afternoon Germany (continued)
Thursday, 18 March
Afternoon Suriname: Second periodic report (CCPR/C/SUR/2003/2)
Friday, 19 March
morning Suriname (continued)
Monday,22 March
afternoon Uganda: Initial report (CCPR/C/UGA/2003/1)
Tuesday, 23 March
morning Uganda (continued)
afternoon Uganda (continued)
Wednesday, 24 March
Afternoon Lithuania: Second periodic report (CCPR/C/LTU/2003/2)
Thursday, 25 March
morning Lithuania (continued)
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