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HUMAN RIGHTS COMMITTEE TO HOLD EIGHTY-FIRST SESSION IN GENEVA FROM 5 TO 30 JULY 2004

01 July 2004


1 July 2004

Experts to Review the Reports of Belgium, Namibia, Liechtenstein and Serbia and Montenegro and the Situation of Civil and Political Rights in the Central African Republic


Reports submitted by the Governments of Belgium, Namibia, Liechtenstein and Serbia and Montenegro on measures taken to implement the International Covenant on Civil and Political Rights will be reviewed by the Human Rights Committee at its eighty-first session which will be held at the Palais Wilson in Geneva from 5 to 30 July 2004. In addition, it will review the country situation in the Central African Republic in the absence of the report.

On the first day of the session, the 18-member Committee will adopt its agenda and programme of work. The Committee will also hear from representatives of non-governmental organizations and intergovernmental organizations on the situation in the countries which it will review.

As established by its rules of procedure, a working group should have met for a period of one week prior to its eighty-first session. During its eightieth session, the Committee decided to convert the meeting of the working group into a week of meetings of the Committee plenary. Therefore, the eighty-first session will last four weeks.

The Committee is scheduled to examine the fourth periodic report of Belgium on 12 and 13 July; the initial report of Namibia on 14 and 15 July; the initial report of Liechtenstein on 16 July; the initial report of Serbia and Montenegro on 19 and 20 July; and will examine the country situation in the Central African Republic in the absence of a report on 22 July. The Committee will present its concluding observations on the country reports and situation in private sessions at the end of the four-week session on 30 July.

The countries presenting reports are among the 152 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, 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 ninety-six communications are currently pending before the Committee. During the course of the present session, in particular in the first week, the Committee will review a portion of these communications.

Fifty-two States parties have ratified or acceded to the Second Optional Protocol to the Covenant, which aims to abolish the death penalty.

Concluding Remarks on Report of State Party Previously Reviewed

Following is a summary of the Committee's concluding observations and recommendations on the previous report of Belgium. Namibia, Liechtenstein and Serbia and Montenegro are presenting their initial reports.

Concerning the third periodic report of Belgium, considered in October 1998, the Committee commended the establishment of institutions aimed at monitoring the observance of human rights by State authorities, including the Centre for Equality and Against Racism and the committee to monitor the police services and, among other things, noted that the participation of women in public affairs had increased. The Committee welcomed the ongoing measures undertaken by the State party to reform the judicial system and noted with satisfaction that children of illegal immigrants were entitled to education and medical care. The Committee also welcomed the establishment of an inter-ministerial committee with competence over trafficking in persons, prostitution and pornography and welcomed measures taken by Belgium to improve prison conditions. The Committee expressed its grave concern over the reports of widespread police brutality against suspects in custody and about the behaviour of Belgian soldiers in Somalia under the aegis of the United Nations Operation in Somalia (UNOSOM II), and acknowledged that the State party had recognized the applicability of the Covenant in this respect and opened 270 files for purposes of investigation. The Committee regretted that it had not received further information on the results of the investigations and requested the State party to submit this information. The Committee was concerned about the length of pre-trial detention and about the high number of detainees in prisons who were awaiting trial.

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 152 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, Swaziland, 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 52 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, Czech Republic, Denmark, Ecuador, Estonia, Finland, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Norway, Panama, Paraguay, Portugal, Romania, Serbia and Montenegro, Seychelles, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Timor Leste, 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).

Abdelfattah Amor serves as President of the Committee with Rafael Rivas Posada, Sir Nigel Rodley and Roman Wieruszewski serving as Vice Presidents. Ivan Shearer serves as Committee Rapportuer.

Tentative Timetable for Consideration of Reports


Monday, 12 July
Morning Opening; Meeting with representatives on non-governmental and Intergovernmental organizations

Afternoon Belgium: Fourth periodic report (CCPR/C/BEL/2003/4)


Tuesday, 13 July
Morning Belgium (continued)


Wednesday, 14 July
Morning Namibia: Initial report (CCPR/C/NAM/2003/1)

Afternoon Namibia (continued)


Thursday, 15 July
Morning Namibia (continued)


Friday, 16 July
Morning Liechtenstein: Initial report (CCPR/C/LIE/2003/1)

Afternoon Liechtenstein (continued)


Monday,19 July
Morning Serbia and Montenegro: Initial report (CCPR/C/SEMO/2003/1)

Afternoon Serbia and Montenegro (continued)


Tuesday, 20 July
Morning Serbia and Montenegro (continued)


Thursday, 22 July
Morning Central African Republic: Examination of country situation in the absence of a report

Afternoon Central African Republic (continued)