HUMAN RIGHTS COMMITTEE TO HOLD ITS NINETY-FOURTH SESSION IN GENEVA FROM 13 TO 31 OCTOBER 2008

Human Rights Committee
BACKGROUND RELEASE


9 October 2008


Experts to Review Reports of Denmark, Monaco, Japan, Nicaragua and Spain


Reports submitted by the Governments of Denmark, Monaco, Japan, Nicaragua and Spain on measures taken to implement the International Covenant on Civil and Political Rights will be reviewed by the Human Rights Committee at its ninety-fourth session, which will be held in Geneva at the Palais Wilson from 13 to 31 October 2008.

On the first day of the session, the 18-member Committee will adopt its agenda and programme of work. It also will swear in a new member, Helen Keller, who was elected on 28 July 2008 at the twenty-sixth meeting of States parties to the Covenant to replace Committee Expert Walter Kaelin (Switzerland), who resigned on 8 April 2008. The Committee will then hear, in a closed meeting, from representatives of non governmental organizations and intergovernmental organizations on the situation in the countries that it will review.

The Committee is scheduled to examine the fifth periodic report of Denmark on Monday afternoon and Tuesday morning, 13 and 14 October; the second periodic report of Monaco on Tuesday afternoon and Wednesday morning, 14 and 15 October; the fifth periodic report of Japan on Wednesday afternoon and Thursday morning, 15 and 16 October; the third periodic report of Nicaragua all day on Friday, 17 October; and the fifth periodic report of Spain on Monday afternoon and Tuesday morning, 20 and 21 October; in formal public meetings. The Committee will present its concluding observations on the implementation of the Covenant by these countries at the end of its three-week session on 31 October.

The countries to be reviewed during this session have all come before the Committee before. The Committee considered the fourth periodic report of Denmark on 20 October 2000, and issued concluding observations on it in document CCPR/CO/70/DNK; it examined the initial report of Monaco on 13 July 2001, and published its concluding observations on it in document CCPR/CO/72/MCO; the Committee reviewed the fourth periodic report of Japan on 28 and 29 October 1998, and issued its concluding observations on it in document CCPR/C/79/Add.102; it took up the second periodic report of Nicaragua on 4 and 5 April 1990, and made public its concluding observations in document A/45/40, volume I, paragraphs 388 to 427; and on 20 and 21 March 1996, the Committee considered the fourth periodic report of Spain, issuing its concluding observations on that report in document CCPR/C/79/Add.61.

The countries presenting reports are among the 162 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, 111 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. At present, 409 communications are pending before the Committee. During the course of the present session, the Committee will review a portion of these communications. The Committee will also hold a public meeting to review a draft General Comment on States parties' obligations under the Optional Protocol to the Covenant.
Sixty-eight States parties have ratified or acceded to the Second Optional Protocol to the Covenant, which aims to abolish the death penalty.

Also at its ninety-fourth session, the Committee's Special Rapporteurs for follow-up on concluding observations and for follow-up on Views (Committee opinions and recommendations rendered on communications) are scheduled to provide progress reports on their activities. In addition, the Committee will hold a public meeting with the head of OHCHR’s National Institutions Unit, and later that same morning, the Committee will discuss its working methods.

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 another legally authorized person.

The Covenant also provides, among other rights, 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 162 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 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, Indonesia, Iran, Iraq, 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, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Rwanda, Saint Vincent and the Grenadines, Samoa, 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, The Former Yugoslav Republic of Macedonia, 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 recognized 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 111 States are parties to the Optional Protocol: Albania, 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 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, Honduras, Hungary, Iceland, Ireland, Italy, Kyrgyzstan, Latvia, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Maldives, Mali, Malta, Mauritius, Mexico, Moldova, 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 68 States have ratified or acceded to the Second Optional Protocol: Albania, Andorra, Argentina, Australia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Cape Verde, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Ecuador, Estonia, Finland, France, Georgia, Germany, Greece, Honduras, Hungary, Iceland, Ireland, Italy, Liberia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Moldova, Monaco, Montenegro, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Norway, Panama, Paraguay, Philippines, Portugal, Romania, San Marino, Serbia, Seychelles, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Timor-Leste, Turkey, Turkmenistan, Ukraine, United Kingdom, Uruguay, and Venezuela.

Membership of Committee

The States 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: Rafael Rivas Posada (Colombia); Elisabeth Palm (Sweden); Ivan Shearer (Australia); Ahmed Tawfik Khalil (Egypt); Abdelfattah Amor (Tunisia); Christine Chanet (France); Prafullachandra Natwarlal Bhagwati (India); Maurice Ahanhanzo Glèlè-Ahanhanzo (Benin); Edwin Johnson (Ecuador); Rajsoomer Lallah (Mauritius); Michael O'Flaherty (Ireland); Nigel Rodley (United Kingdom); Ruth Wedgwood (United States); Yuji Iwasawa (Japan); Zonke Zanele Majodina (South Africa); Iulia Antoanella Motoc (Romania); and José Luis Perez Sanchez-Cerro (Perú). Helen Keller (Switzerland) will officially become a member of the Committee following a swearing-in ceremony on the first day of the session.

The Committee Chairperson is Mr. Rivas Posada. The Vice-Chairpersons are Ms. Palm, Mr. Shearer and Mr. Tawfik Khalil. Mr. Amor is the Rapporteur.


Tentative Timetable for Opening/Closing of Session and Consideration of Reports

Monday, 13 October

10 a.m. Opening of session (public)

3 p.m. Denmark: Fifth periodic report (CCPR/C/DNK/5)

Tuesday, 14 October

10 a.m. Denmark (continued)

3 p.m. Monaco: second periodic report (CCPR/C/MCO/2)

Wednesday, 15 October

12 p.m. Monaco (continued)

3 p.m. Japan: fifth periodic report (CCPR/C/JPN/5)

Thursday, 16 October

10 a.m. Japan (continued)

Friday, 17 October

10 a.m. Nicaragua: third periodic report (CCPR/C/NIC/3)

3 p.m. Nicaragua (continued)

Monday, 20 October

3 p.m. Spain: fifth periodic report (CCPR/C/SPA/5)

Tuesday, 21 October

10 a.m. Spain (continued)

Friday, 31 October

10 a.m. Announcement of Bureau decisions, public closure of session


* For a full programme of work, please go to the following address on the Committee’s web page: http://www2.ohchr.org/english/bodies/hrc/docs/ProgramWork94th.doc
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