HUMAN RIGHTS COMMITTEE TO HOLD SEVENTY-SEVENTH SESSION IN GENEVA FROM 17 MARCH TO 4 APRIL 2003

13 March 2003



Experts to Examine Reports of Estonia, Luxembourg and Mali




Reports submitted by the Governments of Estonia, Luxembourg and Mali on measures taken to implement the International Covenant on Civil and Political Rights will be considered by the Human Rights Committee at its seventy-seventh session which will be held at the Palais Wilson in Geneva from 17 March to 4 April 2003.
The opening meeting will be held at 10 a.m. on Monday, 17 March when the 10 newly elected or re-elected Experts of the Committee will make a solemn declaration in which they solemnly undertake to discharge their duties as members of the Human Rights Committee "impartially and conscientiously". A Chairperson and other officers of the Committee will be elected.
The 18-member Committee will then adopt its programme of work. Under organizational and other matters, the Experts will consider the report of the pre-sessional working group, as well as miscellaneous issues relevant to the Committee's business, notably the Secretary-General's proposals relating to reform of the human rights treaty bodies. The Committee will also have before it the second report of the Special Rapporteur for follow-up on concluding observations.
The Committee had been scheduled to examine the second periodic report of Israel on 17 and 18 March . However, Israel's Permanent Mission has indicated that it will not be in a position to send a delegation to the Committee on these dates. The Committee will therefore examine only three reports during its present session: the second periodic report of Estonia on 20 and 21 March; the third periodic report of Luxembourg on 24 March; and the second periodic report of Mali on 25 and 26 March.
The countries presenting reports are among the 150 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 in their respective countries. Representatives of those Governments introduce their country reports and respond to oral and written questions by the Committee's members, who serve in their personal capacity.
On the first day of work, the Committee will also meet with representatives of non-governmental organizations.
Under the Optional Protocol to the Covenant, 103 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-five 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.
At this session, the Committee may continue its consideration of a draft general comment on article 2 concerning the provision of effective remedies for violations of the Covenant.

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 Estonia and Israel. When the Committee last considered the situation in Luxembourg and in Mali, it did not issue concluding observations and recommendations.
In its concluding observations on the initial report of Estonia which was considered in 1996, the Committee expressed its satisfaction at the fundamental and positive changes which had taken place in Estonia, that provided for a better political, constitutional and legal framework for the implementation of the rights enshrined in the Covenant. Among other things, the Committee noted with concern that no legislation had yet been adopted regarding the right to compensation for citizens whose rights had been violated by the State or by unlawful behaviour of officials. It was also concerned that the death penalty could still be imposed in Estonia for crimes which could not be qualified as the most serious crimes under article 6 of the Covenant. The Committee urged the Government to reduce substantially the number of crimes for which the death penalty may be imposed, in accordance with article 6 of the Covenant pending the adoption of the new Criminal Code that would abolish the death penalty. It also recommended that laws be adopted to enable victims of violation of the rights guaranteed under the Covenant to be effectively compensated under domestic law.
In its concluding remarks on the initial report of Israel which was considered in 1998, the Committee noted with satisfaction that Israeli society was a democratic one in which sensitive issues were openly debated and that an active non-governmental community had taken firm root. The Committee, among other things, was deeply concerned that Israel continued to deny its responsibility to fully apply the Covenant in the occupied territories and requested the State party to include in its second periodic report all information relevant to the application of the Covenant in territories which it occupied. The Committee expressed its deep concern at the continued state of emergency prevailing in Israel, and recommended that the Government review the necessity for the continued renewal of the state of emergency with a view to limiting as far as possible its scope and territorial applicability and the associated derogation of rights. The Committee also expressed concern about the number of Palestinians who had been killed by the security forces, as well as all persons who had been the victims of terrorist attacks.

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 150 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, 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, Togo, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Kingdom, 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. 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 103 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, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia, Spain, Sri Lanka, Suriname, Sweden, Tajikistan, the former Yugoslav Republic of Macedonia, Togo, Turkmenistan, Uganda, Ukraine, Uruguay, Uzbekistan, Venezuela, Yugoslavia, 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 48 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, Finland, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Norway, Panama, Portugal, Romania, Seychelles, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Turkmenistan, United Kingdom, Uruguay, Venezuela and Yugoslavia.

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 Catillero Hoyos (Panama); Christine Chanet (France); Franco Depasquale
(Malta); Maurice Glele 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

Thursday, 20 March
afternoon Estonia: Second periodic report (CCPR/C/EST/2002/3)

Friday, 21 March
morning Estonia (continued)

Monday, 24 March
morning Luxembourg: Third periodic report (CCPR/C/LUX/2002/3)
afternoon Luxembourg (continued)

Tuesday, 25 March
afternoon Mali: Second periodic report(to be issued)

Wednesday, 26 March
afternoon Mali (continued)



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