HUMAN RIGHTS COMMITTEE HEARS FROM SPECIAL RAPPORTEURS FOR FOLLOW-UP TO VIEWS AND CONCLUDING OBSERVATIONS

The Human Rights Committee this morning discussed the progress reports of the Special Rapporteur for Follow-up to Views and the Special Rapporteur for Follow-up to Concluding Observations.

Ivan Shearer, Committee Expert and Special Rapporteur for Follow-up to Views, introduced the progress report on the status of the Committee’s Views on individual communications, and the State parties responses thereto. He noted that, at the next session of the Committee, to be held in New York, the Committee was scheduled to take decisions on State party responses, to determine whether they were satisfactory or not. At that time, the Committee should also reconsider the formulation of the categories of “satisfactory” or “not satisfactory”, and find something more meaningful and more acceptable to the States parties themselves.

Mr. Shearer then presented information received in the context of the 87th and 88th sessions of the Committee, from July to November 2006, which was compiled in the report, on complaints made by individuals against the following countries: Australia; Belarus; Republic of Korea; Libya; Peru; Philippines; Poland; Portugal; and Tajikistan. In the report before the Committee were the working group’s recommendations regarding follow-up to each of those cases, which would be decided on at the next session.

In the ensuing discussion, an Expert asked what could be done when States parties that were developed countries with fully functioning legal and administrative systems flatly refused to comply with the Committee’s recommendations. Other Experts echoed that concern, acknowledging the difficulty of the situation, as the recommendations of the Committee were not legally binding. It was the State’s obligation to provide a remedy, Committee Chairperson Christine Chanet noted. When States acceded to the Optional Protocol, the right to a remedy was expressly provided for, as it was in the Covenant. Mr. Shearer then drew attention to the request put forward by many States parties, including Canada, for a specific ruling by the Committee as to the non-binding nature of recommendations. However, he recalled once again States’ responsibility to consider those Views in good faith.

Introducing the progress report on follow-up to concluding observations, detailing activities undertaken at the Committee’s 88th session, Rafael Rivas Posada, Committee Expert and Special Rapporteur for Follow-up to Concluding Observations, said that a paper relating to Venezuela was being distributed to members for their consideration and comment, showing a proposed revised format for the presentation of the follow-up report. Most significantly, the tabular format would be eliminated, to improve readability.

Since its last session, Mr. Rivas Posada indicated that nine States had responded to requests for further information: Uganda, Albania, Iceland, Uzbekistan, Tajikistan, Thailand, Syria, Italy and Venezuela. Moldova had informed the Committee that it intended to submit its second period report, as well as its response on follow-up, by the end of this year. For other countries whose reports were overdue, including Togo, Mali, Israel, Sri Lanka, Suriname, Namibia, Slovenia and Yemen, a reminder had been sent at the end of September. Regarding Equatorial Guinea, which had still not presented its initial report, due in 2004, the Office of the High Commissioner for Human Rights was currently providing technical assistance to that country to help in the drafting of its report. Concerning Gambia, which had not presented its report nor responded to reminders, the last reminder had been sent at the end of September. Greece had indicated that it would respond to requests for information on follow up to its initial report in November 2006. Finally, with regard to Brazil, Canada and Paraguay, whose responses were due at the end of October, reminder letters would be dispatched at the end of the current session.

Also this morning, the Chairperson bid farewell to the four departing Committee members whose mandate expired today – Nisuke Ando, Hipólito Solari Yrigoyen, Rajsoomer Lallah and Alfredo Castillero Hoyos – and paid tribute to their long and valuable service to the Committee.

When the Committee next reconvenes in public on Friday, 3 November, at 10 a.m., it is scheduled to adopt its concluding observations on the reports it considered at its 88th session, namely, those of Honduras, Bosnia and Herzegovina, Ukraine, and the Republic of Korea, before closing the session.