HUMAN RIGHTS COMMITTEE DISCUSSES METHODS OF WORK

The Human Rights Committee held a public meeting this morning in which it discussed methods of work, focusing on the issue of reparations. The Committee also decided to elaborate a General Comment on Article 6 of the International Covenant on Civil and Political Rights, which deals with the right to life.

Opening the discussion, Nigel Rodley, Committee Chairperson, said Special Procedure mandate holders appointed by the Human Rights Council had suggested the elaboration of General Comments on Article 6 of the Covenant (the right to life), Article 17 (the right to respect for private life) and Article 21/22 (in relation to freedom of association and assembly).

In the discussion on the subject of the next General Comment, several Committee Experts, including the Chairperson, called for the development and adoption of a General Comment on Article 6 of the Covenant on the right to life. Others Experts expressed preference for the development of a General Comment on Article 17, relating to respect for private life; or on Article 21, regarding difficulties faced by human rights defenders in realizing their right to freedom of assembly. In total eight Committee Members supported the idea of ​​developing a General Comment on Article 6 of the Covenant; five supported the idea of ​​drafting a General Comment on Articles 21 and 22 of the Covenant; and two advocated the development of a General Comment on Article 17. The Committee subsequently decided to develop a General Comment on Article 6 (right to life). The Chairperson asked the Committee Secretariat to look into the possibility of developing several General Comments concurrently, as done by the Committee on Economic, Social and Cultural Rights, which was currently considering five draft General Comments at the same time.

Fabian Omar Salvioli, Committee Member, presented a report on remedies in the context of communications titled "The specification of measures to redress within the scope of individual communications considered by the Human Rights Committee" (CCPR/C/109/R3). Mr. Salvioli recalled General Comment 33, which dealt with the obligations of States parties under the Optional Protocol to the Covenant, in addition to their obligations under the Covenant. Mr. Salvioli stressed that the term used in English to refer to reparations for victims of violations was "remedy", which meant not only monetary compensation but reparations that may take the form of, for example, rehabilitation, a public apology, a guarantee of non-repetition or legal action against those responsible.

In the ensuing discussion Committee Experts advocated the need not to be prescriptive about the issue of reparations, but to be informed on a case-by-cases basis. Mr. Salvioli’s report was akin to "a general comment that dare not speak its name," commented an Expert.

The Human Rights Committee will next meet in public on Friday, 31 October at 3 p.m. when it will continue discussing its methods of work before issuing its concluding observations and recommendations for the six country reports reviewed, Sri Lanka, Burundi, Haiti, Malta, Montenegro and Israel, and closing the session.


For use of the information media; not an official record

CT14/040E