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HUMAN RIGHTS COMMITTEE CONTINUES ITS DEBATE ON STATES PARTIES' OBLIGATIONS UNDER COMPLAINT MECHANISM

Meeting Summaries

The Human Rights Committee this afternoon resumed its second reading of its revised General Comment on States parties' obligations under the first Optional Protocol to the International Covenant on Civil and Political Rights, by which States parties recognize the Committee's competence to examine individual complaints alleging that they have violated an individual's rights under the Covenant. It will conclude its second reading at the Committee's Autumn session, to be held in Geneva in October.

Ivan Shearer, Committee Expert serving as rapporteur for the draft General Comment, began today's discussion, in which Experts commented and agreed on changes to the draft revised General Comment, including paragraphs on the publication of the Committee's decisions in cases where States parties had failed to implement the Committee's Views (i.e. the results of the consideration of individual complaints); the rules of procedure for an appeal against the Committee's Views, and reconsideration of communications; the legal nature of the obligation of States parties interim measures of protection as indicated by the Committee; provisional measures for protection of an author of communications; irreversible measures, such as executions of alleged victim or deportation; the ratification and entry into force of the Optional Protocol and the strength it gave to the status of Covenant rights in general law and legislation and appropriate measures for compensation. In the discussion, among other things, Experts noted that there were no provisions in the Committees rules of procedure and the Optional Protocol for States parties to appeal communications. Concern was expressed that including specific language about a lack of appeal mechanism for the Optional Protocol would limit the possibility of making changes in future if the Committee decided to accept an appeal.

The Committee has so far adopted 32 General Comments to assist States parties in fulfilling their obligations under the International Covenant. The purpose of the General Comments is to make the Committee's experience available for the benefit of all States parties in order to promote their further implementation of the Covenant; to draw their attention to insufficiencies disclosed by a large number of reports; to suggest improvements in the reporting procedure; and to stimulate the activities of those States and international organizations in the promotion and protection of human rights. Those comments could also be of interest to other States, especially those preparing to become parties to the Covenant and thus to strengthen the efforts of all States in the universal promotion and protection of human rights. The general comments of all human rights treaty bodies are compiled annually in the document HRI/GEN/1/Rev.9.

When the Committee reconvenes in public on Monday, 21 July, at 3 p.m., it is scheduled to hold a brief public meeting to continue its discussion of its working methods begun on 14 July. It will then meet on Wednesday, 23 July, at 11 a.m., to hear progress reports of Special Rapporteurs for Follow-up to Views and for Follow-up to Concluding Observations. It will also consider its annual report to the General Assembly.

For use of the information media; not an official record

CT08009E