General Documents Not Relating To Specific States - Annual and Sessional Reports - CCPR

*See Official Records of the General Assembly, Forty-ninth Session, Supplement No. 40 (A/49/40), vol. II.

1.As at 29 July 1994, the closing date of the fifty-first session of the Human Rights Committee, 127 States had ratified, acceded or succeeded to the International Covenant on Civil and Political Rights and 76 States had ratified or acceded to the Optional Protocol to the Covenant. Both instruments were adopted by the General Assembly in resolution 2200 A (XXI) of 16 December 1966 and opened for signature and ratification in New York on 19 December 1966. They entered into force on 23 March 1976 in accordance with the provisions of their articles 49 and 9 respectively. Also, as at 29 July 1994, 44 States had made the declaration envisaged under article 41, paragraph 1, of the Covenant, which came into force on 28 March 1979.

2.The Second Optional Protocol aiming at the abolition of the death penalty, which was adopted and opened for signature, ratification or accession by the General Assembly in resolution 44/128 of 15 December 1989, entered into force on 11 July 1991 in accordance with the provisions of its article 8. As at 29 July 1994, there were 23 States parties to the Second Optional Protocol.

3.A list of States parties to the Covenant and to the Optional Protocols, with an indication of those which have made the declaration under article 41, paragraph 1, of the Covenant, is contained in annex I to the present report.

4.Reservations and other declarations made by a number of States parties in respect of the Covenant or the Optional Protocols are set out in document CCPR/C/2/Rev.3 and in notifications deposited with the Secretary-General. By a note of 18 January 1994, the Government of Iceland notified the Secretary-General of the withdrawal of its reservation to article 8, paragraph 3 (a), of the Covenant. Similarly, by a note of 12 April 1994, the Government of Ireland notified the Secretary-General of the withdrawal of its reservation to article 6, paragraph 5, of the Covenant.

5.The Human Rights Committee has held three sessions since the adoption of its last annual report. The forty-ninth session (1263rd to 1291st meetings) was held at the United Nations Office at Geneva from 18 October to 5 November 1993, the fiftieth session (1292nd to 1319th meetings) was held at United Nations Headquarters from 21 March to 8 April 1994, and the fifty-first session (1320th to 1357th meetings) was held at the United Nations Office at Geneva from 4 to 29 July 1994.

6.At the forty-ninth session (1273rd meeting), held on 25 October 1993, the Chairperson informed the Committee of the death of one of its members, Mr. János Fodor (Hungary). Members of the Committee expressed their sorrow at his untimely death and paid tribute to his contributions to the work of he Committee and to the promotion of human rights in general.

7.Mr. Tamás Bán (Hungary) was elected at the 13th meeting of States Parties to the Convention, held at United Nations Headquarters on 16 March 1994, to fill the vacancy in the Committee resulting from the death of Mr. János Fodor. A list of the members of the Committee, as well as of its officers, is given in annex II to the present report.

8.All the members attended the forty-ninth and fiftieth sessions of the Committee. Mr. Bán attended only part of the fiftieth session. All the members attended the fifty-first session. Mrs. Chanet, Mr. Herndl, Mrs. Higgins and Mr. Lallah attended only part of that session.

9.Before assuming his functions, Mr. Tamás Bán made a solemn declaration in accordance with article 38 of the Covenant and rule 16 of the Committee's rules of procedure.

10.In accordance with rules 62 and 89 of it rules of procedure, the Committee established working groups to meet before its forty-ninth, fiftieth and fifty-first sessions.

11.The working group established under rule 89 was entrusted with the task of making recommendations to the Committee regarding communications under the Optional Protocol. At the forty-ninth session, the working group was composed of Ms. Evatt, Mr. Herndl, Mr. Ndiaye, Mr. Mavrommatis and Mr. Prado Vallejo. It met at the United Nations Office at Geneva from 11 to 15 October 1993 and elected Ms. Evatt as its Chairperson-Rapporteur. At the fiftieth session, the working group was composed of Mr. Ando, Mrs. Higgins, Mr. Ndiaye, Mr. Pocar and Mr. Prado Vallejo. It met at United Nations Headquarters from 14 to 18 March 1994 and elected Mrs. Higgins as its Chairperson-Rapporteur. At the fifty-first session, the working group was composed of Mr. Bruni Celli, Mr. Dimitrijevic, Mr. Mavrommatis, Mr. Ndiaye and Mr. Sadi. It met at the United Nations Office at Geneva from 27 June to 1 July 1994 and elected Mr. Bruni Celli as its Chairperson-Rapporteur.

12.The working group established under rule 62 was mandated to prepare concise lists of issues concerning second and third periodic reports scheduled for consideration at the Committee's forty-ninth, fiftieth and fifty-first sessions; to consider any draft general comments that might be put before it; and to review the Committee's procedures under article 40 of the Covenant. Additionally, the working group that met before the fifty-first session was requested to formulate recommendations relating to the forthcoming meeting of persons chairing the human rights treaty bodies. At the forty-ninth session, the working group was composed of Mr. Aguilar Urbina, Mr. Dimitrijevic, Mr. Lallah and Mr. Sadi. It met at the United Nations Office at Geneva from 11 to 15 October 1993 and elected Mr. Lallah as its Chairperson-Rapporteur. At the fiftieth session, the working group was composed of Mrs. Chanet, Mr. Bruni Celli, Mr. Francis and Mr. Wennergren; it met at United Nations Headquarters from 4 to 18 March 1994 and elected Mr. Wennergren as its Chairperson-Rapporteur. At the fifty-first session, the group was composed of Ms. Evatt, Mr. Aguilar Urbina, Mr. El Shafei and Mr. Wennergren. It met at the United Nations Office at Geneva from 27 June to 1 July 1994 and elected Ms. Evatt as its Chairperson-Rapporteur.

13.The Assistant Secretary-General for Human Rights informed the Committee of the report of the Secretary-General on the work of the Organization, submitted to the General Assembly at its forty-eighth session. 1/ Members were also briefed on recent activities of the Working Group on Detention, the Committee on the Elimination of Racial Discrimination, the Committee on the Rights of the Child and the programme of advisory services of the Centre for Human Rights.

14.The Committee was informed that, owing to financial difficulties experienced by the Untied Nations in recent months, interpretation could not be provided for all 30 meetings of the session and that Conference Services would be unable to provide summary records for the forty-ninth session. As a consequence of those measures, the Committee was obliged to reschedule the consideration of certain reports in order to benefit from interpretation during the dialogue with delegations of States parties, and certain urgent communications under the Optional Protocol had unfortunately to be deferred to another session. It nevertheless drew attention to the fact that the complete elimination of summary records would result in the absence of any official record of what had been said in the dialogue between the Committee and each of the States parties. A large part of the exercise would therefore be lost both for the Committee and the delegations concerned. Furthermore, without such records, there would be no archive of the jurisprudence of the Committee under the Optional Protocol. Accordingly, the Committee requested the Secretariat to contemplate any means available to produce summary records at a later stage.

15.The Committee was subsequently informed that Conference Services, at the Committee's request, was envisaging the preparation of summary records of the forty-ninth session on the basis of recorded tapes. In view of the costs involved, those summary records would, on an exceptional basis, be prepared in English only.

16.The Committee was informed by the representative of the Secretary-General that Ambassador José Ayala Lasso of Ecuador had been appointed United Nations High Commissioner for Human Rights by the General Assembly, pursuant to resolution 48/141 of 20 December 1994. The High Commissioner was to be responsible, inter alia, for making recommendations to competent bodies of the United Nations system for improving the promotion and protection of all human rights, for engaging all Governments in a dialogue with a view to securing respect for all human rights, for coordinating human rights activities throughout the United Nations system and, in this regard, for rationalizing, adapting, strengthening and streamlining United Nations human rights machinery in order to improve its efficiency and effectiveness.

17.Members were briefed about the recent activities of the United Nations human rights treaty bodies, particularly the Committee against Torture, which had just completed its first inquiry procedure under article 20 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

18.The Committee took note with particular interest of a letter addressed to it by the Assistant Secretary-General for Human Rights inviting the Committee to express its views and give its suggestions on how to ensure effective promotion and protection of human rights education, training and public information, in the light of the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights.

19.The Committee pointed to the pivotal importance of adequate human rights education, training and public information, which constituted an essential condition for the accomplishment of the objectives set forth in both the Universal Declaration of Human Rights and the international covenants on human rights. Basic information on the fundamental principles and rights enshrined in those texts, as well as on the moral and philosophical concepts behind them, should thus be, in the view of the Committee, a primary objective of the forthcoming Decade on Human Rights Education. Such information should be widely disseminated by any available means and reach the largest possible audience, particularly children. In that regard, specific efforts should be made to ensure that primary and secondary school curricula include in an appropriate way such human rights education.

20.Specific training should be targeted to benefit different categories of persons or professions and relate to the interpretation and enforcement of the pertinent rights and freedoms guaranteed in the International Covenant on Civil and Political Rights. In that respect, particular attention should be given to the training of law enforcement officials (police, army, security forces and prison officers), judges, lawyers and members of other professions, such as journalists, whose activities have direct bearing on the realization of the objectives set out in the Covenant.

21.The Committee added that in implementing human rights education, training and public information programmes, careful consideration should be given to possible assistance from, and cooperation with, international, regional or national institutions, commissions or other bodies engaged in activities in the field of human rights.

22.The Committee took note that the Subcommission on Prevention of Discrimination and Protection of Minorities in its resolution 1993/26 had requested the Committee to consider the text of a possible draft third optional protocol to the International Covenant on Civil and Political Rights.

23.The Committee noted that the purpose of the possible draft optional protocol was to add article 9, paragraphs 3 and 4, and article 14 to the list of non-derogable provisions in article 4, paragraph 2, of the Covenant. In that regard, the Committee was satisfied that States parties generally understood that the right to habeas corpus and amparo should not be limited in situations of emergency. Furthermore, the Committee was of the view that the remedies provided in article 9, paragraphs 3 and 4, read in conjunction with article 2 were inherent to the Covenant as a whole. Having this in mind, the Committee believed that there was a considerable risk that the proposed draft third optional protocol might implicitly invite States parties to feel free to derogate from the provisions of article 9 of the Covenant during states of emergency if they do not ratify the proposed optional protocol. Thus, the protocol might have the undesirable effect of diminishing the protection of detained persons during states of emergency.

24.The Committee was also of the view that it would simply not be feasible to expect that all provisions of article 14 can remain fully in force in any kind of emergency. Thus, the inclusion of article 14 as such in the list of non-derogable provisions would not be appropriate.

25.In the light of the foregoing, the Committee considered it inadvisable to pursue the elaboration of a draft optional protocol to the Covenant with the aim of adding article 9, paragraphs 3 and 4, as well as article 14 to the list of non-derogable rights enumerated in article 4, paragraph 2, of the Covenant. The text of the recommendations submitted by the Committee to the Subcommission is contained in annex XI to the present report.

26.The Committee was addressed for the first time by the United Nations High Commissioner for Human Rights, Mr. José Ayala Lasso. The Committee welcomed the affirmed intention of the High Commissioner to establish harmonious and fruitful working relations with all human rights treaty bodies and to support them as much as possible so as to enhance their effectiveness. It also appreciated the intention of the High Commissioner to place special emphasis on the importance of compliance by all States with the obligations they have undertaken in ratifying or acceding to international human rights instruments. The Committee affirmed its readiness fully to support the High Commissioner in the fulfilment of his mandate.

27.The greater complexity and more intensive pace of the Committee's operations, resulting from the increased number of States parties to the Covenant as well as from qualitative changes in the Committee's methods of work, have added significantly to the workload of the Secretariat in providing substantive servicing to the Committee in relation to the monitoring of States parties' reports. The number of communications submitted to the Committee under the Optional Protocol has also grown markedly (see chap. VIII, sect. B). Accordingly, the Committee requests the Secretary-General to take the necessary steps to ensure a substantial increase in the specialized staff assigned to service the Committee both in relation to the monitoring of States parties' reports and the Optional Protocol.

28.The Chairperson held press briefings during each of the Committee's three sessions. The Committee noted with satisfaction the level of interest in its activities shown by non-governmental organizations, but was concerned by the lack of support for its work shown by the media.

29.The Committee noted that the Yearbook (Official Records of the Human Rights Committee) has been published up to 1988. The Committee was informed orally that manuscripts for the Yearbook for 1987 (vol. II), 1987-1988 (vol. II) and 1988-1989 (vol. II) had been submitted for processing. In the light of the existing resources, the Committee reiterated its view that the publication of the Yearbook should be accelerated to eliminate the still existing backlog.

30.The Committee urged that work on volume III of the Human Rights Committee's selected decisions under the Optional Protocol be accelerated with a view to eliminating the existing backlog as soon as possible. In future, they should be published on a regular and timely basis.

31.At its 1356th and 1357th meetings, held on 28 and 29 July 1994, the Committee considered the draft of its eighteenth annual report, covering its activities at the forty-ninth, fiftieth and fifty-first sessions, held in 1993 and 1994. The report, as amended in the course of the discussion, was unanimously adopted by the Committee.

32.At its 1314th meeting, held on 6 April 1994, the Committee considered the agenda item in the light of the relevant summary records of the Third Committee, General Assembly resolutions 48/119 and 48/120 of 20 December 1993 and Commission on Human Rights resolutions 1994/15 and 1994/19 of 25 February 1994.

33.In relation to the Committee's annual report, submitted under article 45 of the Covenant, and the discussions held in the Third Committee at its 36th to 39th meetings, from 17 to 19 November 1993, the Committee noted with particular satisfaction the favourable comments of the Assembly on its initiatives designed to improve its working methods under article 40 of the Covenant, notably in relation to the formulation of comments by the Committee on each State report.

34.With reference to the discussion within the General Assembly relating to the effective functioning of human rights treaty bodies, the Committee noted with satisfaction that the Assembly had once again underlined the importance of compliance by States parties with their reporting obligations, as well as the importance of the work of the supervisory bodies established under the various human rights treaty bodies. The Committee took note of statements made by a number of delegations relating to the necessity of alleviating the reporting obligations of States parties. It took note of the fact that States that were parties to various international human rights instruments might face difficulties in complying with their reporting obligations. However, it felt that the suggested possibility of allowing States parties to consolidate reports due under various instruments into a single comprehensive report would raise serious difficulties, especially with respect to the compatibility of such reports with both the provisions of each instrument concerned and the aim and purpose of the reporting procedure itself. It also disagreed with proposals made relating to the possible consideration of the situation of human rights in a country without a report.

35.The Committee discussed the relevant resolutions adopted by the Commission on Human Rights at its forty-ninth session and expressed strong agreement, in particular with the recommendation that countries having difficulties in introducing changes in their legislation that might be necessary for the ratification of international instruments on human rights should be encouraged to request appropriate support from the advisory services and technical assistance programmes of the Centre for Human Rights. The Committee expressed satisfaction that the Commission had renewed its request to have the recent periodic reports of States parties to treaty-monitoring bodies, the summary records of Committee discussions pertaining to them, as well as concluding observations and final comments of the treaty bodies made available in United Nations information centres in the countries concerned. It also welcomed the renewed request that high priority be given to the recommendations of the Task Force on Computerization of the Work of the Treaty Bodies and that generous voluntary contributions be made to cover the initial one-time cost of the proposed system.

36.This section of the report of the Committee aims at providing a concise and up-to-date overview of the methods utilized by the Human Rights Committee in carrying out its work relating to the consideration of reports submitted by States parties under article 40 of the International Covenant on Civil and Political Rights. It highlights some of the modifications introduced in recent years and is designed in particular to make the Committee's current procedure more transparent and readily accessible to all, so as to assist States parties and others interested in the implementation of the Covenant.

37.The consideration of reports submitted under article 40 of the Covenant takes place in public meetings and in the presence of representatives of the State party concerned. The purpose of such meetings is to establish a constructive dialogue between the Committee and the State party. The main function of the Committee is to assist State parties in fulfilling their obligations under the Covenant, to make available to them the experience the Committee has acquired in its examination of other reports and to discuss with them various issues relating to the enjoyment of the rights enshrined in the Covenant. In fulfilling this function, members of the Committee pose questions to the representatives of the State party in order to obtain information or clarification on any legal or factual matters or factors that may affect the implementation of the Covenant. The representatives of States that have submitted their initial reports are then given time to prepare answers to questions posed and comments raised by members of the Committee. On the other hand, in dealing with periodic reports, the Committee identifies in advance the various matters that might most usefully be discussed with the representatives of the State party.

38.The Committee originated the practice of preparing lists of issues in connection with the consideration of second periodic reports in 1983. 2/ For this purpose, at each of its sessions it establishes a working group consisting of four members, which meets during the week preceding each of the Committee's three sessions held during the year. The lists are divided into chapters, each covering a group of related articles of the Covenant. The lists, which are considered by the Committee as non-exhaustive, are transmitted to the representatives of the reporting States. During the consideration of the State report, chapters are treated one by one in a manner providing for immediate replies by the representatives of the State party. The members of the Committee have the opportunity to seek additional clarifications under each issue and to ask supplementary questions.

39.At its thirty-fifth session, in March 1989, the Committee adopted a methodology 3/ for considering third periodic reports similar to that used for second periodic reports, but stressed the need to concentrate on developments that occurred after the submission of the second periodic report and to complete the dialogue in no more than three meetings, unless otherwise decided. Such lists do not include issues extensively dealt with during the consideration of the previous report, except those identified as giving rise to concern.

40.On the basis of further experience, at its forty-third session, 4/ in October 1991, the Committee decided that in order to make better use of its time during the dialogue with States parties, the number of chapters included in the lists of issues should be reduced to three or four and that the issues themselves should be more concise and precise.

41.At its forty-fourth session (March/April 1992), 5/ the Committee decided to adopt comments reflecting the views of the Committee as a whole on each State party report considered during a given session. Such comments are additional to, and do not replace, comments made by individual members at the conclusion of the consideration of a report. A rapporteur is selected in each case to draft a text, in consultation with the Chairman and other members, for adoption by the Committee in closed meeting. Such comments are dispatched to the State party concerned as soon as practicable, published in a separate document (issued in the CCPR/C/79 series) and included in the annual report of the Committee. Comments drafted during a given session are normally adopted by the Committee at the end of the session.

42.The Committee's comments provide a general evaluation of a State party's report and of the dialogue with the delegation, and take note of factors and difficulties that affect the implementation of the Covenant, of positive development that may have occurred during the period under review and of specific issues of concern relating to the application of the provisions of the Covenant. They include suggestions and recommendations to the State party concerned. In the following periodic report, States parties are requested, on a systematic basis, to inform the Committee about the measures they have adopted to follow up on the Committee's comments, and are reminded, when appropriate, of the availability of advisory services.

43.During its forty-ninth session, the Committee, taking into account the experience gained in adopting comments at the end of the consideration of States parties' reports, formalized this practice by revising rule 70 of its rules of procedure. 6/ Paragraph 3 of that rule was amended to read as follows 7/ (see also annex VI):

"3.On the basis of its examination of the reports and information supplied by a State party, the Committee, in accordance with article 40, paragraph 4, of the Covenant, may make such comments as it may consider appropriate".

44.At its forty-ninth session, the Committee originated the practice of informing State party representatives, at the conclusion of the consideration of the country's report, that the comments would be made available to them at the last meeting of the Committee's session in the language adopted and made public immediately afterwards.

45.Since April 1991 (forty-first session), and in the light of recent or current events indicating that the enjoyment of human rights protected under the Covenant has been seriously affected in certain States parties, the Committee has resorted to the practice of requesting the States parties concerned to submit urgently reports on the situation (generally within three months). Such decisions have been taken regarding, in chronological order, Iraq (11 April 1991), 8/ the Federal Republic of Yugoslavia (4 November 1991), 9/ Peru (10 April 1992), 10/ Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (6 October 1992), 11/ Angola and Burundi (29 October 1993) (see para. 61). In most cases the States concerned complied with the Committee's request and participated in the consideration of the report.

46.Additionally, the Committee agreed that, if an exceptional situation arises between sessions, the Chairperson, acting in consultation with the members, may direct a request for the submission, by the State party concerned, of a report under article 40, paragraph 1 (b), of the Covenant. That procedure was implemented in the cases concerning Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (see para. 45). Accordingly, at its 1233rd meeting (forty-seventh session), held on 8 April 1993, the Committee amended its rules of procedure by inserting the following new paragraph 2 in rule 66:

"2.Requests for submission of a report under article 40, paragraph 1 (b), of the Covenant may be made in accordance with the periodicity decided by the Committee or at any other time the Committee may deem appropriate. In the case of an exceptional situation when the Committee is not in session, a request may be made through the Chairman, acting in consultation with the members of the Committee". 12/

47.At its 1274th meeting (forty-ninth session), on 25 October 1993, the Committee decided that, where the consideration of a State report submitted under article 40 of the Covenant revealed a grave human rights situation, it could request the Secretary-General to inform the competent organs of the United Nations, including the Security Council.

48.In its decision of 7 October 1992, requesting the Governments of Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia to submit reports on specific issues in respect of persons and events under their jurisdiction, the Committee emphasized that all the peoples within the territory of a new State that constituted a part of the former Yugoslavia were entitled to the guarantees of the Covenant. In its comments adopted at the end of the consideration of the report of Bosnia and Herzegovina, the Committee further noted that by complying with the Committee's request to submit a report, and by sending a delegation before it, the Republic of Bosnia and Herzegovina had confirmed its succession to the obligations undertaken under the Covenant by the former Socialist Federal Republic of Yugoslavia in respect of the territory forming part of the Republic of Bosnia and Herzegovina. It recommended that the Republic of Bosnia and Herzegovina formalize its succession to the Covenant by submitting the appropriate notifications to the Secretary-General. 13/ Subsequently, on 1 September 1993, the instruments of succession of the Republic of Bosnia and Herzegovina to the Covenant, with effect from 6 March 1992, were received by the Secretary-General.

49.At its forty-seventh session, in March/April 1993, the Committee envisaged, in broader terms, the problems raised in connection with the implementation of the Covenant in former States parties to the Covenant. It considered that all the peoples within the territory of a former State party to the Covenant remained entitled to the guarantees of the Covenant, and that, in particular, Armenia, Georgia, Kazakhstan, Kyrgyzstan, Tajikistan, the former Yugoslav Republic of Macedonia, Turkmenistan and Uzbekistan were bound by the obligations under the Covenant as from the dates of their independence. Consequently, it noted that reports under article 40 of the Covenant became due one year after

that date and requested, in notes verbales dated 28 May 1993 addressed to the Ministers for Foreign Affairs of those States, that such reports be submitted to it. 14/ No reports have yet been sent to the Committee in reply to that request. However, since the closure of the Committee's forty-seventh session, Armenia, Georgia and the former Yugoslav Republic of Macedonia acceded to the Covenant.

50.The practice of preparing general comments on selected articles of or issues arising from the Covenant was initiated by the Committee in 1981, after it had acquired considerable experience in examining State reports. General comments draw attention to certain aspects of the Covenant but do not purport to be limitative or to attribute any priority among the different aspects in terms of implementation. They are intended to make the Committee's experience available for the benefit of all States parties, so as to promote more effective

implementation of the Covenant; to draw their attention to insufficiencies disclosed by a large number of reports; to suggest improvements in the reporting procedure to clarify the requirements of the Covenant; and to stimulate the activities of States parties and international organizations in the promotion and protection of human rights. General comments are also intended to be of interest to other States, especially those preparing to become parties to the Covenant and, generally, to strengthen cooperation among States in the universal promotion and protection of human rights. To date, the Committee has adopted 23 general comments, which can be found in documents HRI/GEN/1 and CCPR/C/21/Rev.1 and Add.1-5 (see also paras. 371-373 and annex V).

51.The timely submission of reports under article 40 of the Covenant is fundamental for the effective discharge by the Committee of its functions under the Covenant. Such reports form the basis for the dialogue between the Committee and the States parties and delays result in the interruption of the implementation process. Yet, serious delays in the submission of reports by States parties have occurred throughout the period since the Committee's establishment. The cumulative burden of producing reports to several international human rights treaty bodies, the insufficient awareness that reporting is an obligation which States parties are required to fulfil under article 40 of the Covenant, the shortage of qualified government staff, the lack of an efficient administrative structure and of coordination between different administrative bodies dealing with similar issues and the lack of a political will are frequently cited as contributing factors for delays.

52.Over the years, the Committee has resorted to various actions to improve compliance by States parties with their reporting obligations under article 40 of the Covenant. Written reminders are dispatched twice a year to States parties whose reports are overdue, defaulting States parties are listed in the Committee's annual reports to the General Assembly, the attention of the meetings of States parties has on some occasions been drawn to the gravity of the situation; 15/ members of the Bureau are regularly requested to contact Permanent Representatives of States parties on the Committee's behalf, and the Chairman of the Committee has dispatched special letters to the Foreign Ministers of States parties whose reports have been overdue for a long period. In one case, a member of the Committee visited one of the States parties to provide expertise and advice, with a view to facilitating the discharge of its reporting obligations.

53.Despite those efforts, the situation has continued to worsen over the years, seriously undermining the objectives of the Covenant and hampering the ability of the Committee to monitor the implementation of the Covenant's provisions in the State party concerned. As at 29 July 1994, a total of 93 reports - 20 initial, 23 second periodic, 37 third periodic, and 13 fourth periodic reports, involving a total of 75 States parties, were outstanding.

54.At its 1314th and 1315 meetings, held on 6 April 1994, the Committee discussed various ways and means to ensure the widest possible dissemination of information on its activities under the Covenant, particularly following recent modifications in the Committee's procedures under article 40 of the Covenant. It referred, thereby, to the adoption of the comments of the Committee at the end of the consideration of States parties' reports and of special decisions regarding the situation of human rights in specific countries. Those important developments had generally remained unnoticed owing mainly to the inadequacy of the format of the Committee's annual report to the General Assembly.

55.It was felt that the annual report was excessively long and cumbersome, mainly as a result of the inclusion of summaries of the examination of States parties' reports based exclusively on summary records. Developments in the Committee's procedures under article 40 and the Optional Protocol remained insufficiently highlighted for that reason. It was observed that since summaries relating to the consideration of reports at the October and March sessions were adopted only at the July session, they often were not in close agreement with the "concluding comments" that had been adopted several months earlier, immediately after the consideration of a State party's report. It was further noted that if the current format of the annual report were to be retained, future developments relating to the follow-up of views adopted under the Optional Protocol would remain largely unnoticed. The Committee also noted that, pursuant to recommendations of the persons chairing human rights treaty bodies concerning improved information and publicity for the work of the treaty bodies, the Committee on Economic, Social and Cultural Rights, the Committee against Torture and the Committee on the Rights of the Child decided no longer to request the preparation of summaries of the consideration of country reports and to include in their annual reports only the "comments" adopted at the end of the consideration of country reports.

56.In the light of the foregoing, the Committee decided, at its 1314th meeting, held on 6 April 1994, to discontinue, for the time being, the practice of preparing summaries of the consideration of States parties' reports for inclusion in the Committee's annual report. The section in the annual report dealing with the consideration of States parties' reports should henceforth only refer to the meetings at which the report was considered, followed by the text of the "comments" of the Committee. At its fifty-first session, modifications were agreed upon regarding the way overdue reports are referred to in the annex to the report and the elimination of the agendas adopted at the various sessions from its annexes.

57.Under article 2, paragraph 1, of the International Covenant on Civil and Political Rights, each State party undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized and enumerated in Part III of the Covenant. In connection with this provision, article 40, paragraph 1, of the Covenant requires States parties to submit reports on the measures adopted and the progress achieved in the enjoyment of the various rights, and on any factors and difficulties that may affect the implementation of the Covenant. States parties undertake to submit reports within one year of the entry into force of the Covenant for the States parties concerned and thereafter whenever the Committee so requests. In order to assist States parties in submitting reports, the Human Rights Committee approved, at its second session, general guidelines regarding the form and contents of initial reports. 16/

58.Furthermore, in accordance with article 40, paragraph 1 (b), of the Covenant, at its thirteenth session, the Committee adopted a decision on periodicity requiring States parties to submit subsequent reports to the Committee every five years. 17/ At the same session, the Committee adopted guidelines regarding the form and contents of periodic reports from States parties under article 40, paragraph 1 (b), of the Covenant. 18/

59.At its thirty-ninth session, the Committee adopted an amendment to its guidelines for the submission of initial and periodic reports relating to reporting by States parties on action taken in response to the issuance by the Committee of views under the Optional Protocol. 19/ At its forty-second session, the Committee revised its general guidelines for the submission of initial and periodic reports to take into account the consolidated guidelines for the initial part of the reports of States parties to be submitted under the various international human rights instruments, including the Covenant (HRI/CORE/1). 20/

60.At its forty-ninth session, the Committee noted that the initial report of Slovenia and the second periodic report of El Salvador, as well as additional information to the third periodic report of Morocco, had been received. At its fiftieth session, it took note of the submission of the initial reports of Azerbaijan, Nepal and Paraguay, the second periodic reports of Argentina and Togo and the third periodic report of New Zealand. At its fifty-first session, the Committee was informed that the initial report of the United States of America, the third periodic report of Sri Lanka and the fourth periodic reports of Spain and Ukraine had been received.

61.In view of the special difficulties encountered by Angola and Burundi in the implementation of the Covenant, the Committee adopted, at its 1281st meeting (forty-ninth session), held on 29 October 1994, the following special decisions:

"Taking into consideration recent and continuing events in Burundi concerning human rights protected under the International Covenant on Civil and Political Rights,

"1.Decides to request the Government of Burundi to submit not later than 31 January 1994 a report, if necessary in the form of a summary, dealing, in particular, with the application of articles 4, 6, 7, 9, 12 and 25 of the Covenant during the present period, so that it may be considered by the Committee at its fiftieth session, to be held from 21 March to 8 April 1994;

"2.Requests the Secretary-General to bring the present decision to the attention of the Government of Burundi."

"Noting that the initial report of Angola should have been submitted by 9 April 1993,

"Taking into consideration recent and continuing events in Angola concerning human rights protected under the International Covenant on Civil and Political Rights,

"1.Decides to request the Government of Angola to submit its initial report without delay, so that it may be considered by the Committee at its fiftieth session, to be held from 21 March to 8 April 1994, and, in any event, to submit the said report not later than 31 January 1994, if necessary in the form of a summary, dealing, in particular, with the implementation of articles 4, 6, 7, 9, 12 and 25 of the Covenant during the present period;

"2.Requests the Secretary-General to bring the present decision to the attention of the Government of Angola."

62.In view of the growing number of outstanding State party reports, the Committee decided to send reminders (contained in notes verbales dated 10 December 1994) to the Governments of Albania, Benin, Brazil, Cambodia, Côte d'Ivoire, Croatia, Equatorial Guinea, Estonia, Gabon, Grenada, Guatemala, Israel, Lithuania, Nepal, Seychelles, Somalia, Switzerland and Zimbabwe, whose initial reports were overdue. In addition, the Committee decided to send reminders to the Governments of the following States parties: Argentina, Bolivia, Central African Republic, Congo, Croatia, Democratic People's Republic of Korea, Gabon, Gambia, Guyana, Jamaica, Kenya, Lebanon, Mali, Nepal, Netherlands (with respect to the Netherlands Antilles), New Zealand (with respect to the Cook Islands), Philippines, San Marino, Saint Vincent and the Grenadines, Sudan, Suriname, Syrian Arab Republic, Viet Nam and Zambia, whose second periodic reports were overdue; to Australia, Austria, Barbados, Bolivia, Central African Republic, Democratic People's Republic of Korea, Denmark, France, Gambia, Guinea, Guyana, India, Jamaica, Kenya, Lebanon, Madagascar, Mali, Mauritius, Netherlands, Nicaragua, Panama, Peru, Portugal, Rwanda, Saint Vincent and the Grenadines, Sri Lanka, Suriname, Syrian Arab Republic, Trinidad and Tobago and Zaire, whose third periodic reports were overdue; and to Belarus, Dominican Republic, Ecuador, Germany, Madagascar, Mauritius, Panama, Uruguay and Yugoslavia, whose fourth periodic reports were overdue.

63.In view of the special difficulties encountered by the Russian Federation in the implementation of the Covenant, the Committee decided to send a special reminder urging it to submit its fourth periodic report as rapidly as possible. The text of the letter, dated 5 November 1993, from the Committee's Chairperson to the Minister for Foreign Affairs of the Russian Federation is reproduced in annex VII to the present report. In a note verbale dated 17 December 1993, the Permanent Mission of the Russian Federation informed the Committee that, in view of the fact that the Constitution had been approved in the referendum held on 12 December 1993 and that elections to the Federation Council had only recently taken place, the fourth periodic report of the Russian Federation would be submitted during the first half of 1994.

64.The Committee agreed that members of the Bureau should meet in New York with the Permanent Representatives of all States parties whose initial or periodic reports had been overdue for more than three years. Accordingly, contacts were made with the Permanent Representatives of Albania, Angola, Bolivia, Burundi, the Congo, Croatia, the Democratic People's Republic of Korea, Denmark, Equatorial Guinea, Estonia, Gabon, Grenada, Guyana, Israel, Jamaica, Jordan, Kenya, Lithuania, Mali, Mauritius, the Netherlands, Somalia, the Sudan, Suriname, the Syrian Arab Republic, Trinidad and Tobago and Zambia. It was not possible to establish contact with the Permanent Representatives of the Central African Republic, the Gambia, Lebanon, Zaire and Zimbabwe.

65.In addition, the Committee decided to send reminders (contained in notes verbales dated 15 June 1994) to the Governments of Albania, Benin, Brazil, Cambodia, Côte d'Ivoire, Croatia, Estonia, Gabon, Grenada, Guatemala, Equatorial Guinea, Haiti, Israel, Lithuania, Seychelles, Somalia, Switzerland and Zimbabwe, whose initial reports were overdue. Reminders were also sent to the Governments of the following States parties: Bolivia, Central African Republic, Congo, Democratic People's Republic of Korea, Equatorial Guinea, Gabon, Gambia, Guyana, Jamaica, Kenya, Lebanon, Mali, Netherlands (with respect to the Netherlands Antilles), Niger, Philippines, Saint Vincent and the Grenadines, San Marino, Sudan, Suriname, Syrian Arab Republic, Viet Nam and Zambia, whose second periodic reports were overdue; to Australia, Austria, Barbados, Central African Republic, Democratic People's Republic of Korea, Denmark, France, Gambia, Guyana, India, Jamaica, Kenya, Lebanon, Madagascar, Mali, Mauritius, Netherlands, Nicaragua, Panama, Peru, Portugal, Saint Vincent and the Grenadines, Sri Lanka, Suriname, Syrian Arab Republic, Trinidad and Tobago, United Republic of Tanzania, Venezuela, Viet Nam and Zaire, whose third periodic reports were overdue; and to Belarus, Ecuador, Dominican Republic, Germany, Lebanon, Madagascar, Mauritius, Panama, Uruguay and Yugoslavia, whose fourth periodic reports are overdue.

66.After reviewing the situation with respect to the late submission both of initial and periodic reports, the Committee noted the increasing number of overdue reports, despite many appeals and reminders (see paras. 51-53 and annex III). The Committee believes it is its obligation to express its serious concern about the fact that so many States parties are in default of their obligations according to the Covenant.

67.Noting that this trend seriously impedes its ability to monitor the implementation of the Covenant, the Committee decided, at its 1325th meeting, held on 6 July 1994, to mention in the core of its report to the General Assembly the following States parties that have more than one report overdue. The Committee wishes to reiterate that these States are in serious default of their obligations under article 40 of the Covenant.

State party

Type of report

Date due

Number of reminders sent

Gabon

initial

second

third

20 April 1984

20 April 1989

20 April 1994

Syrian Arab Republic

second

third

18 August 1984

18 August 1989

Gambia

second

third

21 June 1985

21 June 1990

Lebanon

second

third

fourth

21 March 1986

21 March 1988

21 March 1993

Suriname

second

third

2 August 1985

2 August 1990

Kenya

second

third

11 April 1986

11 April 1991

Mali

second

third

11 April 1986

11 April 1991

Jamaica

second

third

1 August 1986

1 August 1991

Guyana

second

third

10 April 1987

10 April 1992

Democratic People's Republic of Korea

second

third

13 December 1987

13 December 1992

Equatorial Guinea

initial

second

24 December 1988

24 December 1993

Central African Republic

second

third

9 April 1989

7 August 1992

Mauritius

third

fourth

18 July 1990

4 November 1993

Saint Vincent and the Grenadines

second

third

31 October 1991

8 February 1993

Panama

third

fourth

31 March 1992

6 June 1993

Madagascar

third

fourth

31 July 1992

3 August 1993

68.At its 1314th meeting (fiftieth session) (see paras. 54 to 56), the Committee decided to discontinue its practice of including in its annual report summaries of the consideration of reports submitted by States parties under article 40 of the Covenant. In accordance with that decision, the annual report shall contain, inter alia, the comme