MOZAMBIQUE

Special Decisions or Action taken Re: Reporting, Including Urgent Action Procedure

CERD, A/60/18 (2005)

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Chapter V. Review of the implementation of the Convention in States parties whose reports are seriously overdue

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C. Action taken by the Committee to ensure submission of reports by States parties

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426. At its sixty-sixth and sixty-seventh sessions, the Committee reviewed the question of delays and non-submission of reports by States parties in accordance with their obligations under article 9 of the Convention.

427. At its forty-second session, the Committee, having emphasized that the delays in reporting by States parties hampered it in monitoring implementation of the Convention, decided that it would continue to proceed with the review of the implementation of the provisions of the Convention by the States parties whose reports were overdue by five years or more. In accordance with a decision taken at its thirty-ninth session, the Committee agreed that this review would be based upon the last reports submitted by the State party concerned and their consideration by the Committee. At its forty-ninth session, the Committee further decided that States parties whose initial reports were overdue by five years or more would also be scheduled for a review of implementation of the provisions of the Convention. The Committee agreed that in the absence of an initial report, the Committee would consider all information submitted by the State party to other organs of the United Nations or, in the absence of such material, reports and information prepared by organs of the United Nations. In practice the Committee also considers relevant information from other sources, including from non-governmental organizations, whether it is an initial or periodic report that is seriously overdue.

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429. Following its sixty-sixth session, the Committee decided to schedule at its sixty-seventh session a review of the implementation of the Convention in the following States parties whose initial and periodic reports were seriously overdue: Bosnia and Herzegovina, Malawi, Mozambique, Seychelles and Saint Lucia... In the case of Mozambique, the review was postponed at the request of the State party, which indicated its intention to submit the report by 31 December 2005...

CERD, A/61/18 (2006)

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Chapter V. Review of the implementation of the Convention in States parties whose reports are seriously overdue

...

C. Action taken by the Committee to ensure submission of reports by States parties

466. At its forty-second session, the Committee, having emphasized that the delays in reporting by States parties hampered it in monitoring implementation of the Convention, decided that it would continue to proceed with the review of the implementation of the provisions of the Convention by the States parties whose reports were overdue by five years or more. In accordance with a decision taken at its thirty-ninth session, the Committee agreed that this review would be based upon the last reports submitted by the State party concerned and their consideration by the Committee. At its forty-ninth session, the Committee further decided that States parties whose initial reports were overdue by five years or more would also be scheduled for a review of implementation of the provisions of the Convention. The Committee agreed that in the absence of an initial report, the Committee would consider all information submitted by the State party to other organs of the United Nations or, in the absence of such material, reports and information prepared by organs of the United Nations. In practice the Committee also considers relevant information from other sources, including from non-governmental organizations, whether it is an initial or periodic report that is seriously overdue.

467. Following its sixty-seventh session, the Committee decided to schedule at its sixty-eighth session a review of the implementation of the Convention in the following States parties whose periodic reports were seriously overdue: Antigua and Barbuda, Congo, Ethiopia, Mozambique, Nicaragua and Papua New Guinea... At its 1745th and 1746th meetings (sixty-eighth session), held on 1 March and 2 March 2006 respectively, the Committee reviewed the implementation of the Convention in Mozambique and Ethiopia (see paragraphs 470 and 471 below)...

468. Following its sixty-eighth session, the Committee decided to schedule at its sixty-ninth session a review of the implementation of the Convention in the following States parties whose initial and periodic reports were seriously overdue: Malawi, Mozambique, Namibia, Seychelles and Saint Lucia. Mozambique was withdrawn from the list prior to the sixty-ninth session following the submission of a report.

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D. Decisions

471. At its 1745th meeting, the Committee decided to request the Chairperson to send a letter to the Permanent Representative of Mozambique to the United Nations. In his letter of 10 March 2006, the Chairperson informed the Permanent Representative that the Committee had reviewed once more the situation of Mozambique in the absence of a report. Considering that the overdue report had still not been received, the Committee decided to adopt a list of issues and to submit it to the Government of Mozambique. This list of issues was prepared in order to assist Mozambique with the completion and submission of the report and to allow for a clear and precise assessment of the situation in the State party under the Convention. Therefore, the Committee decided, once again but for the last time, to grant an additional delay, until 30 June 2006, to Mozambique for the submission of the overdue report. The Chairman stressed that if the report was received by the set deadline, it would be examined by the Committee at its seventieth session, to be held in Geneva in early 2007. If the report was not received by 30 June 2006, the Committee decided that it would examine the situation under its review procedure at its sixty-ninth session, to be held from 31 July to 18 August 2006, and to proceed with the adoption of concluding observations in the absence of a report. The second to twelfth periodic reports of Mozambique were received on 30 June 2006.

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