United Nations Human Rights Committee

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The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per year to consider the periodic reports submitted by the 173 States parties to the ICCPR on their compliance with the treaty, and any individual petitions concerning the 116 States parties to the ICCPR's First Optional Protocol. [1] The Committee is one of ten UN human rights treaty bodies, each responsible for overseeing the implementation of a particular treaty. [2]

Contents

The UN Human Rights Committee should not be confused with the more high-profile UN Human Rights Council (HRC), or the predecessor of the HRC, the UN Commission on Human Rights. Whereas the Human Rights Council (since June 2006) and the Commission on Human Rights (before that date) are UN political bodies: composed of states, established by a UN General Assembly resolution and the UN Charter, and discussing the entire range of human rights concerns; the Human Rights Committee is a UN expert body: composed of persons, established by the ICCPR, and discussing matters pertaining only to that treaty. The Human Rights Committee is often referred to as CCPR (Committee on Civil and Political Rights) in order to avoid that confusion. [3] [4]

Members

The ICCPR states the basic rules for the membership of the Human Rights Committee. Article 28 of the ICCPR states that the Committee is composed of 18 members from states parties to the ICCPR, "who shall be persons of high moral character and recognized competence in the field of human rights", with consideration "to the usefulness of the participation of some persons having legal experience." Also according to Article 28, the members serve in their individual capacity, rather than as representatives of their countries. As stated in Articles 29 and 30 of the ICCPR, they are elected by a meeting of the states parties to the ICCPR held at UN Headquarters. Based on Article 32, they serve four-year terms, with one-half of their number elected every second year. [5]

The current membership is as follows: [6] [7]

NameStateTermYear First Joined
Tania María Abdo RochollFlag of Paraguay.svg  Paraguay 2021–20242017
Farid AhmadovFlag of Azerbaijan.svg  Azerbaijan 2023-20262023
Wafaa Ashraf Moharram BassimFlag of Egypt.svg  Egypt 2021–20242021
Rodrigo A. Carazo Flag of Costa Rica.svg  Costa Rica 2023-20262023
Yvonne DondersFlag of the Netherlands.svg  Netherlands 2023-20262023
Mahjoub El HaibaFlag of Morocco.svg  Morocco 2021–20242021
Laurence R. Helfer Flag of the United States.svg  United States 2023-20262023
Carlos Gómez MartínezFlag of Spain.svg  Spain 2021–20242021
Bacre Waly NdiayeFlag of Senegal.svg  Senegal 2023–20262023
Marcia V.J. Kran Flag of Canada (Pantone).svg  Canada 2021–20242017
Hernán Quezada CabreraFlag of Chile.svg  Chile 2023-20262019
José Manuel Santos PaisFlag of Portugal.svg  Portugal 2021–20242017
Changrok SohFlag of South Korea.svg  South Korea 2021–20242021
Tijana ŠurlanFlag of Serbia.svg  Serbia 2023–20262023
Kobauyah Tchamdja KpatchaFlag of Togo.svg  Togo 2021–20242021
Koji TerayaFlag of Japan.svg  Japan 2023-20262023
Hélène Tigroudja Flag of France.svg  France 2023-20262019
Imeru Tamerat YigezuFlag of Ethiopia.svg  Ethiopia 2021–20242021

Recent elections

On June 17, 2022, the States parties to the ICCPR met in New York and elected nine members of the Committee, to replace those whose terms would expire at the end of 2022. There were seventeen candidates for the nine positions, including one whose nomination was late. Those elected were Yvonne Donders (The Netherlands), Hélène Tigroudja* (France), Bacre Waly Ndiaye (Senegal), Tijana Šurlan (Serbia), Koji Teraya (Japan), Farid Ahmadov (Azerbaijan), Laurence R. Helfer (United States), Rodrigo A. Carazo (Costa Rica), and Hernán Quezada Cabrera* (Chile). Asterisks denote sitting members who were re-elected. [8]

On September 17, 2020 (postponed from June 15, 2020), the States parties to the ICCPR met and elected nine members of the Committee, to replace those whose terms would expire at the end of 2020. There were fourteen candidates for the nine positions, not counting two who were withdrawn shortly before the election but counting one whose nomination was late (and who was elected). Those elected were Carlos Gómez Martínez (Spain), Changrok Soh (Republic of Korea), Imeru Tamerat Yigezu (Ethiopia), Mahjoub El Haiba (Morocco), José Manuel Santos Pais* (Portugal), Tania María Abdo Rocholl* (Paraguay), Wafaa Ashraf Moharram Bassim (Egypt), Kobauyah Tchamdja Kpatcha (Togo), and Marcia V.J. Kran* (Canada). Asterisks denote sitting members who were re-elected. David H. Moorre (United States) won an additional, contested "by-election" held on the same date, to elect a member to complete the term ending December 31, 2020, of Ilze Brands Kehris (Latvia), who had resigned effective December 31, 2019, upon her appointment as UN Assistant Secretary-General for Human Rights. [9]

On August 28, 2018, Andreas B. Zimmermann (Germany) won an uncontested by-election to complete the term ending December 31, 2020, of Anja Seibert-Fohr (Germany), who had resigned effective March 1, 2018. [10]

On June 14, 2018, the States parties to the ICCPR met and elected nine members of the Committee, to replace those whose terms would expire at the end of 2018. There were sixteen candidates for the nine positions, not counting two who were withdrawn shortly before the election and one whose nomination was late. Those elected were Yadh Ben Achour* (Tunisia), Christopher Bulkan (Guyana), Photini Pazartzis* (Greece), Hélène Tigroudja (France), Hernán Quezada Cabrera (Chile), Gentian Zyberi (Albania), Vasilka Sancin (Slovenia), Shuichi Furuya (Japan), and Duncan Muhumuza Laki* (Uganda). Asterisks denote sitting members who were re-elected. Pierre-Richard Prosper of the United States was not elected, in reportedly "a first-ever defeat of a US candidate for the UN Human Rights Committee." [11] [12]

Meetings and activities

The Committee meets three times a year for four-week sessions (spring session at UN headquarters in New York, summer and fall sessions at the UN Office in Geneva). The categories of its work, outlined below, include state reporting, individual complaints, general comments, and inter-state communications. [13] [14]

State reporting under the ICCPR

All states parties to the ICCPR have an obligation "to submit reports on the measures they have adopted which give effect to the rights recognized [in the ICCPR] and on the progress made in the enjoyment of those rights." The Human Rights Committee is responsible for "study[ing]" and responding to those reports submitted by states. States parties must submit an initial report within one year of the ICCPR's entry into force, and subsequent periodic reports as requested by the Committee. This reporting system is mandated by Article 40 of the ICCPR. [5]

The frequency of the periodic reports was formerly about every five years, but starting in 2020 is every eight years. [15] The UN has published guidance for states on reporting to the Committee and other human rights treaty bodies. [16] The principal purpose of the report is to promote state compliance with the treaty principles and it should be an "honest appraisal of their conformity to the treaty obligations". [17]

Procedure, and recent procedural changes

Following the submission of a state's report, representatives of the state appear before the Committee in Geneva or New York to discuss the report, in an in-person constructive dialogue which is generally webcast live on UN Web TV. Following this dialogue, the Committee drafts and adopts its concluding observations, a document including positive aspects, subjects of concern, and suggestions and recommendations. Subsequently, under its follow-up procedure, the Committee assesses whether certain recommendations have been fulfilled within one year. [18]

In July 2010, the Committee proposed a new optional reporting procedure called the "List of Issues Prior to Reporting" (LOIPR) or "Simplified Reporting Procedure". [19] Under this system, instead of the state submitting a full report on its implementation of each article of the ICCPR, the Committee sends the state a list of issues to address, and the state's report must only answer the questions raised in that list of issues. [18] The Committee subsequently adopted the simplified reporting procedure on a pilot basis, although it remains an optional alternative to the "regular" procedure, i.e., submission of a full report. At its 124th session in 2018, the Committee decided to adopt the simplified reporting procedure on a permanent basis, and to encourage all states to switch to simplified reporting. It also decided to strive to limit the number of questions in each list of issues to 25. [20] In 2019, the Committee decided to make the simplified reporting procedure the default, changing a state's selection of it from an opt-in to an opt-out model. [21]

In July 2019 the Committee decided to move, beginning in 2020, to an eight-year "Predictable Review Cycle" (PRC), under which it would schedule one review for each state party (including those states that failed to report). This cycle involves a five-year review process, and a three-year interval before the next review process begins. All states parties were divided into 8 groups of 21-22 states each, with the reporting process to start for each group on a different year. [21] [22]

NGO participation

NGOs and other civil society organizations play a crucial role in the reporting process. Any NGO, regardless of accreditation, may submit its own reports (sometimes called "shadow reports") to the Committee, comment on state reports, and attend all Committee sessions as observers. Furthermore, the Committee often holds a closed meeting with interested NGOs as part of its review of a state's report. [18] [23]

Limitations of the reporting system

One set of weaknesses is inherent to a system of self-reporting. Though in theory, reports should be an honest appraisal, constructive criticism of perceived failures to adhere to Covenant principles is unlikely. [24] The Centre for Civil and Political Rights, an NGO, states that "State reports often . . . fail to describe the implementation of the Covenant in practice" and "frequently lack an honest evaluation of the difficulties the State faces in implementing the rights guaranteed under the Covenant." [25]

Late reporting and non-reporting by states is another problem. The Committee's annual report through March 2019 stated that fifteen states' "initial reports are overdue, of which 7 are overdue by between 5 and 10 years and 8 are overdue by 10 years or more." The report's Annex IV listed them; Equatorial Guinea's initial report was 30 years overdue. That Annex also listed thirteen states whose periodic reports were ten years or more overdue, with Afghanistan's overdue by 22 years, and Nigeria's overdue by 19; ten states whose periodic reports were five to ten years overdue; and 28 states whose periodic reports were overdue by less than five years. [26] CSW, a UK-based NGO, asserts that "there remains a relatively low level of engagement and implementation of recommendations" on the part of States, and that the level of States compliance with treaty body recommendations is only 19%. [27]

Other widely noted problems include the backlog of the Committee and the heavy burden on states, particularly small states. [28]

Individual complaints to the Committee

States that are party to the First Optional Protocol to the ICCPR (currently 116 countries) have agreed to allow persons within their jurisdiction to submit complaints ("individual communications") to the Committee claiming that their rights under the ICCPR have been violated. [29] The ICCPR is one of eight UN human rights treaties with individual complaints procedures available; two other treaties state such procedures that are not yet in force. [30]

Procedure

Before considering the merits (substance) of an individual communication, the Committee must be satisfied that it is admissible. [31] The Committee may review many factors in determining admissibility and may conclude that, for an individual communication to be admissible, it must:

Individual communications that contain the necessary prima facie elements are referred to the Committee’s Special Rapporteur on New Communications and Interim Measures, who decides whether the case should be registered. At that point, the case is transmitted to the State party, which is requested to submit its observations within six months, under Article 4 of the First Optional Protocol. [32] Once the State replies to the complaint, the complainant is offered an opportunity to comment, within a set time frame. If the Committee concludes that a violation of the ICCPR has taken place, in its follow-up procedure the Committee invites the State to provide information within 180 days on its steps to implement the Committee's recommendations. The State’s response is transmitted to the complainant for comments. If the State party fails to take appropriate action, the Committee keeps the case under consideration. Thus, the Committee maintains a dialogue with the State party and the case remains open until satisfactory measures are taken. [31]

The Committee considers individual communications in closed session, but its decisions ("Views") and any follow-up are public. [29] Given the large number of complaints, several years may elapse between submission of a complaint and the Committee’s decision on it. [31]

Information on the process and how to use it, including examples and guidelines for submitting complaints, is available from some NGOs [33] [34] [18] [35] and the United Nations. [31] [36]

Decisions

All Committee decisions on individual complaints are available in online compilations published by UN, [37] NGO, [38] and academic [39] sources.

The Committee has received thousands of complaints since its inception. [40] A few of its decisions that are notable are listed below, in reverse chronological order. Among more recent decisions that attracted press and academic attention, in two October 2018 decisions the Committee concluded that France's ban on the niqab, the full-face Islamic veil, violated human rights guaranteed under the ICCPR, in particular the rights to manifest one's religion or beliefs and to protection against discrimination. [41] [42] [43]

Case nameCommunication
number		Year
decided		Topic
Portillo Cáceres v. Paraguay 2751/20162019Failure to address pesticide poisoning
Mellet v. Ireland 2324/20132016Law prohibiting termination of pregnancy
Shikhmuradova v. Turkmenistan2069/20112015Enforced disappearance and unfair trial of former Foreign Minister Boris Şyhmyradow
Nystrom v. Australia 1557/20072011Expulsion from country of residence
Raihman v. Latvia 1621/20072010State's modification of person's name
Bergauer v. Czech Republic1748/200820101945 "Beneš decrees" disenfranchising ethnic Germans and Hungarians
Kulov v. Kyrgyzstan1369/20052010Detention of opposition leader, and conviction after an unfair trial
Marinich v. Belarus1502/20062010Conviction of opposition leader accompanied with unfair trial, unlawful detention, inhuman conditions of detention
Milinkievič v. Belarus1553/20072009Seizure and destruction of election leaflets
Zundel v. Canada1341/20052007Denial of citizenship and deportation based on Holocaust denial
Arenz v. Germany 1138/20022004Declaration by political party that Scientology is incompatible with membership
Svetik v. Belarus927/20002004Conviction for calling for abstention from voting in election
Mátyus v. Slovakia923/20002002 Apportionment; establishment of voting districts disproportional to population
Ignatāne v. Latvia 884/19992001Annulment of candidacy for election based on language test
Diergaardt v. Namibia 760/19972000Policy prohibiting use of Afrikaans language
Ross v. Canada736/19972000Firing of teacher for controversial, allegedly religious opinions
Waldman v. Canada 694/19961999Different levels of public funding for religious schools of different religions
Polay v. Peru577/19941998Unlawful trial and imprisonment
Faurisson v. France550/19931996Law prohibiting Holocaust denial
Ballantyne v. Canada 359/1989, 385/19891993Quebec laws requiring use of French language
Toonen v. Australia 488/19921992Criminalization of sexual contacts between men
Bithashwiwa v. Zaire241/1987 and 242/19871989Arrest and banishment of persons including politician Étienne Tshisekedi
Baboeram v. Suriname146/1983, et al.1985 "December murders" of prominent government critics
Pinkney v. Canada27/19781984Alleged mistrial, prison conditions
Sendic v. UruguayR.14/631981Unlawful arrest, detention, torture, and trial of political activist

General Comments

To date the Committee has issued 36 "General Comments", each of which provides detailed guidance on particular parts of the ICCPR.

The Committee has circulated a draft of its next, forthcoming General Comment, General Comment 37 on ICCPR Article 21, the right of peaceful assembly, seeking public comments on the draft by an extended deadline of February 21, 2020. [44] The draft has been criticized for its reliance on decisions of regional, as opposed to global, human rights bodies. [45]

The Committee's most recent General Comment (of October 30, 2018) was General Comment 36 on ICCPR Article 6, on the right to life (replacing General Comments 6 and 14, of 1982 and 1984, respectively). [46] Of its seventy paragraphs, twenty address capital punishment, in a section headed "The death penalty." One commentator has stated that its description of how the right to life applies during situations of armed conflict and its statement of the relationship between international human rights law and international humanitarian law are noteworthy. [47]

In December 2014 the Committee issued General Comment 35 on ICCPR Article 9, "liberty and security of person". [48]

In July 2011, the UN Human Rights Committee adopted a 52-paragraph statement, General Comment 34 on ICCPR Article 19, concerning freedoms of opinion and expression. Paragraph 48 states:

Prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with the Covenant, except in the specific circumstances envisaged in article 20, paragraph 2, of the Covenant. Such prohibitions must also comply with the strict requirements of article 19, paragraph 3, as well as such articles as 2, 5, 17, 18 and 26. Thus, for instance, it would be impermissible for any such laws to discriminate in favor of or against one or certain religions or belief systems, or their adherents over another, or religious believers over non-believers. Nor would it be permissible for such prohibitions to be used to prevent or punish criticism of religious leaders or commentary on religious doctrine and tenets of faith.

Inter-State Communications

The Covenant provides for inter-State complaints "that enables one State Party to charge another with a violation to the treaty." [49] "[N]o interstate complaint mechanism has yet been submitted" (up to 2009). [49] This is still a matter of jurisdiction and it is optional to the committee of whether or not they will accept such complaint or not.

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  31. 1 2 3 4 5 "Human Rights Treaty Bodies - Individual Communications". UN Office of the High Commissioner for Human Rights. Retrieved 2 February 2019.
  32. ↑ "Optional Protocol to the International Covenant on Civil and Political Rights". UN Office of the High Commissioner for Human Rights. Retrieved 2 February 2019.
  33. ↑ "Drafting Complaints to the United Nations Human Rights Committee and Committee against Torture" (PDF). Open Society Justice Initiative. Retrieved 2 February 2019.
  34. ↑ "A guide for taking individual complaints to UN Human Rights Treaty Bodies" (PDF). FLAC (Free Legal Advice Centres). Retrieved 2 February 2019.
  35. ↑ "UN Human Rights Committee". hrlibrary.umn.edu. Stop Violence Against Women. Retrieved 2 February 2019.
  36. ↑ "Model Complaint Form, for communication under [First] Optional Protocol to the ICCPR, the CAT, or the CERD". UN Office of the High Commissioner for Human Rights. Retrieved 2 February 2019.
  37. ↑ "Jurisprudence database". UN Office of the High Commissioner for Human Rights. Retrieved 2 February 2019.
  38. ↑ "Database of Human Rights Committee decisions". Centre for Civil and Political Rights. Retrieved 2 February 2019.
  39. ↑ "Decisions and Views of the Human Rights Committee". University of Minnesota Human Rights Library. Retrieved 2 February 2019.
  40. ↑ "0443671_factsheet_def.qxp" (PDF). Ohchr.org. Retrieved 2017-04-06.
  41. ↑ "France: Banning the niqab violated two Muslim women's freedom of religion - UN experts". UN Office of the High Commissioner for Human Rights. Retrieved 2 February 2019.
  42. ↑ Miles, Tom (23 October 2018). "French ban on full-face Islamic veil violates human rights: U.N. panel". Reuters. Retrieved 2 February 2019.
  43. ↑ Berry, Stephanie (3 January 2019). "The UN Human Rights Committee Disagrees with the European Court of Human Rights Again: The Right to Manifest Religion by Wearing a Burqa". EJIL: Talk!. Retrieved 2 February 2019.
  44. ↑ "Draft General Comment No. 37 on Article 21 (Right of Peaceful Assembly) of the International Covenant on Civil and Political Rights". www.ohchr.org. Retrieved 10 February 2020.
  45. ↑ Aswad, Evelyn (7 February 2020). "The Use of Regional Jurisprudence in UN Draft General Comment on the Freedom of Assembly". Just Security. Retrieved 10 February 2020.
  46. ↑ "Advance unedited version, General Comment No, 36" (PDF). UN Office of the High Commissioner for Human Rights. Retrieved 3 November 2018.
  47. ↑ Todeschini, Vito (21 January 2019). "The Human Rights Committee's General Comment No. 36 and the Right to Life in Armed Conflict". Opinio Juris. Retrieved 24 January 2019.
  48. ↑ "General Comments, Human Rights Committee". UN Office of the High Commissioner for Human Rights. Retrieved 28 August 2018.
  49. 1 2 Buergenthal, Shelton and Stewart, International Human Rights in a Nutshell, 4th edition, p. 61.
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