You are on page 1of 22

OHCHR HUMAN RIGHTS TREATIES DIVISION

Newsletter No. 24 / July - September 2014


L
ast June, the Chairpersons of the ten human rights
treaty bodies held their annual meeting, the first one
after the adoption of the landmark General Assembly
resolution 68/268 on the strengthening of the treaty body
system. In her video-message, the then High
Commissioner for Human Rights, Navi Pillay,
congratulated the Chairpersons for placing the treaty
bodies on the map as a system during the
intergovernmental process on treaty body strengthening.
She welcomed the natural alliance between treaty bodies
and her Office which, together, had accomplished what
many had deemed impossible the first successful
strengthening of the human rights treaty bodies in 40
years, for the benefit of right-holders and considered
treaty body strengthening a key achievement of her
tenure. The High Commissioner emphasized that the
treaty bodies and OHCHR were different and
independent actors. The General Assembly had made
this clear in its resolution 68/268 by conferring certain
responsibilities on the treaty bodies and others on the
OHCHR. She highlighted that the treaty bodies and the
Office had aligned interests but distinct roles to play and
that each would be judged separately in the Secretary-
Generals biennial report to the Assembly. The High
Commissioner therefore encouraged the Chairpersons to
continue their leadership role.
The year 2015 is approaching fast and will bring change
to our collective work. In less than three months, the
treaty body system will enter a new era. In this new
context, we will continue to do our outmost to provide the
ten human rights expert committees and their
stakeholders with the highest possible standard of
professional support as we strongly believe we can all
make a difference in improving human rights worldwide.
This is part of our commitment as the UN's Human
Rights Office.
Message from the Director

The treaty body system enters a new era

2


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014
TABLE OF CONTENTS
EDITORIAL Message from the Director
1
HIGHLIGHT Chairpersons act on General Assembly encouragement to harmonize treaty
body working methods
3
Informal consultation of Treaty Body Chairpersons with States
4
RECENT
DEVELOPMENTS
General discussion by the Committee on the Elimination of Discrimination
Against Women on the right to education
4
Calls on Human Rights Council to convene a special session on
Iraq's human rights situation
5
Migrant domestic workers: How to protect the least protected
5
Childrens rights in a digital age
6
Celebrating 25
th
anniversary of the Convention on the Rights of the Child via
Google Hangouts
6
Call for universal ratification of the Convention against Torture
7
You, in this room, are making a real difference to childrens live
7
Committee on Enforced Disappearances Urgent Action Procedure
8 INTERVIEW
Interview with Maurice Kamto, member of the UN international Law
Commission
10
CAPACITY-
BUILDING
Treaty Body training to help the Government of Mali fulfil its reporting
obligations
12
Gender and statistics: Pacific region civil servants learn importance of gender
perspective in statistics for reporting to treaty bodies
12
Myanmar considers ratifying ICESCR, CAT and OPAC
13
SPT Subcommittee on Prevention of Torture visits Nicaragua
13
INTERVIEW
Interview de Maurice Kamto, membre de la Commission du droit international
de lONU
14
NEW OHCHR publications
16
OTHERS Latest signatures, ratifications and accessions 17
Latest State Party reports received
19
Info on OHCHR Human Rights Treaties Division 21
Tools and links
22

3
OHCHR - HUMAN RIGHTS TREATIES DIVISION
H
armonizing the working methods of the Committees
was top of the agenda for the 26
th
annual meeting
of the Chairpersons of the 10 international human rights
treaty bodies that took place in June 2014 in Geneva,
just weeks after the General Assemblys landmark
resolution on treaty body strengthening.
The meeting, presided by Malcolm Evans, Chairperson
of Subcommittee on the Prevention of Torture, with
Emmanuel Decaux, the Chairperson of the Committee
on Enforced Disappearances, as Vice-Chairperson,
specifically considered (1) the simplified reporting
procedure; (2) the conduct of constructive dialogue; and
(3) the format for concluding observations.
The meeting included, as usual, consultations with
States, representatives of civil society and the
International Coordinating Committee of national human
rights institutions. The Chairpersons also discussed
reprisals against individuals and groups cooperating
with the treaty bodies.
The Chairpersons welcomed the encouragement given
by the General Assembly to the treaty bodies in
paragraph 38 of resolution 68/268 to enhance the
Chairpersons role on procedural matters. This includes
formulating conclusions on issues related to working
methods, generalizing good practices and
methodologies among all treaty bodies, ensuring
coherence across the treaty bodies and standardizing
working methods. They reiterated the decision taken at
previous Chairpersons' meetings that the Chairpersons
should adopt measures on working methods and
procedural matters that are common across the treaty
body system and have been discussed by each
committee. Such measures should be implemented by
all treaty bodies unless a committee subsequently
dissociates itself from them.
On the simplified reporting procedure, the Chairpersons
echoed the encouragement contained in article 1 of GA
resolution 68/268 that treaty bodies which examine
periodic reports should consider making such a
procedure available after 1 January 2015. They also
endorsed the view that treaty bodies might consider
making a simplified process available for initial reports.
Each treaty body ought to consider revising its existing
reporting guidelines with a view to ensuring that States
Parties are able to submit reports that conform to these
guidelines and to the new word limits detailed in
paragraph 16 of the treaty body strengthening
resolution.
The Chairpersons also recommended the alignment of
existing practices for the constructive dialogue and the
format of concluding observations. They endorsed a
standard guidance note on the constructive dialogue
between the State party and a treaty body as well as a
standard framework for concluding observations, noting
the need for each treaty body to be able to exercise
flexibility in the application of these models to meet
specific needs.
On reprisals against individuals and groups cooperating
with the treaty bodies, the Chairpersons invited all treaty
bodies which have not yet done so to establish a
Rapporteur on reprisals to take the necessary steps to
prevent, protect against, investigate and pursue
accountability of acts of intimidation or reprisals. They
also decided to develop and adopt a joint treaty body
policy against reprisals at their 27
th
meeting in June
2015 and to include reprisals as a standing item on the
agenda of the annual Chairpersons meeting. At their
25
th
annual meeting, the Chairpersons had already
decided to include late and non-reporting by States
parties as a standing item on the annual agenda.
At next year's annual meeting, the Chairpersons will
consider, in addition to any follow-up to this years
meeting:
A common policy by the treaty body system on
intimidation and reprisals;
The possible alignment of the consultation process
for the elaboration of general comments;
Late and non-reporting by States parties;
The Post-2015 Development Agenda;
Capacity-building and technical cooperation in light
of GA resolution 68/268.
In closing, the Chairpersons recommended that the
annual Chairpersons meeting rotate between Geneva,
New York and the regions.
For the full report of the 26
th
meeting of Chairpersons,
please click here.
More information about the Chairpersons' activities is
available on the following webpage
http://www.ohchr.org/EN/HRBodies/AnnualMeeting/Pag
es/MeetingChairpersons.aspx
Chairpersons act on General Assembly encouragement to
harmonize treaty body working methods


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014
Soledad Cisternas Reyes (CRPD), Nigel Rodley (HRCttee), Nicole
Ameline (CEDAW), Zdzislaw Kedzia (CESCR), Kirsten Sandberg
(CRC), Emmanuel Decaux (CED), Malcolm Evans (SPT), Francisco
Carrion Mena (CMW), Felice Gaer (Vice-Chair of CAT), Jose Francisco
Calitzay (CERD) (not on the picture), at the 26
th
Meeting of
Chairpersons, Geneva, June 2014 OHCHR/Danielle Kirby

4
OHCHR - HUMAN RIGHTS TREATIES DIVISION
D
uring their annual meeting, per usual practice, the
Chairpersons of the 10 treaty bodies held informal
consultations with States.
Malcolm Evans, Chairperson of the annual meeting,
opened the meeting and welcomed the opportunity for a
renewed partnership with States. He expressed support for
the implementation by all actors of General Assembly
resolution 68/268 on treaty body strengthening. He
welcomed in particular the additional meeting time to
reduce the backlog in the consideration of State party
reports and individual communications.
The other Chairpersons of treaty bodies presented the
perspectives of their respective committees with regards to
the resolution, underscoring that it respects the
independence and impartiality of treaty bodies and their
members, and pointed to the specificities of individual
treaties. Overall, they expressed their readiness to
harmonize the committees working methods, on the basis
of good practices, and to make their procedures more
efficient, taking into account the distinct nature of each
treaty and treaty body. Specifically, the Chairpersons saw
the resolution as an instrument to enhance the protection
of human rights and to simplify the work of States parties
when drafting the reports, including through the newly
approved capacity-building programme. Increased visibility,
strengthened implementation of the treaties and enhanced
capacity of national protection systems were identified as
joint objectives.
States present at the meeting considered the adoption of
resolution 68/268 by the General Assembly a milestone
since it reinvigorated the treaty body system and placed it
on the map. Expeditious implementation of its provisions
was considered essential to achieve strengthened
protection on the ground. States also called for a reduction
of the backlog, the harmonization of working methods, in
particular the generalization of the simplified reporting
procedure, the increased use of technology such as
videoconferencing and webcasting, and enhanced
technical assistance to States parties.
While several States stressed the distinct responsibilities of
treaty bodies, States parties and OHCHR in the
implementation of the resolution on treaty body
strengthening, they considered the implementation of the
resolution a matter of priority. Some delegations inquired
about ways in which the role of the Chairpersons of treaty
bodies could be strengthened.
States call for expeditious implementation by treaty bodies of
GA resolution on treaty body strengthening
Informal consultation of Treaty Body Chairpersons with States


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014
I
n recent decades,
huge strides have
been made in boosting
girls' attendance at
school and enabling
them to match the
educational achieve-
ment of boys. Howev-
er, disparities persist,
particularly in the more
disadvantaged regions
of the world. UNICEF
estimates that in 2011
girls made up more
than half of the
57 million children of
primary school age out of school.
On 7 July 2014, the Committee on the Elimination of
Discrimination against Women (CEDAW) held a half-day
discussion on the right of girls and women to education. The
discussion, organized by OHCHR with the support from
UNICEF and UNESCO, was the first step toward drafting a
General Recommendation aimed at supporting efforts by
governments to bridge the remaining gaps that prevent girls
from going to school and achieving the same career
outcomes as boys.
UN Human Rights Chief (at the time), Navi Pillay, speaking at
a gathering on girls right to education, welcomed
improvements made in providing in access to education, but
highlighted the shocking inequalities in a number of States
and regions.
Women are still under-employed, underpaid and otherwise
undermined in fields ranging from their personal autonomy
to participation in politics, their unequal domestic burdens
and the far greater violence that they endure, Navi. Pillay
said.
The continuing disparity between sexes shows how existing
education systems have not addressed the strategic needs of
girls and women. This issue will be a major focus of
CEDAW's General Recommendation on the right to
education, which is being drafted in accordance with
article 10 of the CEDAW Convention.
The expert speakers at the discussion considered the legal
frameworks for girls' and women's right to education and
relevant jurisprudence; the gaps between legal and policy
measures; and strategies to enhance access to employment
and political participation through adequate education.
The CEDAW Committee intends to adopt its General
Recommendation on the right to education by December
2016.
Women attending the classes at Abu
Shouk Internally Displaced Persons (IDP)
Camp's Women Center, in North Darfur,
Sudan UN Photo/Albert Gonzalez
Farran
General discussion by the Committee on the Elimination of
Discrimination Against Women on the right to education
"Education unlocks the door to all other rights"

5
OHCHR - HUMAN RIGHTS TREATIES DIVISION
T
he Committee on the Elimination of Racial
Discrimination (CERD), using information and
testimonies from multiple sources, activated its early
warning and urgent action procedures at its 85
th
session
by adopting a decision in the context of the periodic
review of Iraq.
Specifically, the Committee requested the Human
Rights Council to convene a special session on the
human rights situation in Iraq to consider establishing a
commission of inquiry to examine the causes of the
conflict, the origins and actions of the Islamic State in
Iraq and the Levant and associated groups (ISIL), and
the forces and problems involved. The commission of
inquiry would present its findings and recommendations
to the Council, including ways to prosecute and punish
those responsible for crimes against humanity. The
Committee also urged the UN Secretary-General to
request the Security Council to approve and deploy a
UN peace force as a temporary emergency measure, in
order to create a safe zone in the plain of Niniveh.
Shortly after the CERD's decision, the Human Rights
Council, on 1 September 2014, convened a special
session on the human rights situation in Iraq and
adopted a resolution which condemned, in the
strongest possible terms, the systematic violations and
abuses of human rights and violations of international
humanitarian law resulting from the terrorist acts
committed by ISIL. The Council urged all relevant
parties to take action to protect civilians, in particular
women and children, and to ensure respect for their
rights. The Council also requested the High
Commissioner for Human Rights to build the capacity of
the Government of Iraq to protect and promote human
rights and to dispatch a mission to Iraq to investigate
alleged violations and abuses of international human
rights law committed by ISIL, to establish the facts and
circumstances of such abuses and violations, with a
view to avoiding impunity and ensuring full
accountability and to report back to the Council at its
28
th
session on the implementation of the resolution.
CERD created early warning measures and urgent
action procedures in 1993. Early warning measures
seek to prevent problems from escalating into conflict
and may include confidence-building steps to
strengthen and reinforce racial tolerance, particularly to
stop the resumption of conflict where it has previously
occurred. Urgent action procedures allow the
Committee to respond to situations which require
immediate attention in order to prevent or limit serious
violations of the Convention.
Calls on Human Rights Council to convene a special session on
Iraq's human rights situation
Committee on the Elimination of Racial Discrimination uses early warning
and urgent action procedure for Iraq


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014
Migrant domestic workers: How to protect the least protected
M
igrant domestic workers are among the most
unprotected in the labour force due to the
isolated nature of their work and their dependence on
their employers, Pablo Ceriani from the Committee on
Migrant Workers told a panel discussion on Decent
Work for Migrant Domestic Workers held on 4
September in Geneva. The event organized by OHCHR
and the International Labour Organization (ILO) brought
together national and international experts.
Domestic migrant workers were often excluded from
national labour protection laws and overlooked by
public services, said Ceriani, who called on all States to
ratify the Convention on Migrant Workers and their
Families (CMW) to enhance the protection of migrant
workers worldwide.
Michelle Leighton, Chief of Labour Migration Branch of
ILO, said changing public perceptions and attitudes
towards migrant domestic workers was essential if their
labour rights were to be improved. She also said the
ILO 189 Domestic Workers Convention was a relevant
instrument for assessing the minimum standards of
protection for such workers, and was complementary to
the broader CMW framework.
Trade union and civil society representatives shared
good practices that have helped to protect the rights of
migrant domestic workers around the world. One
example was the adoption of a Code of Conduct for
Recruitment Agencies for Domestic Workers in
Lebanon, initiated by ILO and OHCHRs field presence
in Beirut.
More initiatives are planned by OHCHR and ILO to
raise awareness about the need to better protect labour
rights of migrant domestic workers. One that is
expected to galvanize international attention and
support is the Global Action Programme on Domestic
Workers and their Families which will involve
representatives from trade unions and workers,
employers, civil society, academics and other
stakeholders.

6
OHCHR - HUMAN RIGHTS TREATIES DIVISION


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014
Children's rights in the digital age
Over 170 people participate in the Committee on the Rights of the Child's
Discussion Day on Digital media and childrens rights
O
n 12 September 2014, the Committee on the
Rights of the Child (CRC) held a Day of General
Discussion (DGD) on digital media and childrens rights
in Geneva to gain a deeper understanding of childrens
use of digital media and make more specific
recommendations to States parties to the Convention.
Over 170 participants from governments, NGOs,
academia, national human rights institutions, and UN
agencies attended the discussion day. Children were
invited to share their opinions and experiences via
Twitter and Facebook during the event.
Kirsten Sandberg, Chairperson of the CRC, said it was
precisely because information and communication
technologies (ICT) and social media were an increasing
part of children's lives that the Committee had chosen
this issue for discussion and reflection. Digital media
provide children with vast opportunities to learn,
participate, play, work and socialise, she told
participants. At the same time we must acknowledge
that online interaction may expose children to new
forms of harm that have to be tackled. The balance
between empowerment and protection has to be found,
she said.
Key issues identified during the discussion include
access to ICT for different groups of children, digital
literacy, safety concerns, cooperation between various
actors, including the private sector, and data collection.
The Committee plans to issue a report with concrete
recommendations that will guide States parties to
improve children's equal and safe access to digital
media and ICT.
Celebrating 25
th
anniversary of the Convention on the
Rights of the Child via Google+ Hangouts
O
HCHR held four Google+ Hangout sessions to mark the 25
th
anniversary
of the Convention on the Rights of the Child. Children from 14 different
countries (Australia, Belgium, Dominican Republic, Gambia, Japan, Lebanon,
Nepal, Peru, Philippines, Tanzania, Tunisia, Turkey, Uruguay and Yemen)
participated in the dialogue, discussing children's rights in their countries with
members of the Committee on the Rights of the Child.
During the sessions, viewers were prompted to take part in the conversation
via Twitter, Google+ and Facebook, by sending in their questions and
comments.
The Hangout sessions can be replayed by clicking on the following links:
Session 1 (in English): http://sm.ohchr.org/CRC25session1
Session 2 (in Arabic): http://sm.ohchr.org/CRC25session2
Session 3 (in English): http://sm.ohchr.org/CRC25session3
Session 4 (in Spanish): http://sm.ohchr.org/CRC25session4
The four sessions combined registered 1,004 views. The first session
attracted most viewers (442 views) and the fourth session had the highest
average views duration (10 minutes). Most viewers (15%) were watching from
Switzerland.


7
OHCHR - HUMAN RIGHTS TREATIES DIVISION


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014
T
o date, the Convention against Torture has been
ratified by 156 States. In March 2014, the
Governments of Chile, Denmark, Ghana, Indonesia and
Morocco marked the Convention's 30
th
anniversary by
launching a global initiative for the universal ratification
and implementation of the Convention against Torture
(CAT): the Convention against Torture Initiative 2014-
2024 (CTI). The CTI aims to help States overcome
obstacles to ratifying and implementing the Convention
through technical support and State-to-State
cooperation. The Association for the Prevention of
Torture (APT) was designated to support the initiative.
The first CTI Annual Forum was held in September 2014
in Switzerland and brought together high-level
representatives of 18 governments from different
regions, who discussed ways of overcoming barriers to
ratification.
We must reinvigorate our collective efforts to combat
torture and ill-treatment and achieving universal
ratification of the Convention is an important step in
doing so, said Flavia Pansieri, Deputy High
Commissioner for Human Rights, in her keynote speech
to the Forum, which saw the participation of Claudio
Grossman, Chair of the Committee against Torture,
Malcolm Evans, Chair of the Subcommittee on
Prevention of Torture and Juan Mendez, Special
Rapporteur on Torture.
A provisional global survey of States' compliance with
CAT obligations, undertaken by the APT and the
International Rehabilitation Council for Torture Victims
(IRCT), was presented at the Forum to facilitate
discussions. The study provides an overview of the
implementation of CAT by States parties. It analyses
national reports to the Committee against Torture and
the concluding observations of the Committee based on
13 indicators covering a range of obligations deriving
from the Convention.
In closing, participants confirmed the value of the CTI
and discussed strategies to move it forward. Following
the Forum, the five core group member countries of the
Initiative briefed the Human Rights Council at its 27
th

session. CTI plans to organize a high-level meeting in
New York during the 69
th
session of the UN General
Assembly.
Call for universal ratification of the Convention against Torture
First annual forum of the Convention against Torture Initiative 2014-2024
Government representatives and UN experts at the CTI Forum
APT
You, in this room, are making a real difference to childrens lives.
Child Helpline International reviews 10 years of the Committee on the Rights of the Child
recommendations on Childrens Right to be Heard
C
oncluding observations
are not just words on
paper, they make a real
difference to people's lives.
That was the message
brought to Geneva by
international NGO, Child
Helpline International (CHI), which reviewed 10 years of
CRC recommendations by the Committee on the Rights
of the Child. The CHI report, launched on 8 September
2014 in Palais Wilson, analyses the impact of the CRC's
recommendations on the establishment and
strengthening of national child helplines in 129 countries.
The report describes the correlation between references
to a child helpline in the Concluding Observations and
the creation or improvement of helpline services for
children, while acknowledging that other factors, such as
political and financial and technical resources, also play
a role. According to the report, if a child helpline was
mentioned in the CRC's Concluding Observations, it
took on average 2.5 years for services to be installed or
scaled up. Without a reference in the Concluding
Observations, it took on average 3.4 years. Child
helplines are crucial access points for national child
protection services, such as intervention and rescue, so
this difference can have profound long-term effects on
the lives of children and young people.
CHI Executive Director Nenita La Rose presented the
report to CRC members, congratulating them on the
effect their work was having on the ground. You, in this
room, are making a real change in childrens lives out
there, she said.
CHI has submitted 181 NGO reports to the CRC since
2004, advocating for nation-wide helplines services for
children.

8


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014
Committee on Enforced Disappearances Urgent Action Procedure
CED member Rainer Huhle, on why the procedure is an innovative and key tool for
helping victims and their families
W
hat is the urgent action procedure of the
Committee on Enforced Disappearances (CED)
and how important is it?

The urgent action Procedure is one of the most
innovative elements included by article 30 of the
Convention on Enforced Disappearances, the most
recent human rights treaty. Its aim, put simply, is to help
to locate a disappeared person; hence it has a
humanitarian purpose. It can be initiated by the family of
the disappeared person or their legal representatives,
their counsel or any person authorized by them, as well
as by any other person having a legitimate interest. There
are no precedents of such procedure in other treaty
bodies.
The only conditions for admission are that the disap-
pearance occurred after the Convention came into force
in the State party, that sufficient information is provided
for the Committee to act upon, and that the case has
been presented to a competent body of the State Party,
where such a possibility exists. This does not mean that
domestic remedies must have been exhausted, but
simply that the authorities must have been informed of
the referred disappearance.

What is the timeframe for the procedure?

As its name suggests, urgency is key. The Committee
therefore acts as quickly as possible. Usually, it sends a
letter to the State party concerned within 24 hours after
having received the request. The Committee asks the
State party to take immediate action to locate the
disappeared person.

The State partys reply is shared with the authors of the
urgent action request, so that they can comment and give
their view on the situation. The authors comments allow
the Committee to further analyse the situation and to
make recommendations to the State on the development
of the case, and on the situation of the persons involved.

To date, States parties have been very cooperative. But
when a State does not reply, the Committee can request
a meeting with the Permanent Representative of the
State in Geneva. And if a State party does not cooperate
with the procedure, this is mentionned in the
Committees report to the General Assembly.

How many cases have been submitted to CED under
the urgent action procedure?
So far, the Committee has received 29 requests for
urgent action, 17 of which have been registered and
activated. In all these cases, the Committee is in
permanent contact with the State party concerned. The
others were not admissible as they related to enforced
disappearances that occurred in States that are not
parties to the Convention.

Article 30 of the Convention allows the Committee to
request the State party to take all the necessary
measures, including interim measures, to locate and
protect the person concerned. How does it work and
what kind of interim measures can the Committee
request from the State party?

The Committee can request the State party to provide
the protective and interim measures that are necessary
to locate and protect the person. This means that
measures are requested so that the disappeared person
is located, but also that she or he is not subjected to
torture or mistreatment for example.
Protective and interim measures can also be requested
to protect the complainant, witnesses, the family of the
disappeared person or their counsel, or any person
participating in the investigation. Often, the family of
disappeared persons receive threats and pressure that
discourage them from going on with their research and
action. The interim and protection measures are
requested by the Committee to protect them from such
acts, to enable the persons to continue with their action
to find out what has happened to the disappeared
Rainer Huhle, CED Member OHCHR/Danielle Kirby

9


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014
person. The protection depends on what the State party
will propose. But the Committee is here to ensure that
these measures are indeed adopted, and it maintains
permanent contact with the State party to check on what
has been put in place to protect those in need, such as
police protection, or relocation, etc. Such measures can
also concern a place, an object, a grave, or any other
element which could be necessary to locate the
disappeared person. For example, there could be a
threat that a grave or a place of detention shall be
affected, where the disappeared person could be
located. Interim measures could be requested by the
Committee to protect such places.
Since March this year, the Committee has adopted a
new format for the submission of urgent action
requests. Could you tell us about this?
The main purpose of the new format is to facilitate the
submission of urgent action requests. It clarifies the
conditions of admissibility of urgent action requests and
lists the information the Committee needs to register and
activate the urgent action procedure.
The new format was designed taking into account
comments, questions and the experience of those
engaged in the procedure - whether States parties,
victims or authors of urgent action requests. The format
may need further modification in the future to evolve with
changing needs and circumstances.
I would like to add that the format is not compulsory: a
simple written communication can be sufficient to submit
an urgent action request, as long as it has all the
necessary information. The format is only a guidance
tool. We must not forget that the aim of the procedure is
to locate the disappeared person, and that the
information provided as to her or his characteristics and
as to the circumstances of the disappearance is
important for the investigation and, we all hope, to locate
her or him.
I want to highlight that the Committee manages the
procedure in a very transparent manner. The information
and answers provided to the Committee are shared with
all parties, always in a way that makes it possible to
keep the identity of the author strictly confidential, unless
the author prefers otherwise.
Finally, I would like to take this opportunity to express
the Committees appreciation for civil society
organizations around the world for their support and
collaboration, for providing information to us, and
assisting the victims. The information they provide on the
procedure and on how to use it is fundamental for the
procedure to work. I also want to acknowledge the vital
role of OHCHR staff both in the field and at headquarters
for the work of the Committee.

10
OHCHR - HUMAN RIGHTS TREATIES DIVISION


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014
A
t its 64
th
session in August 2014, the UN
International Law Commission (ILC) adopted the
draft articles on the expulsion of aliens for the purpose
of codification and the progressive development of
international law. The ILC has worked on the topic for
nine years under the rapporteurship of Maurice Kamto.
The ILC decided to recommend to the General
Assembly to: a) take note of the draft articles on the
expulsion of aliens in a resolution and to encourage
their widest possible dissemination; b) to consider, at a
later stage, the elaboration of a Convention on the basis
of the draft articles. The draft articles on the expulsion
of aliens address the human rights of a person subject
to expulsion during the entire process. During the
drafting process, the ILC paid tribute to the work of the
Treaty bodies. Indeed, the positions of the Human
Rights Committee, the Committee against Torture and
the Committee for the Elimination of Racial
Discrimination are widely reflected, enhancing treaty
bodies interpretative authority and visibility.
To date, the UN International Law Commission has
worked on codification and the progressive
development of international law. Now, the
Commission decided to approach the procedural
and substantial aspects of human rights protection
of foreigners being expelled. How did this project
come about, what prompted the Commission to
include it in its agenda, and why did you agree to
serve as a Special Rapporteur on this matter?
Back in 1949, Sir Hersch Lauterpacht already
mentioned the expulsion of foreigners and stateless
persons in his Study of International Law, expressing
the view that arbitration practice had sufficiently clarified
the law in this area.
Only in 1998, at its 50
th
session, did the International
Law Commission consider The law related to the
expulsion of foreigners as a possible item on its
agenda, thereby following a suggestion by its Planning
Committee.
At its 52
nd
session (2000), the Commission included the
subject Law related to the expulsion of foreigners in its
long-term work program. The General Assembly, in
resolution 55/152 (12 December 2000), took note of this
inclusion.
On 6 August 2004, at its 56
th
session, the Commission
decided to include the topic Expulsion of foreigners in
its ongoing work program and appointed me as Special
Rapporteur, a decision approved by the General
Assembly in resolution 59/41(2 December 2004).
I accepted the honor of this appointment without
hesitation. The expulsion of foreigners is not only a very
topical matter, but a major subject of international law
on the crossroads of traditional inter-State relations and
the more recent imperative of human rights protection.
As Special Rapporteur on this subject which is present
in jurisprudence as well as in doctrine at least since the
late XIX
th
century, I look forward to contributing to the
development of international law.
What are the main provisions of the draft articles,
and how do they relate to the protection of human
rights?
The 31 draft articles strike a delicate balance between
the rights of the State and the rights of the foreigner
facing expulsion. They balance the preservation of
State sovereignty with the human rights protection of
the foreigner concerned, whether he or she is legally or
Interview with Professor Maurice Kamto,
Member of the UN International Law Commission
The expulsion of foreigners is not only a very topical issue, but also a major
topic of international law, at the crossroads of inter-state relations
and human rights protection
OHCHR/Danielle Kirby

11
OHCHR - HUMAN RIGHTS TREATIES DIVISION


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014
illegally on the evicting States territory.
While the right to expel persons from the State is
confirmed, it is subjected to certain conditions of
substance and form, as well as to limitations arising
from the protection of the rights of foreigners facing
expulsion.
Taking into account the sensitivity of the subject,
what are the main challenges you encountered in
your work, in legal terms and at a procedural level,
and in particular in your engagement with State
representatives in the 6
th
Commission of the
General Assembly?
In general, unlike some other issues that the
Commission has addressed, there was no scarcity of
State practice, with the exception maybe of two or three
provisions for which there was little practice.
In fact, there is abundant State practice on the matter.
For example, a large part of the case law used to
legislate State liability for internationally wrongful acts
related to cases of expulsion of foreigners for which
there is abundant jurisprudence and a resolution of the
International Law Institute since the late XIXth century.
The difficulty was mostly to analyze this vast quantity of
material and an abundant doctrine, and to extract a
coherent practice and trends from it.
Most striking was the reluctance of some States in the
6
th
Commission of the General Assembly to the
legislation and progressive development of international
law on this matter. However, this reluctance evaporated
once States saw the totality of the draft articles adopted
by the Commission in its first reading.
In any case, we further refined the draft articles to take
into account States observations and suggestions on
the text adopted at its first reading. While it is hard to
satisfy each State individually, we tried hard to address
their concerns within the limitations of what is
technically possible under existing international law all
of this because we believe that the Commission is there
to serve States.
Human rights treaty bodies, in particular the Human
Rights Committee and the Committee against
Torture, have produced ample material on the
subject, both through statements and general
comments, which you cited in the draft articles.
What do you believe will be the impact of this
material? Do you see it as a recognition of the work
of the human rights treaty bodies and their
authority when it comes to the interpretation and
implementation of the treaties they monitor?
It seemed natural for me to refer to the treaty bodies
jurisprudence and I did not consider how this would
impact the draft articles, since that question did not
arise within the Commission. Treaty bodies are
established by States Parties with a mandate to
interpret the respective treaties. It seems to me that the
interpretation of treaty provisions by treaty bodies can
be considered an authentic interpretation, because in a
way States parties express themselves through the
treaty bodies.
Therefore, it makes sense to pay careful attention to
what treaty bodies are saying on this subject.
Incidentally, I believe that our references to this
jurisprudence may contribute to strengthening the
authority of treaty body jurisprudence. Conversely, the
inclusion of these references may facilitate the
acceptance of our work by State parties.
Ultimately, I also see in our effort a way for the
Commission to contribute to the overall strengthening of
the UNs international human rights law system.
Which provisions are legislative in nature and
which concern the progressive development of
international law?
Under its mandate, the Commissions mission is to
codify and to progressively develop international law.
Sometimes, the customary nature of certain rules is so
established that there can be no doubt in saying that
they fall in the category of codification. But the
distinction between codification and progressive
development is not always so clear-cut. Therefore, the
Commission only rarely indicates which provisions
qualify as codification and which ones qualify as
progressive development of international law as both
aspects fall within its mandate. We have strived to
identify the rules which in our view would constitute the
applicable law to foreigners expulsion under
international law today.
What will happen after the final adoption of the draft
articles by the Commission and their referral to the
General Assembly? Should we expect a new
convention?
By adopting the draft articles and their commentary on
the expulsion of foreigners at its second reading, the
Commission has fulfilled its mission. The Commission
can be proud of its outstanding contribution to one of
the important aspects of contemporary international
law, especially as it concretely affects peoples lives in
a world where international migration is becoming a
massive phenomenon that is likely to last. From there, it
is up to States to play their role in the General
Assembly. The ultimate decision is theirs only.
The original interview in French can be read on
page 14.
Maurice Kamto is a professor of international
law from Cameroon. He is the former Chair and
member of the UN International Law
Commission. He is also a member of the Institut
de droit international. Maurice Kamto has been
designated as Counsel for States in international
litigation, in particular before the International
Court of Justice. He has published widely on
international law.

12
OHCHR - HUMAN RIGHTS TREATIES DIVISION


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014
Treaty Body training to assist the Government of Mali
fulfil its reporting obligations
M
ali has ratified all nine core international human
rights treaties and two optional protocols with a
reporting procedure. As at 15 September 2014, Mali had
10 overdue reports to the treaty bodies, including 6
initial reports and 4 periodic reports
Improving Malis preparation and submission of reports
to the Treaty Bodies was therefore the focus of a
workshop in Bamako in August jointly run by the Human
Rights Division of MINUSMA (HRD-MINUSMA) and the
Human Rights Treaties Division of OHCHR.
The training, organised at the request of the
Government of Mali, was attended by members of the
countrys Inter-ministerial Committee for treaty body re-
porting (Comit interministriel dappui llaboration
des rapports initiaux et priodiques de mise en uvre
des conventions ratifies par le Mali (CIMERAP)). Civil
society representatives also participated and there were
observers from local donors and the UN Country Team.
This workshop is a proof of the determination of the
Malian government to fulfil its international obligations,
said Malick Coulibaly, the Minister of Justice, at the
opening of the workshop.
CESCR member Virginia Bras Gomes facilitated the
workshop from 4 to 6 August together with OHCHR
staff to help CIMERAP to prepare and submit long
overdue reports. The event was a useful forum for civil
servants and other participants to discuss the
challenges in relation to treaty body reporting. Tools and
methodologies were presented to strengthen the inter-
ministerial committee and to prepare reports.
At the end of the workshop, participants adopted an
action plan with recommendations for the Government.
They called on the Government to prioritize treaty body
reporting as a means to improve the human rights
situation in Mali and requested additional resources for
the Inter-Ministerial Committee. It was also recom-
mended that a National Human Rights Commission be
established in conformity with the Paris Principles.
MINUSMA was asked to continue to support the action
plan and monitor its implementation.
Link to Youtube video
https://www.youtube.com/watch?v=m2mG2z9OtSA
Gender and statistics: Pacific region civil servants learn importance of
gender perspective in statistics for reporting to treaty bodies
H
ow to integrate a gender perspective into statistical
analysis and human rights reporting was the focus
of a regional workshop in Fiji in August organized by the
Secretariat of the Pacific Community (SPC) in
cooperation with the Pacific Islands Forum Secretariat
(PIFS), the Asia Development Bank (ADB) and the
United Nations Statistics Division (UNSD).
Some 70 officials took part, the majority from National
Statistics Offices (NSO) and Ministries in charge of
treaty body reporting and promoting gender equality in
the region. Participants learned how to integrate a
gender perspective into national statistical systems. The
importance of collecting gender-specific data to foster
the development of policies and programs to advance
gender equality and facilitate reporting by States in the
region to the UN human rights treaty bodies was also
stressed.
Participants said the main challenges they faced were
the lack of coordination and communication between
Ministries and national statistics offices, and limited
access to data (particularly on-line). They called for their
national statistics systems to be strengthened.
Participants also stressed the need to improve public
officials' knowledge of the UN treaty body system.
Given the high turnover of officials in charge of treaty
body reporting, it had proved challenging to build
institutional knowledge and experience. Participants
urged governments to set up national reporting and
coordination mechanisms to ensure that accumulated
expertise was preserved and continuity was ensured.
You can learn more about these topics in the following
publications:
UN Gender Statistics
Manual: Integrating a
Gender Perspective into
Statistics

13


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014
Myanmar considers ratifying ICESCR, CAT and OPAC
T
o date, Myanmar
has ratified three
out of nine core
international human
rights treaties: the
Convention on the
Elimination of All
Forms of
Discrimination against
Women (CEDAW), the
Convention on the Rights of Persons with Disabilities
(CRPD), and the Convention on the Rights of the Child
(CRC) and its Optional Protocol on the sale of children,
child prostitution and child pornography (OPSC).
In July 2014, the Ministry of Foreign Affairs of Myanmar,
in collaboration with OHCHRs Regional Office for
South-East Asia, organized a workshop in the capital,
Nay Pyi Taw, to explore the ratification of the
International Covenant on Economic, Social and
Cultural Rights (ICESCR), the Convention against
Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT) and the Optional
Protocol to the CRC on the involvement of children in
armed conflict (OPAC).
The workshop was opened by the Deputy Minister of
Foreign Affairs and brought together representatives of
all relevant ministries, the Attorney Generals Office and
the Presidential legal and political advisers as well as
parliamentarians and the Myanmar National Human
Rights Commission (MNHRC). Representatives of UN
agencies and NGOs, including Amnesty International
and Child Soldiers International also attended the
workshop. Virginia Dandan, a former Chair of the
Committee on Economic Social and Cultural Rights
(CESCR) participated as a resource person and guided
the discussions throughout the workshop.
Participants looked at concrete steps necessary prior to
ratifying the treaties, such as the review of domestic
legislation, policies and programmes. They also
considered the implementation of the treaties and
monitoring of progress, as well as reporting obligations
and complaints procedures. During the discussion,
participants acknowledged that the workshop was
instrumental to advance technical cooperation between
the Government and OHCHR. They stressed the need
for further technical assistance to get the treaties ratified
and implemented.
T
he Subcommittee on
Prevention of Torture
(SPT) urged the
Government of Nicaragua
to take steps to improve
conditions of detention in
the country at the end of its
first regular visit to the
country in May 2014.
The situation of persons
deprived of their liberty in
Nicaragua is extremely
worrying, said Enrique
Font, who headed the four
strong SPT delegation.
We trust that our findings
and recommendations will be used by the Government of
Nicaragua to eliminate any form of ill-treatment in places of
deprivation of liberty and to improve conditions of
detention.
During their visit, the SPT members visited places of
deprivation of liberty, including police stations, prisons,
juvenile detention facilities and migrant detention centres.
They also interviewed prison and police staff as well as
persons deprived of their liberty and their families, in a
private and confidential manner.
The SPT conducted its visits together with representatives
of Nicaraguas national human rights institution,
Procuradura para la Defensa de los Derechos Humanos
(PDDH), which is the designated national preventive
mechanism for the prevention of torture.
"The Procuraduria para la Defensa de los Derechos
Humanos should play an active role in the prevention of
torture and ill-treatment of persons deprived of their liberty
through periodic visits to places where people are
detained, followed by recommendations to the authorities
that must be monitored, said Mr Font. It is also important
that the PDDH monitors that no reprisals are taken against
persons deprived of their liberty after their interviews with
us.
At the end of the visit the delegation members met
President Daniel Ortega of Nicaragua. They briefed the
President and stressed how important it was for the
Nicaraguan authorities to make the SPTs report of its visit
public.
In accordance with the Optional Protocol to the
Convention against Torture (OPCAT), the SPT will send a
confidential final report to the Government of Nicaragua.
The State party can request the publication of the report,
which promotes transparency and will allow the State
party to request financial resources to fulfil the
recommendations made by the SPT, by accessing the
Special Fund created for this purpose.
Nicaragua ratified the OPCAT in 2009 and designated the
Procuradura para la Defensa de los Derechos Humanos
(PDDH) as a national preventive mechanism (NPM) in
January 2012.
SPT delegation with
Ombudsperson, Omar Cabezas
during NPM capacity-building
sessions (from the left: Hans
Petersen, Enrique Font, Judith
Salgado and Emilio Gines)
OHCHR
Subcommittee on Prevention of Torture visits Nicaragua

14
OHCHR - HUMAN RIGHTS TREATIES DIVISION
L
ors de sa 64
me
session, en aot 2014, la
Commission du droit international de lONU (CDI) a
adopt le projet darticles sur l'expulsion des
trangers aux fins de la codification et le
dveloppement progressif du droit international. La CDI
a travaill sur le sujet pendant neuf ans sous lgide de
son rapporteur Maurice Kamto. La CDI a dcid de
recommander l'Assemble gnrale: a) de prendre
note du projet d'articles sur l'expulsion des trangers
dans une rsolution et dencourager la diffusion la plus
large possible; b) d'examiner, un stade ultrieur,
llaboration d'une convention sur la base du projet
d'articles. Les projets d'articles sur lexpulsion des
trangers portent sur les droits fondamentaux dune
personne faisant l'objet dune expulsion durant tout le
processus. Au cours du processus de rdaction, la CDI
a rendu hommage au travail des organes de traits. En
effet, les positions du Comit des droits de lhomme, du
Comit contre la torture et du Comit pour llimination
de la discrimination raciale sont largement refltes,
renforant lautorit interprtative et la visibilit des
organes de traits.

La Commission du droit international de lONU a
jusque-l travaill sur la codification et le
dveloppement progressif du droit international
gnral. L, avec le sujet sur lexpulsion des
trangers, la Commission a dcid de toucher la
protection des droits de lhomme en substance et
en procdure de la personne expulse. Pouvez-vous
nous parler de la gense de ce projet, ce qui a
dcid la Commission linscrire son agenda et
pourquoiavez-vous accept den tre le Rapporteur
spcial ?
Cest en 1949 dj que Sir Hersch Lauterpacht
mentionna dans son Etude du droit international en vue
de sa codification le droit relatif lexpulsion des
trangers et des apatrides, estimant que la pratique
arbitrale avait suffisamment clairci le droit en la
matire pour quune telle tentative soit possible.
Il a fallu attendre 1998 pour qu sa 50
e
session, la
Commission du droit international prenne note du
rapport du Groupe de planification identifiant, entre
autres, le sujet Droit relatif lexpulsion des
trangers comme pouvant figurer au programme de
travail long terme de la Commission.
sa 52
e
session, en 2000, la Commission a inscrit le
sujet intitul Le droit relatif lexpulsion des
trangers son programme de travail long terme.
LAssemble gnrale a pris note de cette inscription
dans sa rsolution 55/152 du 12 dcembre 2000. sa
56
e
session, la Commission a dcid, le 6 aot 2004,
dinscrire le sujet Expulsion des trangers son
programme de travail en cours, et ma nomm
Rapporteur spcial pour ce sujet. LAssemble
gnrale a approuv cette dcision de la Commission
dans sa rsolution 59/41 du 2 dcembre 2004.
Jai ressenti cette dsignation comme un grand honneur,
ce dautant plus que je fus propos cette fonction en
mon absence. Je lai donc accepte sans hsitation.
Lexpulsion des trangers est non seulement une
question trs actuelle, mais encore un des grands sujets
du droit international classique, mlant les questions des
rapports intertatiques et la problmatique plus
contemporaine de la protection des droits de la personne
humaine. Il ma sembl quen exerant les fonctions de
Rapporteur spcial sur ce sujet qui est prsent dans la
jurisprudence et doctrine au moins depuis la fin du XIX
e

sicle, il y avait l une belle occasion dapporter une
contribution significative au dveloppement du droit
international.
Quelles sont les dispositions principales de ce
projet d'articles ? Quelle incidence dans la
protection des droits de l'homme ?
Le projet darticles qui compte 31 articles au total
repose sur un quilibre patiemment construit entre les
droits de ltat et ceux de ltranger objet dexpulsion,
entre la ncessaire prservation de la souverainet de
ltat expulsant et limpratif de la protection des droits
de la personne humaine de ltranger concern, quil se
trouve lgalement ou illgalement sur le territoire de
ltat expulsant.
Cest ainsi qualors que le droit dexpulser de ltat est
expressment affirm, il est tout aussi clairement
indiqu que lexercice de ce droit est soumis
certaines conditions de fond et de procdure ainsi qu
des limites quimposent la protection des droits des
trangers objet dexpulsion.
Le sujet tant sensible, quelles sont les principales
difficults que vous avez rencontres lors de votre
travail de rdaction, dabord sur le plan juridique et
sur le plan processuel, en particulier de la part des
tats la 6
e
Commission ?
Contrairement certains sujets que la Commission a eu
traiter, de manire gnrale on na pas t confront
la raret de la pratique des tats, lexception prs de
deux ou trois dispositions pour lesquelles cette pratique
ntait pas abondante. Dans certains cas mme ctait
plutt labondance. Je rappelle quune bonne partie de
Interview de Maurice Kamto,
Membre de la Commission du droit international de lONU
Lexpulsion des trangers est non seulement une question trs actuelle,
mais encore un des grands sujets du droit international, lintersection des
questions intertatiques et des droits de lhomme.


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014

15
OHCHR - HUMAN RIGHTS TREATIES DIVISION


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014
la jurisprudence qui a servi la codification du droit de
la responsabilit de ltat pour fait internationalement
illicite tait relative des affaires dexpulsion des
trangers pour lesquelles il existe une abondante
jurisprudence arbitrale et une rsolution de lInstitut de
droit international depuis la fin du XIX
e
sicle. La
difficult consistait plus souvent analyser cette masse
importante de matriau laquelle il faut ajouter une
doctrine foisonnante pour en extraire une pratique
concordante ou des tendances affirmes.
Le plus tonnant a t les rticences de certains tats
au sein de la VI
e
Commission de lAssemble gnrale
lgard de la codification et du dveloppement
progressif du droit international en cette matire. Mais je
crois que ces rticences se sont considrablement
estompes depuis que les tats ont eu entre les mains
la totalit du projet darticles adopts par la CDI en
premire lecture. En tout tat de cause, nous avons
encore poli le projet darticles en seconde lecture en
tenant compte pratiquement de toutes les observations
et suggestions faites par les tats sur le texte adopt en
premire lecture. Il est difficile de donner entirement
satisfaction chaque tat pris individuellement, mais
nous avons vraiment fait notre mieux pour faire droit
leurs proccupations dans les limites de ce qui est
techniquement possible au regard du droit international
en vigueur; car nous estimons que la CDI est au service
des tats et quelle ne travaille par pour elle-mme.
Les organes des traits des droits de lhomme ont
produit une riche jurisprudence sur le sujet tant au
travers des constations du Comit des droits de
lhomme que du Comit contre la torture, que les
Observations gnrales ("General Comments").
Vous y avez fait rfrence de manire abondante
dans votre projet d'articles. Quel en sera l'impact de
part et d'autre ? Est-ce une plus grande
reconnaissance du travail men par les organes
des traits et lautorit de ces organes quant
l'interprtation et lapplication des conventions
dont ils assurent le contrle ?
Il ma paru naturel de faire rfrence la
jurisprudence des organes des traits sans
dailleurs chercher savoir si cela aura un impact dans
un sens ou dans un autre. La question ne sest pose
aucun moment au sein de la Commission. Les organes
des traits sont institus par les tats parties aux traits
concerns et sont dots de comptences
interprtatives. Linterprtation quils peuvent faire cet
gard me semble assez proche de ce que lon appelle
une interprtation authentique, car dune certaine
manire travers ces organes ce sont les tats parties
aux traits qui se prononcent. Il me parat ds lors
assez logique dtre attentif ce quils disent ce sujet.
Au demeurant, je crois que notre rfrence cette
jurisprudence pourra contribuer renforcer lautorit
de celle-ci et, linverse pourra contribuer faciliter
lacceptation du rsultat de nos travaux par les tats
parties. Jy vois aussi, en dfinitive, une manire pour
la CDI dapporter une contribution au systme global
onusien de renforcement du droit international des
droits de lhomme.
Quelles sont les dispositions qui relvent de la
codification et celle qui relvent du dveloppement
progressif?
Aux termes de son Statut, la CDI a pour mission le
dveloppement progressif et la codification du droit
international. Il arrive que la nature coutumire de
certaines rgles soit ce point tablie que lon ne court
aucun risque de se tromper en disant quelles relvent
de la codification. Mais il nen est pas toujours ainsi, et
la distinction entre le dveloppement progressif et la
codification nest pas toujours aussi nette dans tous les
cas. Cest pourquoi il est trs rare que la Commission
indique quelles dispositions relvent de tel ou tel autre
aspect, les deux aspects entrant dans son mandat.
Nous nous sommes efforcs de dgager les rgles qui,
notre avis, constitueraient le droit applicable
lexpulsion des trangers en droit international
aujourdhui.
Quelle sera la suite donne ce projet d'articles
aprs son adoption finale par la Commission et son
renvoi l'Assemble gnrale? Pourrions-nous
nous attendre une Convention ?
En adoptant en seconde lecture le projet darticles sur
lexpulsion des trangers et son commentaire, la
Commission sest acquitte de sa mission sur ce sujet.
Elle peut lgitimement tre fire davoir, ce faisant,
apport une contribution remarquable un des aspects
importants du droit international contemporain, dautant
plus important quil touche concrtement la vie des
gens dans un monde o les migrations internationales
deviennent un phnomne massif et durable. Il revient
dsormais aux tats de jouer leur rle eux, au sein de
lAssemble gnrale. La dcision ultime leur
appartient souverainement.

Maurice Kamto est professeur de droit
international du Cameroun. Il est lancien
prsident et membre de la Commission du droit
international de lONU. Il est galement membre
de lInstitut de droit international. Maurice
Kamto a t dsign comme avocat pour les
tats dans le contentieux international, en
particulier devant la Cour internationale de
Justice. Il a publi de nombreux articles sur le
droit international.

16
OHCHR - HUMAN RIGHTS TREATIES DIVISION


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014
PUBLICATIONS
The Convention on the Rights of Persons with Disabilities: Training Guide -
Professional Training Series No. 19 (HR/P/PT/19, 153 pp).
Following the entry into force of the Convention and its Optional Protocol, OHCHR has developed this
Training Guide to help national stakeholders to implement these two instruments. The Training Guide
provides basic information on a rights-based approach to disability, on the fundamental elements of the
Convention and its Optional Protocol, and on the processes underlying their ratification, implementation
and monitoring. The Training Guide is available in English only. Translations in the other UN official la

Practical guides for civil society
How to follow up on UN Human Rights Recommendations in Arabic, English, French,
Russian and Spanish http://www.ohchr.org/EN/AboutUs/Pages/CivilSociety.aspx

United Nations Human Rights Council in Arabic, English, French, Russian and Spanish.
http://www.ohchr.org/EN/AboutUs/Pages/CivilSociety.aspx


Selected Decisions of the Committee against Torture (HR/CAT/PUB/1)
is now available in Spanish, as well as in English.




Individual Complaint Procedures under the United Nations Human Rights Treaties
(Fact Sheet 7 Rev.2) is now available in the 6 official UN languages.


17
LATEST TREATY SIGNATURES, RATIFICATIONS AND ACCESSIONS
July - September 2014
OP-ICESCR Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights
Ratification by Costa Rica (23 September 2014)
OP-CEDAW Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women
Ratification by Tajikistan (22 July 2014)
CAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment
Accession by Eritrea (25 September 2014)
OP-CAT Optional Protocol to the Convention against Torture and Other Cruel Inhuman or
Degrading Treatment or Punishment
Accession by Mozambique (01 July 2014)
OPSC-CRC Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child prostitution and child pornography
Signature by Democratic Peoples Republic of Korea (09 September 2014)
Ratification by Haiti (09 September 2014)
OPAC-CRC Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict
Ratification by Guinea Bissau (24 September 2014)
OPIC-CRC Optional Protocol to the Convention on the Rights to the Child on a
communications procedure
Ratification by Andorra (25 September 2014)
Signature and Ratification by Ireland (24 September 2014)
Accession by Monaco (24 September 2014)
CMW International Convention on the Protection of the Rights of All Migrant Workers
and Members of their Families
Signature by Madagascar (24 September 2014)
CRPD Convention on the Rights of Persons with Disabilities
Ratification by Congo (02 September 2014)
Ratification by Grenada (27 August 2014)
Ratification by Guyana (10 September 2014)
Ratification by Guinea Bissau (24 September 2014)
Signature by Samoa (24 September 2014)
OP-CRPD Optional Protocol to the Convention on the Rights of Persons with Disabilities
Ratification by Congo (02 September 2014)
Accession by Denmark (not in Greenland) (23 September 2014)
Ratification by Gabon (01/07/2014)
CED International Convention for the Protection of all Persons from Enforced
Disappearance
Ratification by Togo (21 July 2014)
Signature by Angola (24 September 2014)
Newsletter No 18 / Oct. - Nov. - Dec. 2012
OHCHR - HUMAN RIGHTS TREATIES DIVISION


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014

18
Newsletter No 18 / Oct. - Nov. - Dec. 2012
OHCHR - HUMAN RIGHTS TREATIES DIVISION
To find out which countries have ratified the international human rights treaties:
http://indicators.ohchr.org/

For information on the status of ratification and signature by States of UN human rights
treaties, as well as reservations and declarations:
http://treaties.un.org/Pages/Treaties.aspx?id=4&subid=A&lang=en

An overview of the ratification status is also available at:
http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Treaty.aspx

Status of ratification of international human rights instruments
(As of 30 September 2014)


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014

19
OHCHR - HUMAN RIGHTS TREATIES DIVISION Newsletter No 19 / Jan. - Feb. - March 2013


Ghana
CCPR Initial report CCPR/C/GHA/1
(10/09/2014)
CMW Initial report CMW/C/GHA/1 (31/08/2014)
Malawi CEDAW 7
th
periodic report CEDAW/C/MWI/7
(04/07/2014)
Rwanda
CCPR 4
th
periodic report CCPR/C/RWA/4
(11/07/2014)
CERD 18
th
-20
th
periodic report CERD/C/RWA/18-20
(11/07/2014)
Seychelles CRPD Initial report CRPD/C/SYC/1 (19/09/2014)
AFRICA

Japan CEDAW 7
th
8
th
periodic report CEDAW/C/JPN/7-8
(05/09/2014)
Nepal CRPD Initial report CRPD/C/NPL/1 (29/08/2014)
KINDLY NOTE THAT ANY DOCUMENT AND/OR CORRESPONDENCE FOR OHCHR
SHOULD BE SENT TO REGISTRY@OHCHR.ORG
LATEST STATE PARTY REPORTS RECEIVED
JULY - SEPTEMBER 2014
ASIA AND THE PACIFIC


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014


Jordan CAT 3
rd
periodic report CAT/C/JOR/3 (03/07/2014)

Tunisia CED Initial report CED/C/TUN/1 (25/09/2014)

United Arab Emirates CEDAW
2
nd
-3
rd
periodic report CEDAW/C/ARE/2-3
(11/07/2014)
NORTH AFRICA
AND MIDDLE EAST

20
KINDLY NOTE THAT ANY DOCUMENT AND/OR CORRESPONDENCE FOR OHCHR
SHOULD BE SENT TO REGISTRY@OHCHR.ORG
LATEST STATE PARTY REPORTS RECEIVED
JULY - SEPTEMBER 2014
OHCHR - HUMAN RIGHTS TREATIES DIVISION Newsletter No 19 / Jan. - Feb. - March 2013


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014


Austria CAT 6
th
periodic report CAT/C/AUT/6 (17/07/2014)

Bulgaria CRPD Initial report CRPD/C/BGR/1 (23/07/2014)

Denmark CAT 6
th
-7
th
periodic report CAT/C/DNK/6-7
(29/09/2014)

Georgia CERD 6
th
-8t
h
periodic report CERD/C/GEO/6-8
(03/07/2014)

Iceland CEDAW 7
th
8
th
periodic report CEDAW/C/ISE/7-8
(31/07/2014)

Liechtenstein CAT 4
th
periodic report CAT/C/LIE/4 (30/09/2014)

Poland
Common
Core
Document
HRI/CORE/POL/2014 (19/09/2014)

Portugal
Common
Core
Document
HRI/CORE/PRT/2014 (27/08/2014)

Russian Federation
CRPD Initial report CRPD/C/RUS/1 (09/09/2014)
CEDAW 8
th
periodic report CEDAW/C/RUS/8
(04/08/2014)

CRPD Initial report CRPD/C/SVN/1 (05/08/2014)
Slovenia
CCPR 3
rd
periodic report CCPR/C/SVN/3 (17/07/2014)

Spain
CERD 21
st
-23
rd
periodic report CERD/C/ESP/21-23
(05/08/2014)

Turkey CAT 5
th
periodic report CAT/C/TUR/5 (29/09/2014)
EUROPE, NORTH AMERICA
AND CENTRAL ASIA
LATIN AMERICA
AND THE CARIBBEAN


Antigua and Barbuda
CRC 2
nd
-4
th
periodic report CRC/C/ATG/2-4
(10/07/2014)

Cuba CRPD Initial report CRPD/C/CUB/1 (19/09/2014)

Suriname
Common
Core
Document
HRI/CORE/SUR/2014 (05/09/2014)

21
Treaty body Committee Secretary
Committee on the Elimination of Racial Discrimination (CERD)
cerd@ohchr.org
Ms. Gabriella Habtom
ghabtom@ohchr.org
Committee on Economic, Social and Cultural Rights (CESCR)
cescr@ohchr.org
Ms. Maja Andrijasevic-Boko
mandrijasevic-boko@ohchr.org
Human Rights Committee (HRCttee)
ccpr@ohchr.org
Ms. Kate Fox
kfox@ohchr.org
Committee on the Elimination of Discrimination Against Women (CEDAW)
cedaw@ohchr.org
Mr. Jakob Schneider
jschneider@ohchr.org
Committee against Torture (CAT)
cat@ohchr.org

Mr. Patrice Gillibert
pgillibert@ohchr.org
Subcommittee on Prevention of Torture (SPT)
opcat@ohchr.org

Mr. Joao Nataf
jnataf@ohchr.org
Committee on the Rights of the Child (CRC)
crc@ohchr.org

Ms. Allegra Franchetti
afranchetti@ohchr.org
Committee on Migrant Workers (CMW)
cmw@ohchr.org

Mr. Bradford Smith
bsmith@ohchr.org
Committee on the Rights of Persons with Disabilities (CRPD)
crpd@ohchr.org
Mr. Jorge Araya
jaraya@ohchr.org
Committee on Enforced Disappearances (CED)
ced@ohchr.org

Ms. Maria Giovanna Bianchi
mgbianchi@ohchr.org
Annual meeting of the Treaty Bodies Chairpersons
mc.icm@ohchr.org
Ms. Birgit Van Hout
bvanhout@ohchr.org
Treaty body based communications and urgent actions
petitions@ohchr.org

- Raise awareness with country-based constituencies about upcoming State party reviews by treaty bodies
- Encourage partners to provide information to relevant treaty bodies
- Facilitate and encourage the implementation of treaty body recommendations
HELP THE TREATY BODY SYSTEM
ENGAGE WITH THE HUMAN RIGHTS TREATIES DIVISION !
OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No 18 / Oct. - Nov. - Dec. 2012


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014

22
THIS NEWSLETTER

Is issued on a quarterly basis to provide information about the
work of the treaty bodies
Is available on the treaty bodies webpage on the OHCHR website:
http://www.ohchr.org/EN/HRBodies/Pages/Newsletter.aspx
We welcome your views ! Contact us at: HRTD-newsletter@ohchr.org

TOOLS AND LINKS

Webpage on treaty body strengthening:
http://www2.ohchr.org/English/bodies/HRTD/index.htm
Treaty Body Documentation Database (TBDB): a document management
system that centralizes all documents issued by and submitted to the treaty
bodies http://tbinternet.ohchr.org
Universal Human Rights Index (UHRI): a user-friendly search engine to
access all recommendations from treaty bodies, special procedures and the
Universal Periodic Review (UPR): http://uhri.ohchr.org/
Civil Society Section mailing-list: subscribe to email updates about
human rights treaty bodies and other UN human rights activities:
http://www.ohchr.org/EN/AboutUs/Pages/CivilSociety.aspx

OHCHR ON SOCIAL MEDIA
OHCHR - HUMAN RIGHTS TREATIES DIVISION Newsletter No 18 / Oct. - Nov. - Dec. 2012
CONTACT
HRTD-newsletter@ohchr.org


OHCHR - HUMAN RIGHTS TREATIES DIVISION
Newsletter No. 24 / July - September 2014
Facebook facebook.com/unitednationshumanrights
Twitter twitter.com/unrightswire
YouTube youtube.com/UNOHCHR
Google+ gplus.to/unitednationshumanrights
Storify storify.com/UNrightswire
Flickr flickr.com/photos/unhumanrights
Tumblr united-nations-human-rights.tumblr.com/

You might also like