Inimõiguste komitee lõppjäreldused

Eesti neljas aruanne URo kodaniku- ja poliitiliste õiguste rahvusvahelise pakti täitmise kohta

ÜRo kodaniku- ja poliitiliste õiguste rahvusvaheline pakt (InternationaĮ Covenant on CįvįĮ and PoĮįtįcaļ Rights) jõustus Eesti Vabariigi suhtes 2I ' jaanuarll 1992. aastal..(avaldatud RT II 1995, 10, 11). Vastavalt nimetatud pakti artiklile 40 kohustuvad pakti osalisriigid URo peasekretärile esitama perioodilisi aruandeid paktis tunnustatud õiguste elluviimiseks rakendatud abinõude ja nende õiguste kasutamisel saavutatud progressi kohta. Eestil tuleb esitada neĻas perioodiline aruanne 30. juuliks 2015.

Seoses Eesti neljanda perioodilise aruande koostamisega palume Siseministeeriumi abi pakti artiklite 9, 12, L8, 1.9, 2L1 23r 24 ja 27 rakendamise kohta vastuste andmisel. Samuti palume nende artiklite raames vastata komitee 28. juuli 201,0. a soovituste punktis L1 antud soovituste elluviimise kohta. Sisendi koostamisel palume lähtuda eelmisest, 2009. a komiteele esitatud kolmandast perioodilisest aruandest. Arvestades, et ŪRo peaassamblee 9. aprilli 2014 resolutsiooniga N68l268 on aruannetele esitatavaid nõudeid muudetud, palume vastust koostades olla konkreetsed ia keskenduda üksnes kõige olulisematele muudatustele aruandeperioodil.

Eesti eelmised aruanded ning komitee soovitused on kättesaadavad Välisministeeriumi kodulehel aadressil: http://vm.eeletleesti-aruanded-rv-organisatsioonidele-konventsioonicle-taitmise-kohta-0

Palume Siseministeeriumi vastust hiljemalt 30. jaanuariks 2015.

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Vatķmįnįsteerįum Siseministeerium Pikk 61

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Sama: Haridus- ia Teadusministeerium Justiitsministeerium Kaitseministeerium Keskkonnamini steerium Kultuuriministeerium Rahandusministeerium Sotsiaalministeerium

Lisad: 1) aruannete koostamise üldjuhis 2) peaassamblee resolutsioon N 68 1268 3) kodaniku- ja poliitiliste õiguste rahvusvaheline pakti artikli

koostamise juhis

Nele Holļo (637 7415; neļ[email protected])

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40 alusel esitatava aruande

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15049 Tallinn Registrikood 70002526

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e-kiri: [email protected]

United Nations CCPRycrzooq/r CCPpJcl2oo9ļ1

International Covenant on Civil and Politicaļ Rights

Distr.: General 22 Novernber 2010

Original: English

protection and promotion of hurnan riglrts, as well as infonnation on non-discrimination, equality and eff cįive remedies.

5. As provided at paragraplt 60 of the harmonized guidelines, the lccPR-specific docuļnent should focus on specific issues leļating to tļre implementatįon of the covenant, and should avoid duplication of information already included in the common core docrment. If a State paģ, lrowever, ļras not submitted a common core doculnent, all Ieįevant infonnation tnust be incļuded in tlre ICCPR-specific documenį.

6. Įn alļ cases, the Colilnįttee encourages states to review the general infonnation given by them in tlte common core docuļnent. Ifthat infonnation is found to be insufficięnt, States are encouraged to include relevant additįonal infonnation in the ĮCCPR-specific document and in the next update of the cornmon core document. In accordance with pamgraph 27 of the hannonired guidelines, the committee may requęst tlmį tlre cotil on cole document be updated ifit coŅiden tlrat tļļe infonnation it contains is out ofdate.

7. While general factual information on the overalį frarnework for the protection and promotion of human riglrts, non-discrimination, equality, and effective rernedies should be included in the common core document (HRVGEN/2/Rev.6, chap. I, paras. 40-59), infonnation relating specifically to the implementation of tlre CoYenalrt and tļre reļevant general colilDents ofthe Cornmittee shouĮd be plovided in the ICCPR_Specific document.

8. IfStates refer to įnformation provided in tļre common core doculnent or in any otlrer tĪeaty_specific document, tlrey should indicate precisely tlre relevant pamgraphs in which such infonnatįon is provided.

Format of the document specific to the International Covenant on Civil and Political Rįghts

9. The fonnat of the ĮCCPR-specific dmument (the report) should be in accordance with section II, paragraplrs 19 to 23, of tļre ļrannonized guidelines. Paragraphs slrouļd be numbered sequentially.

Annexes to the report

ļ0. It is important that tlre body of the report contain reļeYant infonĪation on the legal provisions guamnteeing the rights recognized by tļle covenant, as well as tlre rernedies available in relation to those riglļts so as to ensure tlrat tļre leport is clear and comprehensible wįthout Īeference to amexes. Nevertheless, it would be helpful if States provided copies, in one of the working languages of the Committee (cunently Englislr, Frenclr or Spanislt)' of their legislation and oįIrer relevant texts for distribution to aĮl memben oftlre Coļnlnittee to faciĮitate tlre consideration ofthe report.

Preparation of the report įt the national level

l l. The attention of States is drawn to the infomation requiĪements in paragraph 45 of the hamonizd guidelines.

Periodic reporting obligations

|2. Upon ratiįing the CoYenant, every Sįat9 party undertakes to Submit within a year of tlre Covenant's ęntry inįo force for that State an initial report on tire lneasures it ļras

Human Rights Committee

B.I.

A.

Guidelines for the treaŅ-specific document to be submįtted by States parties under article 40 ofthe International Covenant on Civil and Political Rights

Adopted by the Committee at its nįnety_ni įb session (12_30 July 2010) taking into consideration the guidelįįes on a common core document and tĪeāty-specilic documents, as contaįned įn the haĪmonired guidelines on reporting under the įnternatioral human rights treaties (HRI/MC/2006/3 and Corr.l)

The revised reporting system

Organization of information to be included in the common core document and in the treaty-speci{ic document submitted to the Human Rights Committee.

l. Tlre present reporting guidelines under tlre Intemational coYenant on Civiļ and Political Riglrts replace all previous reporting guidelines issued by the Human Riglrts Coįnlnittee (the cotnnittee).ļ

2. These guidelines rnust be applied in conjunction with the harmonized reporting guidelines under intemational hurnan rights treaties, incļuding guidelines on a common core document and treaty-specific docuinents (HRI/GEN/2/Rev.6, chap. I, hereafter the hannonized guidelines).

3. Wlren drafting the docuļnent specific to the Intemational Covenant on Civiį and Political Riglrts (ICCPR_specific docuļnent), States slrouļd cornply witlr the requirelnents and take into account the guidance provided in tļre hamonized guidelines, in particular tļlose conceming: the purpose ofreporting (HRI/GEN/2/ReV.6, clrap. Ī, paras.7_tl), the coļlecįion ofdata and drafting ofreporįS (pams- l2_l5), periodicity (paras. l6-l8), the fofln ofrēports (paras. l9_23), and the content ofĪeports (paras.24-30).

4. States reports submitted according to the hannonized guidelines consist oftwo paĪts: a common core document and tĪeaty_specific documents. The comrnon core document slrouĮd contairr general infonnation about the reporting State, the general framework for tįre

ļ The previous guidelinęs werc adopted at the seve tieth session ofthe Committee (see ccPR/C/66/GUI/Ręv.2 and HRįlGEN/2/Rev.6' chap. III).

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ccPR/c/2009/t ccPR/c/2009/l

enjoyment ofCovenant riglļts by peĪSons withhļ įhe terįtory or subjelt to tlļe jurisdiction of the State.

20. Tlre report slrould provide information on the ļnaclļįnery developed at tļre nationaļ leveļ to ensure foļļow_up to the plevious concluding obsewations, including įrfonnation orr tlre involvement ofcivil society in tlris process (if not already plovided in the comļnon core docuįnent, as requested under paragraplr 46 oftlre lrarmonized guidelines).

2|. Reservatiotrs įnd declarations. Generaį infonnation on reseruations and declarations shouļd bę included in the coļnmolr core documeIrt in accordance with section III, paragaplr 40 (b), of tlre ļrannonized guidelines. ln addition, specific infonnation in respect of reservations and declarations to tlre covenant shouįd be included in the ICCPR- specįfįc report. Any reseruatįon to or declaration relating to any article oftlre Covenant by the state party slrould be explained and its continued maintenance cļarified. In addition, States parties should provide information on any ĪeseruationS oĪ decļarations tļley may have lodged witlr regard Įo siļnilar obįįgatioŅ in otlrer Įļuman lights tręaties.

22. FactoĪs and difliculties. Artįcle 40 of tļre Covenant requires tlrat Īeports indicate the factoļs and difficulties, if any, affecting the impĮelnentation of the covenant. Explanations should be provided regaĪding the nafufe, extent of, and reasons for every suclr factor. Where difficultįes exist, details should be plovided on tįre steps taken to overcoļne them.

C. Optional Protocols

23. Statęs should take full account ofthe guidance provided by tļįe Coļnmittee in its general comment No. 33 (2008) on their obligations under the Optional Protocol to the covenant. Iftlļe staįe parįy has ratified the optional Protocoļ and tlļe Commįttee ļras issued views entailing tįle provision of a remedy under that optionaĮ Protocol, tlre report shouļd include information about tlļe steps taken to provide such a remedy, and regarding how tlre State parry ensures tlrat any sucIr circumstances tlrus crįticįzed do not recur.

24. If a State party that ļras abolislred tĮre dęatļr penalty is not a paĪty to tļle second optional Protocol to tįre Covenant' it is encouraged to indicate factors irnpeding its accession and whether it intends to becoļne a party įn tlre futuįe.

Įv. Guidance and requirements for reporting under specific provisions of the Covenant

25. ln relation to the rights recognized in the Covęnant, tlre'report slrould provide infomation including:

. Whetlrer the State party has adopted a national ffaļĪewolk Įaw, policies and strategies for tlre implementation ofeacļr Covenant riglļt.

. Any rneclranisms in pļace to monįtor progĪess towards tļre full Īealiztion of eaclr righr

. Sufficient disaggegated data and statistics to enabļe tlļe Comļnittęe to assess tļris progress' including tlļe infomatįon required under appendix 3 of tļre lrannonized guidelines regarding indicators for assessing tļre iļnpļementation of lruman riglrts, taking into account tlļe fiamework and tabļes of iļĮustrative indicaįors outlined by the office of tļle United Nations High Commissįoner for Huļnan Rigļļts (HRVMC/2008/3).

ilr.

adopted, which give effect to the dghts recognized in the Covenant and progress made in tlreir enjoyįnent; and tlrereaftęr periodic reports whenever tļre comlnittee so requests (art. 40, pam. l, ofthe Covenant). For subsequent periodic reports, the Cornrnittee has adopted a practice of stating, at tļre end of its concluding obsewations, a dat by whicįr the following pęriodic report slrouļd be subįnitted. states tl t do not comply with their reporting obligations wįļļ becorne subject to the Committee's procedrre, as provided in rule 70 of its rules of procedure, pemittirrg the considention of States' situations in tlre absęncę of a Īeport'

General guidance and requireme ts for reporting under the Covenant

13. The present grride|ines apply to a Statę party's initial report to the Committee, for Staįęs fiom whiclr tįļe Comlnittee lras requested a full periodic report, or foĪ tlrose wishing to submit a full periodic report. The Committee's method for examining all other periodic Īeports is outlined in pamgraph l4 beĮow.

Focused report based on replįes to list ofissues

14. At its ninety-seventļr sessioį in oclober 2009, tļle Comlniftee decided to implement a new procedure, designed to assist States parties in tįle prepamtion of focused reports and to Strengtļren tlreir capacįty to fulfiļ their leporting obligations in a tįnely and effęctive tnanner. According to tlļis pĪocedure, the Coļnļnittee will prepare and adopt įįsts of issues to be transmitted to States parties prior to the submission of a report. The States parties' replies to tļre lists of issuęs will constįtute their subsequent periodic report under articĮe 40 oftlļe Conventioį.

l5. As stated above at paragrapļl 13, this procedure wiļl not be applied to States parties' reporting obligations in their initial report or to a previous Īeport tļrat has already been subrnitted and is awaiting considelatįon by tļre Colilnittee. It will be applied to all periodic reports unįess tļre Comrnitįee decides otļremise or if tļre statę concerned infonns the Comrnittee ofits wįslr to submit a fuļl repoft. In particular, where a filndamental clrange has occmed in the State party's political or legal approach to ensuring the enjoyment of Covenant rights, a fuļl article_by-article report įĪay be required, including infomation on new legal or administrative measures that may Įrave been įntroduced.

į6. States not subject to tlre prmedure described in pamgraplr 14 shouļd foļļow the guidance provided in paragraplrs l 8 to ļ 04 below for preparing the content oftlļeiĪ Īeport.

|7- Reports sļrould adl]ere to section lll, paragraplrs 24 to 26 and 29 of tlre hannonized reporting guideĮines.

Contents of the report

18. Tlįe report slrouļd deal specifically witlr and be sfructuĪed so as to follow every article in parts I, |I and IIļ of tlļe Covenant. Tlre tenns of these articles must, togetļrer witįr gerreral cotnnents issued by tlre coļnļnittee, bę taken into account in prepafing tlļe reporį.

t9. Tlļę staĪting poįnt for preparing all lccPR-specific reports is tįļe Covenant. For reports otlļer than initiaį reports, tlļe otļļer points to be taken into account are; (a) the concluding obseruations of the Comnittee for tlre previous report (pafiicuļarļy concems and recolnnendations); (b) surnrnary records oftļre committee's deliberatiom; and (c) an examination of tlre progress made towards, and tļ]e curent sifuation conceming, the

A.

B.

ccPR_/c/2009/r ccPR./c/2009/l

26. Legal nortns shouļd be described, but description is not sufficient; the facrual situation and tlre practical availabiįity, effect and impįeļnentation of reInedies for vioļation ofeach relevant Covenant rig|rt Sļįouļd be explained and examples provided.

27. State parties shouldmake their reports comprehensive, within applicable page lirnįtations, but focus on tlļe most urgent probletns arising in tlre reporting period. In reporting on particular Covenant rights, the following elements are possible topics for discussion. Though no report can coYęr all these eleļnents, consįderation of these elemenįs may assist a structuĪed discussion oftļre State party's implementation of particular covenant rights. Wren needed, States partįes can Īefer in their lCCPR_specific report to infonnation included in the comtnon corę document.

Article I

28. įn tlļe lighį oftlre provisions ofartįcle t and general comļnent No. l2 (l984) on tlre right to seļf-deteįmination,2 iįdicate:

. In what mamer the right to self-determination has been implemented, and describe the constituįionaļ and political processes wlrich in pracįice aļlow tlre exercise ofthis right.

. Any factors or difficulties preventing the free disposal by peoples of tlļeir naturaļ wealth and ręsources and to wļriclr extent įhis affects theį enjoyment of othęr rights set forįh in the covenant.

. The ways and means by which tįle State parry recognizes and protects the rights of indigenous peoples, if any, to omership of the lands and teritories tlmt tlļey traditionally occupy or use as sources of ļivelilrood.

. Tļre extent to which indigenous and ļocal communities ale duly consulted, and wlretļrer their prior infonned consent is souglrt in any decision_maki g processes affecting their riglrts and interests under tlre covenant; reįevant examples slrould be provided.

Article 2

29. ln the liglļt of the provisions of arįicle 2 and general comment No. 3 l (2004) on thg natuĪe of the general legal obligation irnposed on states parties to tlre Covenant, provide infonnation on:

. How articįe 2 is applied, settiįg out the principal legal lneasures tlmt tįre State party lras taken to gįve ęffect to covenant rights'

. Which judicial, adrninistrative and other cornpetent autltorities have jurisdiction to secure Covenant riglrts.

. Whetlrer the Covenant is incorporated into domestic law in such a manner as to be directly applicable.

2ForallgenereIcommentsadoptedbytheHmanRightscom įįtee,seethecompiįationofgeneraI

comments aįd geneml į commę dations adopted by hu a rights įĪeaįy bodies (HRL/GENIl /Rev.9, Vol. I, chap. ll).

. If not, wļretļler its provisions can be invoked before and given effect to by courts, tribunals and administrative authorities, and provide exarnples ofcases in which the Covenant has been invoked.

. whether the covenant riglrts are guaranteed in the Constitution or otļrer laws and to what extent.

. Wlrether Covęnant rigļrts ļnust be enacted or reflected in domestic law by legislation so as to be enforceable.

. The judicial and otlrer appropriate remedies in place enabling victilĪs to obtain redress in case their Covenant rights have been violated, including infomation on tįļe obstacles to the ęffectiveness ofexisting remedies.

30. Provide infomation about any national or officiaļ instįtution or maclrinery exelcising responsibility in implęmenting Covenant Īights or in Īesponding to complaints of violations ofsuclr riglrts, and give examples oftlręir acįivities in įļris respect.

3l. Indicate whiclr measures lrave been take to raise įevęls of awareness about tlre Covenant among public officįaļs and state agents, in particular tlrrough training ofjudges, lawyers and law enforcement officęfs.

32. Provįde infonnation on the disseInination of informatįon about tlļe Covenant and any remedies enabling individuals to obtain redress in case their Covenant rights have been vioIated. Also provide detaiļs on the dissemination of infonnation abouĮ State party reports to the Human Riglrts coļnmittee and concluding obseryatiom on these Īeports aļĪong tlre popuļation at large.

Articles 2, paragraph 1,3 and26

33. Part 3 of tlre common cole document Slrouļd contain infonnation on non_ discrimination and equality, which are matteĪs of particular interest to the commįttee in relation to seveml provisions of the Covenant, in particular articles 2, paragraph l, 3 and 26. Whereas, howeveĻ informatįon to be included in tlre cornmon coĪe document is of a general nature, infomation included in the lCCPR-specific document should be more detailed, taking into account tļre requests for specific infonnation set out in paragmphs 38 to 4l beļow.

34. staįes sļrouįd provide disaggregated statistical data and endeaYour to analyse this infomation insofar as it is Īelevant to tįre iįnpleį entation of their obĮigations under articles 2, palagraph l,3 and 26, Sucļr infonnation should allow cornparison over time and indicate data sources.

35. In the light of arĮiclęs 2, paragraph I, and 26 as weļl as genęmļ coįnlnent No. į8 (1989) on non-discrirnination, indicate:

. The legislative and administratiYe measures and ręcent couĪt decisions relating to protection against discrimination in ļaw and fact, in any field regulatęd and protected by public authorities, on any ground such as race, colour, sex, language, religion, politicaĮ or otlrer opinion, nationaį or sociaį origin, property, birth or otļļer Status suclr as those identified in tļrc practice oftļre coļnļnittee.

. Tlre discrimination grounds included as well as those excluded frotn nationaļ legislation and the significance ofthe omission ofany discrirnination ground.

. Measures, including any positive measures or aff mativ action, taken to dirninish or elįninate conditions wlriclr cause or lrelp to perpetuate discrirnination proltibited by the Covenant.

ccPR/c/2009/t ccPRļc12009ll

. wlļetļrer cases of discriminatįon wļliclļ ļnay be pmcticed by public authorities, private peĒons or prįvate bodies, have been encountered during tlļe Īeporįing peĪiod, as węll as infonnation about mecļranįsms for ręporting suclr cases and steps taken to elirninate such discrirnination.

36. In the light ofartįcļe 2, paragraph l, and general comlnent No. 15 (1986), indicate the position of aļiens, both in law and practice and, wįren providing infonnation on tlre measures adopted to ensuĪe tlrat tļļe enjoyment ofthe rights enslrined in tlre Covenant takes pļace witļlout any discrilnination prohibited by article 2, paragraplr l, indicate lrow the question ofnātionality is being addressed.

37' In the ļight oftlre provisions ofarticļe 3 and geneml comĪeįt No.28 (2000), provide infomation on tlle situation regarding tļrc equaļ enjoymęnį of CoveMnt rights by men and womeą including tlre actual role ofwomen in society. Indicate aļl legislative and otļrer steps taken to eliļninate stereotypes tļrat discrirninate against women and to put an end to discriminatory actions, botļr in the public and in tļre private sector, which irnpair the equaį enjoyļnent ofriglrts by women and rnen.

38. when reporting under eaclr Covenant riglrt, provide infonnation regarding tlļe enjoyrnent ofthis right by wornen, addressing in particular:

. The proportion of women in positions of responsibility in both tlre public and the priYate sector and tlre measures taken įo promote the representation of womęn in Parļiament and in senior positions in Govemnent as well aS in the pĪivate sector.

. Measures to ensure equal pay for equaĮ work for wot en and men.

. whether the State paĪty ļras adopted legislation whicĮr specifically critninalizes dotnesįic violence and provide infonnation on its scope and content-

. Wļrat measuręs luve beelr taken to ensure tlļat acts of domestic vioįence are effectively invesįigated and pęrpetratos prosecuted and sanctioned.

. otįrer steps taken to conbat domestic vioįence such as tĪaining for judges, prosecutor, poĮice and lrealtlr officem and awareness_raising campaigns for women on tlreir riglrts and available remedies, as weļļ as infomation on tlre number of safe sheļtem and tlre resources aįļocated to tįre assistance ofvictirns ofdomestic violencę.

. Discrirnination in minirnum age of maniage.

. Unequalriglrts in rnaniage.

. Equality in divorce anangernents, including regarding custody ofchildren.

. Scļrooļ attendance by girls.

. Transmission ofnationality to cļrildren.

. Legislation on rape, including spousal rape.

. Measures taken to elirninate traditional practices and custoļns affecting rhe dignity and personaĮ integrity ofwomen and girls.

Article 4

39. ln the liglrt ofarticļe 4 and general comtnent No. 29 (200l), provide infonnation on tļļe date, extent of, effect of, and procedures for imposing and for lifting any derogation under article 4. Full explanations slrould be provided in reļation to every article of tlre Covenant affected by the derogation.

40. DescĪibe the constitutional mecļtanism by wlrich a SĮate of emergency can be

declared in the country, including tlre powere of tļre executive branch under suclr

circuļnstances.

4|. Explain the role ofState autļrorities, such as tnilitary and police, during tlre period of eįnelgency, and specify wlraį tnechanisms are avaįįabĮe to review the exercise of extraordinary powem of such authorities during a period of emergency in a tnanner consistent with tlre requiĪeļĪents oftlļe Covenant.

42. Indicatę whether any statę ofemergency lras been declared during tlre tirĪe span tļre

repoft cover, įlre pĪecise content oftlre ofĪīcial act ofdeclaration, and, as the case įnay be, the act of teminati-on of tļle state of emergency. Aļso indicate whetlrer tļre State party ļras

imrnediately infonned tlre otlļer States parties to tlļe Covenant, tl ough the intennediary of the Secreįary-Generaļ oftļre United Nations, oftļle provisions from wļrįcļr it has derogated

and of ļlre reasons by wlrich it was actuated. Was further comrnunication made, tļrrougļļ tlļe sarne intennediary, on the date on which it teminated such derogation?

43' Also indicate the ļneasures adopted regarding any particuļar Covenant riglļt and,

regarding eaclr derogable riģrt, indicate the scope oį and reasons for, tlre derogation'

44. In additįon, provide infonnation on:

. How the State party ensures tl t its antįtenorism legislation is colnpatible with the

rights guaranteed by the Covenant.

. TįĖ definition ofterrorism under national law, and aIļ derogations from ordinary law wlrich exįst in counter-tenorism legislation.

. Administmtive orjudicial cases in which the measures on counter-tefiorism adopted at tlre national leveĮ punuant to Security Council resolution 1373 (200l) lrave been

applied.

. How the State party protects tlre vaļues of tlre Covenant wlren cornplying with the

sailctions ĪegiļĪe ofthe security Council.

Article 6

45. In tlre light ofdle provisioro ofarticlę 6 and general comment No. 14 (l984) on the riglrį to įife, provįde inforļīation on:

. All measures taken to prevent any arbitrary deprivation of life, įneasures taken to punislr those responsibįe slrouļd it occur, and remedies and coļnpensation to victiļns.

. Cases of extmjudicial executions, investigations caried out and their outcoļre, including for deaths that have occuned during past disturbances, and remedies and coļnpensation for tlre families ofvictims.

. Cases of forced disappeamnces of individuals and actįon taken to prevent disappeamnces, as weļļ as procedures establislred and foļļowed to invęstigate coļnplaints regarding missing penons effectively, especially wlren suclr cornplaints allegedly involve security forces or other public authorities.

46' Provide infomatįon on:

. Rules and regulations goveming tļre use of force and fireanns by tlre poļice and security foĪces and their coInpliancę witlļ tlļe Basic Principles on tlre Use of Force and Fireanns by įaw Enforcement officials.

ccPR/c/2009/r ccPR/c/2009/1

. Wlrether any vįolaįions of tlrese ruIes įtave occuned anrl if so, whetlrer any lives weĪe lost as a resuļt of the excessįve use of force by the rnilitary, the police or any other law enforcement agency.

. Any investigations tlrat lrave bęen canied out to establish the responsibility o{ and to punisIr those found responsibļe for sucļr acts.

. Measures taken to prevent the recu ence offurther abuses,

47. Provide infonnation on:

. Tįre curent siįuation in reļatįon to capitaļ punislment and on any initiatives and plans aiming at fuĪtlrer reducing or totalIy abolislring capital punishment.

. Tlre crimes punisļrable by the death penalty and whetlrer its applicatįon in such cases is lnandatory or not.

. The number of death sentences issued during the reporting period, the number of sentences canied out, the nature ofthe crime, the age, ethnic origin and sex of tltose sentenced to death, the rnethod of execution, the number of sentences commuted or suspended and tįle number ofpersons awaiting execution.

. The situation ofperons under 18 or plegnant woļĪen who luve committed an offence punishable by the death penalty.

. w|riclr courts are colnpetent to impose capital punislunent, tļre procedures to be followed' the possibįlity to appeal a death sentence, and the additional right to seek pardon or cornrnutation of the sente ce.

48. Provide infonnation on:

. Birth rates and pregnancy and childbirth-related deaths ofwomen.

. Measures įaken to lrelp wotnen prevent unwanted pregnancies and to ensure tlrey do not ļrav įo undergo life tļrreatening clandestine abortions.

. Measures to protect women from pĪactices tlrat violatę ļheir right to life, such as fernaļe įnfanticide and so_called lronour killings.

Article 7

49. In the liglį of the provisions of article 7 and general coment No. 20 (|gg2), describe the place accorded to the prohibition of torture and cruel, inhuman or degrading treatļnent in national law, indicating in particular:

. The definition oftorture and cruel, inļļulnan or degįadingtreatļnent'

. Laws regarding torture, crueļ or inlruman punisļment and whetlrer a d to what extenį tlļey constitute a criļĪe.

. The penalties applicable for acts of torture and cruel, inhuman or degrading tleatment, wlļetl r coļnmitted by public officials or otlrcĪ peĪsoŅ acting on belraIfof the state, or by prįvate persons in any teritory under tlļe jurisdiction of the State party.

. whether national law prohibits the usę and admissibility in judicial prmeedings of' stateļnents or confessions obtained tluouglr torture or other prohibited įreatrnent.

. wlrat controI mecįranistns have been instituted įo ensure tlļat peBons arested or detained arę not subjected to torture or ill_treatment.

. Tlre procedures under wIriclr complaints about torture or iļļ-treatment by the poIice, security forces or prison officiaļs can be fiįed and are investigated and prosecuted.

. Wlrether any complaints ļrave been made during the reporting period and lrow aļlegations oftorture or ill-treatment haYe been inYestigated and witlr wlrat results.

. What kind of rernedies, including the right to obtain compemation, is provided by nationaļ law for tlre victiļns of torture and iļl treahnent, as welļ as the procedure whiclr complainants must foļļow. Infonnation slrould be provided on specific cases in which compensation has been obtained durjng the reporting period, including deįaiļs on the nature oftlle colnplaint and compensation granted.

. Įn states using tļre deatļl penalty, infomation otr regulations conceming tįle treatment ofpeBons on death row.

50. Indicate:

. Męasures taken to ensure dissęmination of infonnation to the popuļation at large conceming the prol bition oftorture and cruel, inhuman or degrading treatment.

. Whether the prohibition oftorture and cruel, inhurnan or degrading treatment fof,ns an integral part of tlre operational ruļes and ethical standards of ļaw enforcetnent officials.

. Wrat measur S lrave been taken to tlļat effect, including training and instruction for law enforcement officials on tlre prohibition oftorture and ilĻtreatment.

5 I - Indicate:

. Wlrich measures the State paįy has taken to ensure tlļat it does not extradite, deport, expel or otlreruise remove any person frorn its teritory, where there arc substantial grounds for believing that there is a risk of ineparable hann for the person concerned either įn the country to wlrich removal is to be effected or in any country to which the person may be subsequently removed.

. Whether specific measures lrave been taken to make relevant judicial and adįninistĪative autļrorities aware oftlre need to ensure cornpliance with tlre covenant obļigations in such lnattęrs.

52. Provįde infomation on corectional methods in sclrools and other educational establishrnents, including corporal punislment and the measures taken for its abolition and prohibition.

53. Provide infon ation on įneasures taken to deaį with traditionaļ practices and customs affecįing tlre dignity and pesonal integrity of wornen and girls suclr as femaĮe genįtal lnutilation.

54. ļncļude infomation on laws and practices goveming experimentation on ļtutnan beings and describe existing control mechanisms to veriry that consent įs obtained.

Article I

55. Indicatę what Įegal and otlļer ļĪeasu.es ļrave bęen taken to prevent and coįnbat slavery including contemporary fonns of slavery and alļ other forms of seruitude (such as bonded labour, enforced domesįic work, forced tnaniages, abduction of wonen and children, and all foms of lruman traffīcking). Inforrnation sļrould be provided, where applicable, on:

. Legislation cornbating trafficking and aļl forrns ofservitude'

ccPR_/c/2009/l ccPR/c/2009/1

. Prosecuįion of įraffickers.

. Concretę tnęasures taken to protect and Īeļlabilitate victims oftrafficking.

. Training of all pubļic officiaļs involved in addressing trafficking'

. Measures taken to address the demand for trafficking.

56. Indįcate wlretļrer ļmrd ļabour is used as a measure ofpunislrment under domęstic įaw and wlrat tlļe acįual practice is'

5'1. Describe existing kinds of work or seryice that are an ordinary consequence of a

court order for pemons under detention and for persons under conditional reįease, incįuding ļriring out to prįvate enļerprises.

Artįcle 9

58. In the ļight oftlre provisions ofarticle 9 and general colįment No. 8 (l982) on the riglrt to liberty and security of persons, provide infomation on aĮl deprivations of liberty provided by law or occurring in practice, whether in criminal cases or in other cases such as mentaļ illness, vagrancy, drug addiction, educational purposes or iįnmigration control and on legislation prohibiting, and safeguards against, any fonn ofarbitrary detention.

59. Indicate:

. How soon and under wļut conditions a person is infonned ofthe reasons for his or ļrer anest, ļrow soon lte or sļre can contact a lawyęr and a doctor, and how soon his or her farnily is notified.

. Tlre requirements for placing pemons in poļice custody, the ļength of suclļ custody and tlre rights ofpereons whiļe in police c stody.

. The length ofdetention pending triaļ and any ļnecļraįisms and measues taken witlr a view to reducing įlre duration ofsuclļ detentįon.

. Statistical data on tļre number of persons held in remand and tlreir percentage in reļation to tļ)e entire prison population-

. The dration ofdetention witlrout clrarges foĪ terorisįn suspects.

. Wlrat safęguards exist agairot incornmunįcado detention and abuses of suclr practices, as well as conditions for vįsits wįriļe in detention.

60. Indicate whetlrer a centįal register exists and tlre modalities ofaccęss to tlris register for the persons concerned.

6į. Indicate tlre conditions ofexercise oftlrc riglt to controį by a couft ofthe legality of all fonns ofdeprivation of liberty and on effectįve remedies, including compensation for all persons unlawfully detaiIred, including sįatistics on tlre number of complaints of unļawful detention and their outcome.

62. Provide inforrnaļio on detention in psychiatric hospitals, on measures taken to prevent abuses in this field, on appeals available to pesons intemed in psychiatric instifutions and on tļļe nutnber of complaints registered duĪing the reporting period, as well as įl)e oulcotne of įllese cornplaints.

63. Provide inforlnation on tļre detention of asylum-seeken and inegular mįgĪants, irrcluding th9ir riglrts to legaļ aid, judicial remedies and their riglt to be infomed of the reasons for their detention.

Article l0

64. In the light of the provisions of article l0 and general comrnent No. 2l (t992) on ļlurnane treatļnent ofpemons deprived oftheir ļiberty, provide informatiorr on:

. Nationaļ legisļative and adļninistratįve provisions regarding the treatlnent of all persons deprived of liberty.

. The concrete rnęasuĪes that Įļavę been taken by the coļnpetent autl)orities to ļnonitor tļļe effecįįve applįcation ofrules regarding tlļe tĪeatment ofPemons deprived oftheir liberty.

. Tļļe system for supenising penitentiary establislrrnents and Ineasures to reļnedy specific problems sucļr as overcrowding, inadequate or obsolete infĪastructure, ļack ofsanitary conditions, disease, įnaļnutrition and vioĮence between prisonem.

. How irnpartiaį supewision, independent inspections of detention centres, and the

availability and accessibility ofcornplaints tnechanisms for detainees aĪe ensuĪed.

. Wlrether the various applicable provisions fonn aįr integral part of tlĪe instruction and training of the persomel who have autliority over penons deprived of their liberty and wįletlrer they are strįctly adhered to by suclr personneĮ.

. Wlretlrer arested or detained persons have access to sucļr infonnation and have effective Įegal rneans enabling tlreļĪ to ensure tlrat tļ]ose rules are respected, to complain if the rules are not respected, and to obtain adequate compemation in tļre event ofa vioļation.

. The įreatļĪent of accused juvenile pelsons and ofjuvenile offenders' including tlre

age groups ofpesoįs treated asjuveniles.

. Wlręther juveniles are separated frorn adults and aļļ tneasures and detention conditions specific to tļrem regarding education, reduced working ltours and contact wįth relatives.

65. Indicate to wlrat ęXtent dļe state party is appĮying the following United Nations standards applicable to tlre treatļĪent ofprisonere;

. Standard Minirnurn Rules for tļre Treahnent of PĪisonen (l957)

. BodyofPrinciplesfortheProįectionofAlįPemonsunderAnyFonnofDetentionor lmprisonment (1988)

. Code of Conduct for [aw Enforcement officiaļs ( l 979)

. Principles of Medical Ethįcs felevant to the Role of Healtlr Peronnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and otļler cruel, Inlluman or Degrading Treatįnent or Punislrment

. Uniled Nations Standard Minįl rn Rules fortlre Adrninistration ofJuveniĮe Justice

66. Provide infonnation on tlre operatįon of tlre penitentiary systeļn in the State party, including:

. The disciplinary systeļn in place in penitentiary establislrments, solitary confineļnent and high-secuity detention, and conditions under which prisonem have contacį witļr the outside world.

. How the sepamtion of accused persons fĪoln convicted persons iS effected.

. How tlre treatment ofaccused peŅons diffes from that ofconvicted persons.

ccPR/c/2009/l ccPR/c/2009n

67. Specify tlre legislative, adļninistrative and practical measures taken to eŅure the rehabįIitation of convicted pereons, including measures taken to proYide tlrern with education, vocatįonal training and guidance. Infonnation on work programtnes for prisoners sltould be įncļuded, as welļ as wlretlrer a system of assistance to prisoners after their release is in place, and its results.

68. Provide infonnation on the tįeatment oftlte elderly in long_tenn care homes as weļI as on tļre protection of patients against abuse in residential ļļeaļth įnstitutions, in parįicuļaĪ those dealing with ļnenįaI ļrealtlr.

69. Provide inforrnation on deįention conditions for asyluIn-seekers and iregular mįgrants, including their separation froįn otlrer detainees.

Article ll

70. Provide infortnation on legislation prohibiting irnprisorulent for failure to fulfiį a contractuaļ obligation and whetlrer non-cornpliance witlr a court ordeĪ to filļfil a contractuaļ obligation has resulted in a deprivation ofliberty.

Article 12

'1l. In the liglrt oftlre provisions ofarticle ļ2 and general comment No.27 (1999), provide infomation on the laws and adļninistraįive and judicial pĪactices reįatįng to the right to rnove fteely within the tenitory ofthe State md to choose one's place ofresidence, as welļ as tlre freedotn to Įeave tlre country and the right to enter one's country, including information on remedies availabįe if these rights are lestricted. In particular, include infonnation on:

. Any requirements for the registration of pemons and fonnalities or conditions goveming tlre registmtion ofa peron as a resident in a particular aĪea.

. Controļs irnposed on travelling penons and restįictions regarding access to certain aręas or conditions or lilnitations governing tlre ļnoYeįĪenį of pesons within tļļe country, įncluding tļre įnovement ofnon-citizens, in particular asylum-seeken.

. All legal and practical restrictions on the riglļt to leave the country, applied to nationals and/or foreignem.

. Conditions for tlre issuance of tmvel documents, incļuding Statistics regarding the nurnber of applications submitted for travel; the percentage of applications tumed dom; reasons for the refusaļ of documents during tlre reporting period; conditions allowing for the withdrawal ofa person's passpoĪt; and requirements ofexit vism.

. Any treatment of aliem different froįĪ that accorded to natiomls and how this difference of treatįnent is justified.

. Measures įlįaį impose sanctions on intemational caniers wlriclr bring to the teritory of tlre State persons witįlout required documents, wlrere those ļįeasures affect the riglrt to leave anotlrer counįry.

. Any tneasures ofbanislĮnent ofcitizens under naįional law, wlrether such measures lrave been appĮied and, įfso, utrdęr wlrat circuļnstances.

Article l3

72. In the ligļlt ofthe provisions ofarticļe 13 and general comļnent No. 15 (į986)' provide infonnation on:

. The requirements for tlre adrnission of non_citizens, in particuĮar asylum-seekers, to tlļe tenitory ofthe State.

. Tļre ļaws and practice conceming the mandated departur of non-citizens from tlre

teritory of the State, the grounds for expulsion and tlre procedures įeading to it, including tlrose for reaching a decision on the legality or ilĮegality ofa person's stay in the country; information should include statistics on tlļe number oį and reasons

for, expulsions during the reporting period.

. The avaiļability of remedies agaįnst expulsion and wļretĮrer or not tlrey have a

suspemive effect. AIso indicate wļļether persons concemed lrave access to legal assistance.

. The situation of intemaļly displaced peĪsons, if any, and in particular on steps taken to ensure adequate conditions for tlreir ĪeĮum aild to address tlre specific needs of intemally displaced persons, in particular their personal security, freedorn of ļnovement, and access to personal docuInents enabling theįn to sęęk eļnployļnent as

well as enjoy access to education, hcalth and social services.

Artįcle 14

'13. In the light ofthe provisions ofarticle l4 and general cornment No. 32 (2007) on the

riglļt to equalįty before courįs and trįbunals and to a fair trial, provide an arcount of tįļę legislative or otlrer ļneasures taken to ensure full irnplernentation of arįicle 14, including infomation on:

. TIre organįzation of tlre judiciary, tlre procedure for appointing judges and qualifications required by them, and statistical infonnation on the representation of women and etlmic minorities in the judiciary.

. Rules goveming tlļeir Status and guamntees foI tįleir security of tenure until tlļe mandatory retiĪement age or tļre expiry oftįleir tenn of office.

. Conditions goveming their rernuneration, promotion, traffifeĻ suspension, disrnissaį or any disciplinary rĪeasures' and cessation of their functions. Infonnatįon sļro ld incĮude any cases of sanctions irnposed for comption.

. Tlre organįzation and functioning ofthe Bar.

. Tlre existence ofextraordinary courts alongside the Īegular couĪts, such as special or military couĪts and tlreir competencies, including circumstances under wļriclr sucļl courts can įry civiįians.

. The existence of courts based on customary law or religious courts and their competencies, including inforrnation on their practices.

74. lndicate whiclļ guarante s exist not onĮy in law but also in practice witlr regard to:

. The right of all persons to a fair and public hearing, including rules and practices for the pubįicity oftrials andjudgements as weļl as rules goveming the admission ofthe public and media (locaļ and intemationaļ) into courtroorns.

. The right to be presumed imocent until proven guiįty according to law.

ccPR/c/2009/1 ccPR/c/2009/r

. Tlre right ofall pemons charged witlr a crirninaļ offencę to be įnfonned promptly in a language tįrey understand of the nature and cause of criminal charges brouglrt against thern.

. The right to legal assistance of one's own choosing, inclrrding ftee legal assistance for indigent defendants, wlretįrer nationals or non-citizens, and the right to comĪunicate freely witlr counsel.

. The availability of fĪee interpretęrs during the pretrial and tliaį phases.

. The right ofthe accused to be tried without undue delay. In this regard, infonnation on delays in pmctice sįrouįd be provided. Rules goveming triaļs in absentia slļould also be described.

. Access to documents and otļrer evidence as well as rules goveming tlre examination ofwitnesses.

. The right to have one's conviction and sentence reviewed by a higher tribunal and measures taken to ensure awareness ofihis right forpenons concemed,

. Granting ofcoļnpensation ilr cases ofrniscariage ofjustice.

. Respect for the principle of ne bįS įn įdeįn.

Article l5

'l5. Indicate in particular wļretļler tļre principle of non-retroactive jurisdiction is contained irr dornestic law and provide tlre coļnmittee witļr inforrnation on iļs exact formulation.

16. Specify wlrether tlre principle of non-retroactive jurisdiction is acfualįy applied not only ir ordinary crirninal law but also in rnilitary crirninal codes both in peacetime and in tirne of war.

7'1. Provide inforrnation on:

. The legislation and application of tlre principle according to wļrich tlre offender benefits from laws tlrat are passed after the colilnission ofthe crime and that impose lesser penalties tlran tlre law applicable at tlre timę ofįlre commission oftlre crirne.

. situātions in wlriclr the cha ge in tlļe law occum during the trial.

. Situations in which the offender has already been convicted and is sewing a senteįce based on an oĮder, less favourable law.

Article l6

'18. Provide infonnation on the rnoment at which legal pesonality is acquted under the law, and as regards regulations goverįing the definition of legal pereonality in national law.

79. Provide infomation on ruļes conceming birtlr reģstration of aĮĮ clrildren bom on the te itory oftļre state pafty and access to personaļ identity docuļnents fol aļļ.

Artįcle 17

80. įn thę light oftlre provisions ofarticle 17 and general comļnent No. t6 (ļ988), indicate thę ļaws and regulations tļļat govem interferences witlr private life and the precise

circumsta ces in wlrich such interferences ntay be pertnitted. Iļr particular, provide infonnation on:

. Tļr autļrorities and organs cotnpetent to autļlorize any possible interlerence and tļrcse tļlat are entitļed to exercise control over suclt intetferencę.

. The remedies available to individuals wishing to cotnplain of a vįolation of their rights under article 17.

. The complaints lodged during the reporting period and their outcome.

. The practicaļ steps taken, including instructions given to poļice or otlręr autlroritięs to prevent future violations, in particular those that resulted fiom arbitrary behaviour ofpublic officials.

8l . Speciį the rules goveming:

. Surveiļlance, eļecįronic or otįreruise. and tįle interception ofteļepļronic, teļegraphic or otlrer fonns ofcommunication, wire_tapping and tlļe Ī cording ofconvexatįoļļs.

. Searches of a person's home.

. Pe onaį and body searclres by State officials.

. Tlre gatlrering and holding of pemonal i fonnation' including genętic data, oļr compute$, databanļs or otļler devices, whether by public authorities or private individuals or bodies, as well as the possibility for individuals to ascertain wļrat penonal data conceming lrim or ļrer is stored and for wlrat purpose, and the right to Īequest rectification or elįmination ofsuc|r data.

82. Indicate legislative provisions protecting individuaįs from unļawfuļ attacks to personal honour or reputation as well as detaiļs on their pmctical itnplernentation and access to arr effective remedy for victitns of unlawfuĮ attacks.

Article 18

83. In tļre ļight ofthe provisions of article l 8 and generaĮ comlneįrt No' 22 ( l 993) on the right to freedoIn ofthouglrt, conscience and religion, provide įnfonnation on:

. The ęxistęncę ofdifferent religions witįlin the State party'sjurisdiction.

. The publication and circuļation ofreĮigious rnateriaĮ.

. The tneasures taker to prevent and to punish offences against the free exercise of one's religion.

. In cases where a Statę religion exists, how a person's fieedom to practice another reļigion, to conYeft to another r9ligion, or not to have a religion is guaranteed and oį how tlre appįication of the principle of non-discritnination on religious grounds is ensured,

. Any procedures that ļnust be folĮowed for the legal recognition and authoriation of various religious denominations in the country and their practical application, including inforrnation on any refusal ofrecognition that įnight lrave occured during the repoding period.

. The rnain stafus differęnces between the dorninant religion and other denominations, in particulaĪ witlt regard to the gĪanting of subsidies and tlre prctection oį and access to, places ofwonlrip' in particuļar for tļļose belonging to religious minorities'

į6

ccPR/c/2009/r ccPR/c/2009/l

. The legal regulation and the practice of religious education, in particular where religion is taugļ in State sclrools, tlre possibility for children not to attend religious classes and how tIre riglrt of parents įo ensure the religious education of their children in confonnity with their own convictions is guamnteed.

. Tlre fiscal provisions applicable to reliģons.

84. AĮso provide infonnatiotr on:

. The status and ļegal position ofcoįscientious objectors.

. The nurnber of pemons Įhat applied for tlļe status oi and those tlļat were actually recognized as, conscientious objectors.

. T|re reasons considered to justiį conscientious objection and tļle rights and duties of conscientious objectore as compared to tļļose of persons wlro serye in the regular rnilitary sewice.

Article 19

85. As far as the right to hoļd opinions is concemed, indicate the measures adopted by įļre State party to ensure tļrat no interference takes place' and that in particular the holdinģ of political opinions is not used by public autlrorities as a reason to discrirninare against ā peBon or as a ground to restrict a person's freedom.

86. As regards freedorn ofexpression, provide infonnation on:

. All aspects ofcirculating infonnation in any fonn and through any rnedia, including lntemet and Intemet seruice providers.

. The legal Īegiļne tļrat reguļates the ownemhip anrl licensing of the press and the broadcasting rnedia, as well as statistics on tļre existence of non_State controlled media.

. Any incidents of vioļence or tļueats of violence against joumalists, investigations Gonducted into suclr cases and their resuļts.

. The controls exercised with regard to the freedoļn ofexpression in general and any cases ofpersons anested or detained because ofthe expression ofpolitical views.

. The reasons for granting or for refusing a media license and any controls imposed by public authorities upon the press, other media and the activities ofjoumalists.

. Access of foreign joumalists to infonnation, the circulation of irnported foreign newspapers and periodicals, and the reasons why their circulation may be restricted or prohibited.

. Legislation on libel and defarnation and exarnples of its application.

87 . Provide infonnaįion on any legal limitations imposed on freedom of expression and justifications for those ļimitations.

Article 20

88. Provide i formation on legislative rneasures prohibiting propaganda for war.

89. Provide įrfonnation on legislative measures taken to prohibit advocacy of national, religious or racial hatred that constitutes inciteļnent to discrirnination, hostility or violence,

and statę tļļe cases, if any, in wlriclr sucļt legislation lras been applied durirrg tlre reporting period.

Article 21

90. Provide information on;

. Measures to guarantee the right ofpeaceful assernbly and to emure tlrę protection of persons who lrold assemblies, meet to demonstrate, meet to discuss in public their views, or rnanifest any opinion.

. Any requirements to obtain tļre autlrorization of public autlrorities to hold an assembly, tļre proceduĪes to be folļowed and ļlre conditįons to be fulfiļled to obtain suclr an autįroriation.

. Legislative restrictions placed upon the right ofpeaceful assernbĮy, including criteria for prohibiting an assembly, as well as any cases recorded during the reporting period wlrere tĮre holding ofan assernbly was prolribited, and tlre reasons invoked.

. Tlre iŅįructions giYen to pubįic officials, in particuļar police officials, and tlreir attitude towards public assernblies' as weļI as statistics regarding any registered allegations tlrat violence was used against peacefuį and unanned demonstratoB, whetlļer suclr aļįegations were investigated, and the eventuaļ results of sucļr investigations.

Article 22

91. Indicate the procedures that regulate the fomation of associations, in particular groups working for the promotion of hurnan riglrts, political parties and trade uniom, where and in what instances an autlrorization must be obtained to establish tlrem, and the controļs exercised by public autļļorities over their activities.

92. In particular, provide f.rll infomation about:

. Any controls or restrictįons imposed on tļre establishment and activities ofpoliticaļ parties, trade unions and associations, as weļl as penalties imposed, if any, on membem of prohibited or8aniZaįions.

. Thę number of political parties, trade unions and associations, in parĮicular human rights groups, in dre State concemed.

. wlļether the registration of any of the parties, trade unions or associations was ģected during the reporting period, tlre reasons for prolribiting their establislrrnent, the possibility to appeal against a ģected application, and th outcome ofappeals, if any, regarding suclr cases.

93. Regarding associations, in particular groups working for the promotion of lļuman riglrts, provide infonnation on rneasures taken to promote thęsę associations and to ęnsure that they can operate freely, also rnentioning any financįaļ support granted by tlre State to such associatioŅ.

94. Provide infonnation on:

. Tlre organiztionaį strucįure and size oftrade unions, and tlre percentage ofthe total workforce belonging to a trade union.

ccPRJC1200911 ccPR/c/2009/l

. Any restĪictions concerning trade unions in particular sectoŅ or regarding cefiain categofies of workers, suclļ as ļnigrant workers, and wlretlįer trade union rights incļude the rigļlt to strike.

. TIre regulation of this right, as weļl as any measules taken to ensuĪe tlre fĪee exercise oftrade union rights.

Article 23

95. In tlre liglrt ofthe provisions ofarticļe 23 and general cotnment No. 19 (l990) on the protection of tlre family, the right to maniage and equaįity of tlre spouses, provide infonnation on:

. The treatļnent of tnen and wotnęn witļt regard to rnariage, įo tlre minimum rnariageable age and to any consequences resuiting from maniage, such as the nationality of spouses, and the rights and duties between tlļe spouses and towards their children.

. Rights and responsibilities of spouses, including cļroice of residence, running of the household, education ofthe clrildren and administmtion ofassets.

. Thę treatļnent of requests for divorce, the granting of a divorce, child custody and visiting rights, in particular with regard to non-discriminatįo between men and woįnen.

. How tlre necęssary protection ofany children bom in or out ofwedĮock is ensured in case of dissolution of maniage, and with regard to the paramount interest of the cįtild.

. Rules concęming acquisition or loss ofnationaliįy.by reason ofInariage-

. Measures taken to ensure the effective protection of the family, including a family fonned by a pennanent coļrabitation ofpartners witlļout fonnal maniage.

. Rules goveming family reunification.

. Polygamy and forced maniages.

Article 24

96. In the ligļlt ofthe provisions ofarįicļe 24 and general cotnment No. ļ7 (l989) on the rights of the child, indicate how legislation and practice ensure that all children on the teritory ofthe State enjoy:

. The right to be registered immediately after birth.

. The rightto have a nalne.

. Tlre right to acquire a naįionality.

97. Include infonnation on:

. The age at wļrįcļr chiļdren attain thęir įnajority įn civil mattem.

. Rules governing juvenile justice, including infon ation on thę miniļnum age below which chiļdren andjuveniles slrall not be put on trial for criminaį offences.

. The age at wļricļr a c|riļd is considered an adult for tįļe purposes of articļe l0, paragraplrs 2 and 3, ofthe Covenant.

98. [ndicate tlre lneasures taken by tļle state party to ensrre that chiļdrcn arc protected,

in particular:

. How legislation and practįce ensure that tneasures of protection are aiured at rernoving all discrhnination in every field, including inheritance, particularly as betweerr clrildren wļro are natiomĮs and tlrose who are non-citizens, and as between chiļdren born witļrin or outside maniage.

. Special tneasures ofprotection taken to protect children who are deprived oftheir falnįįy environļnent.

. MeasuĪęs ofprotection against trafficking.

. Measures to elįninate child labour and economic expļoitation of cļrildren. Infonnation shouļd be provided on tlre age at wįticlt a clrild is legally entitled to work and at which lte or slre is treated as an adult under labouĪ ļaw.

Article 25

99. In the light oftlre provisions ofarticle 25 and general comment No. 25 (ļ996) on the right Įo participaįe in public affais, voting rigļrts and the right of equal access to public sewice, provide informaįion on:

. Tlre legal provisions tlįat define citizenship in tlre context ofthe rights protected in ari|c|ę 25 '

. Whether any groups, such as pemanent residents, enjoy these rights on a limited basis.

. Any conditions which apply įr tlre exercįse of the rįghts pĪoįected by article 25, including gounds invoked for the suspension of tļ)ose riglrts or tlre exclusion of citizens from their enjoyment.

l00. Provi<ļe information on:

. TIre eįectoraį systen and tļre measures adopted to guarantee genuine free and periodic elections.

. Tļre pmctical impįetnentation of tļrese guamnteęs in the period covered by tįļe report.

į0l. Provįde information on:

. The rules goveming the right to vote and the application of those rules during the

reporting perįod.

. Tlre factors wlriclr irnpede citįens frorn exelcįSing their right to vote, sucļl as illiteracy, language barie6, povęrty or impediment to tlļe lieedoįn of moYeInent of votere, as welļ as measures adopted to overcome these factors.

. The legisļative provisions depriving citizens of their Īiglrt to vote.

. Any restrįctįons on the right to stand for election, including tlre legislative provisions excluding any group or category of person from elęctive office, and gromds for tlre reInovaį ofeļected office lroldęrs.

. Tlre įegal provisions which establislr tlre conditions for holding elective public ofiīce, including conditions for nomitration, suclr as age ļimits and any otlrer qualifications or restrictįons wļļich apply to particular officęs.

l02. Indicate tļre conditions for accęss to public seruice positions' any lestrictįons wļricļl apply and tlre processes for appointlnent, proļnotionj suspension and disrnissal or rernoval

19

ccPR/c/2009/t

from office as weļl as įhe judicial of oįlrer Īeview meģhanisms which apply to these processes.

l03. Jndicate how tlle r quirelĪįęnt for equaĮ aecess įo pubļic sewice is met and whether positive measres lrave been introduced and if so, to wlrat extent and with whaį lesults.

AĖlcļe 2?

l04. In the light ofthē provisions ofarticļe 27 and glneĪāl cornment NÕ. 23 (lg94) oį the rights ofminoriiies, provide infonnation on:

. lVhich et|mic, religious or linguistic minorities fl(ist on the terįtory ofthe stįte party, including indigenorrs colnrnunities constitĮļting a minority and minorįties cį]įŠrituted ofnon-citize ą suqh as rnigrant workers.

. Which measures' including positive measures of protiection, lrave been taļGļr to ęnsure tlĖt membe of such minorįties enjoy tlre right, in corrrrnunity with othe, tnetnbers of their group, to tlrėif own cuįture, to profess and pmctice tlreir own religion, and to use their oļyn language.

. Whicļr measures have been tākeį to ensufe thāt indigenous peopleg presgnt on the territory ofthe State party can exercise theļr culfural rights and leacl'theirparticular way of life which Īnay bę associated with įh& use of ląnd tesorrrces and traditio al activities sucļrąs fishing or lrunting

. Wlriclr measuręs lmve been taken to ensure the effģctive participation of members of mįnority ģommunitięs irr decisiols that affect them.

. whetlįeĻ and in whieh įumbefs, ļįembers of mirrority groupŠ aĪe reprģsęnted in eentrāl-ārtd local govęmmeil..and hold ęĮective officaą paftiģipat9 in the conduct of public afairs and have access to public service.

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compliments to ą1l Pmmanegt anā obsęrvur ūii{irns įu.tl' ūoitJff tions ofiice in Genova gnd has the houour !g rgģ tā r.wõJution AįrāSį68/218 ,o.f the {Jnitetį.Nations

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. earįorsed'by fhe t'ea1y boģies [',.]" (paragapĻ.1Q. This proyision'ņplięs to.the'nįįe hoaŲbodies of thesystentĻąthave niņoitrĻprcįedurą -

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.rcqnested to' submit doiumentatitin įolthe hrman riņts tĖaty įodięs wįtbjn &; p..resoribed woid ]įrnitģ. Please note tLai only doģwneņti suķmitted i" ūil;ft Īįr;ri fomrat cņübe dėcapts. ..' .: -_i " ---

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F pT. a state parŅ dooumeņf exceeds the estabtishgd worģ1irņit (oį ķ ņot. sĮrbtritte.į iir.Mierosoft IMord.forrinŅ, įlre.Unitļ{ Natipns willIrave io reium it ļa 1he Staio paiŲ. for sįorteļriņq and/9r ro-formattĮng, Howevern Statei pa.rfy doįrrmsntaHoį {eceived prļor to Ņq Note VerĪraĮe ruill continue to ue processea ķ suķĪnitt..t,

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UNlĪED NATIONS

HRI/MC/2006/3 Page2

HRI TABLE OF CONTENTS

page

HARMONIZED GUIDELĮNES oN REPoRTING To THE INTERNATIONAL HUMAN RIGHTS TREATY BODIES ..............,......3

Purpose ofguidelines .................. 3

I. THE REPORTING PROCESS ..............................4 Purpose of1eporting................. ............................ 4 Collection ofdata and drafting ofreports.......... .............................. 5 Periodicity........ ............................. 6

ĪL THE FoRM oF REPORTS. ..............'..................6

III. THE CONTENT OF REPORTS,

FIRST PART OF REPORTS: THE COMMON CORE DOCUMENT........................8 l. General inforrnation about the reporting State ........... ......................8

A. Dernographic, economic, social and cultural characteristics of the State............ 8 B. Constitutional, political and legal structure ofthe State...................................... 9

2. General framework forthe protection and promotion of human rights ....................9 C. Acceptance of international human dghts nonns ................................................ 9 D. Legal framework for the protection of human įights at the national level........ l0 E. Framework within which hurnan rights ate ptomoted at the nationaļ level....... 11

F. Reporting process at the national level ........... 13

G. Other related hurnan lights infonnation ......... 13

3. Information on non-discrirnination and equality and effectivererredies................ l4 Non-dįscrįmination and equaĮity ......................... 14 Effective remedįes.....'.... ............ ļ5

SECOND PART OF REPORTS : THE TREATY-SPECIFIC DOCUMENT............. I 5

APPENDIX 1 Mandate of fieaŅ bodies to l'equest feports from States parties.'.......l6

APPENDIX 2 Paftial list of major intemational conventions relating to issues of human rights.... .. .......... ............... ..20

A. Main intemational human rights convęntions and protocols...............-.. .....'....20 B. Other United Nations human rights and related conventions............................ 20 C. Conventions of the International Įabou'organization...........................'......... 20 D. Conventions of the United Nations Educational, Scientific and Cultural Organization ...............................21 E. Conventions of the Hague Conference on Private International Law ..-............21 F. Geneva Conventions and other treaties on intefnationaļ humanitarian law '....'.22

APPENDIX 3 Indicators for assessing the irnplernentation of hulnan rights..............23

Distr'. GENERAL

HRI/MC|2006/3 l0 May 2006

@ fĮffiį'*ļ,ļ|" Orisinal: ENGLISH

Fifth Inter'-Colmnittee Meeting of the hurnan rights treaty bodies, Geneva, 19-2l Junę2006

Eighteenth rneeting of chairpersons of the human rights treaty bodies Geneva,22-23 J:une2006

Ilarmonized guidelines on reporting under the international human rights treaties, including guidelines on a common core document and

treaty-specific documents

Report of the lnter-Committee Technical Working Group

The present document pįesents draft harrnonized guidelines on reporting under interrrational human r'ights treaties pl'epaįed by the Inter-Committee Technįcal Working Group established by the fourth inter-committee meeting and the seventeenth meeting of chaitpersons of human rights treaty bodięs. The Inter.-Cornrnittee Technical Working Group rnet at the Office of the High Commissioner for Human Rights frorn 8 to 9 Decernber2005 and 15 to l7 February2006.

G8.06-41942

HRVMCt2006/3 page 3

HARMONIZED GUIDELINES ON REPORTING TO THE INTERNATIONAL HUMAN RIGHTS TREATY MONITORTNG BODIES

Purpose of guidelines

1. These guidelines are intended to guide States parties in fulfilling theil reporting obligations under:

_ Ar1icle 40 ofthe Internationaļ Covęnant on Civil and Poļitical Rights, reporting to the Human Rights Cornrnittee (CCPR);

_ Articles Į6 and I1 of tlre Intemational Covenant on Econornic, Social and Cultulal Rights, reporting to the Cornmittee on Econornic, Social and Cultural Rights (CESCR);

- A1icle 9 of the Įnterrrational Convention on the Elimination of Al1 Forrns of Racial Disclimination, reporting to the Comrnittee on the Elimination of Racial Disclimination (CERD);

- Arlicle 18 of the Convention on the Elirnination of All Forms of Discrimination against Women, repolting to the Cornmittee on the Elimination of Discrirnination Against Women (CEDAW);

_ Aticle ļ9 of the Convention Against Tofture and other Cruel, Inhuman or Degrading Treatlnent and Punishrnent, reporling to the Committee Against To(ure (CAT);

- Article 44 of the Convention on the Rights of the Child, reporting to the Cornmittee on the Rights of the Child (CRC);

_ Aļticle 73 of tlre Intemational Convention on the Protection of the Rights of All Miglant Workers and Members of Their Families, reporting to the Committee on Migrant Workers (CMW).

These guidelines do not apply to initial reports prepared by States under article 8 ofthe Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and article 12 ofthe Optional Protocol to the Convention on tlre Rights of the Child on the Sale of clrildren, child prostitution and child pomogĪaphy, although States may wish to consider the infonnation provided in those reports when preparing their reports for the treaty bodies.

2. States parlies to each of these human rights treaties undertake, in accordance with the pl'ovisions (reproduced in Appendix 1), to submit to the relevant treaty body initial and periodic reports on the measures, including legislative, judicial, adrninistrative or othel reasures, which they have adopted in order to achieve the enjoyment ofthe rights recognized in the treaty.

3. Repofis presented in accordance with the present hamonized guidelines will enabļe each tt'eaty body and State party to obtaiį a complete picture of the implementation of the relevant treaties, set within the wider context of the State's international human įights obligations, and provide a unifoįm framewor* within which each cornrnittee, in collaboration with the other tleaty bodies, can work.

HRUMC/2006/3 Page4

4. The harmonized guidelines aim at sh'engthening the capacity of States to fulfil their reporting obligations in a tirnely and ęffective lnannel', including tlre avoidance of unnecessary duplication of infolnation. They also airn at irnploving the effectiveness of the heaty lnonitoįing system by:

(a) Facilitating a consįstent apploaclr by all cornrnittees in considering the Ieports presented to them;

(b) Helping each comļnittee to consider tļre situation regarding lrurnan riglrts in every State palty on an equal basis; and

(c) Reducing the need for a committee to request suppletnentaty infounation before considering a repoft.

5. Where consideled appropriate, and in accoldance with the plovisions of their respective treaties, each treaty body may request additional inforrnation frorn States par1ies for' the pulposę of fulfilling its rnandate to leview tlre implernentation of tlre treaty.

6. The harrnonized guidelines are divided into three sectioĪls. Sections I and II apply to all reports being prepared fol subrnission to any of the treaty bodies, and offer generzl guidance on the recommended approach to the reporting process and the recommended forrn of repolts, respectively. Section III provides guidance to States pafties on the contents of reporls, ie., the common core document to be subrnitted to all treaty bodies and the eaty-specific document to be submitted to each treaty body.

I, THEREPORTINGPROCESS

Purpose of reporting

'1. The reporting systern as described in these guidelines is intended to provide a coherent framework within which States can meet their reporting obligations under all ofthe international hurnan rights treaties to which they are a palty tlnough a coordinated and stręarrrlined process.

Commįtment to treatįeS

8. The repolting process constitutes an essential element in the continuing commitment of a State to įespect, protect and fulfil the rights set out in thę treaties to which it is party. This cornrnitrnent should be viewed within the wider context of the obligation of all States to prorįote respect for the riglrts and freedorns' set out in the Universal Declaration of Human Rights and international hurnan rights instru rents, by measures, national and intemational, to secure their universal and effective recognition and observance.

Review of the impĮementation of human rights aĮ the narįonąĮ Įeveļ

9. States pafties should see the ptocess of preparing their repofis fol tlre tįeaty bodies not only as an aspect of the fulfilrnent of tlręir intenrational obligations, but also

HRĮ/MC/2006/3 Page 5

as an opportunity to take stock of the state of human rights protection within their jurisdiction for the purpose of policy planning and irnplementation. The report prepalation process thus offers an occasion for each State party to:

(a) Conduct a cornprehensive review ofthe rneasures it has taken to harrnonize national law and policy with the provisions of the relevant intemational hurnan rights tįeaties to which it is a party;

(b) Monitor progress made in prornoting the enjoyment of the rights set forth in the treaties in the context of the promotion of human rights in general;

(c) Identify ploblems and shortcornings in its app,oach to the irnplementation ofthe treatięs; and

(d) Plan and develop appropriate policies to achieve these goals.

10. The reporting process should encouįage and facilitate, at the national level, public scrutiny of govemment policies and constructive eįgagement with relevant actors of civil society conducted in a spirit of cooperation and mutual respect, with the airn of advancing the enjoyment by all of the rights protected by the relevant convention.

Basisfor constructive diaĮogue at įhe įnternatįonaĮ Įeveļ

l1. At the iļlternational level, the l'epofting process creates a basis for.constr.uctive dialogue between states and the treaty bodies. The treaŲ bodies, in providing these guidelines, wish to ernphasize their supportive role in fostering effective nātional ilnplementation of thę inteļĪational human rights instruments.

Colļection of data and drafting of reports

12. All states are parties to at least one of the main international human rights t!'eaties the irnplernentation of which is rnonitoręd by independent treaty bodies įsee pamgraph 1), and rnore than seventy-five pel.cent are party to four or more. As a consequence, aļl States have r'eporting obligations to fulfil and should benefit from adopting a coordinated approach to their repofting for each respective treaty body.

13. states should consider setting up an appropriate institutional framework for the preparation of their reports. These institutional shuctures-which could include an inter-rninisterial drafting cornmittee and/or focal points on reporting within each relevant govemlnent departlnent-could support aļl of the State's reporting obligations undęr the international hurnan rights instruments and, as appropriate, related intęmational tfeaties (for examp1e, Conventions of the Intįinaįional Labour organization and the united Nations Educational, Scientific and cultural organization), and could plovide an effective rnechanism to cooldinate follow-up to theioncluding observations of the treaty bodies. Such stfuctures should allow for the iįvolvemęnt of sub-national levęls of governance where these exist and couļd be estabļished on a pennanent basis.

HRVMC/2006/3 Page 6

14. Institutional structures ofthis natule could also suppoft States in meeting other reporting commitments, fol example to follow up on intemational conferences and sumrnits, monitor itnplementation of the Millennium Developrnent Goals, etc. Much of the inforrnation colIected and collated for such įepoįts lnay be useful in the preparation ofStates' reports to the treaty bodies.

15. These institutional structures should develop an efficient system for the collection (frorn the relevant rninistries and govemment statistical offices) of all statistical and other data relevant to the implernentation of human rights, in a comprehensive and continuous manner. States can benefit frorn technical assistance from the Office of the United Nations High Cornmissioner for Hurnan Rights (OHCHR) in collaboration with the Division fol the Advancernent of Wornen (DAW), and frorr relevant United Nalions agencies.

Periodicity

16. In accordance with the terrns of the relevant treaŲ, each State paŅ undertakes to submit an initial repo on the measures in place or taken to give effect to that treaty's provisions within a specified period after the treaty's entry into force for the reporting state. Thefeaftff, States palties are rąuired to submit fufther įeports periodically, in accordance with the provisions of each tteaty, on the pl.ogress made during the r.eporting period. The periodicity ofreports valies from tr.eaty to treaty.

I''1' Reports under the revised reporting systerrr will consist of two paįts: the common core document and the tįeaty_Specific docutnent. In accordance with the different periodicity requirenents of treaties, submission of these reporls under diffelent treaties may not be due at the same time. However, States could coordinate the preparation oftheir repo s in consultation with the relevant treaty bodies with a view to submitting their reports not only in a tirnely manner, but with as little time lag between the different repo s as possible. This will ensure that States receive the full benefit of submitting infonrration r'ąuired by several treaty bodies in a common col.e document.

18. States shouļd keep tlreil colnlnon core documents cunent. States should endeavour to update the colnlnon core document whenever they subrnit a treaty-specific document. If no update is considaed necessary, this should be stated in the treaty- specific document.

II. THEFORMOFREPORTS

19. Įnfonnation which a State considers relevant to assisting the heaty bodies in understanding the situation in the country should be presented in a concise and structured way. Although it is understood that sorne States have complex constitutional arrangements which need to be reflected in theil. repolts, repofts should not be of excessive length. If possible, common core docurnents should not exceed 60-80 pages, initial treaŅ_specific documents should not exceed 60 pages, and subsequent periodic docurnents should be lirnited to 40 pages. Pages should be fonnatted for A4-size paper, with l.5 line spacing' aįld text set in 12 point Tirnes New Roman Ņpe. Repor1s should be submitted in electronic fonn (on diskette, CD-ROM or. by electronic rnail), accompanied by a printed paper copy.

HRr/MC/2O06/3 PageT

20. states rĪay wislr to submit separately copies ofthe principal legislative,judicial, adrninistr'ative and other texts refetred to in the repofts, where tlrese are avaiļable in a working language of the relevant committee. These texts will not be reproduced for general distribution, but will be rnade avaiļable to the lelevant committee for consultation.

21. Reports should contain a full explanation of all abbreviations used in the text, especially when refening to national institutions, organizations, laws, etc., that are not likely to be readily understood outside of the State patty.

22. Reporls must be subrritted in one of the official languages of the United Nations (fuabic, Chinese, English, French, Russian or Spanish).

23. Reporls should be cornprehensible and accu?te when submitted to the Secretary-Genelal. ln the interests of efficiency, reports submitted by States whose official language is one of thę official languages of the United Nations will not necessalily be edited by the Secretariat. Repofts subtĪlitted by States whose official language is not one of the official languages of the United Nations may be edited by the Secrętar'iat. Reports which, upon receipt, are found to be manifestly incomplete or lequire significant editing rnay be retumed to the State for rnodification befor.e being officially accepted by the Secretary-General.

TII.THE CONTENT OF REPORTS

General

24. Both the coilrnon cole docurnent and the treaty-specific document form an integral part of each State's reports. Reports shouļd contain įnformation sufficient to provide each respective treaŅ body with a complehensive understanding of the implementation of the relevant treaty by the State.

25. Repofts should elaborate both the de jure and the de facto situation with regard to the irnplementation of the provisions of the treaties to which States at'e a party. Reports should not be confined to lists or descliptions of legal instrurnents adopted in the country concemed in recent years, but should indicate how those legal instruments are leflected in the actual political, economic, social and cultural realities and general conditions existing in the country.

26. Reporls should provide lelevant statistical data, disagglegated by sex, ager, and population gtoups, which tnay be presented together in tables annexed to the įeport. Sucļr inforrnation should allow comparison over ti įe and should indicate data sources' States should endeavour to analyze this infonnation insofar as it is relevant to the irnplernentation of treaty obligations.

27. Tļre common cofe document slrould contain inforrnation ofa general and factual nature l'elating to the implernentation of the treaties to which the reporting State is party and which rnay be of lelevance to all or several treaty bodies. A treaty body rnay request tl-rat tļre corruĪon core document be updated if it considers that the information it

I Including with respect to clrildren (pelsons undęr tlre age of l 8 yeam).

HRVMC/2O06/3 Page 8

contains is out of date. Updates rnay be subrnitted in the fonn of an addendurn to the existing colnrįon core docutnent oI a new revised version, depending on the extent of the changes which need to be incorporated.

28, States preparing a colįmon corę document for the first tirne and which have aheady submitted reporls to any of the treaty bodies rnay wish to integrate into the common core docurnent infonnation contained in those reports, insofar as it remains cullent.

29. The treaty-specific document should contain inforrnation relating to the irnplementation of the tl'eaty which tlre relevant cornmitteę monitors. In particular', recent developįnents in law and practice affecting the enjoyment of rights under that treaty should be incļuded, as well as - except for initial treaty-specific docutnents _ a response to issues raised by the committee in its concluding observations or its general comments.

30. Each document rnay be subrnitted separately - though States are leferred to consider paragraph I 7 - the procedure for reporting will be as follows:

(a) The State palty submits the comtnon cote document to tl-įe Secfetafy- Generaļ which is then transmitted to each of the treaty bodies tnonitoring the implernentation of the treaties to which the State is party;

(b) The State pafiy submits treaty-specific documents to the Secretary-Genelal which are then transrnitted to the specific treaty bodies concemed;

(c) Each treaŲ body considel's the State pa y's report on the heaty the implementation of which it monitors, consisting of the common core document and the treaŅ-specific docunrent, according to its own procedures.

FĮRST PART oF REPORTS: THE CoMMoN coRE DOCUMENT

31. For convenience, the common core docurnent should be shuctured using the headings containęd in sections 1-3 in accordance with the guidelines. Tlre cotnnon cole document should include the following infonnation.

1. General information about the reporting State

32' This section should present geneml factual and statisticaļ information relevantto assistiĪlg the committees in undelstanding the political' legal, social, econotnic and cultural context in which human rights are implemented in the State concerned.

A. Demographic, economic, social and cultural characteristics ofthe State

33' states ļnay provide background infortnation on the national chalacteristics ofthe counhy. States should r'efi'ain frorn providing detailęd historical naratives; it is sufficient to provide a concise account of key historical facts where these are necessary to assist the treaty bodies in understanding the context ofthe State's implementation of the treaties.

HRL/MC/2006/3 page 9

34. States should provide accurate infor:nation about the ,rain demogr.aphic and etlrnic clraracter'istics of tlre country and its population, taking into accoun-t tįe list of indicators contained in the section ..Land and People,'in AppenĮix 3.

3?: states should provide accurate inforrnation on the standard of living of the different segįnents of the population, taking into account the 1ist of indicators cāntained in the section "Social, Economic and Cultural Indicators,, in Appendix 3.

B. Constitutįonal, political and legal structure ofthe state

36' States should provide a description of the constitutional structure and the political and legal fi'arnework of the state, including the type of government, the elęctoral system, and the organization of the executive, legislative arrd irdicial o.guns. states are also encouraged to provide information about any systems of custornaiy or religious la\.v that may exist in the State.

37. states should provide info,nation on tlre principal systern through which non- governmental organizations are recognized as such, including through registr.ation where registration laws and procedures are in place, gr anting of non-profit stat s for tax pulposes, or other cornparable lneans.

38. States should provide inforrnation on thę administration ofjustice. They should include accurate information on crime figures, including inter alia, information indicating the profile of pelpetrators and victįns of clime ānd sęntences passed and carried out.

39. Infonnation subrnitted in lespect ofpamgraphs 36 to 3g should take into account the list of indicators contained in the section "lndicators on the political system,, and "lndicators on Crime and the Administration of Justice,, in Appendix 3.

2. General framework for the protection and promotion of human rights

C. Acceptance of internatįonal human rights norms

40. States should provide inforrnation on the status of alļ of the rnain intemational hutnan r'ights heaties. Infonnation may be otganized in the fonn of a chart or table. Īt should include infbrrnation on:

(a) Ratification of main įnternatįonaĮ human rights įnstruments' Information on the status of ratification of the rnain international human rights treaties and optional protocoļs listed in Appendix 2, Section A, indicating if and when the State envisages acceding to those instruments to which it is not yet a party or which it has signed but has not yet ratified.

(i) Information on the acceptance of heaty amendments (ii) Inforrnation on the acceptance of optional procedures

(b) Reservations and decĮaraįįozls. Where a state has entered reservations to any of the treaties to which it is a parģ, the comrnon core documęnt should plovide inlolnalion on:

HRĻ/MCt2006/3 Page l0

(i) The nature and scope of such reselvations; (ii) The reason why such reservations were considered to be

necessaly and have been maintained; (iii) The precise effect of each reservation in terms of national law

and policy; (iv) h the spirit of the World Confelence on Hurnan Rights and other

sirnilal confelences which encouraged States to consider reviewing any reservation with a view to withdrawing it,2 any plans to limit the effect of reservations and ultirnately withdĪaw them within a specific time frame.

(c) Derogations, restrįctįons, or Įįmįtatįons. Where States have restr.icted, limited or derogated from the provisions of any of the treaties to which they aļe a parįy, the common core document should include infonnation explaining the scope of such delogations, restrictions or lirnitations; the circumstances justifying thęm; and the tilneframe envisaged for their withdrawaļ.

41. States may wish to include infolnation relating to their acceptance of other intetnational nonĪs ręlated to hutnan rights, especially where this infonnation is directly relevant to each State's implementation of the provisions of the rnain international human rights treaties. In particular, the attention of States is drawn to the following relevant sources of information:

(a) Ratį/īcation of other Unįted Natįons human rights and reĮared fteatįes. states may indicate whetlrer they aIę pafty to any of tlre other United Nations conventions lelated to hurnan rights listed in Appendix 2, Section B.

(b) Ratį/ication of other reļevant įnternatįonaĮ conventįons. States are encouraged to indicate whether they ate pafiy to the intemational conventions relevant to human dghts protection and humanitarian law listed in Appendix 2, Sections C to F.

(c) RatįJįcatįon of regionaĮ human rights conventions. states may indicate whether they are paty to any regional hurnan rights conventions.

D. Legal framework for the protectįon of human rights at the national level

42. States should set out the specific legal context for the protection ofhurnan r.ights in the country. In particular, infonnation should be provided on:

(a) Whether, and if so, which of the lights refered to in the various human rights instruments areprotected either in the constitution, a bill ofr.ights, a basii law, or other nationaļ legislation and, if so, what provisions are rnade for derogations, restrictions or limitations and in what circurnstances;

2 see A/CoNF' Į57123, Part IĮ, paras. 5 and 46.

HRVMC/2006/3 Page I 1

(b) Whether hurnan rights treaties have been incorporated into the national legal system;

(c) Which judicial, adrninistrative or oth authorities have cornpetence affecting human rights rnatters and the extent of such competence;

(d) Whether the provisions of the various human lights instruments can be, and have been, invoked before, or dilectly enforced by, the courts, other tribunals or administrative authol'ities;

(e) What retnedies are available to an individuaļ who claims that any of his or her t'ights have bęęn violated, and whether any systems of reparation, compensation and rehabilitation exist for victirns;

(f) Whethel any institutions or national machinery exist with responsibility for overseeing the irnplementation of human rights, including rnachinery for the advancernent of women or intended to address the particular situations of childlen, the eldelly, persons with disabilities, those belonging to rninorities, indigenous peoples, refugees and internally-displaced persons, ļnigrant worker's, non_authoįized aliens, non-citizens or others, the mandate of such institutions, the hurnan and financial resources available to them, and whether policies and mechanisms for gender mainstrearning and conective measules exist;

(g) Whether the State accepts the jurisdiction of any regional hurnan rights couļt ot' other mechanism and, if so, the nature and pr'ogl.ess of any recent or pending cases.

E. Framework within which human rights are promoted at the national level

43. States slrould set out tl-įe efforts made to pfomote respect for all hulrran rights in the state. Such pl'ornotion may encolnpass actions by gover ]Īent officiaļs, legislatures, local assernblies, national hurnan rights institutions, etc, together with the role played by the relevant actors in civil society. States may offer infonnation on measu'es such as dissemination of infonnation, education and training, publicity, and allocation of budgetary resources. In describing these in the comtron core document, attention should be paid to the accessibility of plornotional materials and hurnan ilghts instruments, including their availability in all relevant national, local, minority or indigenous languages. In particular, States should provide infor:nation on:

(a) National and regionaĮ parļįaments and assembĮies. The role and activities of the national parliament and sub-national, regional, provincial or rnunicipal assemblies or authorities in prornoting and protecting human rights, including those coĪļtained in international human r'ights treaties;

(b) NationaĮ human rights įnstįįutįons. Any institutions created for the pfotection and promotion of hurnan įiglļts at the nationaļ level, including those with specific responsibilities with legard to gender ąuality for' all, race relations and children's rights, their precise mandate, composition,

HRUMCI2OO6/3 Page 12

financial resources and activities, and whether such institutions ale independent3;

(c) Dissemination of human rįghts instrumen ls. Tlre extent to whiclr eaclr of tlre intemational hurnan rights instluments to wlricļr tlre state is palty lravę been translated, published and disseminated within the country;

(d) Raising human rights ąwareness among pubĮic officiaĮs and other professionaĮs. Any measures taken to ensure adequate education and ttaining in hurnan rights fol those with responsibilities for the irnplementation of the law, such as Govemment officials, police, imrnigration officers, pįosecutors, judges, lawyels' pr'ison officers, rnembers of the arrned forces, border guards, as well as teachers, rnedical doctors, health wolkels and social workers;

(e) Promotion of human rights awareness through educatįondļ programmes and GovernmenĻsponsored pubĮic information. Any lneasures taken to promote r'espect tbr ļruman rights througlr education and tįaining, including Govemrnent-sponsored public infolrnation car:rpaigns. Details should be provided on the extent of human ilghts education within schools, (public or private, secular or leligious) at various levels;

(f) Promotion of human rights awareness Įhrough the maSS medid' The rcle of the mass infonnation media, such as the press, radio, television and intemet, in publicizing and disserninating infomation about hurnan rights, including the international human lights insttuments;

(g) RoĮe of civiĮ socieŅ' incĮuding non'governmentaĮ organizatįons. Tltę extent of the pafticipation of civil society' in particular non-goverĪlnental organizations, in the prornotion and pįotection of hurnan riglrts within the coļļntly' and the steps taken by the Govemnrent to encouļ'age and pr'ornote

thę development of a civil society with a view to ensuring tlre promotion and plotection of humaį fights;

(h) Budget ąĮĮocątįons and Įrends. Wher'e available, budget allocations and budgetary trends, as peį'centages of national or regional budgets and gloss domestic product (GDP) arļd disaggregated by sex and age for the implementation of the State's human rights obligations and the results of any relevant budget irnpact assessments;

(i) DeveĮopment cooperatįon and ąssistance. The extent to whiclr the State benefits frorn developrnent ooopel'ation oį otļlef assistance wlriclr suppofts hurnan rights promotion, including budgetary allocations. Infortnation on the extent to which the State provides development coopet'ation or assistance to other States which suppofts the plomotion ofhuman rights in those countries.

r See the "Principles relating to the status ofnational lruman riglįts institrrtiorrs" (Paris Principles) Ė/ 19 92/22 (A/RES/48/ l 34).

HRI/MC/2006/3 page 13

44. The reporting state rnay indicate any factors or difficulties of a general nature affecting or irnpeding the inplementation of international hurnan rights obligations at the national level.

F. Reporting process at the national level

45. States shouļd provide infonnation on the process by which both parIs of their reports (corrunon core document and treaty-specific docurnents) are prepared, including on:

(a) The existence of a national coordinating strįļcture for reporting under the treaties;

(b) Participation of departrnents, institutions and officials at national, regional and local lęvels of goveļĪance and, where appropriate, at fedelal and provincial levels;

(c) Whether l'eports are rnade available to ol examinęd by the national legislature prior to submission to the heaty monitoring bodies;

(d) The nafure of the participation of entities outside of gover_rrrnent or ļ'elevant independent bodies at the various stages ofthe report preparation process or follow-up to it, including monitoring, public debate on draft reports, translation, dissernination or publication, or other activities explaining the repoft or concluding observations of the treaty bodies. Such participants may include human rights institutions (national or other\ryise), non- govemmental organizations, or other relevant actors of civil society, including those persons and groups most affected by the relevant provisions ofthe treaties;

(e) Events, such as parliarnentary debates and govemrnental conferences, workshops, seminars, mdio or television broadcasts, and publications issued explaining the repoft, or any other simiļar events undertaken during the reporting period.

FoĮĮow-up to concĮuding observatįons of human rights treaty bodies

46. States should provide general infonnation in the common core docurnent on the lĪeasures and procedures adopted or foļ'eseen, if any, to ensure effective follow-up to and wide dissemination of the concluding observations or recomrnendations issued by any of the treaty bodies after consideration of the State's Īeports, including any parliarnentary hearing or media coverage.

G. Other related human rights information

47. states are invited to considet', where appropriate' the following additionaļ sources of infonnation for inclusion in their co tlĪon core document.

HRĪ/MC/200613 Page 14

Fo ĮĮow-up to įnternationaĮ conferences

48. States may provide geneml information on follow-up to the declarations, recommendations, and commitments adopted at \ļioįld conferences and subsequent reviews insofar as these have a bearing on the hurnan rights situation in the country.

49. Where such conferencęs include r'epor1ing plocedļį'es (eg, the Millenniurn Summit), States may integrate the relevant infonnation contained in those repofis in the com lon core document.

3. Information on non-discrimination and equality and effective remedies

Non-dįscrįmįnatįon and equaĮiŅ

50. States should plovide in their common core document general information on the implementation of its obligations to guaįantee equality before the law and ąual protection of the la\{ fof everyone within their jurisdiction, in accordance with the ręlevant international hurnan rights instruments, including inforrnation on the legal and institutional shuctures.

5l. The comrnon cor'e document should incļude general factual infonrration on measures taken to elirninate discrimination in all its fonns and on all grounds, including multiple discrirnination, in the enjoyment of civil, political' econotnic, sociaļ and cultural, riģts, and on measufes to plomote formal and substantive equality for everyone within the jurisdiction of the State.

52' It should contain generaļ information on whethel the principle of non- discrirnination is included as a general binding principļe in a basic law, tlre constitution, a bill of rights or in any other dornestic legislation and the definition of and legal grounds for prohibiting discrirnination (if not aL'eady provided in para. 42(a)). Information should also be provided on whether the legal system allows for or mandates sp@ial measures to guaĪantee full and equal enjoyrnent ofhurnan rights.

53. Information should be provided on steps taken to ensure that discrimination in aļl its forrns and on all glounds is pr'evented and combated in practice, including infolmation on the manner and the extent to which the provisions ofthe existing penal laws, as applied by the courts, effectively implement the State parties' obligations under the principal hurnan rights instflxnents.

54. States shouļd provide general information regarding the hurnan rights situation of persons belonging to specific wlnerable groups in the population.

55. States should provide information on specific reasures adopted to reduce economic, social and geographical disparities, including between rural and urban areas, to prevent discrimination, as well as situations of rnultiple discrįnination, against the persons belonging to the most disadvantaged groups.

56. States should provide general information on the measures, including educational programmes and public information campaigns, that have been taken to

HRUMCI2OO6/3 Page 15

prevent and elirninate negative attitudes to, and prejudice against, individuals and groups which prevent them frorn fully enjoying theil human rights.

5''1. States should provide gener'al infonnation on the irnplernentation of theiį' interrrational obligations to guamntęe equaļity befoĮe the law and ąual protection ofthe law for everyone within their jurisdiction, in accordance with the intemational hunan rights instruments.

58. States should provide genelal information on the adoption ofternporary special lneasures in specific cilcumstances to help accelerate progress towards equality. Where such measures have been adopted, States should indicate the expected timefrarne for the attainment of the goal of equality of opportuniŅ and treatment aįd the .rithdrawal of such measules.

Effective remedies

59. States should include general infolmation in the common core document on the nature and scope of remedies provided in theil domestic legislation against violations of human rights and whether victirns have effective access to these rernedies (if not already provided in para. 42(e).

sECoND PART oF REPORTS: THE TREATY-SPECĮFIC DOCUMENT

60. The tįeaty-specific document should contain all information relating to States' implernentation of each specific tteaty which is relevant principally to the corurnittee charged with monitoring the implementation of that heaty. This part of the report allows states to focus tļreir attention on the specific issues relating to the irnplernentation of the respective ConvenĮion. Tlre treaty-specific document should include the infonnation requested by the relevant committee in its most cuįlent treaty_specific guidelines. The treaty-specific document sļrould include, whele applicable, inforrnation on the steps taken to address issues raised by the cornrnittee in its concluding observations on the State party's previous reporl.

HP.UMC/2006/3 Page 16

APPENDIX 1

Mandate of treįty bodįes to request reports from sates parties International Covenant on Economic, Social and Cultural Rigltts

ArtįcĮe ]6 1. The Statęs Partięs to the present Covenaflt undqtake to subrnit in conforrnity with this part of the covenant reports on the lĪreasules wlriclr they have adoptęd and tlre

plogl'ess made in achieving the observance of the rights lecognized herein.

2. (a) All reports shall be subrnitted to tlre Secretary-Geneįal of the United Nations, who shall transrnit copies to the Econornic and Social Council for consideration in accordance \ ith the provisions of the present Covenant; [. . . ]

ArtįcĮe ]7 l. The States Parties to flre present Covenant shall furnish their reports in stages, in accordance with a progt'arnme to be established by tlre Econonric and Sociaļ Council within one yeal of the entry into force of the present Covenant after consultation with the States Parties and tlre specialized agencies conce į9d.

2. Reports may indicate factors and difficulties affecting tlre degtee of fuļfilrnent of obligations under the present Covenant.

3. Where relevant inforrnation has previously been fumished to the United Nations or to any specialized agency by any State Palty to the pręsent Covenant, it wiļl not be necessary to reproduce that information, but a precise reference to the infolmation so fumished will suffice.

International Covenant on Civil and Political Rights

ArtįcĮe 40 1. The States Pafties to tlļe present Covenant undertake to subrnit repofts on the measures they have adopted wlrich give effect to the riglrts recognized heręin and on the pĪogl'ess made in tlre enjoyrnent of tlrose riglrts:

(a) within onę yeal of tlre entry into force of tlre present Covenant for the States

Parties concernedļ

(b) Thereafter whenevel tļre Com littee so rąuests.

2. All leporls shall be subrnitted to the Sect'etary-General of the Unitęd Nations, who shall transrrit them to the Comrnittee for considemtion. Reports shall indicate the factols and difficulties, if any, affecting the itrplementation of the plesent Covenant.

3. The Secretary-General of the United Nations may, after consultation with the Committee, tįansmit to the specialized agencies concetned copies of such pafis of the reports as rnay fall within their field of competence- 4. The Comrnittee shall study the reports submitted by the States Parties to the ptesent Covenant. It shall transrnit its reports, and such general cormnents as it rnay considel

HRVMC/2006/3 Page 17

appropriate, to the states Parties. The comlnittee rnay also transmit to the Econornic and Social Council these corĪl lents along with tlre copies oftlre repofis it lras received from States Patties to the present Covenant.

5. The states Parties to the ptesent covenant lnay subrrit to the committee observations on any colĪļInents that rnay be made in accordance with paraglaph 4 of this article.

International Convention on the Elimįnation of All Forms of Racial Discrimination

ArtįcĮe 9 1. States Parties undertake to submit to the Secretary-Geneml of the United Nations, for consideration by the Comrnittee, a report on the legislative, judicial, administrative or other tneasures which they have ad pted and which give effect to the provisions of įhįs Convention:

(a) within one year after the ently into force of the Convention for the State concemed; and

(b) thereafter ęvery two years and whenever the Cornmittee so requests. The Cormnittee may request furlher infonnation frorn the States parties.

t...1 Convention on the Elimination of All Forms of Discrimination against Women

Artįcle ]8 l. States Parties undęrtake to subrnit to the secretary-General of the United Nations, for consideration by the Committee, a repoft on the legislative, judicial, administrative or other measures which they have adopted to give effect to the pr.ovisions of the present Convention and on the plogress made in this respect:

(a) Within one year after the en y into force for the State concerned;

(b) Thereafter at least evety four years and furlher whenever the Committee so requests.

2. Repofts tray indicate factors and difficulties affecting the degree of fulfilment of obligations under the present convęntion. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

ArtįcĮe ļ9 l. The States Parties shall subtnit to the Committee, through the Secretary-General of the United Nations, repofts on the measures they have taken to give effect to their undertakings under this Convention, within one year after the entry into force of the Convention for the State Pafty concemed. Thereafter the States parties shall submit suppletnentary repofts every four years on any new lneasures taken and such other leports as the Cormnittee may request.

2. The Secretary-General of the United Nations shall transmit the repotts to all States Parties.

HRr/MC/2006/3 Page I 8

3. Each report shall be considered by the Cornrnittee which rnay make such genelal comments on tlre report as it rnay consider appropriate and shall forward these to thę State Party concemed. That State Party rnay respond with any observations it chooses to the Corunittee. [...] Conventįon on the Rights of the Child

Artįcļe 44 1. States Parties undertake to submit to the Comrnittee, tlu'ough the Secretary-Genelal of the United Nations, repor'ts on the measuręs they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyrnent of those rights:

(a) Within two years of the entry into force of the convention for the State Paļty concemed;

(b) Thereafter every five years.

2. Reports made under the present article shalļ indicate factors and difficulties, if any, affecting the degree of fulfihnent of the obligations under the present Convention. Reports shall also contain sufficient infonnation to plovide the Colnmittee with a

comprehensive understanding of the irrplementation of the Convention in the country concerned.

3. A State PaŅ which has subrnitted a comprehensive initial repolt to the Cotntnittee need not, in its subsequent repolts submitted in accordance with paragraph 1 (b) of the present article, repeat basic inforrnation previously provided.

4. The Comrnittee may rąuest frorn States Parties further infortnation Īelevant to the implernentation of the Convention.

5. The Committee shaļl submit to the Generaļ Asserrrbly, tluough the Economic and Social Council, every two yeal's, reports on its activities.

6. states Parties shall make their repoļIs widely available to the public in their own countries. International Conventįon on the Protection of the Rights of All Migrant Workers and Members of Their Families

Arįįcļe 73 l. States Parties undertake to submit to the Secretaly-General of the United Nations for consideration by the Committee a report on the legislative, judicial, administrative and other rneasures they have taken to give effect to the provisions of the present Convention:

(a) within one year after the enĘ into force of the Convention for the State Party concemed;

(b) Thereafter every five years and whenever the Comrnittee so requests.

HRVMC/200613 HRVMC/2006/3 Page 19 Page2l

2. Repolts prepared under the pl'esent a icle shall also indicate factors and difficultięs, APPENDIX 2 if any, affecting the irnplernentation of the Convention and shall include information on

3. The Cornrnittee shall decide any further guidelines applicable to the contęnt of the A. Main international human rights conventions and protocols reports.

International Covenant on Econornic, Social and Cultural Rights (ICESCR), 1966 4. States Par1ies slrall rnake theil r'eports widely available to the public in their own International Covenant on Civil and Political Riglļts (IccPR), 1966 countries. Intemational Convention on the Elirnination of All Forrns of Racial Discrirnination,

(ĮCERD),1965 ArtįcĮe 74 Convention on tlre Elirrrination of A1l Forlns of Discrirnination against Wotnen ļ. The Comrnittee shall examine the lepofis submitted by each state Pafty and shall (CEDAW), 1979 tįansmit sucļr comtnents as it tnay consider appropįiate to tlre State Paffy concetned. Convention against Tor1ure and Other Cruel, Inhutnan or Degrading Treatment or This State Palty may subrnit to the Cotulittee observations on any comment rnade by Punishrnent (CAT), 1984 the Cornmittee in accordance with the present afiicle. The Comrnittee may request ConventionontheRightsofthechild(CRc), 1989

Members of Their Farnilies, (ICMW), 1990 optional Protocoļ to tlre CRC on the involvetnent ofchildren in armed conflict,2000 Optional Protocol to the CRC on the sale of childlen, child prostitution, and child pornography, 2000 optioĪlal Protocol to ICCPR, concetning individual petition, 1966 Second optional Protocol to ĮCCPR, concetrring abolition of the death penalty, l 989 Optional Protocol to CEDAW, conceming individual cornplaints and inquiry procedures,1999 Optional Plotocol to CAT, conceming regular visits by national and international institutions to pļaces of detention,2002

B. Other United Nations human rights and related conventions

Convention on the Prevention and Punisļrment of tlre Cr'įne of Genocide, ļ 948 Slavery ConvenĪion, 1926 as arrrended l 955 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 1949 Convention relating to the Status of Refugees, 1951 , and its 1967 Protocol Convention lelating to the Status ofStateless Persons, 1954 Convention on the Reduction of Statelessness, l 96 ļ Rome statute of the Įnternational Cr'irninal Court, 1 998 United Nations Convention against Transnational Organized Crirne, 2000, and its Protocols against the srnuggling of rnigrants by land, sea and air, and to prevent, suppress and punish trafficking in persons, especially women and childlen

C. Conventions ofthe International Labour Organization

Weekly Rest (Industry) Convention, 1921 (No. 14) Forced or Compulsory Į,abour Convention, 1930 (No. 29) Labour Inspection Convention, I 947 (No. 8 I ) Migration for Employrnent Recommendation,1949 (No. 86) Freedom of Association and Protection of the Right to Organise Convention, I 948 (No. 87) Migration for Employrnent Convention, 1949 (No. 97)

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Right to Organize and Collective Bargaining Convention, 1949 (No. 98) Equal Remuneration Convention l95l (No. 100) Social Security (Minirnurn Standar.ds) Convention, 1952 (no. 102) Abolition of Forced Įabour Convention, l957 (No. 105) Weekly Rest (ColĪlĪįet'ce and offices) Convention, l 957 (No. 106) Discrirnination (Ernployrnent and Occupation) Convention, 1958 (No. l1l) EqualiŲ ofTreatlnent (Social Security) Convention, l962 (no. l 18) Employment Policy Convention, 1964 (No. 122) Labou' lnspection (Agr icultule) Convention, 1 969 (No. 129) Minimum Wage-Fixing Convention, 1970 (No. 131) Holidays with Pay Convention (Revised), 1970 (No. 132) Minimurn Age Convention, 1973 (No. 138) Migrant Workers (Supplementary Provisions) Convention, I 975 (No. 143) Migrant Workers Recotnmendation, 1 975 (No. I 5 1 ) Labour Relations (Public Selvice) Convention, 1978 (No. 151) occupational SafeŲ and Health Convention, l98l (No. l55) Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Farnily Responsibilities Convęntion, t98l (No. 156) Indigenous and Tribal Peoples in Independent Coun ies Convention, 1989 (No. 169) worst Fofms of Chiļd Labour Convention, 1999 (No. 1 82) Maternity Protection Convention, 2000 (ne t 83)

D. Conventions ofthe United Nations Educational, Scientific and Cultural Organization

Convention against Discrirnination in Education, 1960

E. Conventions of the Hague Conference on Private International Law

Convention relating to the settļetnent ofthe conflicts betweęn the law ofnationality and the law of domicile, 1955 Convention on the law applicable to maintenance obligations towards children, 1956 Convention concerning the recognition and enforcement of decisions relating to maintenance obligations towards children, 1958 Convention concerning the powers ofauthorities and the law applicable in respect ofthe protection of rninors, l96l Convention on Jurisdiction, Applicable Law and Recognition of Decr.ees Relating to Adoptions, 1965 Convention on the Law Applicable to Maintenance Obligations, 1973 Convention on the Recognition ofDivorces and Legal Separations, 1970 Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations, 1973 Convention on the Civil Aspects of Intemational Child Abduction, 1973 Convention on Celebration and Recognition of the Validity of Maniages, 1978 Convention on the Law Applicable to Matlirnonial Property Regirnes, 1978 Convention on Įnteraational Access to Justice, 1980 Convention on the Law Applicable to Succession to the Estates of Deceased Persons, l 989 Convention on Plotection of Children and Co_opęration in respect of IntercounĘ Adoption, 1993

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Convention on Jurisdiction, Applicable Law, Recognition,.Enforcernent and Co- operation in respect of Paįental Responsibility and Measul'es for the Protection of Children, 1996 Convention oĪl the Intemational Plotection of Adults, 2002

F. Geneva Conventįons and other treaties on international humanįtarinn law

Geneva Convention (l) for the Arneliolation of the Condition of the Wounded and Sick in Armed Forces in the Field, 1949 Geneva Convention (ll) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Alrned Forces atSr,1949 Geneva Convention (III) relative to the Treatrnent of Prisoners of War, 1949 Geneva Convention (IV) relative to the Plotection of Civilian Pet'sons in Tįne of War t949 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Intemational Anned Conflicts (Protocol I), 1977 Protocol Additional to the Geneva Conventions of 12 August L949, and relating to the Protection of Victims of Non_International Anned Conflicts (Protocol Į|)' I977 Ottawa Convention on the Prohibition ofthe Use, Stockpiling, Production and Transfer of AntįPersonneļ Mines and orr Their Destruction, 1987

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APPENDIX 3

Indicators for assessing the implementation of human rights

Demographic indicators Repofiing States slrould provide accufate inforrnation, wļlere avaiļable, about the tnain demographic characteristics and fiends of its population, including the following. The infolmation should cover at least the last five years and be disaggregated by sex, age, and rnain population groups.

Population size Population growth rate Population densiŅ Population distribution by rnother tongue, religion and ethnicity, in rural and urban aręas Age-composition Dependency ratio (percentage of population under 1 5 and over 65 years of age) Statistics on bifths and deaths Life expectancy Fefiility rate Average household size Proportion of single-parent households and households headed by wornen Propoltion of population in rural and urban areas

Social, economic and cultural indicators Reporling States should provide information reflecting the standard of living, including the following, covedng at least the last five years and disaggregated by sex, age, and main population groups:

Share of (household) consurnption expenditures on food, housing, health and education

Propofiion ofpopulation below the national poveŅ line Propot1ion ofpopulation be1ow tļre rninįnum level ofdietary consumption Gini coefficient (relating to distribution of income or household consumption

expenditure) Prevalence of underweight children undel five years of age Infant and matemal mortality rates Percentage of women of child,/bearing age using contraception or whose pafiner is

using contmception Medical telninations of pregnancy as a proportion of ļive birIhs Rates of infection of HIV/AIDS and major corulunicable diseases Prevalence of rnajor communicable and non-communicable diseases Ten tnajor causęs of deatlr

Net enl'olmeĪrt ratio in prirnary and secondary education Attendance and drop-out rates in prirnary and secondary education Teacher-student ratio in public funded schools Literacy rates

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Unetnployįnent fate Ernployment by major sectors ofeconornic activity, including break-down

between the formal and infbrtnaļ sectot's Work participation rates Propoftion of wor* force registered with trade unions

Pel capita incorne Gross dornestic ploduct (GDP) Annual growth rate Gross National Income (GNĮ) Consumer Price Īndex (CPI) Social expenditures (eg., food, housing, health, education, social prctection, etc.)

as proporlion oftotal public expenditule and GDP Extemal and domestic public debt

Ploportion of inter-national assistance provided in relation to the State budget by sector and in relation to GNI

Indicators on the political system Reporting States should provide infonnation on the following, covering at least the last five years and disaggregated by sex, age, and rnain population groups:

Number oflecognized political parties at the national level Proportion ofpopulation eligibļe to vote Proportion of non-citizen adult population registered to vote Number of cornplaints on the conduct of elections registered, by type of alleged

inegularity Population covemge and breakdown of ownership of major tnedia channels

(electlonic, print, audio, etc)

Number of recognized non-goveįĪmental organizationsa Distribution of legislative seats by pafiy Percentage of women in parliarnent Proportions ofnational and sub-national elections held within the schedule laid

out by law Average voteį tu routs in the national and sub-national elections by

adrninistrative unit (eg, states or plovinces, districts, municipalities and villages)

Indicators on crime ānd the administratįon ofjustice Reporting States should pr'ovide information on tlre following, covering at ļeast tlre last five years and disaggr egated by sex, age, and main population groups:

Incidence of violent death and life tlueatening crimes reported per ļ 00,000 pefsons

Numbel of persons and rate (per 100,000 persons) who were arrested/brought before a courl\convicted\sentenced\incarcerated for violent or other serious crimes (such as homicide' robbery, assauļt and trafficking)

o In accordance witļr the reportin8 state's system ofgranting recognition to non-governr entaļ

organizatioro, infonnation on which is requested is paragraph 37.

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Number of repol'ted cases of sexually rnotivated violence (such as rape, felnale genital rnutilation, honour crirnes and acid attacks)

Maxirnum and average tirne of ple-tlial detention Prison population with br'eakdown by offence and length ofsentencę Incidence of death in cįįstody Number of persons execĮįted under tlre death penalty per year Avelage backlog ofcases perjudge at different levels ofthejudicial systern Nurnber ofpolice\security personnel per 100,000 persons Number ofprosecutors andjudges per 100,000 persons Share of public expenditure on police\seculity and judiciary of the accused and detainęd persons who apply for-fl'ee legal aid, the pl'oportion

ofthose who receive it Proportion ofvictirns cou.rpensated after adjudication, by type ofcrirne