During its 92nd and 93rd sessions held in March and July 2008 respectively, the Human Rights Committee initiated the drafting of a new General Comment on States parties’ obligations under the first Optional Protocol to the International Covenant on Civil and Political Rights.
The Committee has sought comments on the Draft General Comment from interested parties, in particular State parties to the International Covenant on Civil and Political Rights, UN specialised agencies and non-governmental organisations.
In October 2008, the HRLRC made a submission to the Committee ([Submission] and [Annexure]) recognising and affirming the importance of the individual communication process in ensuring effective protection for individuals who may have suffered a violation of rights afforded them under the Covenant.
The HRLRC submission addresses the following areas considered in the General Comment:
- the obligation of States parties to cooperate with procedures;
- the force, nature and effect of the Committee’s views; and
- interim measures.
The HRLRC supports the position taken in the General Comment that the Committee’s views are ‘not merely recommendatory’. Rather, the obligation to respect, reconsider and act in good faith in relation to Committee procedures and views forms an essential element of States parties’ legal obligations under both the Optional Protocol to the International Covenant on Civil and Political Rights and the Covenant.
