Ewolucja kompetencji Komitetu Praw Człowieka
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Date
1996
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Wydział Prawa i Administracji UAM
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Evolution of the competences of the Human Rights Committee
Abstract
Pursuant to Art 40(4), following consideration of State's report, the Committee transmits to
the State Parties "its reports, and such general comments as it may consider appropriate". The
interpretation of this provision has met with great difficulties in the Committee and its practice
has been largely blocked by the differences of opinion in the interpretation of opinion cited above.
In recent years the Committee undertook a number of efforts to adopt a more evaluative approach
towards State reports. Since the mid-eighties it has become a common practice for the Committee
members to submit a quasiconcluding personal statement on the human rights situation in the
State concerned. In 1992 the Committee started a new initiative by appointing Special Rapporteurs
with the task of adopting comments on every State report. These comments were adopted by
consensus and are formulated in rather general and cautious terms. Nevertheless, the sections on
"principal subjects of concern" as well as the final "suggestions and recommendations" also point
to specific human rights violations and developments. The fact that the Committee prefers to call
these evaluations "comments" rather than "reports" as provided for in Art. 40(4) shows its careful
step approach from "review" to "control".
The individual communications procedure is concluded with "views" on the violation of the
Covenant by the State Party. The Committee does not confine itself to the mere determination that
the Covenant has been violated but it usually concludes the view with a statement on the resulting
obligations of the State Party. The views adopted by the Committee are not binding under international
law. The Optional Protocol does not provide any measures for supervising their enforcement
and State Parties are not obligated to inform the Committee of the measures they have
taken with regard to decided cases. In 1990 the Committee formalized this procedure by issuing a
statement concerning measures to monitor compliance with its views. The Special Rapporteur for
the Follow-Up of Views is appointed each year. This Rapporteur is entrusted to communicate with
States Parties and victims of a violation and to make to the Committee recommendations on any
further action. The guidelines for the preparation of State reports were supplemented with a section
concerning actions in response to individual communications. The Annual Reports of the
Committee contain information on the replies of States to the Special Rapporteur's requests.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny, 58, 1996, z. 1, s. 3-14