UNITED NATIONS

CRC

Convention on the Rights of the Child

Distr.GENERAL

CRC/C/1451 December 2004

Original: ENGLISH

COMMITTEE ON THE RIGHTS OF THE CHILDThirty-eighth sessionGeneva, 10-28 January 2005

PROVISIONAL AGENDA AND ANNOTATIONS

Note by the Secretary-General

1.The thirty-eighth session of the Committee on the Rights of the Child will be held at the United Nations Office at Geneva from 10 to 28 January 2005. The first meeting of the session will be convened on Monday, 10 January 2005 at 10 a.m.

2.In accordance with rule 6 of the provisional rules of procedure, the Secretary-General has prepared, in consultation with the Chairperson of the Committee, the attached provisional agenda for the thirty-eighthsession. Annotations to the provisional agenda are also attached.

3.Pursuant to rule 32 of the provisional rules of procedure, the meetings of the Committee shall be held in public unless the Committee decides otherwise.

4.The attention of the States parties is drawn, in particular, to the annotations to item 4, containing the list of reports that will be before the Committee at its thirty-eighthsession.

5.A pre-sessional working group, established in accordance with rule 63 of the provisional rules of procedure, met at the United Nations Office at Geneva from 4 to 8 October 2004.

GE.04-44950 (E) 031204

Provisional agenda

1.Adoption of the agenda.

2.Solemn declaration by the new member of the Committee.

3.Organizational matters.

4.Submission of reports by States parties.

5.Consideration of reports of States parties.

6.Cooperation with other United Nations bodies, specialized agencies and other competent bodies.

7.Methods of work of the Committee.

8.General comments.

9.Future meetings.

10.Other matters.

Annotations

Item 1. Adoption of the agenda

1.Under rule 8 of the provisional rules of procedure, the first item on the provisional agenda shall be the adoption of the agenda, except for the election of officers when required under rule 16. In accordance with rule 9 of the provisional rules of procedure, the Committee may revise the agenda and may, as appropriate, add, defer or delete items. Only urgent or important items may be added to the agenda.

Item 2. Solemn declaration by the newly elected member of the Committee

2. In accordance with rule 15 of the provisional rules of procedure, the new member of the Committee, Ms. Alison Anderson, will make the following solemn declaration in open meeting:

“I solemnly declare that I will perform my duties and exercise my powers as a member of the Committee on the Rights of the Child honourably, faithfully, impartially and conscientiously.”

Item 3. Organizational matters

3.Under this item, the Committee may wish to consider its programme of work for the session, as well as any other matter concerning the modalities of discharging its functions under the Convention.

Item 4. Submission of reports by States parties

Reports received

4.In addition to the reports which are scheduled for consideration by the Committee at its thirty-eighth session (see the timetable for consideration of reports under item 5 below), the Secretary-General has received the following initial reports:

State party

Date due

Symbol

Bosnia and Herzegovina

1994

CRC/C/11/Add.28

5.The Secretary-General has also received the following second periodic reports, in addition to those scheduled for consideration at the thirty-eighth session:

State party

Due in

Symbol

Ecuador

1997

CRC/C/65/Add.28

Mauritius

1997

CRC/C/65/Add.35

Mongolia

1997

CRC/C/65/Add.32

Nepal

1997

CRC/C/65/Add.30

Philippines

1997

CRC/C/65/Add.31

Uganda

1997

CRC/C/65/Add.33

Ghana

1997

CRC/C/65/Add.34

Hungary

1998

CRC/C/70/Add.25

United Republic of Tanzania

1998

CRC/C/70/Add.26

Azerbaijan

1999

CRC/C/83/Add.13

Latvia

1999

CRC/C/83/Add.16

Lithuania

1999

CRC/C/83/Add.14

China

1999

CRC/C/83/Add.9

Thailand

1999

CRC/C/83/Add.15

Trinidad and Tobago

1999

CRC/C/83/Add.12

Algeria

2000

CRC/C/93/Add.7

Luxembourg

2001

CRC/C/104/Add.4

Saudi Arabia

2003

CRC/C/136/Add.1

Liechtenstein

2003

CRC/C/136/Add.2

6.The Secretary-General has also received the following third periodic reports:

State party

Due in

Symbol

Costa Rica

2002

CRC/C/125/Add.4

Nicaragua

2002

CRC/C/125/Add.3

Peru

2002

CRC/C/125/Add.6

Russian Federation

2002

CRC/C/125/Add.5

Australia

2003

CRC/C/129/Add.4

Colombia

2003

CRC/C/129/Add.6

Denmark

2003

CRC/C/129/Add.3

Finland

2003

CRC/C/129/Add.5

Norway

2003

CRC/C/129/Add.1

Yemen

2003

CRC/C/129/Add.2

7.The Secretary-General has also received the following initial reports under the Convention’s Optional Protocols, in addition to those scheduled for consideration at the thirty‑eighth session.

Optional Protocol to the Convention on the involvement of children in armed conflict

State party

Due in

Symbol

Finland

2004

CRC/C/OPAC/FIN/1

Italy

2004

CRC/C/OPAC/ITA/1

Andorra

2004

CRC/C/OPAC/AND/1

Switzerland

2004

CRC/C/OPAC/CHE/1

Denmark

2004

CRC/C/OPAC/DEN/1

Iceland

2004

CRC/C/OPAC/ISL/1

Optional Protocol to the Convention on the sale of children, child prostitution and child pornography

State party

Due in

Symbol

Morocco

2004

CRC/C/OPSA/MOR/1

Italy

2004

CRC/C/OPSA/ITA/1

Kazakhstan

2004

CRC/C/OPSA/KAZ/1

Andorra

2004

CRC/C/OPSA/AND/1

Iceland

2004

CRC/C/OPSA/ISL/1

Reports due

8.Under rule 67 of the provisional rules of procedure, the Secretary-General is required to notify the Committee at each session of all cases of non-submission of reports. Accordingly, the States parties whose initial reports were due by 3 November 2004 but have not yet been received are listed below:

State party

Date due

Number of reminders sent

Turkmenistan

19 October 1995

8

Congo

12 November 1995

8

Afghanistan

26 April 1996

7

Nauru

25 August 1996

7

Samoa

28 December 1996

7

Malaysia

19 March 1997

6

Swaziland

5 October 1997

6

Tuvalu

21 October 1997

6

Tonga

5 December 1997

6

Kiribati

9 January 1998

5

Niue

18 January 1998

5

Cook Islands

5 July 1999

4

9.At its twenty-ninth session (see CRC/C/114, paragraph 561), the Committee decided to send a letter to all States parties whose initial reports were due in 1992 and 1993, requesting them to submit that report within one year. The Committee further decided to inform those States parties in the same letter that should they not report within one year, the Committee would consider the situation of child rights in the State in the absence of the initial report, as foreseen in the Committee’s “Overview of the reporting procedures” (CRC/C/33, paras. 29-32) and in light of rule 67 of the Committee’s provisional rules of procedure (CRC/C/4).In this regard, the Committee noted with satisfaction that all concerned States parties whose initial reports were due in 1992 and 1993 have since submitted them

10.At its thirty-third session the Committee decided to send a letter to all States parties whose initial reports were due in 1994 (Albania, Bosnia and Herzegovina and Equatorial Guinea), requesting them to submit that report within one year. The Committee informed States parties in the same letter that, should they not report within one year, the Committee would consider the situation of child rights in the State in the absence of the initial report. The Committee noted with satisfaction that concerned States parties have submitted their initial reports.

11.The States parties whose second periodic reports were due by 3 November 2004 but have not yet been received are listed below:

State party

Date due

Benin

1 September 1997

Bhutan

1 September 1997

Guinea

1 September 1997

Holy See

1 September 1997

Kenya

1 September 1997

Saint Kitts and Nevis

1 September 1997

Senegal

1 September 1997

Sierra Leone

1 September 1997

Gambia

6 September 1997

Guinea-Bissau

18 September 1997

Seychelles

6 October 1997

Zimbabwe

10 October 1997

Venezuela

12 October 1997

Mali

19 October 1997

Democratic Republic of the Congo

19 October 1997

Brazil

23 October 1997

Malta

29 October 1997

Namibia

29 October 1997

Niger

29 October 1997

Chad

31 October 1997

Barbados

7 November 1997

Burundi

17 November 1997

Grenada

4 December 1997

Uruguay

19 December 1997

Angola

3 January 1998

Djibouti

4 January 1998

Malawi

31 January 1998

Serbia and Montenegro

1 February 1998

Guyana

12 February 1998

Côte d’Ivoire

5 March 1998

Maldives

12 March 1998

Bahamas

21 March 1998

Dominica

11 April 1998

Lao People’s Democratic Republic

6 June 1998

Sao Tome and Principe

12 June 1998

Mauritania

14 June 1998

Bulgaria

2 July 1998

United Republic of Tanzania

9 July 1998

Dominican Republic

10 July 1998

The former Yugoslav Republic of Macedonia

16 September 1998

Cuba

19 September 1998

Israel

1 November 1998

Estonia

19 November 1998

Kuwait

19 November 1998

San Marino

24 December 1998

Trinidad and Tobago

3 January 1999

Zambia

4 January 1999

Bosnia and Herzegovina

5 March 1999

Bahrain

14 March 1999

Albania

27 March 1999

Lesotho

8 April 1999

Latvia

13 May 1999

Central African Republic

23 May 1999

Cape Verde

3 July 1999

Equatorial Guinea

14 July 1999

Ireland

27 October 1999

Cambodia

13 November 1999

Slovakia

31 December 1999

Cameroon

9 February 2000

Republic of Moldova

24 February 2000

Papua New Guinea

31 March 2000

Suriname

31 March 2000

Micronesia (Federated States of)

3 June 2000

Greece

9 June 2000

Liberia

3 July 2000

Saint Lucia

15 July 2000

Monaco

20 July 2000

Comoros

21 July 2000

Armenia

5 August 2000

Vanuatu

5 August 2000

Fiji

11 September 2000

Turkmenistan

19 October 2000

Gabon

10 March 2001

Afghanistan

26 April 2001

Mozambique

25 May 2001

Iraq

14 July 2001

Uzbekistan

28 July 2001

Nauru

25 August 2001

Eritrea

1 September 2001

Kazakhstan

10 September 2001

Samoa

28 December 2001

12.Under this item, the Committee will have before it notes by the Secretary-General concerning the list of States whose initial reports under article 44 of the Convention were respectively due in 1992 (CRC/C/3), 1993 (CRC/C/8), 1994 (CRC/C/11), 1995 (CRC/C/28), 1996 (CRC/C/41), 1997 (CRC/C/51), 1998 (CRC/C/61) and 1999 (CRC/C/78) (no initial reports were due in 2000). The Committee will also have before it a note by the Secretary-General containing the list of States whose second periodic reports were due in 1997 (CRC/C/65), 1998 (CRC/C/70), 1999 (CRC/C/83), 2000 (CRC/C/93), 2001 (CRC/C/104) or 2002 (CRC/C/117).

13.Further, the Committee will have before it a document indicating the status of submission of reports under the Convention and its two optional protocols (CRC/C/144) which also indicates exceptional measures granted by the Committee to States parties that are encountering problems

in complying with the strict time frame for submission of reports established by the Convention in article 44, paragraph 1, or the consideration of whose reports has been delayed. These recommendations apply as exceptional measures taken for one time only.

14.Under this item, the Committee will also have before it a note by the Secretary-General on the follow-up to the consideration of initial reports by States parties to the Convention (CRC/C/27/Rev.11).

Item 5. Consideration of reports of States parties

15.A tentative timetable for consideration of reports at the thirty‑eighth session, prepared by the Secretary-General, in consultation with the Chairperson and subject to approval by the Committee, is given below.

Tentative timetable for consideration of reports of States parties

Tuesday, 11 January, 2005

10 a.m.-1 p.m.3-6 p.m.

Sweden

CRC/C/125/Add.1

Wednesday, 12 January, 2005

10 a.m.-1 p.m.3-6 p.m.

Albania

CRC/C/11/Add.27

Thursday, 13 January, 2005

10 a.m.-1 p.m.3-6 p.m.

Luxembourg

CRC/C/104/Add.5

Friday, 14 January, 2005

10 a.m.-1 p.m.3-6 p.m.

Austria

CRC/C/83/Add.8 and Corr.1 and CRC/C/OPAC/AUS/1

Monday, 17 January, 2005

10 a.m.-1 p.m.3-6 p.m.

Belize

CRC/C/65/Add.29

Wednesday, 19 January, 2005

10 a.m.-1 p.m.3-6 p.m.

Bahamas

CRC/C/8/Add.50

Thursday, 20 January, 2005

10 a.m.-1 p.m.3-6 p.m.

Islamic Republic of Iran

CRC/C/104/Add.3

Friday, 21 January, 2005

10 a.m.-1 p.m.3-6 p.m.

Nigeria

CRC/C/70/Add.24

Monday, 24 January, 2005

10 a.m.-1 p.m.3-6 p.m.

Togo

CRC/C/65/Add.27

Tuesday, 25 January, 2005

10 a.m.-1 p.m.3-6 p.m.

Bolivia

CRC/C/125/Add.2

16.In accordance with rule 68 of the provisional rules of procedure, representatives of the States parties shall be invited to attend the meetings of the Committee when their reports are examined. Such representatives should be able to answer questions put to them by the Committee and make statements on reports already submitted by their State, and may also submit further information.

17.In light of articles 44 and 45 of the Convention, the Committee will adopt concluding observations and recommendations for all States parties considered at its thirty-eighth session during its last meeting, scheduled to take place on 28 January 2005 at the Palais Wilson, Geneva. Representatives of the 10 States parties that are scheduled to be considered at this session are invited to attend this public meeting. Representatives of other States parties, United Nations agencies and bodies and all other competent bodies and observers are also invited to attend this meeting.

18.In accordance with rule 68 of the Committee’s provisional rules of procedure, the Secretary-General has notified the States parties concerned of the opening date, duration and place of the thirty-eighthsession of the Committee, at which their respective reports will be examined, and has invited them to send representatives to attend the meetings of the Committee at which their reports will be examined.

Item 6.Cooperation with other United Nations bodies, specializedagencies and other competent bodies

19.Under this item, the Committee may wish to pursue its discussion of ways and areas in which existing cooperation with various relevant bodies could be further strengthened to enhance the promotion and protection of the rights of the child.

Item 7. Methods of work of the Committee

20.Under this item, the Committee may wish to pursue its discussion concerning the organization of its future work, as well as the procedure to be followed in the consideration of reports by States parties and their follow-up, including where necessary areas identified for technical assistance.

21.The Committee will have before it a note by the secretariat containing a compilation of the conclusions and recommendations adopted by the Committee at its first to twenty‑ninth sessions (CRC/C/19/Rev.10).

Item 8. General comments

22.Under this item, the Committee may wish to pursue the elaboration of general comments based on the various principles and provisions of the Convention.

Item 9. Future meetings

23.Under this item, the Committee will be informed of any developments relating to the schedule of its future meetings.

Item 10. Other matters

24.Under this item, members may wish to discuss such other matters relating to the work of the Committee as may be necessary.

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