Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families

Concluding observations on the third periodic report of El Salvador *

1.The Committee considered the third periodic report of El Salvador at its 520th, 522nd and 524th meetings, held on 30 and 31 March and 3 April 2023, and adopted the present concluding observations at its 530th meeting, held on 6 April 2023.

A.Introduction

2.The Committee welcomes the submission of the State party’s third periodic report, which was prepared in response to the list of issues prior to submission of the report, as well as the additional information provided during the dialogue by the delegation, headed by the Deputy Minister for the Diaspora and Human Mobility of the Ministry of Foreign Affairs, Cindy Mariella Portal, and composed of representatives of the Legal Secretariat of the Office of the Presidency, the Ministry of Labour and Social Security, the Directorate General for Migration and Alien Affairs, the Ministry of Economic Affairs, the Ministry of Education, the Ministry of Finance, the Ministry of Justice and Public Security, the Ministry of Culture, the Ministry of Defence, the Ministry of Health, the Legislative Assembly, the Office of the Attorney General of the Republic, the Office of the Counsel General of the Republic, the National Civil Police, the National Council for Early Childhood, Childhood and Adolescence, the Salvadoran Institute for the Advancement of Women, the Directorate for Prisons, the National Directorate for Restoring the Social Fabric, the Salvadoran Social Security Institute, the Salvadoran Vocational Training Institute, the Public Information Institute, the Inspectorate of the Banking System, the Supreme Electoral Court, the National Registry, the National Registry of Natural Persons and the Deputy Permanent Representative and Chargé d’affaires ad interim of El Salvador to the United Nations Office and other international organizations in Geneva, as well as representatives of the Permanent Mission.

3.The Committee appreciates the open and constructive online dialogue held with the high-level delegation, the extensive information provided by the State party’s representatives and the constructive approach to the meetings, which permitted collaborative analysis and reflection. The Committee is also grateful for the replies and additional information submitted within 24 hours of the dialogue.

4.The Committee recognizes that El Salvador, as a country of origin of migrant workers, has made efforts to protect the rights of its nationals abroad, despite the fact that the State party is facing a complex situation owing to an increased outwards migratory flow over the last decade. The Committee notes with concern that, as a country of origin, transit and return, the State party continues to face a number of challenges in respect of the protection of the rights of migrant workers and members of their families.

B.Positive aspects

5.The Committee welcomes the State party’s efforts and the implementation of measures aimed at promoting and protecting the rights of migrant workers and members of their families, especially the adoption of the Growing Together Act for the comprehensive protection of early childhood, children and adolescents (2023) and the Special Act on Migration and Alien Affairs (2019). The Committee also notes:

(a)The 2022 Building Migration Partnerships Programme for the implementation of the Global Compact for Safe, Orderly and Regular Migration;

(b)The adoption in 2020 of the Special Act for the Comprehensive Care and Protection of Persons in Situations of Forced Internal Displacement;

(c)The State party’s accession in 2019 to the comprehensive regional protection and solutions framework in application of the comprehensive refugee response framework, and the adoption of a national action plan;

(d)The establishment in 2017 of the Comprehensive Care Centre for Migrants, the formulation of the National Policy for the Protection and Advancement of Salvadoran Migrants and Their Families and the adoption of a protocol for the protection and care of Salvadoran child and adolescent migrants;

(e)The adoption in 2014 of the Special Act against Trafficking in Persons.

6.The Committee also welcomes the ratification of the following international human rights and other relevant instruments:

(a)The International Labour Organization (ILO) Social Security (Minimum Standards) Convention, 1952 (No. 102), the ILO Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), the ILO Collective Bargaining Convention, 1981 (No. 154), the ILO Maternity Protection Convention, 2000 (No. 183), and the ILO Violence and Harassment Convention, 2019 (No. 190), all in 2022;

(b)The Optional Protocol to the Convention on the Rights of the Child on a communications procedure, in 2015;

(c)The Rome Statute of the International Criminal Court, in 2016;

(d)The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, in 2014.

7.The Committee views positively the State party’s vote in favour of the Global Compact for Safe, Orderly and Regular Migration adopted by General Assembly resolution 73/195, and recommends that the State party continue to lead efforts for its implementation, within the framework of the international obligations contained in the Convention, given that both international instruments converge in the protection of the rights of migrant workers and members of their families.

8.The Committee notes as positive the invitation extended by the State party to the special procedures of the Human Rights Council in 2010. The Committee welcomes the delegation’s statement that the State party intends to further strengthen cooperation with United Nations human rights mechanisms, including special procedures.

9.The Committee wishes to highlight the establishment and work of a number of collegiate bodies, such as councils, working groups and committees, that have worked in coordination on programmes and projects devoted to migrants, and it acknowledges the State party’s efforts to coordinate the activities of all its institutions to comply with its obligations under the Convention. It also acknowledges the State party’s engagement in regional dialogue processes to address migratory flows in South America.

C.Principal subjects of concern and recommendations

1.General measures of implementation (arts. 73 and 84)

Current context

10.The Committee notes with concern that the state of emergency in El Salvador has been in effect for more than a year, as noted by the spokesperson of the Office of the United Nations High Commissioner for Human Rights. The Committee is aware of the security challenges posed by gang violence and the State party’s duty to ensure security in its territory. However, the Committee is seriously concerned that the methods by which the state of emergency is implemented have an impact on the enjoyment of human rights. Of particular concern is the closure of forums for participation and dialogue at the national level, the practical restrictions on the work of human rights defenders and on the exercise of social protest, and the conditions of detention of persons deprived of their liberty.

11.Recalling the concluding observations of the Committee on Economic, Social and Cultural Rights, the Committee recommends that the State party:

(a) Ensure that the exceptional measures relating to the suspension of fundamental freedoms, due process and procedural guarantees do not limit the enjoyment of human rights or restrict the work of human rights defenders;

(b) Guarantee the right of association and peaceful protest;

(c) Re-establish forums for open and constructive participation and dialogue with all stakeholders at the national level, including representatives of civil society, academia, the private sector, representatives and leaders of Indigenous Peoples and human rights defenders;

(d) Ensure that the declaration and extension of states of emergency, and the way in which states of emergency are implemented, are in accordance with the principles of temporariness, proportionality, necessity and other principles established by international human rights standards and are subject to judicial review;

(e) Ensure conditions of legality, humanity and dignity, judicial guarantees and respect for human rights in detention centres and penitentiary facilities during and after the state of emergency.

Legislation and application

12.The Committee notes that, since 2022, the State party has made progress in the drafting of the special act on human mobility and a national migration plan. However, the Committee is concerned that a process of dialogue and exchange with civil society has not been established that would allow for a transparent and participatory process for the development of either of these instruments. It also reiterates its concern that the State party has not withdrawn the declarations filed with respect to articles 32, 46, 47, 48 and 61 (4), of the Convention, which may impede the full realization of the rights of migrant workers recognized in those provisions.

13. The Committee recommends that the State party ensure that there is a space for dialogue and broad participation with civil society during the drafting of the special act on human mobility and the national migration plan, and that both meet international standards, ensuring that the provisions of the Convention are respected and avoiding setbacks in the recognition of rights that are already enshrined in existing laws and regulations. The Committee reiterates its recommendation to the State party to take the necessary measures to withdraw the declarations on articles 32, 46, 47, 48 and 61 (4) of the Convention.

Declarations and reservations

14. The Committee recommends that the State party take the necessary measures to withdraw the reservations filed with respect to article 92 (1) of the Convention in order to ensure the full enjoyment of the rights of migrant workers under the Convention.

Ratification of relevant instruments

15.The Committee notes that the State party has ratified the main human rights treaties, as well as several ILO conventions. However, it notes that the State party has yet to ratify the International Convention for the Protection of All Persons from Enforced Disappearance; the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and the ILO Private Employment Agencies Convention, 1997 (No. 181), the ILO Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the ILO Domestic Workers Convention, 2011 (No. 189), and the ILO Protocol to the Forced Labour Convention, 1930 (No. 29), as well as the 1961 Convention on the Reduction of Statelessness of the Office of the United Nations High Commissioner for Refugees.

16.The Committee recommends that the State party ratify as a matter of priority the International Convention for the Protection of All Persons from Enforced Disappearance; the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the ILO Private Employment Agencies Convention, 1997 (No. 181), Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), Domestic Workers Convention, 2011 (No. 189), and Protocol to the Forced Labour Convention, 1930 (No. 29); and the 1961 Convention on the Reduction of Statelessness.

Data collection

17.The Committee notes that the State party collects and publishes data on migration on a six-monthly or annual basis, through different institutions, and that there is no unified data system on migration capable of providing evidence-based and updated information in a timely manner. It also notes the lack of quantitative and qualitative data reflecting the number of unaccompanied children who have been trafficked and/or exploited in transit countries or along the migratory route and subsequently returned.

18. The Committee recommends that, in line with target 17.18 of the Sustainable Development Goals, and following an approach based on human rights, gender equality and non-discrimination, the State party:

(a) Establish a unified national system that systematically, reliably and efficiently collects data on the situation of migrant workers in the State party, providing disaggregated statistics on documented and undocumented migrants and their families, migrant workers in transit, nationals working abroad and returning nationals, as well as children migrating abroad, including unaccompanied children and spouses and children of migrant workers who remain in the State party;

(b) Ensure that the personal information of migrant workers and their families is protected, so that personal data are not used for migration control and do not serve as a basis for discrimination in public or private services.

Independent monitoring

19.The Committee notes with satisfaction the establishment of a deputy advocate’s office responsible for defending the rights of migrants and ensuring citizen safety. However, the Committee is concerned about the limited cooperation between the Office of the Human Rights Advocate and civil society organizations and human rights defenders, as well as the fact that the appointment and designation process for decision-making positions in this institution is not clear, transparent, participatory and competitive.

20. The Committee recommends strengthening and systematizing cooperation between the Office of the Human Rights Advocate and civil society organizations and human rights defenders, as well as establishing a clear, transparent, participatory and competitive process, regulated by law, for appointments and designations to decision-making positions, in order to promote the Office ’ s independence and functioning, in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles).

Training on and dissemination of information about the Convention

21.The Committee takes note of the training activities aimed at building the capacities of public servants in the area of human rights. However, the Committee is concerned that there is insufficient training, communication and awareness-raising about the Convention within the executive and judicial branches, and among departmental and local authorities, border authorities, and police, labour inspection and social service personnel.

22. The Committee recommends that the State party:

(a) Strengthen and expand education and training programmes on Convention rights for officials from institutions that are responsible for migration issues, including law enforcement officials, border authorities, labour inspectors, judges, prosecutors and departmental and local authorities;

(b) Use effective mechanisms to evaluate the impact of training and ensure that the Convention and the Committee ’ s general comments are more frequently invoked by defence lawyers in appealing cases and by judges in rendering judgments.

Participation of civil society

23.The Committee notes the low level of participation by civil society in the implementation of the Convention, including in preparing the State party’s national reports, as well as the limited dialogue and coordination on decisions and laws that affect migrant workers and their families.

24. The Committee recommends that the State party take concrete measures, particularly by reviewing and amending the relevant legislation, to strengthen dialogue with civil society organizations, including organizations serving migrants and the Salvadoran diaspora, in particular when preparing the national report. The State party is also recommended to ensure effective and independent participation by civil society in the implementation of the Convention, the recommendations contained in the present concluding observations and the monitoring thereof.

2.General principles (arts. 7 and 83)

Non-discrimination

25.The Committee is concerned that there are no public policies or specific strategies to combat hate crimes, violence, xenophobia and discrimination against migrant workers and their families and that despite the existence of certain provisions in the legislation on equal conditions for people in the national territory, in practice the migrant population is treated differently. In addition, although article 18 of the Special Act on Migration and Alien Affairs establishes that foreign nationals, from the moment they enter the national territory, will enjoy the same rights and guarantees as nationals, it states that those rights established as exceptions under the Constitution of the Republic and secondary legislation, especially political rights, will not be recognized.

26. The Committee recommends that the State party:

(a) Intensify its efforts to ensure that all migrant workers and members of their families within its territory or subject to its jurisdiction enjoy the rights recognized in the Convention without any discrimination, in accordance with article 7, for example by creating specific strategies to combat hate crimes, violence, xenophobia and discrimination against migrant workers and their families and by bringing the regulatory frameworks in force and those currently being developed, such as the special act on human mobility, into line with the Convention;

(b) Consider amending article 3 of the Constitution to include explicit guarantees of equality and non-discrimination for all persons, without distinction as to race, colour, sex, language, religion, political or other opinion, national or social origin, financial status, birth or other status.

Right to an effective remedy and access to justice

27.The Committee reiterates its concern about the limited access to justice for migrant workers, regardless of their immigration status, owing to a lack of knowledge of the administrative and judicial remedies available to them to file complaints and receive effective reparations and a lack of trust in the national authorities, since under the state of emergency the Government has granted the National Civil Police and the armed forces greater powers to use force against suspected gang members and the judiciary greater scope to target and prosecute them as possible suspects.

28. Based on the standards established by this Committee, the State party is recommended to:

(a) Take measures to facilitate access to justice for all migrant workers and their family members, including by removing the obstacles that prevent them from reporting abuses and violations;

(b) Launch information campaigns on the administrative and judicial remedies available for filing complaints and receiving reparations;

(c) Strengthen the capacities of front-line staff in order to increase trust in local authorities and ensure effective access to justice for migrant workers.

29.The Committee is concerned about information received on cases of migrants who are missing, deceased or victims of crimes in countries of transit or destination. The Committee notes the information provided by the State party on its cooperation with the Argentine Forensic Anthropology Team, among others, in conducting the searches and investigations relating to these cases, but regrets the lack of complete information regarding the concrete results of the investigations carried out and the follow-up provided to the victims and their relatives.

30. The Committee urges the State party to:

(a) Strengthen measures aimed at guaranteeing access to justice, including transnational justice mechanisms, for migrants and their family members in cases of Salvadoran migrants who have disappeared, died or are victims of crimes in transit or destination countries, guaranteeing their right to the truth and, in the fullness of time, to the appropriate reparation measures;

(b) Strengthen bilateral or regional cooperation guaranteeing the rights of migrants in countries of transit and destination.

3.Human rights of all migrant workers and members of their families (arts. 8–35)

Border management

31.The Committee takes note of the efforts, investment and commitment made by the State party to implement migration control within the national territory, to effectively control the entry and exit of nationals from the country and to authorize or deny the entry, transit, stay and exit of foreign nationals. However, it notes with concern that there is still a significant lack of preparedness among migration officials.

32. In accordance with the Recommended Principles and Guidelines on Human Rights at International Borders of the Office of the United Nations High Commissioner for Human Rights (OHCHR) and in compliance with the requirements of the Convention and established standards, the Committee recommends that the State party allocate sufficient human, technical and financial resources to strengthen border management, ensuring that the procedures are adequate and the facilities are equipped to provide human rights-based responses to migrants arriving at its borders and crossing its territory, and that border authorities receive training on the international human rights law relevant to their work, including the gender perspective, and implement it effectively.

Consular assistance

33.The Committee notes the progress made in improving and expanding the consular services of the State party through the establishment of the virtual consular service for the assistance and protection of the rights of migrant workers in transit and in the country of destination. However, the Committee is concerned about the lack of information on the impact of this consular service and whether the human, technical and financial resources made available to the State party’s consulates in Mexico and the United States of America are sufficient to enable them to provide migrant workers with adequate assistance and protection.

34. The Committee reiterates its previous concluding observations and recommends that the State party take the necessary steps to ensure that its consular services can effectively meet the needs of Salvadoran migrant workers and members of their families in terms of protecting their rights and providing them with assistance. Those steps should include the allocation of sufficient human resources and funding, and the development of continuing training programmes for consular officials on the Convention and other human rights treaties.

Detention

35.The Committee takes note of the information provided by the State party to the effect that there is no such procedure as immigration detention and regarding the role of the Comprehensive Care Centre for Migrants. However, the Committee notes with concern that the legislation provides for “administrative detention”. It is also concerned about the conditions under which the measure is used and its duration.

36. In the light of its general comment No. 5 (2021) on migrants ’ rights to liberty and freedom from arbitrary detention and their connection with other human rights, the Committee urges the State party to:

(a) Guarantee migrants ’ right to liberty in the context of migration procedures and, if necessary, adopt alternatives to administrative detention for the benefit of migrant workers and members of their families in the context of procedures for entry into the country or deportation or expulsion from the national territory;

(b) In the event that migration detention is resorted to as an exceptional measure of last resort, ensure adequate and decent conditions in the places where it is served , for the shortest possible period of time and, where relevant, the effective separation of migrants in administrative detention from those who are under criminal investigation.

Transfer of earnings and savings by migrants at the end of their stay

37.The Committee takes note of the implementation of the Transfer 365 system, the National Financial Education Strategy and the approval of the Bitcoin Act (2021), which provides for remittances to be received from abroad through the Chivo Wallet. However, it is concerned about the cost of the remittance transfer services available in the country.

38. The Committee recommends that the State party continue its efforts to facilitate the transfer of migrant workers ’ earnings and savings and work with the remittance transfer service providers available in the country to make such services more affordable on a permanent basis.

Right to be informed and dissemination of information

39.The Committee notes the efforts made by the State party to ensure the provision of guidance to potential migrants, migrants in transit and returnees, with the objective of directing individuals to existing government services and bringing the risks of irregular migration to the attention of communities. However, the Committee is concerned about the lack of dissemination of information on migrants’ rights in the State party and the fact that the information that does exist is only in Spanish.

40. The Committee recommends that the State party take appropriate measures to disseminate information on the rights of migrant workers under the Convention, conditions of admission and employment and rights and obligations under the law. The Committee also recommends that the State party continue to develop targeted awareness-raising programmes and programmes providing pre-departure information, particularly in consultation with relevant non-governmental organizations, migrant workers and their families, and recognized and reliable recruitment agencies.

4.Other rights of migrant workers and members of their families who are documented or in a regular situation (arts. 36–56)

Freedom of movement and right to choose residence

41.The Committee notes with concern the high number of internally displaced persons, as well as the challenges in providing them with adequate protection and assistance.

42. Recalling the concluding observations of the Committee against Torture, the Committee recommends that the State party strengthen legislative measures and policies to assist and protect persons who are displaced on its territory as a result of the situation of violence and insecurity in the country.

5.Promotion of sound, equitable, humane and lawful conditions in connection with the international migration of workers and members of their families (arts. 64–71)

Migrant children and adolescents

43.The Committee notes the measures taken by the State party for the protection of migrant, unaccompanied and/or separated children and adolescents, including the issuance of border transit permits for children and adolescents who live in border regions, the publication of the Protocol for the Protection and Care of Salvadoran Migrant Children and Adolescents (2018) with the support of the International Organization for Migration, and the development of the National Policy for the Comprehensive Protection of Children and Adolescents 2013–2023. However, the Committee is concerned about the lack of information on measures for the adequate identification and protection of unaccompanied children and adolescents in transit, who are at risk of falling victim to abuse and violations along the migratory route.

44. The Committee recalls joint general comment No. 3 of the Committee/No. 22 of the Committee on the Rights of the Child (2017) and joint general comment No. 4 of the Committee/No. 23 of the Committee on the Rights of the Child (2017) and encourages the State party to continue its efforts to pay adequate attention to the situation of unaccompanied migrant children, in accordance with the principle of the best interests of the child. In particular, the Committee recommends that the State party:

(a) Strengthen its cooperation with transit and destination countries to ensure that unaccompanied migrant children who have been victims of crimes receive adequate protection and specialized care tailored to the particular needs of each case;

(b) Strengthen its cooperation with transit and destination countries to ensure that unaccompanied migrant children are not detained for irregular entry into transit and/or destination countries, without exception, that those minors who are accompanied by their families are not separated from them and that families are housed, when necessary, in rights protection centres;

(c) Strengthen its cooperation with countries of transit and destination so that the repatriation of unaccompanied minors to the State party only takes place in those cases in which it is in the best interests of the child and after having determined that safe and effective support and custody arrangements exist upon return, as part of a procedure with due guarantees.

Return and reintegration

45.The Committee welcomes the Cuscatlán Plan and its strategic objective 3.1 (enhance the capacity to assist Salvadoran migrants and the quality of that assistance), the establishment of the Migrant Support Office, the implementation of the “Welcome Home” (Bienvenido a casa) programme, the Returnees Support and Reintegration Programme and the introduction of a protocol to assist women returnees. However, the Committee is concerned about the lack of detailed information on the impact of these programmes in terms of the economic, social and cultural reintegration of returnees and preventing them from migrating again.

46. The Committee recommends that the State party, in accordance with article 67 of the Convention and target 10.7 of the Sustainable Development Goals, intensify its efforts to amend the support programmes for returning Salvadoran migrant workers to bring them into line with the principles of the Convention, in particular with a view to assisting returning migrants with long-term reintegration into the economic, social and cultural fabric of El Salvador.

Human trafficking

47.The Committee takes note of the Special Act against Trafficking in Persons (2015) and the National Council Against Trafficking in Persons, which formulates the National Policy on Trafficking in Persons and launches the national action plan. However, the Committee is concerned about gaps in the system, including in relation to the training of officials, the identification and protection of victims, the prosecution of the trafficker and access to the justice system. It is also concerned about the lack of technical and financial resources to implement existing anti-trafficking regulations and campaigns, such as the Blue Heart Campaign against Human Trafficking.

48. In accordance with the Convention and the OHCHR Recommended Principles and Guidelines on Human Rights and Human Trafficking, the Committee recommends that the State party:

(a) Expand specialized services for victims of trafficking, including shelters;

(b) Develop and implement procedures to identify victims belonging to vulnerable groups, such as commercial sex workers, children detained for gang-related illegal activities and returning irregular migrants, and refer them to service providers for assistance;

(c) Increase and institutionalize anti-trafficking training for police officers, prosecutors and judges, with an emphasis on the application of victim-centred procedures;

(d) Redouble efforts to investigate, prosecute and convict traffickers, including complicit officials, and provide redress to victims;

(e) Provide reintegration services that contribute to the long-term well-being of victims and extend witness protection services beyond the duration of the trial, especially for victims testifying against members of organized crime groups;

(f) Amend the Special Act against Trafficking in Persons to include a definition of trafficking in persons that is in line with the Convention and international law;

(g) Generate and allocate resources to the national action plan and existing campaigns to combat trafficking;

(h) Expand prevention measures, including by raising awareness of fraudulent labour recruitment within the State party and abroad and enforcing laws against illegal labour practices that facilitate trafficking.

Measures relating to migrant workers in an irregular situation

49.The Committee takes note of the information campaigns that have been launched to raise awareness among Salvadorans about the risks of irregular migration, including the “Piénsalo dos veces” (Think twice) campaign. However, the Committee is concerned about the increase in the smuggling of migrants in transit through the Salvadoran territory. The Committee is also concerned about the inadequate mechanisms for detecting irregular movements of migrant workers and their families, and for investigating and punishing those responsible for the crime of migrant smuggling.

50.The Committee recommends that the State party strengthen existing mechanisms to detect, prevent and eliminate irregular movements of migrant workers. Existing mechanisms to investigate, prosecute and punish persons responsible for the crime of migrant smuggling should also be strengthened. The Committee urges the State party to step up information campaigns aimed at the general population at the local level on the risks of irregular migration and to continue to provide assistance to Salvadoran migrant workers in transit countries.

6.Dissemination and follow-up

Dissemination

51. The Committee requests the State party to ensure the timely dissemination of the present concluding observations, in the official languages of the State party, to the relevant State institutions, including to government ministries, the legislature, the judiciary and the competent local authorities, as well as to non-governmental organizations and other members of civil society.

Technical assistance

52. The Committee recommends that the State party further avail itself of international and intergovernmental assistance for the implementation of the recommendations contained in the present concluding observations in line with the 2030 Agenda for Sustainable Development. It also recommends that the State party continue its cooperation with specialized agencies and programmes of the United Nations.

Follow-up to concluding observations

53. The Committee requests the State party to provide, within two years, written information on the implementation of the recommendations contained in paragraphs 13 (legislation and application), 28 and 30 (right to an effective remedy and access to justice) and 44 (migrant children and adolescents) of the present document .

Next periodic report

54.The Committee requests the State party to submit its fourth periodic report by 1 May 2028. The Committee will adopt a list of issues prior to reporting under the simplified reporting procedure at one of its sessions preceding this date, unless the State party explicitly opts for the traditional reporting procedure for its fourth periodic report. The Committee draws the State party ’ s attention to its harmonized guidelines for reporting to the treaty bodies.