HUMAN RIGHTS COMMITTEE CONCLUDES REVIEW OF REPORT ON HONG KONG
Press Release
HR/CT/439
HUMAN RIGHTS COMMITTEE CONCLUDES REVIEW OF REPORT ON HONG KONG
19951024 GENEVA, 20 October (UN Information Service) -- The Human Rights Committee this afternoon concluded its examination of the fourth periodic report of the United Kingdom relating to Hong Kong. The Committee examined the report in line with that State party's compliance with the International Covenant on Civil and Political Rights.A strong and independent judiciary committed to human rights was advocated by several experts, and others called for change in the electoral system which gave rise to discrimination against women. The actual electoral system in Hong Kong was not based on universal suffrage and, in addition, rural elections gravely affected the rights of women. Respect for gender equality was also called for.
Many experts regretted that the Hong Kong legal system did not satisfy the obligations enshrined under article 25 of the Covenant in matters of the participation of the citizens in public affairs. Members also urged the Hong Kong authorities to eradicate police misconduct through independent investigations.
Speakers, hoped for a peaceful and smooth transition when sovereignty over Hong Kong was transferred to China on 1 July 1997. They also hoped that human rights would be respected before and after the transitional period.
In a statement, the Chairperson, FRANCISCO JOSE AGUILAR URBINA (Costa Rica), said the Human Rights Committee had taken the view that human rights treaties devolved with territory, and that States continued to be bound by the obligations under the Covenant entered into by the predecessor State. Once the people living in a territory found themselves under the protection of the International Covenant on Civil and Political Rights, such protection could not be denied to them by virtue of the territory coming within the jurisdiction of another State.
When the Committee reconvenes on 23 October, it will take up the initial report of Estonia.
Concluding Remarks by Committee Members
Most members emphasized that a strong and independent judiciary committed to human rights was absolutely essential, because the only mechanism for enforcement of human rights was the judiciary. Unless there were a judiciary which was totally independent in its appreciation of human rights values, those rights would remain merely paper documents. The bringing into force of the anti-sex-discrimination ordinance and the establishment of the equal opportunity commission were both welcomed by experts.
The question of the continued applicability of the Covenant after 1 July 1997 and the validity of functional constituencies were among the main concerns of the experts. The functional constituencies were a clear violation of articles 25 (b) and 26, resulting in denial of democracy based on the one- person, one-vote principle, they said. The United Kingdom was urged to change the electoral process at the earliest time so as to bring it in line with democratic norms. Many members of the Committee welcomed the intention of the United Kingdom Government to continue to press for the full and satisfactory resolution of the issue. Several expressed the desire to receive reports by the United Kingdom relating to Hong Kong before the date of transfer.
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