HUMAN RIGHTS COMMITTEE CONCLUDES FIFTY-FIFTH SESSION AT GENEVA, 16 OCTOBER - 3 NOVEMBER

7 November 1995

Press Release
HR/CT/448

HUMAN RIGHTS COMMITTEE CONCLUDES FIFTY-FIFTH SESSION AT GENEVA, 16 OCTOBER - 3 NOVEMBER

19951107 Examines Reports of Estonia, Sweden, United Kingdom

GENEVA, 3 November (UN Information Service) -- The compliance of States parties' domestic legislation with the International Covenant on Civil and Political Rights and its implementation were examined by the Human Rights Committee as it considered the reports of Estonia, Sweden, and the United Kingdom relating to Hong Kong during its three-week session that ended today. The Committee also focused on citizens' voting rights in free and fair elections and their participation in the conduct of public affairs, affirmative electoral rules to favour women and minorities, gender equality, racism and xenophobia, and the rights of asylum-seekers.

As it examined the fourth periodic report of the United Kingdom on the situation in Hong Kong, the Committee expressed concern with regard to the effective applicability of the Covenant in that territory once its sovereignty was transferred to China on 1 July 1997. Issues of discrimination against women and police brutality, as well as of the maltreatment of Vietnamese refugees in detention camps, also drew the attention of the members. The absence of an electoral system based on the principle of universal suffrage and on equality was also the subject of comment by experts on the Committee.

On the initial report of Estonia, Committee members regarded as intolerable the non-citizenship of 28 per cent of the population and their exclusion from holding public office. The Committee recommended that Estonia accede to the Second Optional Protocol to the Covenant with a view to the abolition of capital punishment. Overcrowded prisons and prolonged detention of refugees in that country also raised members' concern.

The Committee expressed concern over the rise of racism and xenophobia in Swedish society. Attention was also given to the matter of administrative detention of asylum-seekers and the expulsion of aliens from Swedish territory on grounds of suspected terrorist involvement. However, the Committee expressed appreciation for Sweden's human rights record and its commitment to promoting gender equality.

The Committee decided to postpone consideration of the report of Afghanistan until its fifty-seventh session, to be held in Geneva in July 1996, because of the absence of a delegate who was supposed to respond to questions by members. The Committee requested the Government of Afghanistan to submit a report before that session.

Also during the session, the Committee continued to work on its draft general comment on article 25 of the Covenant. That article recognizes and protects the right of every citizen to take part in the conduct of public affairs, the right to vote and to be elected, and the right to have access to public services. Whatever the form of constitution or government of a State, the Covenant requires the State party to adopt legislative and other measures to ensure that citizens had an effective opportunity to enjoy those protected rights. The Committee prepares comments based on various articles of the Covenant to promote implementation, clarify its provisions and assist States parties in fulfilling their reporting obligations.

In other action, under the provisions of the first Optional Protocol to the Covenant, the Committee examined communications from individuals who alleged that their rights under the Covenant had been violated. All consideration of such communications is confidential and takes place in closed meetings.

In opening the session, José Ayala Lasso, United Nations High Commissioner for Human Rights, underlined that the new partnership between men and women based on the sharing of power and of responsibilities ensuring the active role of women in both public and private sectors should be the principal objective to be achieved. The interests of women should be taken into account, in an effective manner, at the national level and in United Nations organs, particularly those working for the protection and promotion of all human rights, whether civil, cultural, economic, political or social.

The next session of the Human Rights Committee is scheduled for 18 March to 5 April 1996 in New York. The Committee is then expected to review the reports of Spain, Peru, Guatemala, Zambia and Mauritius.

Observations of Committee

In its concluding observations on the report of the United Kingdom relating to Hong Kong (CCPR/C/79/Add.57), the Committee expressed concern over the investigative procedure in respect of alleged human rights violations by the police. It noted that the investigation of such complaints remained within the police force itself rather than being carried out in a manner that ensured its independence and credibility. The Committee recommended that the task of investigation into abuse of authority by members of the police force should be entrusted to an independent mechanism.

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The situation of women in Hong Kong, particularly the high level of violence and the absence of adequate punitive or remedial measures, was another concern. The Committee regretted that the Sexual Discrimination Ordinance had significant exemptions and that its application was limited to discrimination based on gender and marriage and did not prohibit discrimination on grounds of age, family responsibility or sexual preference.

The Committee also expressed concern that many Vietnamese asylum-seekers were subjected to long-term detention and that many were living under deplorable conditions. It was particularly alarmed about the situation of children living in camps who were deprived of enjoyment of the rights under the Covenant. The Committee further expressed concern at the conditions under which deportations and removals of non-refugees of Vietnamese origin were carried out.

The Committee considered that the electoral system of Hong Kong did not meet the requirements of article 25 of the Covenant. The fact that only 20 of 60 seats in the Legislative Council were subject to direct popular election and that the concept of functional constituencies, which gave undue weight to the views of the business community, discriminated among voters on the basis of property and functions. The law depriving convicted persons of their voting rights for periods of up to ten years was found to be a disproportionate restriction of the rights protected by the Covenant.

The Committee recommended that the State party reconsider its decision on the establishment and competence of a Human Rights Commission. It also recommended that deficiencies in the Sexual Discrimination Ordinance be overcome by appropriate amendments; that the Government take immediate steps to ensure that living conditions in Vietnamese refugee detention centres be improved; and that immediate steps be taken to ensure that the electoral system be made to conform with the relevant articles of the Convention.

The Committee requested the Government of the United Kingdom to submit a brief report, by 31 May 1996, on new developments with regard to the enjoyment of human rights in Hong Kong.

In its observations on the report of Estonia (CCPR/C/79/Add.59), the Committee expressed concern that a significantly large segment of the population, particularly members of the Russian-speaking minority, were unable to enjoy Estonian citizenship because of the rigidity of the requirements for naturalization. It was also concerned that permanent residents who were non-citizens were deprived of a number of rights, such as the right to own property and the right to practice some occupations.

The Committee was also concerned that the death penalty could still be imposed in Estonia for crimes which could not be qualified as the most serious. Moreover, it noted with concern that, despite the drafting of a new Criminal Code, recent amendments had added two more crimes to the list of

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those subject to capital punishment. Government was urged to reduce substantially the number of crimes for which the death penalty might be imposed.

The Committee recommended that the Government of Estonia adopt domestic legislation governing the treatment of asylum-seekers by seeking assistance from international organizations. Estonia's accession to the 1951 Refugees Convention was also recommended. The Committee further recommended that human rights education be provided in school at all levels and comprehensive human rights training be given to all segments of the population, including law enforcement officers and all persons involved in the administration of justice.

With regard to the report of Sweden (CCPR/C/79/Add.58), the Committee expressed concern about the rise of racism and xenophobia within Swedish society and about the high rate of racist crimes and the increase of racist behaviour among the younger part of the population. It strongly urged the Government to take appropriate measures to fight the emergence of racist and xenophobia attitudes among some elements of the society.

The length of detention of illegal immigrants, asylum-seekers and persons subject to expulsion was another cause of concern. The Committee urged Sweden to review its legislation governing asylum-seekers and the expulsion of aliens in order to limit the possibility and extent of detention. However, it noted with appreciation Sweden's high level of achievement with regard to the protection of the rights guaranteed in the Covenant.

International Covenant on Civil and Political Rights

Adopted by the General Assembly in 1966, the Covenant on Civil and Political Rights entered into force 10 years later. Its first article states that all peoples have the right to self-determination. It recognizes, among other things, the rights to life, liberty and security of the person. It prohibits torture, cruel or degrading treatment or punishment and the arbitrary deprivation of life. It states that anyone arrested is to be informed of the reasons for the arrest, and anyone arrested or detained on a criminal charge is to be brought promptly before a judge or other legally authorized person.

The Covenant also enshrines the right to freedom of movement and places limitations on the expulsion of aliens present lawfully in the territory of a State party. In addition, it recognizes the rights to freedom of thought, conscience and religion, and to freedom of expression. It prohibits any war propaganda or advocacy of national, racial or religious hatred.

States parties are required to submit an initial report within one year of ratifying the Covenant, and periodic reports every five years thereafter.

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States Parties to Covenant

The following 132 States have ratified or acceded to the Covenant: Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Ethiopia, Federal Republic of Yugoslavia (Serbia and Montenegro), Finland, France, Gabon, Gambia, Georgia, Germany, Grenada, Guatemala, Guinea, Guyana, Haiti, Hungary, Iceland, India and Iran.

Other parties are: Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kenya, Kyrgystan, Latvia, Lebanon, Lesotho, Libya, Lithuania, Luxembourg, Madagascar, Malawi, Mali, Malta, Mauritius, Mexico, Moldova, Mongolia, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Rwanda, Saint Vincent and the Grenadines, San Marino, Senegal, Seychelles, Slovak Republic, Slovenia, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, United States, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zaire, Zambia and Zimbabwe.

Optional Protocols to Covenant

The First Optional Protocol to the Covenant provides for the confidential consideration of communications from individuals who claim to be victims of a violation of any of the rights proclaimed in the Covenant. No communications can be received by the Committee unless they concern a State party to the Covenant which is also a party to the Optional Protocol.

The following 85 States are parties to the First Optional Protocol: Algeria, Angola, Argentina, Armenia, Australia, Austria, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Bulgaria, Cameroon, Canada, Central African Republic, Chad, Chile, Colombia, Congo, Costa Rica, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Equatorial Guinea, Estonia, Finland, France, Gambia, Georgia, Germany, Guinea, Guyana, Hungary, Iceland, Ireland, Italy, Jamaica, Kyrgystan, Latvia, Libya, Lithuania, Luxembourg, Madagascar, Malta, Mauritius, Mongolia, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Saint Vincent and the Grenadines, San Marino, Senegal, Seychelles, Slovak Republic, Slovenia, Somalia, Spain, Suriname, Sweden, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Ukraine, Uruguay, Uzbekistan, Venezuela, Zaire and Zambia.

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The Second Optional Protocol to the Covenant, which aims at the abolition of the death penalty, was adopted by the General Assembly on 15 December 1989 and entered into force on 11 July 1991. It has been ratified or acceded to by 29 States: Australia, Austria, Croatia, Denmark, Ecuador, Finland, Germany, Hungary, Iceland, Ireland, Italy, Luxembourg, Malta, Mozambique, Namibia, Netherlands, New Zealand, Norway, Panama, Portugal, Romania, Seychelles, Slovenia, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Uruguay and Venezuela.

The Committee is also mandated, under article 41 of the Covenant, to consider communications from a State party alleging violation of the Covenant's provisions by another State party. This procedure can be applied when both States recognize this competence of the Committee by a relevant declaration. So far, the following 45 States have done so: Algeria, Argentina, Australia, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Czech Republic, Chile, Congo, Croatia, Denmark, Ecuador, Finland, Gambia, Germany, Guyana, Hungary, Iceland, Ireland, Italy, Luxembourg, Malta, Netherlands, New Zealand, Norway, Peru, Philippines, Poland, Republic of Korea, Russian Federation, Senegal, Slovakia, Slovenia, Spain, Sri Lanka, Sweden, Switzerland, Tunisia, Ukraine, United Kingdom, United States and Zimbabwe.

Committee Membership, Officers

The Committee's 18 expert members are elected by the States parties to the Covenant for a term of four years. Article 28 of the Covenant requires that "they shall be persons of high moral character and recognized competence in the field of human rights".

The current members are: Francisco José Aguilar Urbina, of Costa Rica; Nisuke Ando, of Japan; Tamás Bán, of Hungary; Prafullachandra Natwarlal Bhagwati, of India; Marco Tulio Bruni Celli, of Venezuela; Thomas Buergenthal, of the United States; Christine Chanet, of France; Omran El-Shafei, of Egypt; Elizabeth Evatt, of Australia; Laurel Francis, of Jamaica; Eckart Klein, of Germany; David Kretzmer, of Israel; Rajsoomer Lallah, of Mauritius; Andreas V. Mavrommatis, of Cyprus; Cecilia Medina Quiroga, of Chile; Fausto Pocar, of Italy; and Julio Prado Vallejo, of Ecuador. (Elections will take place in January 1996 to replace Rosalyn Higgins, of the United Kingdom, who resigned from the Committee upon her election to the International Court of Justice.)

The officers of the Committee are: Chairman, Mr. Aguilar Urbina; Vice-Chairmen, Mr. Bán, Mr. El-Shafei, and Mr. Bhagwati. The Rapporteur is Mrs. Chanet.

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