HUMAN RIGHTS COMMITTEE CONCLUDES FIFTY-SIXTH SESSION AT HEADQUARTERS, 18 MARCH-4 APRIL

8 April 1996

Press Release
HR/CT/472

HUMAN RIGHTS COMMITTEE CONCLUDES FIFTY-SIXTH SESSION AT HEADQUARTERS, 18 MARCH-4 APRIL

19960408 Discusses Reports of Five States Parties to Civil, Political Rights Covenant; Draft General Comment on Public Affairs also Considered

Actions taken by Mauritius, Spain, Zambia, Guatemala and Nigeria to implement the International Covenant on Civil and Political Rights were among the matters reviewed by the Human Rights Committee during its current session, which began on 18 March and concluded Thursday afternoon, 4 April. It deferred consideration of Peru's third periodic report to its July session, at that country's request.

The Committee also continued a reading of its draft general comment on Article 25 of the Covenant, which concerns the right to take part in public affairs, to vote or be elected, and to have access to public service. In several closed meetings, it also considered communications from individuals claiming to be victims of violation of rights protected by the Covenant, as provided for under the Covenant's First Optional Protocol.

A good deal of interest focused on the initial report of Nigeria, which was submitted in response to a special request by the Committee. That request was made following the execution last year of Ken Saro-Wiwa and other members of the Movement for the Survival of the Ogoni People, after a tribunal proceeding which was seen as not being in conformity with Covenant requirements.

At the present session, the Committee urgently recommended that Nigeria immediately suspend all decrees establishing special tribunals or otherwise abrogating fundamental rights. It urgently recommended that any trials before such tribunals be suspended immediately and urgent steps be taken to ensure that persons facing trial are afforded all the guarantees to a fair trial and to having their conviction and sentence reviewed by a higher tribunal.

With reference to Guatemala, the Committee urged that respect for human rights should be institutionalized at all levels of the Government and should be recognized as an essential element of the process of national reconciliation and reconstruction. It urged that the United Nations Human

Rights Verification Mission in Guatemala (MINUGUA) continue its activities until it was able to certify that it has fully discharged its human rights mandate.

Expressing concern at the detention of two journalists for contempt of the National Assembly in Zambia, the Committee stressed that use of the criminal process to ensure accountability of the press is not compatible with the Covenant. Concerned about de jure and de facto discrimination against women stemming from traditional attitudes, it recommended that Zambia ensure equality through comprehensive laws covering both private and public spheres.

With respect to the report of Spain, the Committee was concerned that bloody attacks by terrorist groups continued to affect the implementation of the Covenant. It invited the State party to take the necessary steps, including educational measures and information campaigns, to avert racist and xenophobic tendencies which were re-emerging in the country.

Addressing the situation in Mauritius, the Committee recommended that the State party reconsider its legislation on the publication of false news. If the State party considered it necessary to impose restrictions on publications and films, those bans should be consistent with the Covenant provisions on freedom of expression, the Committee held.

At its meeting this morning, the Committee approved the work programme for its July session. At that time, it will consider the initial reports of Brazil and Switzerland; the third report of Peru; and continue consideration of Nigeria's initial report. If Afghanistan's third report is received by 31 May, it will try to accommodate that during the July session. Denmark and Gabon will be on the reserve list, for possible consideration.

According to Committee Secretary Eric Tistounet, 17 reports remain to be considered by the Committee. There are 112 overdue reports, involving 89 States parties -- representing more than two thirds of the 132 parties to the Covenant.

Committee Recommendations

In its preliminary concluding observations on the initial report by Nigeria (document CCPR/C/79/Add.64), the Committee notes that, on 29 November 1995, it asked Nigeria to submit its report without further delay, as the Committee was "deeply concerned by recent executions after trials that were not in conformity with provisions". The Committee now notes "fundamental inconsistencies between the obligations undertaken by Nigeria under the Covenant .. and the implementation of those rights". It cites, in particular, such violations as incommunicado detention for an indefinite period and the suppression of habeas corpus.

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The establishment by presidential decree of special tribunals which exclude free choice of a lawyer and did not permit appeals also violates the Covenant, the Committee continues. "The failure to respect these guarantees has led to the arbitrary deprivation of life of Ken Saro-Wiwa and the other co-accused" members of the Movement for the Survival of the Ogoni People. It also appears that there have not been any serious investigations into allegations or torture, ill-treatment or conditions of detention, which raises serious issues under the Covenant.

The Committee makes a number of urgent recommendations. It recommends in particular that all decrees establishing special tribunals or ousting normal constitutional guarantees of fundamental rights or the jurisdiction of the normal courts be abrogated and that any trials before such special tribunals be suspended immediately. It recommends that urgent steps be taken to ensure that persons facing trials are afforded all the guarantees of a fair trial as provided by the Covenant, and to have their conviction and sentence reviewed by a higher tribunal.

It also requests the Government of Nigeria to inform the Committee, at its resumed consideration of the report in July, of the steps it has taken to implement these recommendations.

In its concluding observations concerning the initial report of Guatemala (document CCPR/C/79/Add.63), the Committee urges that country's Government to continue the process of national reconciliation to bring lasting peace to Guatemalan society. All measures should be taken to avoid cases of impunity and to allow the victims of human rights violations to find the truth about those acts.

Guatemala should endeavour to bring to justice perpetrators of human rights abuses, notwithstanding the positions they may have held, according to the Committee. Persons found guilty of having committed human rights violations should be permanently expelled from the armed forces or the security forces and punished accordingly. Immediate steps should be taken to disband paramilitary and other groups, particularly the Civil Self-defence Patrols.

Stringent measures must be taken to protect street children and stern measures must be taken to punish those found guilty of acts of violence against minors, especially against those who endure hard living conditions. The Committee urges that violence, especially within the home, and acts of discrimination against women, such as sexual harassment in the workplace, be established as punishable crimes.

Further measures should be taken to ensure that members of indigenous groups are protected against the prevailing violence within the country and enjoy fully their rights under the Covenant, particularly with regard to

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preservation of their cultural identity, language and religion. The Committee urges that respect for human rights should be institutionalized at all levels of the Government and should be recognized as an essential element of the process of national reconciliation and reconstruction. It also urges that MINUGUA continue its activities in Guatemala until it was able to certify that it has fully discharged its mandate relating to human rights.

The Committee welcomes the willingness of the Guatemalan delegation to engage in a frank and fruitful dialogue with experts. The following factors were identified as affecting the implementation of the Covenant in Guatemala: the civil war afflicting the country for more than four decades; the fact that members of the armed forces, government officials or those with economic powers continue to take advantage of a climate of impunity; and socio-economic disparities, including discrimination against the indigenous population, women and the poor.

In its comments on the second periodic report of Zambia (document CCPR/C/79/Add.62), the Committee welcomes the introduction of a multi-party democracy in the country. However, it expresses concern over the de jure and de facto discrimination against women and regrets the lack of adequate measures to address violence against women. "The application of customary laws in matters of personal status, marriage, divorce and inheritance rights re-enforces outdated attitudes." It recommends that Zambia ensure full equality through comprehensive anti-discriminatory laws covering private and public spheres, as well as affirmative action measures, where appropriate.

Concern is expressed that the equality and non-discrimination clauses of the Constitution do not apply to non-citizens, and that individuals may not pursue judicial remedies against the President for his private actions. The Committee is particularly concerned at continued reports of torture and ill- treatment of persons deprived of their liberty, and urges the authorities to ensure that reported cases of abuses by police and security forces be investigated by independent bodies. It calls for urgent steps to reduce the number of prisoners and recommends abolition of corporal punishment and of imprisonment for civil debt.

The Committee is concerned that three journalists were found to be in contempt of the National Assembly without fair-trial guarantees and that two of them were held indefinitely. It welcomes their release and trusts that the third will not be detained. It recommends that mere criticism by journalists of government officials should not be a criminal offence. "Use of the criminal process to ensure accountability of the press for the veracity of its reports is not compatible with ... the Covenant. Robust and even harsh criticism of government figures is an essential part of free speech in a democratic country", the report states.

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Expressing concern at the indefinite detention of two journalists for contempt of Parliament in Zambia, the Committee stresses that use of the criminal process to ensure accountability of the press is not compatible with the Covenant. Concerned about de jure and de facto discrimination against women stemming from traditional attitudes, it recommends that Zambia ensure equality through comprehensive laws covering private and public spheres.

In its concluding observations on the fourth periodic report of Spain (document CCPR/C/79/Add.61), the Committee notes with concern that terrorist groups continued to perpetrate bloody attacks which result in loss of human life and affect the implementation of the Covenant. It invites Spain to take the necessary steps, including educational measures and information campaigns, to avert racist and xenophobic tendencies, which were re-emerging in the country.

Transparent and equitable procedures should be established to conduct independent investigations on complaints of ill-treatment and torture involving the security forces. Officials who were found to have committed such acts must be prosecuted and punished. Comprehensive human rights training should be provided to law enforcement officials and prison personnel. Legislative provisions which do not allow those accused of acts of terrorism to choose their lawyers should be rescinded. Spain is urged to abandon the use of incommunicado detention and invited to reduce the duration of pre-trial detention.

Experts also urge Spain to amend its legislation on conscientious objection, so that any individual wishing to claim the status of conscientious objector may do so at any time, either before or after entering the armed forces. The Committee notes with satisfaction that Spain had come a long way in the promotion of and respect for human rights, and welcomes, in particular, progress made in promoting equal opportunity for women in all sectors of public and professional life, and the inclusion in the penal code of penalties for acts of racial discrimination and xenophobia.

In its comments concerning the third periodic report of Mauritius (document CCPR/C/79/Add.60), the Committee expresses appreciation for the abolition of the death penalty in December 1995. It welcomes an amendment to the Constitution adding the category of sex to the grounds on which discrimination by laws or by public authorities is prohibited. Also welcomed is the establishment of a Human Rights Unit by the Attorney-General charged with, among other responsibilities, the preparation of reports to United Nations treaty bodies.

Concern is expressed over excepting personal laws and foreigners from the prohibition of non-discrimination in the Constitution. Experts note with concern that the problem of domestic violence has not yet been tackled with appropriate measures. Another matter of concern is that an arrested person

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could be held incommunicado at the discretion of a police officer under legislation on dangerous drugs.

The Committee recommends that the Government reconsider legislation on the publication of false news. If the State party considers it necessary to allow for some restrictions on publications and films, legislation should be introduced establishing criteria consistent with the Covenant's provisions on freedom of expression. It is suggested that as part of a planned review of industrial legislation, the Government should consider whether workers in Export Processing Zones, who include a majority of women, need additional legal protection to ensure their full enjoyment of rights guaranteed by the Covenant.

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, Finland, France, Gabon, Gambia, Georgia, Germany, Grenada, Guatemala, Guinea, Guyana, Haiti, Hungary, Iceland, India, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kenya and Kyrgyz Republic.

Also, Latvia, Lebanon, Lesotho, Libya, Lithuania, Luxembourg, Madagascar, Malawi, Mali, Malta, Mauritius, Mexico, Mongolia, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, 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, Yugoslavia, 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 if it concerns a State party to the Covenant that is not also a party to the Optional Protocol.

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The following 87 States are parties to the 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, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Equatorial Guinea, Estonia, Finland, France, Gambia, Georgia, Germany, Guinea, Guyana, Hungary, Iceland, Ireland, Italy, Jamaica, Kyrgyz Republic and Latvia.

Also, 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, Uganda, Ukraine, Uruguay, Uzbekistan, Venezuela, Zaire and Zambia.

The Human Rights Committee is also mandated, under article 41 of the Covenant, to consider communications from a State party alleging violations 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, 45 States have made the declaration under article 41. They are: Algeria, Argentina, Australia, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Chile, Congo, Croatia, Czech Republic, 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, Slovak Republic, Slovenia, Spain, Sri Lanka, Sweden, Switzerland, Tunisia, Ukraine, United Kingdom, United States and Zimbabwe.

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.

Membership of Committee

The Committee's 18 expert members are elected by the State 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". Although nominated by States, Committee members serve in their personal capacity.

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They are: Francisco José Aguilar Urbina, of Costa Rica; Nisuke Ando, of Japan; Tamas Ban, of Hungary; Prafullachandra Natwarlal Bhagwati, of India; Marco Tulio Bruni Celli, of Venezuela; Thomas Buergenthal, of the United States; Christine Chanet, of France; Lord John Mark Alexander Colville, of the United Kingdom; 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.

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

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