HUMAN RIGHTS COMMITTEE CONCLUDES FIFTY-SEVENTH SESSION GENEVA, 8-26 JULY

29 July 1996

Press Release
HR/CT/473

HUMAN RIGHTS COMMITTEE CONCLUDES FIFTY-SEVENTH SESSION GENEVA, 8-26 JULY

19960729 Issues Recommendations on Reports of Nigeria, Brazil and Peru

GENEVA, 26 July (UN Information Service) -- The Human Rights Committee, concluding its fifty-seventh session, today called for restoration of democracy in Nigeria and an end to human rights abuses by security forces in Brazil and Peru.

In the course of the three-week meeting, the 18-member Committee reviewed reports submitted by those countries on efforts to implement the International Covenant on Civil and Political Rights. It also completed work on a general comment on article 25 of the Covenant, which deals with the right to take part in public affairs, to vote or be elected and to have access to public service. And it considered, in private session, numerous communications sent to it by individuals complaining of human rights violations.

Nigeria, Brazil and Peru are among the States parties to the Covenant, and under the terms of the treaty must submit periodic reports to the Committee. Government delegations were present during the session to introduce the documents and answer questions.

Discussion of the report of Nigeria was continued from the Committee's spring session, held in New York; the Committee noted in its conclusions today that while the country's military Government had ratified the Covenant, the continuation of the military regime and its policy of issuing decrees suspending human rights were in themselves obstacles to implementing the treaty.

Addressing the situation in Peru, the Committee acknowledged the threat posed by terrorism in that country, but said that such a menace could not justify measures which violated basic human rights. Thus it called for a stop to the use of "faceless courts" to try terrorism suspects and recommended reconsideration and repeal of amnesty laws absolving State officials and security forces accused of abuses committed in the fight against terrorism.

The Committee will continue its review of the report of Peru at its October-November session.

With reference to Brazil, the Committee urged the Brazilian federal Government to ensure that its state governments and state security forces, which have a high degree of autonomy, did not violate international human rights instruments the country has ratified.

Information on decisions taken on individual complaints will be made available at a later date. Such communications, which allege violations of the rights contained in the Covenant, are allowed under the First Optional Protocol to the treaty, and may be filed only against the 88 countries which have ratified the Protocol.

The Committee will hold its next session from 21 October to 8 November, when it will resume consideration of the report of Peru and will take up reports of Switzerland, Gabon, Denmark, Germany and the United Kingdom (on Hong Kong).

Committee Recommendations

On Nigeria, the Committee acknowledged that the country's military Government had ratified the Covenant, but noted that continuation of the military regime and in particular the suspension through decree of Constitutional guarantees of human rights were obstacles to putting the Covenant into effect. It cited as positive developments the carrying out of municipal elections and preparations for national elections; the establishment of a National Human Rights Commission; and some steps to limit the effects of Government decrees.

Among other things, the Committee recommended that:

-- Immediate steps be taken to restore democracy and full Constitutional rights in Nigeria;

-- All decrees revoking or limiting guarantees of fundamental rights and freedoms be abrogated, and that persons be afforded all guarantees of a fair trial as outlined in the Covenant;

-- Measures be enacted to ensure the equal enjoyment by women of the rights and freedoms contained in the Covenant, including equal participation at all levels of political, social and economic life in the country, and that efforts be made -- in particular through education -- to overcome certain traditions and customs, such as female genital mutilation and forced marriages;

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-- Nigeria consider abolishing he death penalty, and in the meanwhile it limit its application to the most serious crimes, as required by the Covenant, and reduce to a minimum the number of crimes for which the death penalty was imposed;

-- Effective efforts be made to prevent arbitrary, extra-judicial and summary executions, torture, ill-treatment, and arbitrary arrest and detention by security forces, and that any cases of such abuses be investigated and those responsible be punished; and

-- Urgent steps be taken to release all persons detained arbitrarily or without charges, to reduce periods of pre-trial detention, and to cease the practice of incommunicado detention.

Regarding Brazil, the Committee recognized the challenge posed by enormous disparities in wealth between different sectors of the population. It praised the country's report for its "frankness and comprehensiveness" and said the Government had made several positive steps, including the launching of a national human rights programme, the strengthening of the role of the Council for the Defence of the Human Person and the establishment of an Office of the Public Defender.

The Committee recommended that:

-- The Government ensure that the provisions of the Covenant were implemented in all parts of the country;

-- Immediate steps be taken to prevent and combat cases of summary and arbitrary executions, torture, excessive use of force and arbitrary detention by members of security forces;

-- Stringent measures be adopted to address the issue of impunity for human rights violations, and that complaints of misconduct by members of security forces be investigated by an independent body and not by the security forces themselves;

-- Measures to reduce infant mortality be strengthened;

-- Prison overcrowding be reduced;

-- Multiplicity of trade unions be allowed under law;

-- Urgent steps be taken to enforce laws prohibiting forced labour, child labour and child prostitution, and that persons responsible for such violations be severely punished under law; and

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-- Brazil consider ratifying both Optional Protocols to the Covenant.

On Peru, the Committee noted that Peru "has been plagued by terrorist activities, internal disorder and violence" and affirmed the right and duty of the Government "to take firm measures to protect its population against terror". But it added that "many of the measures adopted by the Government have frustrated implementation of the rights protected under the Covenant".

It cited as positive developments a trend towards reducing the level of violence within the country and the return home of many internally displaced persons; recent modifications to anti-terrorist laws permitting greater judicial protections for accused persons; and establishment of an Office of the Public Ombudsman and of a National Registry of Detainees.

The Committee "deplored" that its suggestions and recommendations based on Peru's last report had not been implemented.

The Committee recommended that:

-- Steps be taken to restore the authority of the judiciary and thus overcome a prevailing atmosphere of impunity for human rights violations;

-- Reconsideration be given to amnesty laws absolving all police, military, and civilian agents of the State accused of common or military crimes for acts committed in the "war against terrorism";

-- Immediate steps be taken to systematically revise, on a non-discretionary basis, convictions handed down by military tribunals in treason and terrorism cases, particularly convictions based on lack of identification documents or on evidence obtained in the application of the repentance law; and that the same measures be applied to detainees awaiting trial;

-- Effective measures be taken to investigate allegations of summary executions, disappearances, torture and ill-treatment, and arbitrary arrest and detention, and that perpetrators be brought to justice and victims be compensated; and that members of the security forces alleged to have committed such crimes be investigated by an impartial body;

-- Urgent measures be taken to strictly limit incommunicado detention; and that the duration of preventive detention be reasonable; and

-- The system of "faceless judges" be abolished and that public trials for all defendants, including those charged with terrorist-related activities, be reinstituted immediately.

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General Comment on Article 25 of Covenant

Article 25 deals with the right to take part in public affairs, to vote or be elected and to have access to public service. Work on the general comment began in the spring of 1995, at the Committee's fifty-third session; the text as adopted at the current session will be sent to the Economic and Social Council for information purposes.

The four-page document notes, among other things, that "in contrast with other rights and freedoms recognized by the Covenant (which are ensured to all individuals within the territory and subject to the jurisdiction of the State) article 25 protects the rights of 'every citizen'". It points out that there should be clear legal provisions defining citizenship, and adds that "no distinctions are permitted between citizens in the enjoyment of these rights on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status".

International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights was adopted by the General Assembly and opened for signature in 1966, together with the International Covenant on Economic, Social and Cultural Rights, both of which entered into force in 1976.

The International Covenant on Civil and Political Rights states that all peoples have the right of self-determination. It recognizes that everyone has the right to life, liberty and security of person. It prohibits torture, cruel or degrading treatment or punishment, and the arbitrary deprivation of life. 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 provides, among other things, for freedom of movement, and places limitations upon the expulsion of aliens present lawfully in the territory of a State party. In addition, the right to freedom of thought, conscience and religion and to freedom of expression are recognized by the Covenant, which also prohibits any propaganda for war or any advocacy of national, racial or religious hatred.

States Parties

The following 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,

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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, Kuwait, 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

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.

The following 88 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, Latvia, Libya, Lithuania, Luxembourg, Madagascar, Malawi, 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 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,

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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 members are elected by the State parties to the Covenant for a term of four years. 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. The members 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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