HUMAN RIGHTS COMMITTEE CONCLUDES THREE-WEEK HEADQUARTERS SESSION

Press Release
HR/CT/494

HUMAN RIGHTS COMMITTEE CONCLUDES THREE-WEEK HEADQUARTERS SESSION

The Human Rights Committee this morning recommended a series of specific measures to promote implementation of the International Covenant on Civil and Political Rights in Bolivia, Colombia, Georgia, Lebanon and Portugal (with respect to the territory of Macau), five States parties to the Covenant, as it concluded its current session.

During the three-week session, which began on 24 March, the Committee reviewed reports submitted by those countries on their compliance with the Covenant and engaged in a dialogue with their representatives. Specifically, the Committee reviewed the initial report of Georgia, the second periodic reports of Bolivia and Lebanon, the third report of Portugal (on Macau), and the fourth report of Colombia.

Also during the past three weeks the Committee, acting in closed session, reviewed communications received from individuals who claimed to be victims of violation of their rights under the Covenant. The Committee issues specific recommendations or requests to the governments concerned with respect to those complaints.

Drawing attention to the resumption of Chinese sovereignty over Macau in 1999, the Committee restated its position that "States continue to be bound by the obligations under the Covenant entered by the predecessor State". Noting reports of the large number of women taken to Macau for prostitution, it urged the Government to impose sanctions on those who exploited them. It welcomed the abolition of the death penalty in Macau and recommended that efforts be accelerated to introduce the Chinese language in the courts at all levels.

The Committee urged the Government of Colombia to redouble its efforts to set up a process of national reconciliation, with a view to bringing lasting peace. It urged that effective measures be taken to ensure that human rights were respected by the army, security forces and police. The Committee

__________ * 1581st to 1585th Meetings of the Human Rights Committee were closed.

stated that stringent measures were called for to combat impunity and to ensure that members of the armed forces and police accused of human rights abuses were tried by independent civilian courts. The Committee urged the abolition of Colombia's regional judicial system of "faceless judges".

The Government of Bolivia was strongly encouraged to enact its new draft legal framework for the protection of human rights. The Committee cited, in particular, the new Code of Criminal Procedure, which aimed at modernizing Bolivia's legal and judicial structures and allowing the investigation and punishment of human rights violations. It recommended that the Office of Ombudsman and the Constitutional Court be put into place as soon as possible, and that both be given broad jurisdiction and sufficient resources to carry out their responsibilities effectively.

Expressing concern at the disastrous state of the prisons in Georgia, and particularly the health conditions, the Committee called for urgent steps by the Government to improve the situation. The Government was also invited to cut down on the use of imprisonment as a punishment for minor violations, as well as on pre-trial detention for excessive periods. The Committee noted with satisfaction the substantial decline in the number of violent crimes in Georgia -- a necessary condition for the enjoyment of human rights.

As regards Lebanon, the Committee recommended a comprehensive review of its legal system to protect human rights and to ensure compliance with all of the Covenant's provisions. The Government was urged to consider the creation of the institution of a national ombudsman or of an independent national human rights commission with the authority to investigate human rights violations. It also urged Lebanon to investigate the credible allegations of ill-treatment and torture which had been brought to the Committee's attention.

The due dates for submission of the next periodic reports of the five State parties are as follows: for Portugal (on Macau), 31 December 1998; for Bolivia and Lebanon, 31 December 1999; for Georgia, 2 August 2000; and for Colombia, 12 August 2000. Also during the session, the Committee heard a statement from the Special Adviser to the Secretary-General on Gender issues and Director of the Division for the Advancement of Women, Angela King. She said that while progress had been made, much remained to be done before the human rights of women were truly an integral part of human rights activities in the United Nations and elsewhere.

At the outset of the session, the Committee elected Christine Chanet, the expert from France, as its Chairman -- the first woman to ever hold that position. Elected as Vice-Chairmen were Prafullachandra N. Bhagwati of India, Omran El-Shafei of Egypt, and Cecilia Medina Quiroga of Chile. Elizabeth Evatt of Australia was elected as Rapporteur. Fausto Pocar of Italy will continue as Special Rapporteur on communications.

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Committee's Final Observations and Recommendations

In its concluding observations on Bolivia's second periodic report (document CCPR/C/63/Add.4), the Committee expressed concern about the ineffectiveness of legislation to combat impunity in the identification, trial and punishment of those responsible for human rights violations, and the payment of compensation to victims. It was also concerned about the pervasiveness of social and economic disparities, and noted: "High levels of poverty and illiteracy, lack of opportunities and discrimination against the indigenous population, women and the poor contribute to widespread violation of human rights".

In its recommendations, the Committee strongly encouraged the Government of Bolivia to enact the new draft legal framework for the protection of human rights to ensure full conformity with the Covenant, in particular the new Code of Criminal Procedure, which aimed to modernize Bolivian legal and judicial structures and to allow investigation and punishment of human rights violations. The Committee called for additional measures to ensure protection against violence of members of indigenous groups and their full enjoyment of their rights under the Covenant, particularly with regard to preservation of their cultural identity, language and religion. "The legislation on indigenous communities should be enacted without delay", it added. The Committee urged that respect for human rights should be institutionalized at all levels of the government and recognized as an essential element of the process of national reconstruction.

In its final comments on the initial report of Georgia (document CCPR/C/100/Add.1), the Committee noted that the country was still suffering from the effects of conflicts in South Ossetia (1992) and Abkhazia (1993-1994) which gave rise to serious violations of human rights, including massive population displacements. The Committee welcomed the Government's willingness to ensure the de facto and de jure enjoyment of human rights. It noted with satisfaction the substantial decline in the number of violent crimes which, it said, was a necessary condition for the enjoyment of human rights.

The Committee deplored the abuse of pre-trial detention and police custody and also said it was disturbed by cases of torture inflicted on individuals under detention, including for the purpose of extracting confessions from them. It recommended that the Government end its hold on the mass media and that it delete from the penal code offences which, under cover of upholding the law, made it possible for political opponents to be prosecuted for their beliefs. The Government was invited to allow the formation of trade unions and to cut down on the use of imprisonment as a punishment for minor violations and on pre-trial detention for excessive periods.

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In its concluding observations on the fourth periodic report of Colombia (document CCPR/C/103/Add.3), the Committee urged the Government to redouble its efforts to set up a process of national reconciliation, with a view to bringing lasting peace. It called for measures to combat impunity and urged the abolition of Colombia's regional judicial system of "faceless judges". It also welcomed the creation of a number of institutions and offices to protect and promote human rights, as well as the setting up of programmes concerning women and gender equality.

Among issues of principal concern to the Committee were the continuing gross and massive human rights violations and the high level of political and criminal violence. In particular, the Committee deplored extrajudicial executions, murders, torture and other degrading treatment, forced disappearances and arbitrary arrests carried out by members of the armed forces, the police, paramilitary and guerrilla groups. It noted that journalists, human rights activists, trade union and political leaders, teachers, members of indigenous populations and judges appeared to be specifically targeted.

The Committee expressed deep concern at the recent constitutional reform proposals to: suppress time-limits to states of emergency; eliminate the powers of the Constitutional Court to review the declaration of a state of emergency; conceding functions of the judicial police to military authorities; adding new circumstances under which a state of emergency might be declared; and reducing the powers of the Attorney-General's Office and the Public Prosecutor's Office to investigate human rights abuses and the conduct of military personnel, respectively. The Committee recommended the adoption of stringent measures to ensure that all allegations of human rights violations were promptly and impartially investigated, the perpetrators prosecuted, appropriate punishment imposed on those convicted and the victims adequately compensated.

With regard to the situation in Macau contained in Portugal's third periodic report (document CCPR/C/70/Add.9), the Committee reiterated its long- standing position that human rights treaties devolved with territory and that States continued to be bound by the obligations under the Covenant entered by the predecessor State. (Macau is to revert to Chinese rule after 19 December 1999). The reporting requirements under article 40 of the Covenant would consequently continue to apply, the Committee said, adding that it expected to receive and review reports that would be submitted in relation to Macau after 19 December 1999.

The Committee expressed concern about the extent of trafficking in women in Macau and the large number from different countries brought to the territory for prostitution. It urged strong measures to prevent the practice, as well as sanctions against those who exploited them. The Committee called on the Government to introduce, as soon as possible, the Chinese language in

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the courts at all levels and particularly with regard to court documents and decisions. It recommended determined efforts to ensure a substantial rise in the number of locally born residents holding high posts within the public administration and the judiciary.

In its comments on Lebanon's second periodic report (CCPR/C/42/Add.14), the Committee stated that the 1975 to 1990 civil war had destroyed much of Lebanon's infrastructure, resulting in severe economic disruption and difficulties which continued to restrict resources allocated to human rights. The Committee expressed concern about Lebanon's judiciary and the fact that, in many instances, citizens were not provided with effective remedies and appeal procedures for their grievances. It recommended the urgent review of the procedures governing the appointment of judges, as well as the number of crimes carrying the death penalty to, first, bring about its limitation and, ultimately, its abolition.

Noting with concern the difficulties which many foreign workers in Lebanon faced in leaving the country, the Committee recommended that Lebanese immigration and police officers should be required to take effective measures to prevent confiscation of their passports by their employers and to protect their rights. The Committee finally recommended that serious and urgent consideration should be given to Lebanon's ratification or accession to the First Optional Protocol to the Covenant, which provides for consideration by the Committee of confidential communications from individuals claiming to be victims of violations of any of the rights proclaimed in the Covenant.

At its next session to be held at Geneva from 14 July to 1 August, the Committee will take up the initial report of the Slovak Republic, the second periodic report of the Congo, the third periodic report of France and the fourth reports of Belarus and India. The reports of Cyprus, Lithuania and Senegal will be held in reserve, for consideration if any of the named countries prove unable to attend. According to the tentative schedule for the Committee's following session, to be held at Geneva from 20 October to 7 November, it will consider the reports of Cyprus, Iraq, Jamaica, Lithuania, Senegal and the Sudan, with the reports of Finland, Iceland and Zimbabwe being held in reserve.

Background on Covenant

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 Covenant begins by stating 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

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

States Parties

The following 136 States have ratified or acceded to the Covenant: Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Barbados, Belarus, Belgium, Belize, 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, Kyrgyz Republic and Kuwait.

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, Sierra Leone, Slovak Republic, Slovenia, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, Thailand, 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.

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As of 17 March, the following 90 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, Côte d'Ivoire, 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 and Malawi.

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, Sierra Leone, 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 to serve in their individual capacities for four-year terms. Article 28 of the Covenant requires that they shall be persons of high moral character and recognized competence in the field of human rights.

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They are: Nisuke Ando, of Japan; Prafullachandra Natwarlal Bhagwati, of India; 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; Eckart Klein, of Germany; David Kretzmer, of Israel; Pilar Gaitan de Pombo, of Colombia; Rajsoomer Lallah, of Mauritius; Cecilia Medina Quiroga, of Chile; Laure Moghaizel, of Lebanon; Fausto Pocar, of Italy; Julio Prado Vallejo, of Ecuador; Martin Scheinin, of Finland; Danilo Turk, of Slovenia; and Maxwell Yalden, of Canada.

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