HUMAN RIGHTS COMMITTEE CONCLUDES SIXTIETH SESSION IN GENEVA
Press Release
HR/CT/496
HUMAN RIGHTS COMMITTEE CONCLUDES SIXTIETH SESSION IN GENEVA
19970804 (Reproduced as received.)GENEVA, 1 August (UN Information Service) -- The Human Rights Committee concluded its summer session today by issuing a series of specific measures to promote implementation of the International Covenant on Civil and Political Rights in the Slovak Republic, France and India.
Also during the past three weeks, the Committee, meeting in closed session, examined communications from individuals claiming 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 such complaints.
Concerning the report of the Slovak Republic, the panel welcomed many recent positive steps towards a better promotion and protection of human rights. Nevertheless, it expressed concern over substantiated reports of discrimination, particularly against women, and noted that there was no independent complaint mechanism victims of discrimination could turn to.
As regards France, the Committee welcomed the Government's recent decision to stop deporting groups of illegal immigrants by chartered flights, but it expressed concern over the treatment asylum seekers. It was also seriously concerned by the number and serious nature of the allegations of ill-treatment of detainees by law enforcement officials. It recommended, among other things, the establishment of an institutional mechanism to receive complaints of human rights violations.
Meanwhile, regarding the situation in India, the Committee urged the Government to adopt further measures to combat all forms of discrimination against women, Scheduled Castes and Tribes and other vulnerable groups. It also expressed concern at allegations that police and other security forces did not respect the rule of law.
At its next session, to be held at Geneva from 20 October to 7 November, the Committee will take up reports of Belarus, Senegal, Iraq, Lithuania, Sudan and Jamaica. Cambodia, Israel, Grenada and the Former Yugoslav Republic of Macedonia have also been requested to submit their overdue reports in time for that session.
Observations and Recommendations
In its final comments on the initial report of the Slovak Republic, the Committee noted that the country was still in a period of transition from an authoritarian to a democratic system and that it had recently acquired its independence after the dissolution Czech and Slovak Federation. The Committee welcomed recent steps towards a better promotion and protection of human rights and noted with interest the establishment of institutions to deal with human rights issues.
The Committee expressed its concern, though, over substantiated reports of discrimination, particularly against women, and noted that independent complaint mechanisms for victims of all forms of discrimination did not exist. It was also concerned about cases of excessive use of force by law enforcement officials as well as maltreatment of detainees during police custody. The Committee recommended specific measures to guarantee the independence of the judiciary, protecting judges from any form of political influence, through the adoption of laws regulating the appointment, remuneration, tenure, dismissal and disciplining of members of the judiciary.
Concerning France, the Committee welcomed the recent announcement by the Government that the practice of deportation of groups of illegal immigrants by chartered flights to their home countries had been stopped since 1 June 1997. It also welcomed recent measures to promote equality between men and women and to fight sexual harassment.
The Committee nevertheless expressed concern that in some overseas territories personal status was determined by religious or customary law, which might in some situations lead to discriminatory attitudes and decisions, especially against women. It was also concerned at the prevailing malaise in the magistracy and the legal profession concerning the independence of the judiciary and of the prosecutors.
Furthermore, the Committee was seriously concerned by the number and serious nature of the allegations it had received of ill-treatment by law enforcement officials of detainees and other persons who come into abrasive contact with them, including unnecessary use of firearms resulting in a number of deaths, the risk of such ill-treatment being much greater in the case of
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foreigners and immigrants. It was also concerned that the powers of the Gendarmerie Nationale, which was a military corps, when operating in a civilian public order situation, were wider than that of the police.
In its recommendations, the Committee encouraged the Government of France to take measures to reduce the length of pre-trial detention and ensure aid to juveniles in legal proceedings. It also recommended that the minimum age of marriage for girls be raised; that an institutional mechanism be established for receiving complaints of violations of human rights, including all forms of discrimination, with power to undertake conciliation as well as determination of such complaints and granting redress, and that the Government adopt a wider interpretation of "persecution" in dealing with asylum requests to include non-State actors.
With regard to the situation in India, the Committee recognized that terrorist activities in the border states had forced India to take measures to protect its population. It noted that the size of the country, its huge population, the massive poverty and the great disparities in the distribution of wealth among various social groups, had affected the advancement of rights.
Among the issues of principal concern to the Committee were the continuing severe social discrimination endured by members of Scheduled Castes and Scheduled Tribes, as well as by the so-called backward classes and ethnic and national minorities; they suffered disproportionately from many violations of their rights under the Covenant. The panel urged the Government to adopt further measures to combat all forms of discrimination against those vulnerable groups. The Committee remained gravely concerned that legislative measures were not sufficient and that measures designed to change the attitudes which allowed the practice of dowry and dowry related violence and sati -- self-immolation of widows -- should be taken. It was also concerned at allegations that police and other security forces did not always respect the rule of law; at the overcrowding and poor health conditions in many prisons; at the extent of bonded labour; at the forcible repatriation of asylum-seekers, and at the high incidence of child prostitution and trafficking of women.
Concerned that Indian women had not been accorded equality in the enjoyment of their rights and freedoms, the Committee recommended that efforts be strengthened towards the enjoyment of their rights without discrimination and that personal laws be enacted which were fully compatible with the Covenant. It also recommended that the application of emergency powers in the so-called disturbed areas be closely monitored so as to ensure its strict compliance with the provisions of the Covenant.
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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 Civil and Political Rights 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 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 to Covenant
The following 138 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, Democratic Republic of the Congo, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Georgia, Germany, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Hungary, Iceland, India, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakstan, Kenya, Kuwait and the 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, Sierra Leone, Slovak Republic, Slovenia, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden,
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Switzerland, Syria, The Former Yugoslav Republic of Macedonia, Tajikistan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, United States, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Yugoslavia, 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.
The following 92 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, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Equatorial Guinea, Estonia, Finland, France, Gambia, Georgia, Germany, Greece, Guinea, Guyana, Hungary, Iceland, Ireland, Italy, Jamaica, Kyrgyz Republic and Latvia.
Also 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, Sierra Leone, Slovak Republic, Slovenia, Somalia, Spain, Suriname, Sweden, The Former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Turkmenistan, Uganda, Ukraine, Uruguay, Uzbekistan, Venezuela, Zaire and Zambia.
The 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, 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 Korean, Russian Federation, Senegal, Slovak Republic, Slovenia, Spain, Sri Lanka, Sweden, Switzerland, Tunisia, Ukraine, United Kingdom, United States and Zimbabwe.
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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 30 States: Australia, Austria, Croatia, Denmark, Ecuador, Finland, Germany, Greece, 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 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".
They are: Nisuke Ando, (Japan), Prafullachandra Natwarlal Bhagwati, (India), Thomas Buergenthal (United States), Christine Chanet (France), Lord Colville (United Kingdom), Omran El Shafei (Egypt), Elizabeth Evatt (Australia), Eckart Klein (Germany), David Kretzmer (Israel), Pilar Gaitan de Pombo (Colombia), Rajsoomer Lallah (Mauritius), Cecilia Medina Quiroga (Chile), Fausto Pocar (Italy), Julio Prado Vallejo (Ecuador), Martin Scheinin (Finland), Danilo Türk (Slovenia) and Maxwell Yalden (Canada).
Ms. Chanet is the Committee's Chairperson, with Mr. Baghwati, Mr. El Shafei and Ms. Medina Quiroga serving as Vice-Chairpersons. Ms. Evatt is the Rapporteur.
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