HUMAN RIGHTS COMMITTEE CONCLUDES SIXTH-FIRST SESSION

Press Release
HR/CT/500

HUMAN RIGHTS COMMITTEE CONCLUDES SIXTH-FIRST SESSION

(Reissued as received.)

GENEVA, 7 November (UN Information Service) -- The Human Rights Committee ended its autumn session today by issuing a series of specific measures to promote the implementation of the International Covenant on Civil and Political Rights in Senegal, Jamaica, Iraq, Sudan, Belarus and Lithuania.

During the past three weeks, the Committee also examined in closed sessions communications from individuals claiming to be victims of violations of their rights under the Covenant. The Committee issues specific recommendations or requests to the governments concerned with respect to such complaints.

On the report of Senegal, the Committee noted with concern that continuing violence and unrest in the region of Casamance had resulted in persistent violations of rights guaranteed by the Covenant. It also noted the continued existence in Senegal of laws and customs particularly affecting the equality between men and women, which impeded the full observance of the Covenant. The Committee urged Senegal, among other things, to abolish practices prejudicial to women's health and to reduce maternal mortality.

Regarding Jamaica, the Committee noted with utmost regret Jamaica's notification of denunciation of the First Optional Protocol. Unless withdrawn, that denunciation would become effective on 23 January 1998. The panel also expressed concern at the incidence of domestic violence against women, about serious deficiencies in the administration of prison systems, and about the fact that the Flogging Regulation Act of 1903 and the Crime Act of 1942 were still in force.

With respect to Iraq, the Committee noted that sanctions and blockades had caused suffering and death in Iraq, especially among children. However, Iraq was reminded that whatever the difficulties, the State party was responsible for implementing its obligations under the Covenant. The Committee was concerned, among other things, that all government power was concentrated in the hands of an executive body which was not subject to scrutiny either politically or otherwise. It regretted that many of its

questions relating allegations of serious violations of rights were not answered.

Concerning Sudan, the Committee noted that flogging, amputation and stoning, which were recognized as penalties for criminal offenses in Sudan, were not compatible with the Covenant. It was worried about the practice of female genital mutilation in Sudan. The panel was also troubled by the number of reports of extrajudicial executions, torture, slavery, disappearances, abductions and other human rights violations.

With regard to the situation in Belarus, the Committee was concerned that the remnants of the former totalitarian rule had not been overcome and that the human rights situation in that country had significantly deteriorated. It was also concerned about numerous allegations of ill-treatment of persons by police and other law-enforcement officials. It drew attention to the number of cases where police and other security officials resorted to the use of weapons.

Meanwhile, regarding Lithuania, the Committee was concerned that women still suffered from discrimination. In addition, it was extremely concerned about the extent of problems relating to violence against women and forced prostitution. The Committee's concern was also expressed at reported cases of harassment and use of excessive force by members of the army against conscripts, as well as brutality of the police against detainees.

The Committee examined, at the request of High Commissioner for Human Rights, Mary Robinson, the withdrawal of the Democratic People's Republic of Korea from the Covenant, which was announced on 25 August. On 29 October, the Committee adopted a General Comment in which it affirmed that the Covenant was not subject to denunciation or withdrawal. The Committee also addressed a letter to the Permanent Mission of the Democratic People's Republic of Korea to the United Nations, expressing its hope that the Government would reconsider its position regarding its withdrawal and continue cooperating with the Committee.

On 23 October, Jamaica announced its intention to withdraw from the First Optional Protocol to the Covenant. It was the first time that a State party changed its decision to recognize the Committee's competence to examine communications received from persons alleging to be victims of violations of the rights provided by the Covenant. Committee Chairperson Christine Chanet said she received the announcement with sadness and urged Jamaica to change its mind.

At its next session, to be held in New York from 23 March to 9 April 1998, the Committee will consider the reports of Cyprus, Zimbabwe, Uruguay, Ecuador and Israel. During its summer session, to be held in Geneva, the Committee will take up the reports of Finland, the United Republic of

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Tanzania, the former Yugoslav Republic of Macedonia, Algeria and Libya, with Italy and Armenia as reserves.

Committee's Observations, Recommendations

In its final remarks on the fourth periodic report of Senegal, the Committee reiterated its regret on the lack of information in the document on implementation of the provisions of the Covenant. The Committee, however, appreciated the detailed and updated information provided orally by the delegation in the course of the consideration of its report.

As to factors and difficulties affecting the implementation of the Covenant, the Committee noted with concern that continuing violence and unrest in the region of Casamance had resulted in persistent violations of rights guaranteed by the Covenant. It also noted the continued existence in Senegal of laws and customs, particularly affecting equality between men and women, which impeded the full observance of the Covenant. The Committee, however, observed with satisfaction that the State party had strengthened the status of the Senegalese Human Rights Committee and, in particular, had ensured participation by non-governmental organizations. It welcomed the efforts to overcome the problem of illiteracy and noted with appreciation the criminalization of torture in the penal code.

The Committee, in the context of events in Casamance, expressed concern at allegations it had received of indiscriminate killings of civilians by the army and police, as well as of disappearances, ill-treatment and use of torture against persons suspected of being supporters of the "Mouvement des forces démocratiques de Casamance". The Committee regretted that certain traditional cultural attitudes with respect to women were not compatible with their dignity as human beings and continued to hamper their equal enjoyment of rights embodied in the Covenant. It was also concerned about the lack of full enjoyment of freedom of association, particularly the fact that foreign workers were barred from holding official positions in trade unions and that trade unions might be dissolved by the executive.

The Committee recommended that consideration be given to establishing an independent mechanism to monitor and investigate human rights abuses in Casamance, and that persons found responsible for violations of rights be brought to justice and victims compensated. It encouraged the State to launch a systematic campaign to promote popular awareness of persistent negative attitudes towards women and to protect them against all forms of discrimination. The Committee urged Senegal to abolish practices prejudicial to women's health and to reduce maternal mortality. It recommended that specific attention be given to the problem of domestic violence in the law; the repeal of provisions dealing with special cases of detention concerning offenses against State security; that measures be taken to reduce overcrowding in prisons; and that Senegal take legal and practical steps to recognize and protect religious and ethnic minorities.

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Regarding Jamaica, the Committee appreciated the delegation's readiness to resume its dialogue with the Committee, although it deplored the delay of more than 15 years in reporting. The economic situation in Jamaica, as well as the high rate of crimes of violence, were noted by the Committee as factors affecting the implementation of the Covenant.

The Committee noted with utmost regret Jamaica's notification of denunciation of the First Optional Protocol. Unless withdrawn, that denunciation would become effective on 23 January 1998. The Committee affirmed that its views already adopted on communications under the Optional Protocol would retain their validity and would require implementation; that communications submitted before 23 January 1998 would not be affected by Jamaica's notification and would be considered by the Committee in due course; and that Jamaica would continue to be bound by the provisions of the Covenant and be subject to other monitoring functions of the Committee.

The panel was concerned about domestic violence against women; about serious deficiencies in the administration of prison systems; that not all cases of death at the hands of the police or security forces were subject to a coroner's inquest; and that the Flogging Regulation Act of 1903 and the Crime Act of 1942 were still in force.

The Committee recommended that increased efforts be made to sensitize the population to the need to respect women's dignity, and that legislation should ensure ready access to remedies for violations of women's human rights; that effective redress, without reprisals, should be available for detainees and prisoners regarding complaints of ill-treatment by police or prison warders; that an independent prison inspectorate be instituted, which would report publicly on its findings; that both the Flogging Regulation Act and Crime Act be repealed; and that legal provisions be taken to ensure prompt issue of a judgment by the Court of Appeal.

With respect to the situation in Iraq, the Committee recognized that eight years of war with Iran and the conflict following Iraq's invasion of Kuwait caused the destruction of part of the country's infrastructure as well as considerable human suffering affecting the implementation of the provisions of the Covenant. It also noted that sanctions and blockades had caused suffering and death in Iraq, especially to children. However, Iraq was reminded that whatever the difficulties, it remained responsible to implement its obligations under the Covenant.

Among the issues of principal concern to the Committee were that all government power remained concentrated in the hands of an executive body which was not subject to scrutiny either politically or otherwise, and that the Government operated without any safeguards or checks and balances designed to ensure the proper protection of human rights and fundamental freedoms. It regretted that many of its questions relating to allegations of serious violations of rights were not answered. The Committee noted with concern the

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increase in the categories of crimes punishable by the death penalty; Iraq's resort to the imposition of cruel, inhuman and degrading punishments, such as amputation and branding; reports of arbitrary restrictions imposed by the authorities on the right to freedom of movement within Iraq; severe restrictions on the right to express opposition to or criticism of the Government or its policies; and the situation of members of religious and ethnic minorities.

Gravely concerned about reports from many sources concerning the high incidence of summary executions, arbitrary arrests and detention, torture and ill-treatment by members of security and military forces, the Committee recommended that all those allegations be fully, publicly and impartially investigated, that the results of such investigations be published, and that the perpetrators of those acts be brought to justice.

It also recommended that a thorough review of existing temporary laws and decrees be undertaken with the view to ensuring their compliance with the provisions of the Covenant; that Iraq abolish the death penalty for crimes which were not among the most serious crimes; that steps be taken to promote and ensure full equality between men and women; that penal laws and decrees which imposed restrictions on the rights for freedom of expression, peaceful assembly and association should be amended to comply with the provisions of the Covenant; that steps be taken with a view to ensuring citizens the right and the opportunity to take part in the conduct of public affairs; and that measures be taken to ensure full equality of rights for members of all religious groups as well as of ethnic and linguistic minorities.

With regard to Sudan, the Committee noted that the armed conflict in the southern part of Sudan was an obstacle to the full implementation of the Covenant, and that the lack of reconciliation between different racial, religious, cultural and legal traditions in the north and the south of the Sudan appeared to be a factor affecting the implementation of the Covenant. The Committee found as positive factors the progressive steps which had been taken to reduce the impact of the declared state of emergency, the existence of committees which were formulating a new constitution, and steps which were being taken to establish a formal system of pluralistic democracy. It welcomed efforts made by the Government to end the conflict in the south.

The Committee noted that flogging, amputation and stoning, which were recognized as penalties for criminal offenses in the Sudan, were not compatible with the Covenant. It was concerned about the high maternal mortality rate, which might be the consequence of early marriage, clandestine abortions and the practice of female genital mutilation in Sudan. The panel was troubled by the number of reports of extrajudicial executions, torture, slavery, disappearances, abductions and other human rights violations. It was concerned about the vague and legally undefined concept of "national security"; that visas for foreign travel might be arbitrarily refused; at reports of inadequate prison conditions and "ghost house" detention centres;

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at the system of trial in the Public Order Courts; at the system of licensing the press and media, and the requirements to register the names and addresses of editors, journalists and printers; that in appearance, as well as in fact, the judiciary was not truly independent; and over official enforcement of strict dress requirements for women.

The Committee recommended that the death penalty, if used at all, should be applicable only to the most serious crimes; that social and educational campaigns should be pursued to eliminate the practice of female genital mutilation; that permanent and independent mechanisms should be set up to investigate alleged abuses of power by police, security forces and the Popular Defence Forces; that the methodology of such investigations and the outcome should be made public; and that the Government of the Sudan should continue to cooperate with the United Nations bodies and non-governmental organizations.

Furthermore, the Committee recommended that the concept of "national security" be clearly defined by law and that police and security officers be required to state in writing why a person had been arrested; that any limitations on the freedom of movement should be established by law; that the Government should bring all places of detention under the control of the Prison Service; that police and security forces should be subject to prosecution and civil suits for abuse of power without any restriction by law; that emphasis should be given to the needs of ethnic and religious minorities; and that measures be taken to improve the independence and technical competence of the judiciary.

Concerning Belarus, the Committee noted that 20 per cent of the national budget had been devoted to alleviating the consequences of the Chernobyl disaster, which was among the factors and difficulties affecting the implementation of the Covenant.

The Committee noted with concern that the remnants of the former totalitarian rule had not been overcome; that the human rights situation in Belarus had significantly deteriorated; and that the number of crimes for which the death penalty was applicable under the criminal code was still very high. It was also concerned about numerous allegations of ill-treatment of persons by police and other law-enforcement officials and about the number of cases in which police and other security officials resorted to the use of weapons. The panel was concerned that the procedures relating to tenure, disciplining and dismissal of judges at all levels did not comply with the principle of independence and impartiality of the judiciary.

Further, the Committee expressed concern about reports of arbitrary infringements of the right to privacy, in particular of abuses by the authorities regarding telephone tapping and house searches; about the numerous and serious legal and factual infringements of the right to freedom of expression; about reports of harassment and intimidation of local and foreign journalists by the authorities and the denial of access to public broadcasting

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facilities by political opponents to the Government; about severe restrictions imposed on the right to freedom of assembly; and about the difficulties arising from the registration procedures to which non-governmental organizations and trade unions were subjected.

The Committee recommended that the application of the death penalty be restricted to the most serious crimes and its abolition be considered at an early date; that, in order to combat impunity, steps be taken to ensure that all allegations of ill-treatment and unlawful use of weapons by security and police officials be promptly and impartially investigated by an independent body; that the laws and regulations relating to pre-trial detention be reviewed as a matter of priority; that steps be taken to improve prison conditions, including conditions for prisoners on death row; and that the Government repeal the "Propiska" system, which restricted the freedom of movement and the right to choose one's residence. The panel urged Belarus to take all necessary measures, legislative as well as administrative, in order to remove restrictions on the right to freedom of expression. It recommended that steps be taken to expedite the planned establishment of the Office of the Ombudsman and to ensure that he or she had effective powers to investigate complaints of violations of human rights.

Regarding Lithuania, the Committee noted that the country was still in the process of transition to democracy after many years of authoritarian rule. It said there remained outdated legislation and a number of institutions which might be detrimental to the implementation of human rights and which would take time to reform. It expressed satisfaction that the new criminal code would contain no death penalty provisions and welcomed the State's intention to accede to the Second Optional Protocol.

While welcoming the progress made in ensuring the equal enjoyment of rights by women, the Committee was concerned that women still suffered from discrimination. It was extremely concerned about the extent of problems relating to violence against women and forced prostitution. The Committee was concerned about reported cases of harassment and use of excessive force by members of the army against conscripts; about brutality of the police against detainees; about the overcrowding of most prisons; and about the review process which District Court judges underwent after five years of service in order to secure permanent appointment.

The extensive powers exercised by immigration officers with respect to illegal immigrants in border areas was also among the concerns of the Committee. Furthermore, it was concerned that registration requirements for religious organizations, as well as distinctions made between different religious groups in that connection, could result in discrimination on religious grounds.

The Committee recommended that Belarus ensure that Covenant rights were not restricted by legislation inconsistent with it and that it should take all

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necessary steps to allow individuals to challenge the application of laws which affect their rights and freedoms under the Covenant in the courts. It urged the Government to take concrete measures to eliminate all discrimination against women and to enhance and reinforce the position of women in practice by providing legal remedies for discrimination in all areas. The panel recommended, among other things, that an independent investigation mechanism be established to inquire into all cases of police and army brutalities; that the provisions on police detention should be reviewed; and that the provisions which restricted the right of foreign nationals to freedom of movement should be repealed.

Background on the 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 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 140 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, Honduras, Hungary, Iceland, India, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakstan, Kenya, Kuwait and the Kyrgyz Republic.

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Also: Latvia, Lebanon, Lesotho, Libya, Lithuania, Luxembourg, Madagascar, Malawi, Mali, Malta, Mauritius, Mexico, Monaco, 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, 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 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, 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,

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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.

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 Human Rights Committee's 18 expert members, who serve in their individual capacity, 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 of Japan; Prafullachandra Natwarlal Bhagwati of India; Thomas Buergenthal of the United States; Christine Chanet of France; Lord 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; Fausto Pocar of Italy; Julio Prado Vallejo of Ecuador; Martin Scheinin of Finland; Danilo Türk of Slovenia; Maxwell Yalden of Canada; and Abdallah Zakhia of Lebanon.

Ms. Chanet is the Committee's Chairperson. Mr. Bhagwati, Mr. El Shafei and Ms. Medina Quiroga serve as Vice-Chairpersons. Ms. Evatt is the Rapporteur.

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