HUMAN RIGHTS COMMITTEE CONCLUDES SIXTY-SECOND SESSION AT HEADQUARTERS

Press Release
HR/CT/517

HUMAN RIGHTS COMMITTEE CONCLUDES SIXTY-SECOND SESSION AT HEADQUARTERS

The Human Rights Committee this afternoon recommended a series of specific measures to promote implementation of the International Covenant of Civil and Political Rights in Cyprus, Finland, Uruguay and Zimbabwe, four States parties of the Covenant, as it concluded its sixty-second session.

During the three-week session, which began on 23 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 Zimbabwe, the third periodic report of Cyprus and the fourth periodic reports of Finland and Uruguay.

Also during the session the Committee, acting in closed meetings, reviewed communications received from individuals who claimed 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 those complaints.

The Government of Cyprus was urged to implement the provisions of the Covenant more comprehensively at the national level. The Committee cited long delays in enacting proposed new legislation on a number of matters, including civil debt. It noted that the new law did not completely exclude imprisonment for non-payment of civil debts. The Committee also reiterated its concern that, while the Covenant had superior force to domestic law under the Constitution and might be invoked in the courts, there remained uncertainties as to which provisions of the Covenant were self-executing within Cyprus's domestic law and which might require specific legislation.

Regarding Finland, the Committee noted many advances in the field of human rights, including ratification of the Second Optional Protocol to the Covenant and reform of the Finnish Constitution to incorporate Covenant

provisions and other human rights instruments. The Committee expressed concern that criminal law was being used as a remedy for violations of certain rights and freedoms, and that discrimination continued with regard to gender and against minorities and immigrants.

The Committee expressed its deep concern about Uruguay's Ley de Caducidad de la Pretension Punitiva del Estado (Expiry Law of the Punitive Powers of the State) and its implications for the Covenant. In a number of cases the maintenance of the Expiry Law excluded the possibility of investigation into past human rights abuses and thereby prevented the Government from providing effective remedies to the victims of those abuses. It noted that several aspects of the new Code of Criminal Procedure, that will come into force in July, were not in conformity with the Covenant. The Committee also regretted that the new Code would not apply to those already charged with criminal offences as of June.

In Zimbabwe's report, the Committee noted the effort to curb attitudes and practices recognized as impeding women's human rights, and it commended actions to counter the condition. The Committee, however, also noted an absence of mechanisms monitoring compatibility between domestic legislation and the Covenant, and it recommended establishing mechanisms to integrate Covenant rights in law and practice, especially in regard to a duality of general and customary law, which led to unequal treatment.

The due dates for submission of the next periodic reports of the four State parties are as follows: for Cyprus, August 2002; for Finland, August 2003; for Uruguay, March 2003; and for Zimbabwe, August 2002.

Christine Chanet, Chairperson of the Committee and expert from France, said the Committee's working group had performed Herculean efforts to complete its work with a reduced staff. The secretariat had to face persistent pressure in carrying out functions that were outside of their normal duties. She stressed the difficult conditions under which the Committee's work was performed. She thanked the collaborative endeavours of all persons involved who put forth a special effort to ensure that the Committee functioned.

Earlier in the session, the Committee heard a statement from United Nations High Commissioner for Human Rights Mary Robinson. She stressed the need to develop procedures that would ensure proper follow-up to the Committee's observations on the implementation of the Covenant. The Committee's decision to consider jointly, whenever possible, both the admissibility and the merits of individual communications under the first Optional Protocol would provide a more timely response to victims of human rights violations.

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Committee's Final Observations and Recommendations

In its concluding observations on Cyprus' third periodic report (document CCPR/C/79/Add.88), the Committee reiterated its concern that, while the Covenant had superior force to domestic law under the Constitution and might be invoked in the courts, there remained uncertainties as to which provisions of its were self-executing within the domestic law of the State party and which might require specific legislation. The Committee stated its concern about the long delays and obstacles experienced in enacting proposed new legislation on a number of matters, and strongly urged Cyprus to undertake all efforts to remedy that situation in order to implement the provisions of the Covenant more comprehensively at the national level. The adoption of a proposed new law regulating civil debt had been unreasonably delayed, and the new law did not completely exclude imprisonment for non-payment of civil debts. The Committee strongly urged Cyprus to adopt a new law which fully met the requirements of the Covenant on imprisonment on the grounds of inability to fulfil a contractual obligation.

The Committee regretted the persistence of inequality between men and women in law and in practice in Cyprus. It expressed concern that discriminatory provisions on the basis of sex continued to inhibit the full enjoyment by women of their human rights, in particular in laws relating to marriage, nationality, immigration, employment and education. It urged Cyprus to enact a comprehensive bill to eliminate inequality of the sexes and discrimination on the basis of gender in all relevant areas. It also urged the adoption of appropriate measures to ensure the effective implementation of a new law on prevention of violence within the family.

While the Committee noted the enactment of a new law regulating public assemblies and processions, it expressed concern about the conditions which the appropriate authorities might impose regarding the conduct of assemblies and provisions even upon receiving the required advanced notification. The Committee reiterated that restrictions on freedom of assembly must be limited only to those which were in conformity with article 21 of the Covenant.

In its concluding observations on Finland's fourth periodic report (document CCPR/C/79/Add.91), the Committee noted the country's advances in the area of human rights. Among other developments, Finland had ratified the Second Optional Protocol to the Covenant, reformed the Finnish Constitution to incorporate provisions of the Covenant and other human rights instruments, and had extended the application of fundamental rights to non-citizens. The Committee also welcomed the recent reform of Finnish criminal procedure, which, among other measures, ensured speedy trial and the right to counsel.

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The Committee noted the recognition of the Sami and Roma people's rights, and commended efforts to promote racial tolerance, the safeguarding of women and children, the implementation of an Aliens Act and actions to disseminate information about the Covenant.

While reform of the Penal Code made violations of several rights and freedoms punishable by law, the Committee was concerned that criminal law alone was not appropriate as remedy for violations of certain rights and freedoms. Other concerns included the failure to resolve issues around a proposed act to protect the people in the Sami homeland and the insufficiency of access to documents in the Sami and Roma languages. There were also concerns about continuing discrimination in gender and against minorities and immigrants.

The Committee asked for more information concerning the law enabling trial in absentia under certain conditions and a continuing legal provision for preventive detention. The Committee suggested that Finland remove reservations to the Covenant, and that it address Committee concerns regarding protection of Swedish speaking people's rights, the rights of asylum seekers and aliens, and the preferential treatment given to Jehovah's Witnesses. Overall, the Committee recommended that Finland continue its laudable efforts to promote greater awareness of the Covenant.

In its concluding observations on Uruguay's fourth periodic report (document CCPR/C/79/Add.90), the Committee expressed its deep concern about the Ley de Caducidad de la Pretension Punitiva del Estado (Expiry Law of the Punitive Powers of the State) and its implications for the Covenant. In a number of cases the maintenance of the Expiry Law excluded the possibility of investigation into past human rights abuses and thereby prevented the Government from providing effective remedies to the victims of those abuses. In maintaining the law, Uruguay continued to contribute to an atmosphere of impunity which tended to undermine the democratic order and gave rise to further grave human rights violations.

The Committee expressed appreciation for the new Code of Criminal Procedure that would come into force in July. However, it noted with concern that several aspects of the code were not in conformity with the Covenant. Concern was also expressed about regulations relating to pre-trial detention; impartiality of judges; negation of rape charges; and habeas corpus during a state of emergency. The Committee also regretted that the new Code would not apply to those already charged with criminal offences as of June.

The Committee noted that the grounds for declaring an emergency were too broad and that the range of rights which might be derogated from did not conform to the provisions of the Covenant. Uruguay should restrict its provisions relating to the possibilities of declaring a state of emergency, and constitutionally specify those Covenant rights which are non-derogable.

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The Committee expressed concern that no special measures had been taken to ensure the adequate protection of the rights of members of minority groups. The Committee recommended that Uruguay continue to develop its efforts in identifying minority groups within the country and adopt the pertinent measures to ensure that their rights are respected.

The Committee also recommended that Uruguay should establish, as rapidly as possible, the Office of the Ombudsman. That Office should be independent of the Government, have clear jurisdiction over human rights violations, and be adequately staffed to deal with complaints of abuse. Uruguay should consider a Constitutional amendment to ensure the supremacy of international obligations. In addition, the Committee recommended that Uruguay continue in its efforts to harmonize domestic law with the provisions of the Covenant.

In its concluding observations on Zimbabwe's initial report (document CCPR/C/79/Add.89), the Committee noted detailing of human rights legislation but insufficient information on implementing the Covenant in practice. The Committee accepted Zimbabwe's offer to provide more information, including on measures to curb attitudes and practices recognized as impeding human rights. It commended Zimbabwe's actions to counter the condition, including by a constitutional amendment making gender a prohibited ground of discrimination. It also welcomed High Court decisions upholding Covenant rights; establishment of the recourse mechanisms of an Ombudsperson's office and a human rights Inter-Ministerial Committee; and human rights education.

Human rights concerns centred on the absence of institutional mechanisms for implementing and monitoring compatibility between legislation and the Covenant, which was not made part of domestic law. The Committee recommended establishing mechanisms to integrate Covenant rights in law and practice, including in regard to a duality between general and customary law that led to unequal treatment under marriage and inheritance laws. Traditional practices such as girl child pledging and female circumcision were also of concern, as were the persistence of domestic violence against women and their continued subordinate social status. The Committee recommended legislative prohibition of the practices and adoption of measures to prevent and eliminate them, including by providing legal remedies, educating women about rights, creating mechanisms to monitor non-discrimination laws, providing avenues for receiving and investigating complaints, award of compensations and publicity.

Additional concerns about human rights in Zimbabwe centred on undue force reportedly used during food riots in 1998. The Committee recommended establishing an independent investigation mechanism, taking action against violators, granting compensation to victims and conducting programmes in human rights for law enforcement and armed services personnel. Recommendations on other matters concerned improvement of the penal system; revision of legislation to curb discrimination against aliens and eliminate restrictions on the basic freedoms of movement, expression and privacy; providing

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information on the electoral system relative to political pluralism; introducing birth registration centres in rural areas; conducting education and awareness campaigns, including in minority languages; and dissemination of the Covenant, the State party report and the Committee's concluding observations.

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 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 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, Kenya, Kuwait and the Kyrgyz Republic.

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,

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Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Vincent and the Grenadines, San Marino, Senegal, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, Thailand, The former Yugoslav Republic of Macedonia, 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

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.

As of 17 February, the following 93 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, Croatia, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Dominican Republic, Ecuador, El Salvador, Equatorial Guinea, Estonia, Finland, France, Gambia, Georgia, Germany, Greece, Guinea, Guyana, Honduras, Hungary, Iceland, Ireland, Italy, Jamaica, and the Kyrgyz Republic.

Also: 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, Sierra Leone, Slovakia, Slovenia, Somalia, Spain, Sri Lanka, Suriname, Sweden, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Turkmenistan, Uganda, Ukraine, Uruguay, Uzbekistan, Venezuela, 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,

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Poland, Republic of Korea, Russian Federation, Senegal, Slovakia, 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 31 States: Australia, Austria, Colombia, 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.

Committee Membership

The Committee's 18 expert members are elected by the State parties to the Covenant to serve in their individual capacity 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.

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.

The officers of the Committee are: Ms. Chanet, Chairman; Mr. Bhagwati, Mr. El Shafei and Ms. Medina-Quiroga, Vice-Chairmen; and Ms. Evatt, Rapporteur.

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