HUMAN RIGHTS COMMITTEE CONCLUDES SIXTY-FOURTH SESSION, HAVING MET IN GENEVA FROM 19 OCTOBER TO 6 NOVEMBER
Press Release
HR/CT/521
HUMAN RIGHTS COMMITTEE CONCLUDES SIXTY-FOURTH SESSION, HAVING MET IN GENEVA FROM 19 OCTOBER TO 6 NOVEMBER
19981109 (Reissued as received.)GENEVA, 6 November (UN Information Service) -- The Human Rights Committee concluded its sixty-fourth session this morning by issuing final observations and recommendations on reports submitted by Iceland, Belgium, Armenia, Libya, Japan and Austria.
The six countries submitted their reports and sent Government delegations to appear before the Committee to answer questions in keeping with their obligations as States parties to the International Covenant on Civil and Political Rights which was adopted in 1966 by the General Assembly. The Human Rights Committee, as a monitoring body, periodically examines reports submitted to States parties on their promotion and protection of civil and political rights. One hundred and forty countries have ratified the Covenant.
The Committee noted with concern the persistence of certain areas of inequality between men and women in Iceland, despite the efforts of the Government. It also reiterated its concern over the persistence of discrimination in law and practice against children born out of wedlock.
On the report of Belgium, the Committee expressed grave concern over the reports of widespread police brutality against suspects in custody. The Committee was also concerned about the behavior of Belgian soldiers in Somalia under the aegis of the United Nations Operation in Somalia (UNISOM II). It stressed that procedures used in the repatriation of some asylum seekers and, in particular, the method of placing a cushion on the face of an individual in order to overcome resistance, entailed a risk to life.
In its recommendations on the report of Armenia, the Committee recommended that the State party amend its Constitution so as to enable individuals to raise questions concerning human rights guaranteed in the Constitution. Armenia was also urged to consider ratification of the second Optional Protocol to the Covenant, aiming at the abolition of the death penalty; that it establish a special independent body to investigate complaints of torture and ill-treatment by law-enforcement personnel; and that it observe the Standard Minimum Rules for the Treatment of Prisoners.
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With regard to the report of Libya, the Committee recommended that the Government fully, publicly and impartially investigate all allegations of extrajudicial, arbitrary or summary executions perpetrated by State agents as well as the high incidence of arbitrary arrest and detention. Libya was urged to take urgent steps to reduce the number and type of crimes entailing capital punishment and to repeal all provisions incompatible with the provisions of the Covenant.
On the report of Japan, the Committee was concerned about discrimination against the indigenous Ainu minority and members of the Japanese-Korean minority. It was further concerned about allegations of violence and sexual harassment of persons detained pending immigration procedures, including harsh conditions of detention, the use of handcuffs and detention in isolation rooms. The Committee expressed concern that the number of crimes punishable by the death penalty had not been reduced.
And regarding the report of Austria, the Committee found positive aspects including the ratification by the State party of the second Optional Protocol to the Covenant; the withdrawal of some of its reservations to the Covenant; the recent constitutional and legislative changes aimed at improving protection against discrimination; the admission of women to the armed forces and their advancement in the Civil Service; and the end to the monopoly on radio broadcasting and the establishment of private radio stations in Austria.
During its three-week session, the Committee also considered complaints from individuals submitted to it under the first Optional Protocol to the Covenant. The Protocol, for States which have ratified it, allows the Committee to review complaints alleging violations of the terms of the International Covenant. Ninety-two States have ratified the Protocol. Committee discussion of individual complaints is carried out in private session. The panel's conclusions will be released later.
Mary Robinson, United Nations High Commissioner for Human Rights, addressing the Committee during its last day in session, stressed the important role it played in promoting and protecting human rights in all parts of the world through its monitoring mechanisms. She said she would give special attention to the work performed by all treaty bodies and particularly in the implementation of their decisions and recommendations by States parties.
The Committee appointed one of its members, Martin Scheinin, to present a study on the general observation of minimum standards in times of conflicts, to be discussed during its next session.
The next session of the Committee is scheduled from 22 March to 9 April 1999 in New York. It is expected to discuss reports submitted by Cameroon, Chile, Canada, Costa Rica, Lesotho and Cambodia.
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Conclusions and Recommendations
Among positive aspects of the report of Iceland, the Committee commended the State party for its excellent record in the implementation of the provisions of the Covenant. It expressed satisfaction at the adoption of constitutional acts to amend the human rights provisions of the Constitution, which now reflected to a greater extent the provisions of various international human rights instruments, including the Covenant.
The Committee, however, noted with concern the persistence of certain areas of inequality between men and women in Iceland, despite the efforts of the Government. It also reiterated its concern over the persistence of discrimination in law and practice against children born out of wedlock.
The Committee recommended that remaining reservations to the Covenant be reconsidered with a view to their eventual withdrawal; that the State party intensify its efforts to achieve full equality between men and women, including in the employment sector; that attention be paid to the prompt rectification of the situation regarding the rights of all children; and that the publication and wide dissemination in Iceland of the State party's report be ensured.
The Committee cited as positive aspects the establishment in Belgium of institutions aimed at monitoring the observance of human rights by State authorities; the set-up of a Council on Equal Opportunities for Men and Women; and the on-going reform of the judicial system undertaken by the Government. It also termed as positive the new instructions relating to the methods and techniques under which deportations were carried out; the entitlement of children of illegal immigrants to education and medical care; and the fact that unaccompanied minors seeking asylum were not sent back to their countries of origin, unless their safety was guaranteed.
Grave concern was expressed over the reports of widespread police brutality against suspects in custody. The Committee regretted the lack of transparency in the conduct of investigations on the part of the police authorities and the difficulty in obtaining access to that information. The Committee was concerned about the behavior of Belgian soldiers in Somalia under the aegis of UNISOM II, and acknowledged that the State party had recognized the applicability of the Covenant in that respect and had opened 270 files for purposes of investigation. Procedures used in the repatriation of some asylum seekers, and in particular the method of placing a cushion on the face of an individual in order to overcome resistance, entailed a risk to life. The recent case of a Nigerian national who died as a consequence of such techniques illustrated the need to re-examine the whole procedure of forceful deportations. The Committee was also concerned about the length of pre-trial detention and about the high number of detainees in prisons who were still awaiting trial; about the retention of a law dating back to 1965, which
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entitled the authorities to incarcerate minors for a period of fifteen days; about the distinction made in Belgian legislation between freedom of assembly and the right to demonstrate, which was excessively restricted; and about the production, sale and distribution of paedo-pornography.
The Committee recommended, among other things, that all security forces concerned in effecting deportations should receive special training; that suspects should be promptly informed of their rights in a language they understand; that pre-trial detention should be considered exceptional and should be justifiable; that the practice of keeping psychiatric patients in prison annexes for several months should be discontinued; that differentiation between freedom of assembly and the right to demonstrate be abolished; and that the State party provide precise information on the outcome of measures to promote equality and to combat violence against women. It urged Belgium to take effective measures to curtail the possession and distribution of paedo-pornography materials.
With regard to Armenia, positive aspects were noted in the report, including the current process being undertaken to bring its legislation fully in harmony with its international obligations; the establishment of the Commission on Human Rights as an advisory body to the President of the Republic; the expressed intention to abolish the death penalty by 1 January 1999, which would automatically affect all persons currently on death row; and the release of political prisoners in Armenia following the last presidential elections.
Concern was expressed, among other things, over the incompatibility of several provisions of the Constitution with the Covenant, for example the provision which guaranteed the freedom of movement only to citizens of Armenia; over the independence of the judiciary, which was not fully guaranteed; over the grounds for pre-trial detention, which were not exhaustively listed in the present law; over allegations of torture and ill-treatment by law-enforcement officials; over poor conditions prevailing in prisons; over discrimination against women in public and private employment and their under-representation in the conduct of public affairs; over the existence of the phenomenon of street children in Armenia; and over the strict governmental control over electronic media.
The Committee recommended, among other things, that Armenia amend its Constitution so as to enable individuals to raise questions concerning human rights guaranteed in the Constitution; that it consider ratification of the Second Optional Protocol aiming at the abolition of the death penalty; that it establish a special independent body to investigate complaints of torture and ill-treatment by law-enforcement personnel; that it observe the Standard Minimum Rules for the Treatment of Prisoners; that specific protection and punitive measures be taken with respect to all forms of violence against women, including rape; and that measures be taken to ensure that small
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national minorities had access to educational facilities in their language of origin.
The Committee noted that a factor impeding implementation of the Covenant in the Libyan Arab Jamahiriya was the embargo on air travel, imposed by the Security Council on the country since April 1992, which was considered by the Government as creating economic difficulties.
The Committee cited as positive the concrete efforts made by Libya to enact legislation reducing inequalities between men and women in the field of personal status law and the measures taken to improve the situation of women in public life and civil society, particularly in the workplace and in access to education.
It was concerned, among other things, by the lack of clarity about the legal status of the Covenant, in particular about the hierarchy between the Covenant, the Great Green Document on Human Rights and the Constitutional Proclamation; about the allegations of extrajudicial, arbitrary or summary executions perpetrated by State agents as well as of high incidence of arbitrary arrest and detention, including long detention without trial; about the vague wording of article 4 of the Promotion of Freedom Act, which stipulated that the death penalty might be imposed "on a person whose life endangers or corrupts society" and similar wording in the Great Green Document, thus leading to the imposition of the death penalty for offenses which could not be characterized as the most serious. It was also concerned about the high rate of maternal mortality; over persistent allegations of systematic use of torture and cruel, inhuman or degrading treatment or punishment; about the law enacted in 1997 known as the "Charter of Honour", which authorized collective punishment for those found guilty of collective crimes; about the excessive duration of remand in custody and undue prolongation of pre-trial detention; over the numerous restrictions, in law and practice, on the rights of freedom of expression; and over the persistence of discrimination in law and practice against children born out of wedlock.
The Committee recommended, among other things, that Libya fully, publicly and impartially investigate all allegations of extrajudicial, arbitrary or summary executions perpetrated by State agents as well as of the high incidence of arbitrary arrest and detention; that urgent steps be taken to reduce the number and type of crimes entailing capital punishment and to repeal all provisions incompatible with the provisions of the Covenant; that the State enforce a more efficient system for monitoring treatment of all detainees; that the imposition of flogging as a penalty for criminal offenses be ceased immediately and all laws providing for its imposition be repealed without delay; that measures be taken to reduce the length of pre-trial detention; that the numerous restrictions on the right to freedom of expression be immediately suspended; and that the Government intensify its
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efforts to guarantee full equal enjoyment by men and women of all their human rights.
The Committee cited as positive aspects to the report of Japan, including the on-going process to bring its legislation in harmony with the provisions of the Covenant; the establishment of the Council for the Promotion of Gender Equality aimed at investigating and developing policies for the achievement of a gender-equal society and its adoption of "The Plan for Gender Equality 2000"; and the abolition of restrictions on women's eligibility to take the national public service examination, the abolition of discriminatory compulsory retirement, and dismissals on grounds of marriage, pregnancy or childbirth.
The Committee expressed concern, among other things, over the repeated use of popularity statistics to justify attitudes of the State that might violate its obligations under the Covenant; about the restrictions which could be placed on the rights guaranteed in the Covenant on the grounds of "public welfare", a concept with was vague and open-ended and which might enable restrictions exceeding those permissible under the Covenant; about the absence of provisions for training of judges, prosecutors and administrative officers in human rights under the Covenant; and about the lack of institutional mechanisms available for investigating violations of human rights and for giving redress to the complainants. The Committee also expressed concern about the absence of an independent authority to which complaints of ill-treatment by the police and immigration officials could be addressed for investigation and redress and about the discrimination against children born out of wedlock.
The Committee also noted with concern the discrimination against the Ainu indigenous minority in regard to language and higher education, as well as about non-recognition of their land rights and the instances of discrimination against members of the Japanese-Korean minority. It was further concerned about allegations of violence and sexual harassment of persons detained pending immigration procedures including harsh conditions of detention, the use of handcuffs and detention in isolation rooms; that the number of crimes punishable by the death penalty had not been reduced; and about the conditions under which persons were held on death row.
The Committee recommended, among other things, that Japan bring its internal law in conformity with the Covenant; that provisions for training of judges, prosecutors and administrative officers in human rights be made available; that it set up an independent mechanism for investigation and redress of complaints of violations of human rights; that it amend its legislation relating to discrimination against children born out of wedlock; that it review the conditions of detention; that Japan take measures towards the abolition of the death penalty; that the conditions of detention on death
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row be made humane; and that the interrogation of the suspect in police custody or substitute prisons be strictly recorded by electronic means.
And concerning the report of Austria, the Committee found positive aspects including the ratification by the State party of the Second Optional Protocol to the Covenant; the withdrawal of some of its reservations to the Covenant; the recent constitutional and legislative changes aimed at improving protection against discrimination, the admission of women to the armed forces and their advancement in the Civil Service; and the end to the monopoly on radio broadcasting and the establishment of private radio stations in Austria.
The Committee was concerned that Austria had no intention of adopting appropriate procedures for taking into account the Committee's views under the Optional Protocol; that there was no provision in the Code of Criminal Procedure whereby a statement by way of confession must, if challenged, be proved not to have been extracted by means of torture of ill-treatment; and that the presence of a lawyer to advise a detained person was not authorized at the preliminary state of judicial criminal investigation. It was also concerned about certain features of Austria's law and procedure concerning asylum-seekers and immigrants.
The Committee recommended that the State party ensure that all rights protected under the Covenant were given effect in Austrian law; that steps be taken to amend the Code of Criminal Procedure regarding ill-treatment in extracting confession; that audio-recording of interrogations be implanted in all Länder; and that the State party fully implement the principle of independence of all courts and tribunals.
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 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
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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, Kenya, Kuwait and Kyrgyzstan.
Also having ratified the Covenant are: 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, 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 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 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, Democratic Republic of the Congo, Denmark, Dominican Republic, Ecuador, El Salvador, Equatorial Guinea, Estonia, Finland, France, Gambia, Georgia, Germany, Greece, Guinea, Guyana, Hungary, Iceland, Ireland, and the Kyrgyzstan.
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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, 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 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.
Membership of Committee
The Committee's 18 expert members, who serve in their individual capacity, are elected by the State parties to the Covenant 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
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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, Chairperson; Mr. Bhagwati, Mr. El Shafei and Ms. Medina Quiroga, Vice-Chairpersons; and Ms. Evatt, Rapporteur.
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