HUMAN RIGHTS COMMITTEE CONCLUDES SIXTY-FIFTH SESSION HELD AT HEADQUARTERS FROM 22 MARCH TO 9 APRIL
Press Release
HR/CT/540
HUMAN RIGHTS COMMITTEE CONCLUDES SIXTY-FIFTH SESSION HELD AT HEADQUARTERS FROM 22 MARCH TO 9 APRIL
19990409 Adopts Concluding Observations on Reports of Chile, Canada, Lesotho And Costa Rica on Implementation of Civil and Political Rights CovenantAs the Human Rights Committee this morning concluded its sixty-fifth session -- held at United Nations Headquarters from 22 March to 9 April -- it adopted without a vote its concluding observations on reports submitted by Chile, Canada, Lesotho and Costa Rica under article 40 of the International Covenant on Civil and Political Rights.
The Committee noted that in Chile, the constitutional arrangements made as part of the political agreement that had facilitated the transition from military dictatorship to democracy hindered full implementation of the Covenant. It also stated that the Amnesty Decree Law, under which persons who committed offences between September 1973 and March 1978 are granted amnesty, was generally incompatible with the duty of the State to investigate human rights violations, to guarantee freedoms from such violations and to ensure that similar violations did not occur.
Addressing the report of Canada, the Committee noted that the situation of the aboriginal peoples was "the most pressing human rights issue facing Canadians". It recommended that decisive and urgent action be taken towards the full implementation of the recommendations of the Royal Commission on Aboriginal Peoples on land and resource allocation. It also strongly urged Canada to establish a public enquiry into the death of an aboriginal activist who had been shot by provincial police during a peaceful demonstration on land claims in September 1995.
The Committee welcomed the establishment of an interim political authority in Lesotho to facilitate and promote, with legislative and executive structures, preparations for general elections in 18 months. However, it expressed concern over the discrimination against women that was still being practiced in the country. It emphasized its grave concern that both common and customary law permitted discrimination by treating women as minors. The
Committee recommended that the State either repeal or amend those discriminatory laws and eradicate discriminatory practices that were violations of the Covenant.
The Committee regretted that Costa Rica's report did not sufficiently address the practical implementation of human rights in the country. The scope and effect of the remedy of amparo remained unclear and the Committee recommended that the State party provide illustrations from both private and public agencies of its application in that country's next report. Also of grave concern was the high incidence of commercial sexual exploitation of children that was often related to tourism, and the increase in child labour and school dropouts. It noted that no effective remedies had been put in place to combat those practices.
Also this morning, the Committee reviewed General Assembly resolutions on reports of the Third Committee (Social, Humanitarian and Cultural) and the follow-up progress report submitted by the Special Rapporteur for follow-up on views, and it discussed the distribution of its work for July, when it will consider the reports of Bosnia and Herzegovina, Cameroon, Kyrgystan, Morocco, Venezuela and Cambodia. The Committee also suggested reviewing the reports of Argentina, Australia, Kuwait, United Kingdom, and the Federal Repulic of Yugoslavia in October, and the report of Hong Kong, which would be presented by China in March 2000.
Over a three-week period, the 18-member Committee reviewed reports from Chile, Canada, Lesotho and Costa Rica on efforts to implement the International Covenant on Civil and Political Rights. The Committee also completed its considerations of the first draft of a general comment on article 12 of the Covenant which deals with the right to liberty of movement, freedom to choose residence and freedom to leave any country.
In addition, the Committee began a review of a revised draft general comment on article 3, which replaces general comment 4 (1981), and which addresses the equal rights of men and women. In its private session, the Committee considered communications sent to it by individuals or groups complaining of human rights violations.
Chile, Canada, Lesotho and Costa Rica are among the States parties to the Covenant, and under the terms of the treaty must submit periodic reports to the Committee. Government delegations were present during the sixty-fifth session to introduce documents and answer questions. The Committee, which was also scheduled to consider the reports of Cameroon and Cambodia, deferred those reviews until July.
The following new or elected members of the Committee were sworn in at the beginning of the sixty-fifth session of the Committee and solemnly undertook to discharge their duties impartially and conscientiously -- as
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provided for in article 38 the Covenant: Abdelfattah Amor, of Tunisia; Prafullachandra Bhagwati, of India; Thomas Buergenthal, of the United States; Christine Chanet, of France; Eckart Klein, of Germany; David Kretzmer, of Israel; Cecilia Medina Quiroga, of Chile, and Hipolito Solari Yrigoyen, of Argentina.
Ms. Medina Quiroga was elected Chairman of the session while Elizabeth Evatt, of Australia, Mr. Bhagwati and Mr. Amor were elected Vice-Chairmen. Lord Colville, of the United Kingdom, was elected Rapporteur. During the course of the session, the Committee also appointed Mr. Kretzmer as the Special Rapporteur for new communications, and Fausto Pocar, of Italy, as the Special Rapporteur for follow-up.
The Committee will meet for its sixty-sixth session in July in Geneva, Switzerland. Its working group will begin its considerations on 5 July and its plenary will begin on 12 July.
Committee Concluding Observations
Chile
In its concluding observations on Chile, the Committee noted that the Amnesty Decree Law, under which persons who committed offences between September 1973 and March 1978 are granted amnesty, was generally incompatible with the duty of the State to investigate human rights violations, to guarantee freedoms from such violations and to ensure that similar violations did not occur. Concerning the wide jurisdiction of the military courts, the Committee recommended that the law be amended so as to restrict that jurisdiction to the trial of military persons charged with offences of an exclusively military nature.
The Committee also recommended that Chile establish an independent body with authority to receive and investigate all complaints of excessive use of force and other abuses of power by the police and other security forces. It recommended that the law on pre-trial detention be amended immediately so as to ensure that such detention would be the exception and not the rule, and would be used, only when necessary, to protect compelling interests. It also recommended that the law which criminalizes abortions be amended so as to introduce exceptions to the general prohibition of all abortions and to protect the confidentiality of medical information.
The existing legal provisions that discriminated against women in marriage must be abolished, was another Committee recommendation. It was also recommended that a law be enacted making sexual harassment at the workplace an offence punishable by law. Regarding the participation of women in political life, public service and the judiciary, the Committee recommended that steps be taken to improve that participation, if necessary by affirmative action
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programmes. The Committee also felt that when planning actions that affected members of the indigenous community, Chile must pay attention to the sustainability and way of life of the indigenous culture, and the participation of indigenous communities in decisions that affected them.
Canada
In its concluding observations on Canada, the Committee urged that country to report adequately on implementation of article 1 of the Covenant: the right of all peoples to self-determination. The Committee noted that the situation of the aboriginal peoples was "the most pressing human rights issue facing Canadians". It recommended that decisive and urgent action be taken towards the full implementation of the recommendations of the Royal Commission on Aboriginal Peoples on land and resource allocation. The Committee also recommended that the practice of extinguishing inherent aboriginal rights be abandoned as soon as possible.
The Committee also expressed concern that there were gaps between the protection of rights under the Canadian Charter and other federal and provincial laws and the protection required under the Covenant. It recommended measures to ensure the full implementation of Covenant rights. It strongly urged Canada to establish a public enquiry into the death of an aboriginal activist who was shot by provincial police during a peaceful demonstration on land claims in September 1995. It recommended that Canada revise the policy of removal of aliens to countries where they might face torture, cruel, inhuman or degrading treatment in order to comply with requirements of the Covenant.
The Committee further recommended that Canada take steps to ensure the elimination of increasingly intrusive measures which affected the right of privacy of people relying on social assistance, including identification techniques such as fingerprinting and retinal scanning. Noting with concern that the State party had not secured freedom of association throughout its territory, the Committee recommended that measures be taken to ensure compliance with the Covenant. Concerned that many women had been disproportionately affected by poverty, the Committee also recommended a thorough assessment of the impact of recent changes in social programmes on women and that action be undertaken to redress any discriminatory effects.
Lesotho
In its concluding observations on Lesotho, the Committee expressed concern over discrimination against women that was still being practiced in that country. It emphasized its grave concern that both common and customary law permitted discrimination by treating women as minors. The Committee recommended that the State either repeal or ammend those discriminatory laws and eradicate discriminatory practices which were violations of the Covenant.
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Other areas of concern to the Committee were the influence of the military in civilian matters, the excessive use of force by the police and security forces, including shooting suspects who did not use force or violence, and the treatment of detainees while in custody. The Committee urged that measures be taken by the State to ensure the primacy of civil and political authority, and that it investigate instances of violence by police and ensure the prosecution and punishment of those responsible. It noted that the Lesotho report indicated that corporal punishment was still being practiced when medical doctors were present. That practice must be totally abolished both in practice and the law, the Committee recommended.
The denial of rights of the media and journalists was also a serious concern. They were repeatedly harassed and libel suits were often filed against them if they criticized the Government. Also, journalists who worked for the State were fired if they demonstrated any connection with the political opposition. The Committee urged that the State party respect the freedom of the press and desist from violations of their rights.
Costa Rica
Addressing Costa Rica, the Committee regretted that the fourth periodic report did not sufficiently address the practical implementation of human rights in the country. The scope and effect of the remedy of amparo remained unclear and the Committee recommended that the State party provide illustrations from both private and public agencies of its application in Costa Rica's next report. It noted the danger to life involved in clandestine abortions due to the continued criminalization of the practice and recommended that the law be amended to introduce exceptions to the general prohibitions of all abortions.
Concerned that domestic violence against women was on the increase, the Committee recommended that all necessary measures, including the enactment of appropriate legislation, be taken to protect women in those areas. Even though the country had affirmed that no case of torture had occurred in Costa Rica, it had not received adequate information about legislation and other measures designed to prevent and punish torture, and other cruel and inhuman acts.
Also of grave concern was the high incidence of commercial sexual exploitation of children that was apparently often related to tourism, and the increase in child labour and school dropouts. It noted that no effective remedies had been put in place to combat these phenomona.
Religious discrimination in education and other aspects of Costa Rican life continued to be a problem. The Committee noted that in its previous concluding observations on that issue to the State, it had suggested that Costa Rica was obliged to bring domestic legislation into accord with
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article 18 of the Covenant, which provides for the freedom of a person to practice the religion of his choice.
General Comment on Article 12
Article 12 states that everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. Everyone shall be free to leave any country, including his own. These rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order, public health or morals or the rights and freedoms of other, and are consistent with the other rights recognized in the Covenant. The article also states that no one shall be arbitrarily deprived of the right to enter his own country.
The draft general comment on article 12 notes, among other things, that liberty of movement is an essential element of any open society. It is an indispensable condition for the free development of a person and a necessary basis for the enjoyment of other human rights, such as the rights to receive information, to present opinions, to worship at a certain place, to assemble or to associate with others or to see family members elsewhere.
General Comment on Article 3
According to article 3, States parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the Covenant. The revised draft general comment aims to contribute to efforts by the United Nations to integrate the human rights of women throughout the Organization as reflected in the Vienna Declaration and the Programme of Action.
The Vienna Declaration and Programme of Action, adopted by consensus at the World Conference on Human Rights in Vienna, 1993, marked historic new steps to promote and protect human rights. Among other things, it urged the universal ratification of human rights treaties, including setting the target date of the year 2000 for the ratification of the Convention on the Elimination of All Forms of Discrimination against Women. The Declaration also supported the establishment of a special rapporteur on violence against women.
Background on Covenant
The International Covenant on Civil and Political Rights, its corresponding Optional Protocol and the International Covenant on Economic, Social and Cultural Rights, were adopted by the General Assembly on 16 December 1966 and opened for signature. They came into force on 23 March 1976.
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The Covenant on Civil and Political Rights begins by stating that all peoples have the right to 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 reason 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 freedom of expression are recognized by the Covenant, which also prohibits any propaganda for war or any advocacy of national, racial and religious hatred.
The following 144 States have ratified or acceded to the Covenant: Afghanistan, Albania, Angola, Algeria, Argentina, Armenia, Australia, Austria, Azerbaijan, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, 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.
Also Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, 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, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, Tajikistan, 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.
Liberia and Sao Tome and Principe are also signatories of the Covenant.
Optional Protocol
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
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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 95 States are parties to the Optional Protocol: Algeria, Angola, Argentina, Armenia, Australia, Austria, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Bulgaria, Burkina Faso, 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, and Guinea.
Also Guyana, Hungary, Iceland, Ireland, Italy, Kyrgyzstan, Latvia, Libya, Liechtenstein, 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, Tajikistan, The Former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Turkmenistan, Uganda, Ukraine, Uruguay, Uzbekistan, Venezuela, Zambia.
Second Optional Protocol
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.
The following 35 States have ratified or acceded to the Second Optional Protocol: Australia, Austria, Belgium, Colombia, Costa Rica, Croatia, Denmark, Ecuador, Finland, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Norway, Panama, Portugal, Romania, Seychelles, Slovenia, Spain, Sweden, Switzerland, The Former Yugoslav Republic of Macedonia, Uruguay and Venezuela.
Honduras and Nicaragua are also signatories of the Second Optional Protocol.
The Committee
The Human Rights Committee was established to monitor the implementation of the Covenant and its related Protocols on the territory of the States parties. Its 18 members -- independent experts -- are persons of high moral character and recognized competence in the field of human rights and serve for a period of four years. The Committee meets three times a year for three week sessions which are normally held in March at Headquarters in New York and in July and November at the United Nations Office in Geneva, Switzerland.
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Committee members are elected by States parties and serve in their personal capacity. The Committee is empowered to consider reports on measures adopted and progress made in achieving the observance of the rights enshrined in the Covenant. In addition, under the First Optional Protocol to the International Covenant on Civil and Political Rights, a number of States have recognized the competence of the Committee to consider communications from individuals regarding alleged violations of human rights. Members of the Committee serve for four years.
Membership of the Committee
The Committee's 18 expert members are: Abdelfattah Amor of Tunisia; 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; Elizabeth Evatt, of Australia; Pilar Gaitan de Pombo, of Colombia; Eckart Klein, of Germany; David Kretzmer, of Israel; Rajsoomer Lallah, of Mauritius; Cecilia Medina Quiroga, of Chile; Fausto Pocar, of Italy; Martin Scheinin, of Finland; Hipolito Solari Yrigoyen, of Argentina; Roman Wieruszewski, of Poland; Maxwell Yalden, of Canada; and Abdallah Zakhia, of Lebanon.
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