HUMAN RIGHTS COMMITTEE TO HOLD SIXTY-SEVENTH SESSION AT GENEVA FROM 18 OCTOBER TO 5 NOVEMBER

14 October 1999

Press Release
HR/CT/543

HUMAN RIGHTS COMMITTEE TO HOLD SIXTY-SEVENTH SESSION AT GENEVA FROM 18 OCTOBER TO 5 NOVEMBER

19991014 Background Release

Experts to Examine Reports of Norway, Morocco, Republic Of Korea, Macau, Cameroon and Special Administrative Region of Hong Kong

(Reissued as received.)

GENEVA, 14 October (UN Information Service) -- Reports submitted by the Governments of Norway, Morocco, Republic of Korea, Cameroon, Portugal (on Macau) and the Special Administrative Region of Hong Kong on measures taken to implement the International Covenant on Civil and Political Rights will be considered by the Human Rights Committee at its sixty-seventh session, to be held at the Palais des Nations at Geneva from 18 October to 5 November 1999.

The opening meeting will be held at 10:30 a.m. on 18 October when the Committee members will adopt their programme of work. According to the provisional timetable, the Committee will examine the fourth periodic report of Norway on Tuesday, 19 October. It is then expected to take up the reports of Morocco (fourth periodic) on Wednesday, 20 October; Republic of Korea (second periodic) on Friday, 22 October; Macau (fourth periodic, presented by Portugal) on Monday, 25 October; Cameroon (third periodic) on Wednesday, 27 October; and the Special Administrative Region of Hong Kong (fifth periodic) on Monday, 1 November.

The countries presenting reports are among the 144 States parties to the Covenant which was adopted in 1966 by the General Assembly. The Committee, as a monitoring body, periodically examines reports submitted by States parties on their promotion and protection of civil and political rights. Representatives of those governments will introduce their country reports and respond to oral and written questions by the Committee’s 18 members, who serve in their personal capacity.

Under the first Optional Protocol to the Covenant, 95 States parties recognize the competence of the Committee to consider confidential communications from individuals claiming to be victims of violations of any rights proclaimed under the treaty. Since the procedure began in 1977, the Committee has found violations in more than 250 cases.

In addition, the Committee will have before it summaries of a number of recently registered communications and summaries of new communications registered after its last session, together with an indication of any action which may have been taken by the Special Rapporteur on new communications.

Forty States parties have ratified or acceded to the Second Optional Protocol to the Covenant, which aims at the abolition of the death penalty.

Concluding Observations on the Last Reports Submitted by Norway, Morocco, Republic of Korea, Portugal (on Macau), Cameroon and Hong Kong.

In its concluding observations on the third periodic report on Norway, adopted in November 1993, the Committee welcomed with satisfaction that level of achievement in the respect of human rights there. It noted that the Government ratified the Second Optional Protocol to the Covenant on the abolition of the death penalty. Committee members expressed concern that the provisions of the Covenant were not fully incorporated into the Constitution, and showed further concern over the vagueness of the criterion of “compelling social consideration” under which a foreign national’s right to choose his or her place of residence may be restricted. It recommended that further measures be taken to adopt or repeal outdated provisions in the Constitution or the domestic laws relating to the freedom of conscience and religion, or the freedom of expression, and bring them into line with provisions of the Covenant. The Committee also suggested that the laudable efforts already made in connection with the promotion of greater public awareness of the provisions of the Covenant and Optional Protocols should be further pursued.

Following its consideration of the third periodic report of Morocco, adopted in November 1994, the Committee recognized that the attitude of the Government had changed towards a greater openness in its handling of human rights issues, including its reporting obligations under the Covenant. The Committee also noted with satisfaction the promulgation in 1992 of an amended Constitution, and the amnesty of a number of political prisoners. The Committee did list, as a main subject of concern, the country’s role with regard to the persistent problems faced regarding self-determination in Western Sahara, and said it regretted that, although some improvement had been achieved with regard to the status of women, the State party has not yet embarked on all the necessary reforms to combat the difficulties still impeding equality between men and women. Members recommended that Morocco study measures to limit the categories of crimes punishable by the death penalty to the most serious offences, with a view to its eventual abolition. The Committee also emphasized the need for the Government to prevent and eliminate discriminatory attitudes and prejudices towards women, and to revise domestic legislation with a view to bring it in conformity with the Covenant.

Offering its concluding observations to the initial periodic report of the Republic of Korea, adopted in July 1992, the Committee noted with satisfaction that consideration was being given to the possibility of withdrawing the country’s reservations to the Covenant. Additionally, the Committee noted that progress had been made in regard to providing legal aid and towards narrowing the scope of operation of the National Security Law. Members, however, said its main concerns related to the continued operation of the National Security Law -- they wrote that ordinary laws, and specifically applicable criminal laws, should be sufficient to deal with offences against national security. Further, the Committee expressed concern about the high number of offences liable to the death penalty. In particular, it noted the inclusion of robbery among the offences carrying the punishment. Taking into account the positive development regarding respect of human rights that had taken place in the State party over recent years, the Committee suggested that it intensify its efforts to bring its legislation more in line with the provisions of the Covenant. It was also suggested that the Government reduce further the restrictions on exercising the right to peaceful assembly.

After considering the third periodic report of Portugal concerning Macau, adopted in April 1997, the Committee welcomed the abolishment of the death penalty, including military crimes, and noted with appreciation that the domestic law was interpreted to prohibit extradition to a country where the person concerned could be sentenced to death. It also lauded the fact that both the Portuguese Constitution and the Organic Statute of Macau say that State agencies and public bodies are liable for actions or omissions resulting in the violation of human rights. The Committee, however, was concerned at the reports on the extent of trafficking in women in Macau, and the large number from different countries who were being brought into Macau for the purpose of prostitution. They said it was extremely concerned at the inaction by the authorities in preventing and penalizing exploitation of these women, and that, in particular, immigration and police officials were not taking effective measures to protect these women and to impose sanction on those who were exploiting them through prostitution. Further, the Committee was concerned that, while a majority of the population is Chinese-speaking, official charge forms and charge sheets, among other documents, were in Portuguese only, although it noted that efforts were being made to make Chinese versions available. It suggested that efforts be accelerated to make those documents available in Chinese. The Committee also recommended that determined efforts be made to ensure a substantial rise in the percentage of locally born residents holding senior posts within the public administration and the judiciary.

Following its consideration of the second periodic report of Cameroon, adopted in April 1994, the Committee cited the establishment of the National Committee for Human Rights and Freedoms as a positive aspect, saying it represented a notable advance in the promotion of human rights in the country. Committee members also noted that the acts passed in 1990 concerning political parties, which established a multiparty system, constituted an encouraging factor for the implementation of the Covenant. The Committee, however, wrote it deplored that the Government had not embarked on all the necessary reforms to combat the factors still impeding equality of men and women, and added that it also deplored the infringements of the right to life by representatives of the security forces, the Army and even paramilitary groups in respect of civilians, not only during the events of 1992, but also in March 1993 and, more recently, March 1994. Members recommended measures be taken to organize free, equitable and transparent elections, and strongly recommended that the Government take all necessary measures to prevent summary executions, torture, ill-treatment and illegal detention, that all such cases be investigated in order to bring those suspected of having committed such acts before the courts, that those found guilty be punished, and that the victims be compensated.

After considering the fourth periodic report of Hong Kong (now the Special Administrative Region of Hong Kong), adopted in October 1995, the Committee welcomed the initiatives taken by the Government with a view to ensuring the full implementation of the Covenant, in the future as well as the present. It also noted as a positive aspect the efforts being made by the authorities to disseminate information on human rights to members of the judiciary, civil servants, teachers and the public in general, including school-age children. Committee members expressed concern over the investigative procedure in respect of alleged human rights violations by the police. It noted that the investigation of such complaints rests within the Police Force itself, rather than being carried out in a manner that ensured its independence and credibility. It also regretted that there was, as yet, no detailed legislation to cover public emergencies. The Committee recommended that the Government reconsider its decision on the establishment and competence of a human rights commission, and urged the Government to take immediate steps to ensure that living conditions in Vietnamese refugee detention centres be improved. Special attention, the panel said, should be devoted to the situation of children, whose rights under the Covenant should be protected.

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 entered into force in 1976.

The Civil and Political Rights Covenant 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 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, 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.

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 95 States are parties to the First 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 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, 47 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, Liechtenstein, Luxembourg, Malta, Netherlands, New Zealand, Norway, Peru, Philippines, Poland, Republic of Korea, Russian Federation, Senegal, Slovakia, Slovenia, South Africa, 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. The following 40 States have ratified or acceded to the Second Optional Protocol: Australia, Austria, Azerbaijan, Belgium, Bulgaria, Colombia, Costa Rica, Croatia, Cyprus, Denmark, Ecuador, Finland, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Norway, Panama, Portugal, Romania, Seychelles, Slovakia, Slovenia, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Uruguay and Venezuela.

States Parties to Covenant

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.

Membership of Committee

The Committee's 18 expert members, who serve in their individual capacity, are elected by the States 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: Abdelfattah Amor (Tunisia); Nisuke Ando (Japan); Prafullachandra Natwarlal Bhagwati (India); Christine Chanet (France); Lord Colville (United Kingdom); Elizabeth Evatt (Australia); Louis Henkin (United States); Eckart Klein (Germany); David Kretzmer (Israel); Pilar Gaitan de Pombo (Colombia); Rajsoomer Lallah (Mauritius); Cecilia Medina Quiroga (Chile); Fausto Pocar (Italy); Hipolito Solari Yrigoyen (Argentine); Martin Scheinin (Finland); Roman Wieruszewski (Poland); Maxwell Yalden (Canada); and Abdallah Zakhia (Lebanon).

Ms. Medina Quiroga is Chairperson of the session while Ms. Evatt, Mr. Bhagwati and Mr. Amor are Vice-Chairpersons. Lord Colville is Rapporteur. Mr. Kretzmer is the Special Rapporteur for new communications, and Mr. Pocar is the Special Rapporteur for follow-up.

* *** *