HUMAN RIGHTS COMMITTEE CONSIDERS REPORTS FROM FOUR COUNTRIES

Round Up

HUMAN RIGHTS COMMITTEE CONSIDERS REPORTS FROM FOUR COUNTRIES

Comments Made on Implementation of Covenant on Civil

And Political Rights by Philippines, Russian Federation, Latvia, Sri Lanka

(Reissued as received.)

GENEVA, 7 November (UN Information Service) -- The Human Rights Committee today concluded a three-week session during which it considered and adopted observations and recommendations on the reports submitted by the Philippines, Russian Federation, Latvia and Sri Lanka on how they implement the provisions of the International Covenant on Civil and Political Rights.

The situation in a fifth country, Equatorial Guinea, was examined in a closed meeting in the absence of a report from that country.  The Committee drew up provisional concluding observations and recommendations that will be made public if the State party fails to submit a report before 1 August 2004.

Governments of the Philippines, Russian Federation, Latvia and Sri Lanka sent delegations to answer questions raised by Committee experts, in keeping with their obligations as States parties to the International Covenant.  (There are 150 States parties to the Covenant.) 

Among its findings on the second periodic report of the Philippines, the Committee appreciated the progress made by the State party to reform its domestic legal order to comply with its commitments under the Covenant.  It noted with satisfaction that the State party had facilitated international assistance in relation to education and training on the protection of human rights.  The Committee was concerned about the lack of appropriate measures to investigate crimes allegedly committed by State security forces and agents, in particular those committed against human rights defenders, journalists and leaders of indigenous peoples, and the lack of measures taken to prosecute and punish the perpetrators.  The Committee recommended that the State party adopt legislative and other measures to prevent such violations, in keeping with articles 2, 6 and 9 of the Covenant, and to ensure effective enforcement of the legislation.

Concerning the fifth periodic report of the Russian Federation, the Committee noted with appreciation numerous legislative developments and efforts to strengthen the judiciary and welcomed the Federal Constitutional Law of 26 January 1997 which created the institution and set out the functions and responsibilities of the Federal Commissioner for Human Rights.  The Committee said it was concerned about the large number of persons in the State party who were being trafficked for sexual and labour exploitation, mainly to destinations outside the borders of the State party.  With regard to the situation in Chechnya, the Committee said it remained deeply concerned about continuing substantial reports of human rights violations there.  It recommended that the State party ensure that operations in Chechnya were carried out in compliance with its international human rights obligations.

With regard to the second periodic report of Latvia, the Committee welcomed the significant progress in legislative and institutional reform since the review of the first periodic report in 1995, including the establishment of a Constitutional Court.  The Committee said it was concerned about the large proportion of non-citizens in the country, who by law were treated neither as foreigners nor as Stateless persons but as a distinct category of persons with long-lasting and effective ties to Latvia, in many ways comparable to citizens but in other respects without the rights that come with full citizenship.  The Committee expressed its concern over the perpetuation of a situation of exclusion, resulting in lack of effective enjoyment of many Covenant rights by the non-citizen segment of the population.  It recommended that the State party prevent the perpetuation of a situation where a considerable part of the population was classified as “non-citizens”.

After considering the fourth periodic report of Sri Lanka, the Committee welcomed the conclusion, on 24 February 2002, of a ceasefire agreement between the Government and the Liberation Tigers Tamil Eelam (LTTE), and expressed the hope that the implementation and monitoring of the agreement would help to achieve a peaceful and lasting solution to a conflict which had given rise to serious violations of human rights on both sides.  It was, however, concerned about the large number of enforced or involuntary disappearances of persons during the time of the armed conflict, and particularly about the State party’s inability to identify, or inaction in identifying, those responsible and its inability to bring them to justice.  It urged the State party to implement fully the right to life and physical integrity of all persons and to give effect to the relevant recommendations made by the United Nations Working Group on Enforced or Involuntary Disappearances.

In the course of the current session, the Committee continued its consideration of a draft General Comment on article 2 of the International Covenant concerning effective remedies for violations of the treaty.

The Committee also considered communications from individuals submitted to it under the first Optional Protocol to the Covenant.  The Protocol, for the 104 ratifying States, allows review by the Committee of complaints from persons alleging violations of the terms of the Covenant; such reviews are carried out in private session.  The Committee's conclusions on cases considered during the session will be released at a later date.

The next session of the Committee will take place from 15 March to 2 April 2004 in New York.  During that session, the Experts are expected to consider reports from Colombia, Suriname, Lithuania, Germany and Uganda. 

Country Reports

On the second periodic report of the Philippines, the Committee appreciated the progress made by the State party in reforming its domestic legal order to comply with its commitments under the Covenant.  It welcomed, among other actions, the ratification of the Optional Protocol to the Covenant in August 1989.  The Committee considered that the process of reform should be accelerated and strengthened.  It noted with satisfaction that the State party had facilitated international assistance in relation to education and training on the protection of human rights.

Concerned about the lack of appropriate measures to investigate crimes allegedly committed by State security forces and agents, in particular those committed against human rights defenders, journalists and leaders of indigenous peoples, and the lack of measures taken to prosecute and punish the perpetrators, the Committee said the State party should adopt legislative and other measures to prevent such violations, in keeping with articles 2, 6 and 9 of the Covenant, and ensure effective enforcement of the legislation.

Expressing concern regarding reported cases of extrajudicial killings, arbitrary detention, harassment, intimidation and abuse, including of detainees (many of whom were women and children), that had neither been investigated nor prosecuted, the Committee said the State party should adopt and enforce legislative and other measures to prevent such violations in keeping with articles 6 and 9 of the Covenant and should improve the implementation of relevant laws.  The State party should conduct prompt and impartial investigations and prosecute and punish the perpetrators.

The Committee was concerned about the reports of persistent and widespread use of torture and cruel, inhuman or degrading treatment or punishment of detainees by law enforcement officials and the lack of legislation specifically prohibiting torture in accordance with articles 7 and 10 of the Covenant.  It said the State party should institute an effective system of monitoring treatment of all detainees to ensure that their rights were fully protected.  The State party should ensure that an independent authority effectively and promptly investigate all allegations of torture, that those found responsible were prosecuted, and that victims were given adequate compensation. 

Further, the Committee was concerned that the law allowing for warrantless arrest was open to abuse, in that arrests in practice did not always respect the statutory conditions that the person arrested was actually committing a crime or that the arresting officer had “personal” knowledge of facts indicating that the person arrested committed the crime.  It was also concerned that a vaguely worded anti-vagrancy law was used in order to arrest persons without warrant, especially female prostitutes and street children.  The State party should ensure that its laws and practices with regard to arrest were brought into full conformity with article 9 of the Covenant.

Concerned at continuing reports of displacement of persons and evacuation of populations, including indigenous population groups, in areas of counter-insurgency operations, the Committee said the State party should take measures to ensure the protection of civilians in areas affected by military operations.

With respect to the fifth periodic report of the Russian Federation, the Committee noted with appreciation numerous legislative developments and efforts to strengthen the judiciary since the submission of the fourth periodic report, which had further improved the protection of Covenant rights.  It also noted the information given by the delegation about a decision plenum of the Supreme Court of 10 October 2003 instructing general courts in their obligation to be guided by relevant international treaties, including human rights treaties.  The Committee welcomed the Federal Constitutional Law of 26 January 1997, which created the institution and set out the functions and responsibilities of the Federal Commissioner for Human Rights, in line with the Committee’s previous recommendations.  It also welcomed, among other things, the notable achievements in addressing the problem of overcrowding in prisons, through increasing resort to alternative forms of punishment, amnesties and reduced use of pre-trial detention.

Reiterating its concern regarding persistent inequality in the enjoyment of Covenant rights by women, the Committee said that the State party should ensure that effective measures were taken to improve the situation of women as to their enjoyment of Covenant rights. 

The Committee said it was concerned about the large number of persons in the State party who were being trafficked for sexual and labour exploitation, mainly to destinations outside the borders of the State party.  It urged the State party to reinforce measures to prevent and combat trafficking in women through, among other things, enacting legislation penalizing such practices and providing protection and support, including rehabilitation programmes, for the victims.

Noting that the death penalty was abolished de facto by the Presidential decree of 16 May 1996, the Committee was concerned that the current moratorium would automatically end once the jury system had been introduced in all constituent entities of the State party, scheduled to be completed in 2007.  The State party should abolish the death penalty de jure before the expiration of the moratorium and accede to the Second Optional Protocol. 

While the Committee noted that a number of measures had been taken to prevent the use of excessive force and torture by law enforcement personnel during the process of questioning, it remained concerned that suspects and detainees were not sufficiently protected under current legislation.  The State party should ensure that law enforcement officials were prosecuted for acts contrary to article 7 of the Covenant, and that the charges corresponded to the seriousness of the acts committed.

The Committee remained deeply concerned about continuing substantial reports of human rights violations in the Chechen Republic, including extrajudicial killings, disappearances and torture, including rape.  It was also concerned that investigations into a number of large-scale abuses and killings of civilians in 1999 and 2000 had still not been brought to a conclusion.  It was further concerned about the provision in the Federal Law “On Combating Terrorism”, which exempted law enforcement and military personnel from liability for harm caused during counter-terrorist operations.  The State party should ensure that operations in Chechnya were carried out in compliance with its international human rights obligations.  The State party should ensure that abuse and violations were not committed with impunity de jure or de facto.

While the Committee welcomed the introduction of the possibility for conscientious objectors to substitute civilian service for military service, it remained concerned that the Alternative Civilian Service Act, which would take effect on 1 January 2004, appeared to be punitive in nature by prescribing civil service of a length of 1.7 times that of normal military service.  The State party should reduce the length of civilian service to that of military service and ensure that its terms were compatible with articles 18 and 26 of the Covenant.

The Committee noted with concern the closure in recent years of a number of independent media companies and an increase in State control of major media outlets, either directly or indirectly through State-owned corporations.  The State party was invited to protect media pluralism and avoid State monopolization of mass media, which would undermine the principle of freedom of expression enshrined in article 19 of the Covenant. 

The Committee was concerned that journalists, researchers and environmental activists had been tried and convicted on treason charges, essentially for having disseminated information of legitimate public interest, and that in some cases, where the charges were not proven, the courts had referred the matter back to prosecutors instead of dismissing the charges.  The State party should ensure that no one was subjected to criminal charges or conviction for carrying out legitimate journalistic or investigative scientific work, within the terms covered by article 19 of the Covenant.

After considering the second periodic report of Latvia, the Committee welcomed the significant progress in legislative and institutional reform since the review of the first periodic report in 1995, in particular the inclusion in the country’s Constitution of Chapter III on Fundamental Human Rights, as well as the establishment of a Constitutional Court and the introduction of the right of individuals to launch a constitutional complaint.  It noted with great interest the rulings by the Court removing from the national legal system norms conflicting with international human rights standards.  Other positive legislative reforms included in particular the adoption and entry into force of a new Asylum Law, dealing with the issue of non-refoulement; amendments to the election law, removing the language requirements to stand for election; and to legislation on trafficking in human beings.  The Committee also welcomed the establishment of the National Human Rights Office and particularly its use of the mandate to submit complaints to the Constitutional Court.

Concerned about allegations of ill-treatment of persons by police officers, as well as the lack of statistical data on the number, details and outcome of cases of ill-treatment, the Committee said the State party should take firm measures to eradicate all forms of police ill-treatment, including prompt investigations, prosecution of perpetrators and the provision of effective remedies to the victims.  It was also concerned that no independent oversight mechanism existed for investigating complaints of criminal conduct against members of the police, which could contribute to impunity for police officers involved in human rights violations.  The State party should establish an independent body with authority to receive and investigate all complaints of excessive use of force and other abuse of power by the police.

While acknowledging the State party’s admission that the average length of pre-trial detention was unsatisfactory, and its attempt to remedy the situation in the proposed code of criminal procedure, the Committee was concerned about the length of pre-trial detention.  The State party should take all legislative and administrative measures to ensure compliance with articles 9(3) and 14 of the Covenant as a matter of priority. 

The Committee noted the information provided by the delegation as to the improvement of the situation of overcrowding in prisons; however, in view of reports that overcrowding in prisons continued to be a concern, the Committee should be provided with specific information to indicate to what extent overcrowding in prisons was a problem.  The State party should continue to take measures to address overcrowding in prisons and to ensure compliance with the requirements of article 10 of the Covenant.

Also, the Committee noted the efforts made by the State party to address the situation regarding trafficking in persons, in particular by amending legislation, the adoption of a preventive strategy by providing information to potential victims, and through international cooperation.  However, it was concerned about the slow progress made in implementing those policies and noted that it had received only limited statistical information from the State party.  Measures should be taken to combat that practice, which constituted a violation of several Covenant rights, including article 3 and the right under article 8 to be free from slavery and servitude.

While noting the efforts made by the State party to combat domestic violence, the Committee was concerned at reports that domestic violence persisted.  The State party should adopt the necessary policy and legal framework to combat domestic violence.  Further, the Committee noted with satisfaction that in 2002, a new law on alternative service had entered into force, which provided for the right to conscientious objection.  However, it remained concerned that, pending a change in the conscription law, the duration of alternative service was up to twice that of military service and appeared to be discriminatory.  The State party should ensure that the alternative service was not of a discriminatory duration. 

The Committee, while noting the measures taken by the State party to make the naturalization process more accessible and increase the rate of naturalization of non-citizens, was concerned about the limited results of those policies, with many candidates not even initiating the procedure.  Furthermore, the Committee was concerned about the possible obstacles posed by the requirements to pass a language examination.  The State party should further strengthen its efforts to effectively address the lack of applications for naturalization, as well as possible obstacles posed by the requirements to pass a language examination.

With regard to the status of non-citizens, the Committee noted the policy of the State party to further social integration through naturalization.  However, the Committee was concerned about the large proportion of non-citizens in the country, who by law were treated neither as foreigners nor as Stateless persons but as a distinct category of persons with long-lasting and effective ties to Latvia, in many ways comparable to citizens but in other respects without the rights that come with full citizenship.  The Committee expressed its concern over the perpetuation of a situation of exclusion, resulting in lack of effective enjoyment of many Covenant rights by the non-citizen segment of the population, including political rights, the possibility to occupy certain State and public positions, the possibility to exercise certain professions in the private sector, restrictions in the area of ownership of agricultural land, as well as social benefits.  The State party should prevent the perpetuation of a situation where a considerable part of the population was classified as “non-citizens”.

Concerning the fourth periodic report of Sri Lanka, the Committee welcomed the conclusion, on 24 February 2002, of a cease-fire agreement between the Government and the Liberation Tigers Tamil Eelam (LTTE), and expressed the hope that the implementation and monitoring of the agreement would help to achieve a peaceful and lasting solution to a conflict which had given rise to serious violations of human rights on both sides.  It also welcomed the establishment of the National Human Rights Commission in 1997.  It noted the measures taken by the State party to improve awareness of human rights standards among public officials and members of the armed forces, and to facilitate the investigation of human right violations.

While taking note of the proposed constitutional reform and the legislative review project currently being undertaken by the National Human Rights Commission, the Committee remained concerned that Sri Lanka’s legal system still did not contain provisions which covered all of the substantive rights set forth in the Covenant, or all the necessary safeguards required to prevent the restriction of Covenant rights beyond the limits permissible under the Covenant.  The State party should ensure that its legislation would give full effect to the rights recognized in the Covenant and that domestic law was harmonized with the obligations undertaken under the Covenant.

The Committee remained concerned about persistent reports of torture and cruel, inhuman or degrading treatment or punishment of detainees by law enforcement officials and members of the armed forces, and that the restrictive definition of torture in the 1994 Convention against Torture Act continued to raise problems in the light of articles of the Covenant.  It regretted that the majority of prosecutions initiated against police officers or members of the armed forces on chargers of abduction and unlawful confinement, as well as on charges of torture, had been inconclusive because of a lack of satisfactory evidence and unavailability of witnesses.  The Committee also noted with concern reports that victims of human rights violations felt intimidated from bringing complaints.  The State party should adopt legislation and other measures to prevent such violations, and the National Police Commission complaints procedure should be implemented as soon as possible.

The Committee was concerned about the large number of enforced or involuntary disappearances of persons during the time of the armed conflict, and particularly about the State party’s inability to identify, or inaction in identifying, those responsible and to bring them to justice.  The State party was urged to implement fully the right to life and physical integrity of all persons and to give effect to the relevant recommendations made by the United NationsWorking Group on Enforced or Involuntary Disappearances.

While noting that corporal punishment had not been imposed as a sanction by the courts for about 20 years, the Committee expressed concern that it was still statutorily permitted, and that it was still used as a prison disciplinary punishment.  The State party was urged to abolish all forms of corporal punishment as a matter of law and effectively to enforce those measures in primary and secondary schools, and in prisons.

The Committee was concerned that the Prevention of Terrorism Act remained in force and that several of its provisions were incompatible with the Covenant.  It welcomed the decision of the Government not to apply the provisions of the Act and to ensure that normal procedures for arrest, detention and investigation prescribed by the Criminal Procedure Code were followed.  The State party was urged to ensure that all legislation and other measures taken to fight terrorism were compatible with the provisions of the Covenant.

Concerned about recurrent allegations of trafficking in the State party, the Committee said the State party should vigorously pursue its public policy to combat trafficking in children for exploitative employment and sexual exploitation.

The Committee noted with concern that overcrowding remained a serious problem in many penitentiary institutions, with the inevitable adverse impact on conditions of detention in those facilities.  The State party should pursue appropriate steps to reduce overcrowding in prisons, including resorting to alternative forms of punishment.

While appreciating the repeal of the statutory provisions relating to criminal defamation, the Committee noted with concern that State radio and television programmes still enjoyed broader dissemination than privately owned stations.  The State party was urged to protect media pluralism and avoid State monopolization of the media.

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:  Abdelfattah Amor (Tunisia); Nisuke Ando (Japan); Prafullachandra Natwarlal Bhagwati (India); Alfredo Catillero Hoyos (Panama); Christine Chanet (France); Franco Depasquale (Malta); Maurice Glele Ahanhanzo (Benin); Walter Kälin (Switzerland); Ahmed Tawfik Khalil (Egypt); Rajsoomer Lallah (Mauritius); Rafael Rivas Posada (Colombia); Sir Nigel Rodley (United Kingdom); Martin Scheinin (Finland); Ivan Shearer (Australia); Hipolito Solari Yrigoyen (Argentina); Ruth Wedgwood (United States); Roman Wieruszewski (Poland); and Maxwell Yalden (Canada).

Mr. Amor is Chairperson of the Committee.  Mr. Rivas Posada, Sir Nigel Rodley and Mr. Wieruszewski are Vice-Chairpersons, and Mr. Shearer is the Rapporteur.

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