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HUMAN RIGHTS COMMITTEE CONCLUDES EIGHTY-FIRST SESSION

Adopts Final Conclusions and Recommendations on Reports

From Belgium, Namibia, Liechtenstein and Serbia and Montenegro

(Reissued as received.)

GENEVA, 30 July (UN Information Service) -- The Human Rights Committee concluded today a four-week session during which it considered and adopted concluding observations and recommendations on the reports submitted by Belgium, Namibia, Liechtenstein, and Serbia and Montenegro on how they implement the provisions of the International Covenant on Civil and Political Rights.

The Governments of Belgium, Namibia, Liechtenstein, and Serbia and Montenegro sent delegations to answer questions raised by Committee Experts in keeping with their obligations as States parties to the International Covenant.  There are 152 States parties to the Covenant. 

Concerning the situation in the Central African Republic, which was examined in the presence of a delegation from that country but in the absence of a report, the Committee adopted provisional concluding observations which were not made public.

Among its findings on the fourth periodic report of Belgium, the Committee noted with appreciation the adoption of a law giving the right to vote in local elections to non-nationals of non-European Union origin, as well as a law on non-accompanied minors of foreign origin.  However, there was concern for the persistence of allegations of police violence, in particular as these acts were often accompanied by acts of racial discrimination.  The State party was also urged to take all possible measures to protect communities residing in Belgium from racist, xenophobic, anti-Semitic or anti-Muslim acts.

Concerning the initial report of Namibia, the Committee welcomed the Married Persons Equality Act, which eliminated discrimination between spouses and took note of the draft Child Status Bill, which sought to enable children born out of wedlock to have the same rights as those born within wedlock.  The Committee regretted that, despite wide prevalence of domestic violence, so far only 62 persons had been prosecuted and no victims have been compensated.  Among other things, it noted with concern that the crime of torture was not defined in domestic criminal law and was still considered a common law offence to be charged as assault or crimen injuria.

With regard to the initial report of Liechtenstein, the Committee welcomed the State party’s commitment not to extradite an individual to a state where he or she might face a capital sentence.  Among other things, the Committee expressed its concerns about shortcomings in the protection of the rights of arrested persons and persons in pre-trial detention and regretted that the Criminal Procedure Code did not require that persons in detention be informed of their right to remain silent.  It was also concerned about the scope of the right of an arrested or detained person to be brought promptly before a judge and to have access to legal assistance.

With regard the initial report of Serbia and Montenegro, the Committee welcomed the efforts made by the State party to address the situation regarding trafficking in women and children, including the establishment of national teams to combat trafficking in Serbia and in Montenegro.  It remained concerned, however, at the State party’s repeated failure to fully cooperate with the International Criminal Tribunal for the former Yugoslavia (ICTY) including with regard to the arrest of indictees.  In this connection, the Committee recommended that the State party extend to the ICTY its full cooperation in all areas.

In the course of the current session, the Committee held a public session to discuss its Follow-up Activities under the Optional Protocol to the International Covenant and in that regard decided to pursue a general comment on the matter. 

The Committee also considered communications from individuals submitted to it under the first Optional Protocol to the Covenant.  The Protocol, for the 104 States that have ratified it, 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.  Under this mechanism, the Committee considered 31 communications.  

The next session of the Committee will take place from 18 October to 5 November 2004 at which time the Committee will consider the country reports of Albania, Benin, Finland, Morocco and Poland and the country situation in Kenya in the absence of a report.

Conclusions and Recommendations on Country Reports

With regard to the fourth periodic report of Belgium, The Committee welcomed with satisfaction the ratification of the Second Optional Protocol on the death penalty.  The adoption of a law giving the right to vote in local elections to non-nationals of non-EU origin was also welcomed, as was the coming into effect of a law and programme creating a tutoring mechanism for non-accompanied minors of foreign origin, and the reassurance that these minors were no longer detained in a closed centre, even when they were refused access to Belgian territory.  The Committee also noted with appreciation the quality of the information provided both in the report and in the oral presentation by the delegation of Belgium.

The Committee however regretted that Belgium has not lifted its reservations to the Pact, and urged the State party to reconsider its position.  With regard to the numerous projects aimed at improving implementation of the Optional Protocol, the Committee noted that some of them had been under consideration for many years.  There was also concern for the low number of penal or disciplinary penalties that had been pronounced with regard to members of the military suspected of having committed human rights violations in the context of the United Nations mission to Somalia. 

There was further concern for the persistence of allegations of police violence, in particular as these acts were often accompanied by acts of racial discrimination, and that allegations of use of excessive force during operations removing non-nationals from the soil of the State party had continued, despite the coming into effect of new directives.

While welcoming the efforts made in the field of trafficking in human beings, the Committee remained concerned by the fact that residency permits were only given to victims of trafficking if they collaborated with the judiciary authorities, and urged the State party to improve the situation and to ensure that the victims of this trade were assured an appropriate level of care.

With regard to penal incarceration, there was concern for the level of overpopulation in national prisons, and that penitentiary legislation had still not been modernised.  The Committee, therefore, welcomed the assurance of the delegation that a project on this issue would be examined during the current legislative period. 

The Committee also welcomed the establishment of a Commission for Individual Complaints with the task of investigating complaints by foreigners on the conditions of their detention whilst waiting for judgement and eventual deportation, but was concerned about the short lapse of time allowed for any complaint, as well as the fact that a complaint did not automatically cause an adjournment of the deportation process.  The State party was urged to increase the time delay, and for any appeal to automatically cause suspension of the deportation process.

Further, the Committee noted with concern that several racist, xenophobic, anti-Semitic or anti-Muslim acts had been committed, and was concerned that political parties inciting racial hatred could continue to benefit from public financing.  The State party was urged to take all possible measures to protect communities residing in Belgium from such acts. 

With respect to the initial report of Namibia, the Committee noted the efforts made by the State party in the establishment and development of democratic institutions since independence in 1990 and commended the State party for having abolished, at the constitutional level, the death penalty for all crimes.  Among other things, the Committee welcomed the Married Persons Equality Act, which eliminated discrimination between spouses and took note of the draft Child Status Bill, which sought to enable children born out of wedlock to have the same rights as those born within wedlock.  The Committee also commended the State party for the enactment of the Combating Domestic Violence Act which criminalized domestic violence.

The Committee, nevertheless, remained concerned by the high number of customary marriages which continued to be unregistered and about the deprivation of rights that women and children experienced as a consequence, in particular with regard to inheritance and land ownership.  The Committee regretted that, despite wide prevalence of domestic violence, so far only 62 persons had been prosecuted and no victims have been compensated.  Moreover, the Committee noted with concern that the crime of torture was not defined in domestic criminal law and was still considered a common law offence to be charged as assault or crimen injuria.

The Committee encouraged the State party to take effective measures to encourage the registration of customary marriages and to grant the spouses and children of registered customary marriages the same rights as those married under civil law.  The Committee also called on the Namibian Government to consider establishing an independent body which would be able to visit all places of detention and conduct investigations into violations of rights and abuses in prisons and places of detention, and to investigate acts of police brutality in general.

Among other things, the State party should take appropriate steps to prevent threats to and harassment of media personnel and journalists, and ensure that such cases were investigated promptly and with the requisite thoroughness and that suitable action was taken against those responsible.  The Committee also recommended that the State party take measures to strengthen the implementation of the legal aid scheme and ensure provision of legal aid to individuals entitled to receive it, in particular by augmenting the availability of finances.  Moreover, the State party should take measures to establish an appropriate juvenile criminal justice system in order to ensure that juveniles were treated in a manner commensurate with their age and should encourage further use of the Combating Domestic Violence Act, especially by training the police force and sensitizing it to the needs of victims; additional special shelters for those suffering from domestic violence should also be created, the Committee noted.

With regard to the initial report of Liechtenstein, the Committee noted, as positive aspects, that the law and practice of the State party appeared to be largely in compliance with its obligations under the Covenant; and it welcomed the State party’s commitment not to extradite an individual to a state where he or she might face a capital sentence.

While noting the constitutional amendments approved in 2003 whose provisions aim at clarifying the conditions governing the power of the Princely House to derogate from obligations under the Covenant, the Committee was concerned that those provisions did not conform to the requirements of article 4 of the Covenant, including the lack of a requirement to proclaim a state of emergency.  It recommended that the State party should bring the provisions governing the powers of derogation into conformity with all the requirements set out in article 4 of the Covenant.

The Committee said the State party should continue to take effective measures, including by legislative amendments, to address inequality between men and women.  It was encouraged to take measures designed to enhance the participation of women in Government and decision-making processes, and to further promote equality of men and women in non-public areas.  While noting Liechtenstein’s interpretive declaration concerning article 3 of the Covenant, the State party might wish to consider the compatibility of the State party’s exclusion of women from succession to the throne with articles 25 and 26 of the Covenant.  The Committee regretted the persistence of domestic violence against women and children in the State party.  The State party should take all necessary measures to combat domestic violence, punish offenders and provide material and psychological relief to the victims.

The Committee noted with concern that the law on self-defence and the rules governing the use of firearms by law enforcement officials were not specific on the issue of proportionality as to their use of firearms.  The State party was recommended to ensure that the law fully complied with the requirement of proportionality as reflected in the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.

Concerned about shortcomings in the protection of the rights of arrested persons and persons in pre-trial detention, the Committee regretted that the Criminal Procedure Code did not require that persons in detention be informed of their rights to remain silent.  It was also concerned about the scope of the right of an arrested or detained person to be brought promptly before a judge and to have access to legal assistance.

The Committee recommended that the State party consider amending the mechanism for the appointment of judges to secure tenure, so as to guarantee fully the principle of the independence of the judiciary.  The elements to be reviewed should include:  the criteria for the appointment of members to the selecting body, the casting vote of the Princely House, and the limited nature of tenure.

And concerning the initial report of Serbia and Montenegro, the Committee welcomed the adoption of the Charter on Human and Minority Rights and Civil Liberties on 28 February 2003 and the adoption of, inter alia, the Codes of Criminal Procedure applicable at the republic level and efforts to address the issue of discrimination against Roma in all social spheres.  It also welcomed the efforts made by the State party and the measures taken to address the situation regarding trafficking in women and children, including the establishment of national teams to combat trafficking in Serbia and in Montenegro, as well as the introduction of a criminal offence in the criminal codes of Montenegro and of Serbia directed to trafficking in human beings.

While noting the effective work regarding exhumations and autopsies of some 700 bodies from mass graves in Batajnica, the Committee was concerned at the lack of progress in investigations and prosecutions of the perpetrators of those crimes and recommended that the State party, along with the exhumation process, immediately commence investigations into apparent criminal acts entailing violations of the Covenant.  The particular needs of the relatives of the missing and disappeared persons must equally be addressed by the State party, including the provision of adequate reparation. 

The Committee remained concerned at the State party’s repeated failure to fully cooperate with the International Criminal Tribunal for the former Yugoslavia (ICTY) including with regard to the arrest of indictees.  In this connection, the Committee recommended that the State party extend to the ICTY its full cooperation in all areas, including the investigation and prosecution of persons accused of having committed serious violations of international humanitarian law, and by apprehending and transferring those persons who have been indicted and remain at large, as well as granting the ICTY full access to requested documents and potential witnesses.

While welcoming the measures taken to establish a system for trying war crimes before domestic courts, including the creation of a special war crimes trial chamber of the Belgrade District Court, and the establishment of the Office of a Special War Crimes Prosecutor, concern remained as to the absence of provisions in domestic legislation implementing the principle of command responsibility, the absence of an adequate system for witness protection, and the absence of investigators assigned solely to the prosecutor’s office.  The Committee called on the State party to take all necessary measures to ensure that those responsible for war crimes and crimes against humanity are brought to justice, to ensure that justice is carried out in a fair manner and to establish an adequate system for witness protection. 

The Committee was also concerned about the lack of full protection of the rights of internally displaced persons in Serbia and Montenegro, particularly with regard to access to social services in their places of actual residence, including education facilities for their children, and access to personal documents.  In this regard, it called on the State party to provide internally displaced persons with full and effective access to social services, educational facilities, unemployment assistance, adequate housing and personal documents, in accordance with the principle of non-discrimination.

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 Castillero Hoyos (Panama); Christine Chanet (France); Franco Depasquale (Malta); Maurice Glèlè-Ahanhanzo (Benin); Walter Kälin (Switzerland); Ahmed Tawfik Khalil (Egypt); Rajsoomer Lallah (Mauritius); Rafael Rivas Posada (Colombia); Sir Nigel Rodley (United Kingdom of Great Britain and Northern Ireland); Martin Scheinin (Finland); Ivan Shearer (Australia); Hipolito Solari-Yrigoyen (Argentina); Ruth Wedgwood (United States of America); Roman Wieruszewski (Poland); Maxwell Yalden (Canada).

Abdelfattah Amor serves as Chairperson of the Committee with Rafael Rivas Posada, Sir Nigel Rodley and Roman Wieruszewski serving as Vice-Chairpersons.  Ivan Shearer serves as Committee Rapporteur.

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