Welcome to the United Nations 
OHCHR 
Treaty bodies
Human Rights Committee discusses progress reports on follow-up to concluding observations and on follow-up to views
31 October 2016
Share
GENEVA (31 October 2016) - The Human Rights Committee this morning discussed an update by the Rapporteur on Follow-Up to Concluding Observations, as well as a progress report by the Rapporteur on Follow-up to Views.
Sarah Cleveland, Committee Member and Rapporteur on Follow-up to Concluding Observations, presented a draft report on follow-up on the following States parties: Angola, Croatia, Cyprus, Haiti, Macao (China), and Mozambique. She informed that there were currently 18 follow-up reports received and pending for translation and consideration. Ms. Cleveland asked countries which were late in their submissions for meetings. A couple of Experts suggested that the list of non-cooperative countries ought to be provided in an annex; a list of all reports being currently processed should also be provided.
On Angola, Ms. Cleveland informed that concluding observations had been issued in March 2013, to which a second reply had arrived from the State party in November 2015. There was a need for Angola to provide further information on its intention to revise the law on the Ombudsman so that it could fully comply with the Paris Principles. The State party was recommended to adopt a national strategy to prevent and address gender-based violence in all its forms and manifestations, on which statistical data ought to be collected in order to establish the magnitude of the problem. Additional information was suggested on awareness-raising campaigns. The Committee welcomed the adoption of a decree on free birth registration and free identification for all children and adults. Ms. Cleveland recommended that the follow-up procedure be discontinued as Angola should be presenting its next report in spring 2017.
Croatia had been recommended to expedite the prosecution of war crimes and crimes against humanity. The Committee requested clarification on the statistics provided by the State party. More information was also needed on measures taken to ensure that victims and their families received adequate reparation. Croatia would need to provide further information on concrete measures taken to facilitate the resettlement and return of refugees and internally displaced persons. The State party had not provided information on measures taken to investigate incidents of attacks on journalists and the media and to bring those responsible to justice. The Committee welcomed the fact that the 2015 Criminal Code only envisaged fines as the criminal sanction for criminal offences against honour and reputation. It would be good to know if Croatia was considering the decriminalization of defamation.
Ms. Cleveland said that Cyprus had been requested to ensure that the Office of the Ombudsman was provided with adequate financial and human resources, and include Turkish-speaking staff; the recommendations were now reiterated. More information was needed on the steps taken to support the Committee on Missing Persons and to ensure that the families of the victims obtain appropriate redress. The Committee was concerned about the still existing economic, linguistic and cultural barriers facing Turkish Cypriots and other minorities. Information regarding the adoption of temporary special measures was still missing. What steps had been taken to establish a Turkish school in Limassol?
Turning to Haiti, Ms. Cleveland stated that the Committee required further and specific information on the progress in the investigations into serious violations committed during the Duvalier presidency. The Committee had decided to reiterate its recommendations that the cases of firearm deaths caused by the forces of law and order be promptly and effectively investigated. The General Inspectorate of the National Police should be able to carry out those investigations independently and to routinely maintain statistics on homicides committed by the forces of law and order. No specific measures seemed to have been taken to better protect human rights defenders and journalists; all attacks on the life or dignity of those persons had to be investigated, and perpetrators needed to be brought to justice. On the other hand, the Committee welcomed the steps taken by the State party in organizing legislative and presidential elections, but information was required on measures to address reports of violence and electoral irregularities in the recent elections.
Macao, China had not implemented the recommendation to outline a clear and comprehensive plan of action and set timelines for the transition to an electoral system based on universal and equal suffrage that would ensure enjoyment by all its citizens of the right to vote and to stand for election in compliance with Article 25 of the Covenant. The Committee required information on the status of the draft law on Inter-regional Assistance in Criminal Matters between Macao, China and mainland China. Additional information was also requested on whether and how Macao, China provided free or affordable legal advice to non-resident workers. The Committee welcomed the statistical information provided on the number of workers assisted through the various measures described, but required information for each type of case.
It was explained that Mozambique was recommended to take urgent measures to establish a system of regular and independent monitoring of places of detention, and to reduce overcrowding and improve conditions of detention, including for juvenile offenders. More information was needed on investigations carried out on arbitrary arrest or detention. The Committee also wanted to receive further information on the current levels of overcrowding, disaggregated by facility and the plans for constructing new prison facilities. The request was reiterated for information on investigations of cases of death in custody. While it was noted that the judiciary had gone through major reforms, more information was needed on the provision of legal assistance and the content of the amended national Code on Court Fees.
The Committee then proceeded to adopt the draft report on follow-up to the concluding observations of the Human Rights Committee.
Victor Manuel Rodriguez-Rescia, Committee Member and Rapporteur on Follow-Up to Views, presented updates to the progress report on follow-up to views. He said that the primary topics in individual communications discussed were related to enforced disappearances, asylum seekers and refugees. It was noted that as of the one hundred and sixteenth session, the Committee had concluded in 975 of the 1,156 views adopted since 1979 that there had been a violation of the Covenant. Denmark was praised as the country having demonstrated the highest level of compliance with the Committee’s views.
An Expert expressed regret that the draft progress report had not been translated to all the working languages of the Committee. The Secretariat explained that the document had not been translated because it had gone significantly over the word limit. Mr. Rodriguez-Rescia explained that there were 43 communications in the draft report under consideration, amounting to 43 pages.
Australia continued to have dialogue on both cases, informed the Rapporteur. In the Pinchuk case in Belarus, no adequate compensation had been provided, and no intention of rehabilitation had been demonstrated by the State party. All cases from Bosnia and Herzegovina related to enforced disappearances; the dialogues needed to remain open. Canada disagreed with the Committee’s recommendations on the deportation from Canada to Jamaica of a mentally-ill individual; the dialogue would thus continue. Colombia had informed that it did not intend to comply with the Committee’s recommendation in the case of a conviction of a person in a trial with faceless judges. Mr. Rodriguez-Rescia said that in all cases Denmark had not only followed all the recommendations made by the Committee, but it had also gone much further. There was no response from France on the one case in which the Committee had recommended a review of the author’s criminal conviction and appropriate compensation. In one case in Kazakhstan the follow-up dialogue would continue, whereas in another two cases there was no previous follow-up information. In all three cases related to Kyrgyzstan the dialogue would remain open. All five cases from Nepal related to cases of enforced disappearances, and there were no State party’s replies to any of them; reminders would be sent and the dialogue would be kept open.
The Netherlands had fully complied in the case on the conduct of criminal proceedings, which what why the dialogue could be closed. Satisfactory implementation was also noted in the one case from Peru, said the Rapporteur. The dialogue with the Philippines on the case of arbitrary arrest and death sentence would remain open. In the two cases from the Republic of Korea – on alternative to compulsory military service and conscientious objection – the dialogues would also need to remain open. The Committee did not have sufficient information from Spain on whether it had complied with the Committee’s view in the case of the extradition to Morocco. On the case of the wrongful dismissal of a judge in Sri Lanka, the view of the Committee had been transmitted to the State party in February 2016, and a reply was still awaited. Sweden had fully complied in M.I. v. Sweden - the case of extradition to Bangladesh. Uruguay was given the “C1” grade in the case of discrimination against civil servants on age. In both cases from Uzbekistan - the follow-up dialogue would need to continue.
The Committee adopted the draft progress report presented by Mr. Rodriguez-Rescia, whose term as the Rapporteur was coming to an end.
The Committee also discussed suggestions on new criteria for the grading system for follow-up and harmonizing working methods with other treaty bodies. While two committees could be following up on the same topic, there ought to be awareness of each other doing so, said an Expert. The issue of translation of official documents was also brought up; sometimes documents had been translated, but the Committee did not receive them.
The proposal for the new simplified grading system included: A – response largely satisfactory; B - action taken, but additional information of measures required; C – response received, but actions or information not relevant or do not implement the recommendation; D – no follow-up report received after reminders; E – response indicates that the measures taken are contrary to the Committee’s recommendation. The rationale was to eliminate categories which were used rarely or created confusion, explained Ms. Cleveland. The discussion would continue under the topic of working methods.
The Committee will next meet in public on Wednesday, 2 November at 10 a.m., to continue its discussion on the draft General Comment on the right to life.
Sarah Cleveland, Committee Member and Rapporteur on Follow-up to Concluding Observations, presented a draft report on follow-up on the following States parties: Angola, Croatia, Cyprus, Haiti, Macao (China), and Mozambique. She informed that there were currently 18 follow-up reports received and pending for translation and consideration. Ms. Cleveland asked countries which were late in their submissions for meetings. A couple of Experts suggested that the list of non-cooperative countries ought to be provided in an annex; a list of all reports being currently processed should also be provided.
On Angola, Ms. Cleveland informed that concluding observations had been issued in March 2013, to which a second reply had arrived from the State party in November 2015. There was a need for Angola to provide further information on its intention to revise the law on the Ombudsman so that it could fully comply with the Paris Principles. The State party was recommended to adopt a national strategy to prevent and address gender-based violence in all its forms and manifestations, on which statistical data ought to be collected in order to establish the magnitude of the problem. Additional information was suggested on awareness-raising campaigns. The Committee welcomed the adoption of a decree on free birth registration and free identification for all children and adults. Ms. Cleveland recommended that the follow-up procedure be discontinued as Angola should be presenting its next report in spring 2017.
Croatia had been recommended to expedite the prosecution of war crimes and crimes against humanity. The Committee requested clarification on the statistics provided by the State party. More information was also needed on measures taken to ensure that victims and their families received adequate reparation. Croatia would need to provide further information on concrete measures taken to facilitate the resettlement and return of refugees and internally displaced persons. The State party had not provided information on measures taken to investigate incidents of attacks on journalists and the media and to bring those responsible to justice. The Committee welcomed the fact that the 2015 Criminal Code only envisaged fines as the criminal sanction for criminal offences against honour and reputation. It would be good to know if Croatia was considering the decriminalization of defamation.
Ms. Cleveland said that Cyprus had been requested to ensure that the Office of the Ombudsman was provided with adequate financial and human resources, and include Turkish-speaking staff; the recommendations were now reiterated. More information was needed on the steps taken to support the Committee on Missing Persons and to ensure that the families of the victims obtain appropriate redress. The Committee was concerned about the still existing economic, linguistic and cultural barriers facing Turkish Cypriots and other minorities. Information regarding the adoption of temporary special measures was still missing. What steps had been taken to establish a Turkish school in Limassol?
Turning to Haiti, Ms. Cleveland stated that the Committee required further and specific information on the progress in the investigations into serious violations committed during the Duvalier presidency. The Committee had decided to reiterate its recommendations that the cases of firearm deaths caused by the forces of law and order be promptly and effectively investigated. The General Inspectorate of the National Police should be able to carry out those investigations independently and to routinely maintain statistics on homicides committed by the forces of law and order. No specific measures seemed to have been taken to better protect human rights defenders and journalists; all attacks on the life or dignity of those persons had to be investigated, and perpetrators needed to be brought to justice. On the other hand, the Committee welcomed the steps taken by the State party in organizing legislative and presidential elections, but information was required on measures to address reports of violence and electoral irregularities in the recent elections.
Macao, China had not implemented the recommendation to outline a clear and comprehensive plan of action and set timelines for the transition to an electoral system based on universal and equal suffrage that would ensure enjoyment by all its citizens of the right to vote and to stand for election in compliance with Article 25 of the Covenant. The Committee required information on the status of the draft law on Inter-regional Assistance in Criminal Matters between Macao, China and mainland China. Additional information was also requested on whether and how Macao, China provided free or affordable legal advice to non-resident workers. The Committee welcomed the statistical information provided on the number of workers assisted through the various measures described, but required information for each type of case.
It was explained that Mozambique was recommended to take urgent measures to establish a system of regular and independent monitoring of places of detention, and to reduce overcrowding and improve conditions of detention, including for juvenile offenders. More information was needed on investigations carried out on arbitrary arrest or detention. The Committee also wanted to receive further information on the current levels of overcrowding, disaggregated by facility and the plans for constructing new prison facilities. The request was reiterated for information on investigations of cases of death in custody. While it was noted that the judiciary had gone through major reforms, more information was needed on the provision of legal assistance and the content of the amended national Code on Court Fees.
The Committee then proceeded to adopt the draft report on follow-up to the concluding observations of the Human Rights Committee.
Victor Manuel Rodriguez-Rescia, Committee Member and Rapporteur on Follow-Up to Views, presented updates to the progress report on follow-up to views. He said that the primary topics in individual communications discussed were related to enforced disappearances, asylum seekers and refugees. It was noted that as of the one hundred and sixteenth session, the Committee had concluded in 975 of the 1,156 views adopted since 1979 that there had been a violation of the Covenant. Denmark was praised as the country having demonstrated the highest level of compliance with the Committee’s views.
An Expert expressed regret that the draft progress report had not been translated to all the working languages of the Committee. The Secretariat explained that the document had not been translated because it had gone significantly over the word limit. Mr. Rodriguez-Rescia explained that there were 43 communications in the draft report under consideration, amounting to 43 pages.
Australia continued to have dialogue on both cases, informed the Rapporteur. In the Pinchuk case in Belarus, no adequate compensation had been provided, and no intention of rehabilitation had been demonstrated by the State party. All cases from Bosnia and Herzegovina related to enforced disappearances; the dialogues needed to remain open. Canada disagreed with the Committee’s recommendations on the deportation from Canada to Jamaica of a mentally-ill individual; the dialogue would thus continue. Colombia had informed that it did not intend to comply with the Committee’s recommendation in the case of a conviction of a person in a trial with faceless judges. Mr. Rodriguez-Rescia said that in all cases Denmark had not only followed all the recommendations made by the Committee, but it had also gone much further. There was no response from France on the one case in which the Committee had recommended a review of the author’s criminal conviction and appropriate compensation. In one case in Kazakhstan the follow-up dialogue would continue, whereas in another two cases there was no previous follow-up information. In all three cases related to Kyrgyzstan the dialogue would remain open. All five cases from Nepal related to cases of enforced disappearances, and there were no State party’s replies to any of them; reminders would be sent and the dialogue would be kept open.
The Netherlands had fully complied in the case on the conduct of criminal proceedings, which what why the dialogue could be closed. Satisfactory implementation was also noted in the one case from Peru, said the Rapporteur. The dialogue with the Philippines on the case of arbitrary arrest and death sentence would remain open. In the two cases from the Republic of Korea – on alternative to compulsory military service and conscientious objection – the dialogues would also need to remain open. The Committee did not have sufficient information from Spain on whether it had complied with the Committee’s view in the case of the extradition to Morocco. On the case of the wrongful dismissal of a judge in Sri Lanka, the view of the Committee had been transmitted to the State party in February 2016, and a reply was still awaited. Sweden had fully complied in M.I. v. Sweden - the case of extradition to Bangladesh. Uruguay was given the “C1” grade in the case of discrimination against civil servants on age. In both cases from Uzbekistan - the follow-up dialogue would need to continue.
The Committee adopted the draft progress report presented by Mr. Rodriguez-Rescia, whose term as the Rapporteur was coming to an end.
The Committee also discussed suggestions on new criteria for the grading system for follow-up and harmonizing working methods with other treaty bodies. While two committees could be following up on the same topic, there ought to be awareness of each other doing so, said an Expert. The issue of translation of official documents was also brought up; sometimes documents had been translated, but the Committee did not receive them.
The proposal for the new simplified grading system included: A – response largely satisfactory; B - action taken, but additional information of measures required; C – response received, but actions or information not relevant or do not implement the recommendation; D – no follow-up report received after reminders; E – response indicates that the measures taken are contrary to the Committee’s recommendation. The rationale was to eliminate categories which were used rarely or created confusion, explained Ms. Cleveland. The discussion would continue under the topic of working methods.
The Committee will next meet in public on Wednesday, 2 November at 10 a.m., to continue its discussion on the draft General Comment on the right to life.
__________________
For use of the information media; not an official record