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HR/CT/99/52
5 November 1999


HUMAN RIGHTS COMMITTEE CONCLUDES SIXTY-SEVENTH SESSION


Committee Issues Recommendations on Reports of Norway, Morocco, Republic of Korea, Portugal (Macau), Cameroon and People's Republic of China (Hong Kong)


The Human Rights Committee concluded its sixty-seventh session this morning by issuing final observations and recommendations on reports submitted by Norway, Morocco, the Republic or Korea, Portugal (on Macau), Cameroon and the People's Republic of China (on Hong Kong).

The six countries submitted their reports and sent Government delegations to appear before the Committee to answer questions in keeping with their obligations as States parties to the International Covenant on Civil and Political Rights, which was adopted in 1966 by the General Assembly. The Committee, as a monitoring body, periodically examines reports submitted to States parties on their promotion and protection of civil and political rights. One hundred and forty-four countries have ratified the Covenant.

Following its consideration of the fourth periodic report of Norway, the Committee commended the State party for its generally positive record in the implementation of the provisions of the Covenant. The Committee recommended that the information in the report about alleged lack of proper reaction from law enforcement officials in cases of racial discrimination be thoroughly analyzed.

Regarding the report of Morocco, the Committee recommended that the State party should move expeditiously and cooperate fully in the completion of the necessary preparations for the referendum in Western Sahara. It urged the Government to intensify investigations into the whereabouts of all persons reportedly missing, and to release any such persons who might still be held in detention. The Committee continued to be deeply concerned about the extent of discrimination against Moroccan women in education, employment, inheritance, marriage, divorce and family relations.

On the report of the Republic of Korea, the Committee reiterated its grave concern regarding the continued existence and application of the National Security Law and recommended that this law be phased out. The Committee also recommended that the new legislation on prevention and punishment of domestic violence should be strengthened by eliminating existing legal rules that weaken the protection of women against violence.

With regard to the report of Portugal (on Macau), the Committee indicated concern that the Sino-Portuguese Joint Declaration did not mention the International Covenant or its two Optional Protocols. The Committee recommended that Portugal should continue negotiations with China to ensure that the population of the Macau Special Administrative Region was protected by those international instruments after 19 December 1999. It also recommended preventive action be taken to stamp out trafficking in women and rehabilitation programmes be provided for the victims.

Concerning the report of Cameroon, the Committee was concerned about the duality of statutory law and customary law, which sometimes resulted in unequal treatment between men and women. It was also concerned at the continuing existence of polygamy, and the different ages for marriage between girls and boys; with the high rate of illiteracy among women; and with the absence of a specific law prohibiting female genital mutilation and that the practice continued in certain areas of Cameroonian territory.

And regarding the report of the People's Republic of China on the Special Administrative Region of Hong Kong, the Committee expressed concern that there was no independent body established by law to investigate and monitor human rights violations and the implementation of Covenant rights in Hong Kong. It was also concerned that the Independent Police Complaints Council did not have the power to ensure a proper and effective investigation of complaints against the police.

During its three-week session, the Committee also considered complaints from individuals submitted to it under the first Optional Protocol to the Covenant. The Protocol, for States which have ratified it, allows review of complaints alleging violations of the terms of the International Covenant. Ninety-two States have ratified the Protocol. Committee discussion of individual complaints is carried out in private session. The panel's conclusions will be released later.

Also during its current session, the Committee adopted guidelines for States reports under the International Covenant, which will replace all earlier versions issued by the Committee and will enter into force on 31 December 1999. The guidelines required that every State party, upon ratifying the Covenant, should submit an initial report within a year of the Covenant's entry into force for that State and that the follow-up report should be a continuation and up-dating of the previous dialogue, with an emphasis made towards fulfilment of the State party's obligations under the Covenant.

The next session of the Committee is scheduled from 13 to 31 March 2000 in New York. It is expected to discuss reports submitted by the Republic of Congo, Afghanistan, the United Kingdom (Jersey, Guernsey, Isle of Man), Venezuela, Mongolia and Guyana.

Conclusions and recommendations on country reports

Among positive aspects of the report of Norway, the Committee commended the State party for its generally positive record in the implementation of the provisions of the Covenant. It welcomed the adoption of the Human Rights Act, under which the Covenant has been directly incorporated into the legal system; the appointment of a new Minister for Development and Human Rights; and the positive developments in the field of protecting and promoting the human rights of members of the Sami indigenous people, including the strengthening of the Sami Parliament.

The Committee noted with concern that pre-trial detention in some cases was used for excessive periods of time. It was also concerned at the extent to which the liberty of persons might be withdrawn by administrative detention. The Committee reiterated its concern about section 2 of the Constitution, which provided that individuals professing the Evangelical-Lutheran religion were bound to bring up their children in the same faith. Further, the inclusion of it in the Constitution was incompatible with the Covenant. The Committee remained concerned that, although legislative reforms were being made in the area of Sami land and resource rights, traditional Sami means of livelihood did not appear to enjoy full protection in relation to various forms of competing public and private uses of land.

The Committee recommended the enabling legislation and practice be reviewed with regard to both pre-trial and administrative detention, with a view to guaranteeing full compliance with all provisions of article 9 of the Covenant. It also recommended that the Government consider a complete withdrawal of its reservations; that section 2 of the Constitution be modified to comply with article 18 of the Covenant; and that the report about alleged lack of proper reaction from law enforcement officials in cases of racial discrimination be thoroughly analyzed.

For Morocco, the Committee cited as a positive aspect the establishment of a Ministry of Human Rights, a Consultative Council on Human Rights, which had reported on many cases of disappearance, and a Commission of Arbitration to provide compensation to victims of arbitrary detention and to the families of disappeared persons. It welcomed the commutation of death sentences handed down since 1994, and the new autopsy procedures in cases of death in custody. It also welcomed the release of a number of prisoners, the granting of passports to some government opponents and the return from exile of others, and the provision of medical examination for detainees.

Concern was expressed about the slow pace of the preparations toward a referendum in Western Sahara on the question of self-determination, and at the lack of information on the implementation of human rights in that region. It reiterated its concern that many cases of disappeared persons in Morocco had not yet been resolved by or referred to the Consultative Council on Human Rights, and that, according to the delegation, it was not yet timely to investigate the responsibility for those disappearances. The Committee regretted the lack of specific information in the report about the de facto situation of women in Morocco and observed that the high rate of female illiteracy underlined the lack of equal opportunity for women in all aspects of society. It also continued to be deeply concerned about the extent of discrimination against women in education, employment, public life and in criminal and civil laws, including laws dealing with inheritance, marriage, divorce, and family relations (polygamy, repudiation of marriage, grounds for divorce, age of marriage and restrictions on marriage by Muslim women to non-Muslims).

Further, the Committee was concerned by, among other things, the number of allegations of torture and ill-treatment of detainees by police officials; the maximum length of detention of a suspect before being brought before a judge might in some cases be as long as 96 hours; and that freedom of religion and belief was not fully guaranteed.

The Committee recommended, among other things, that the Government of Morocco should move expeditiously and cooperate fully in the completion of the necessary preparations for the referendum; that it intensify investigations into the whereabouts of all persons reportedly missing, to release any such persons who might still be held in detention; that additional measures be taken in its efforts to overcome illiteracy, lack of education and all forms of discrimination against women; that legal and protective measures should be adopted to guarantee women's rights to personal security; that it abolish the death penalty altogether; that steps be taken to guarantee the independence and impartiality of the judiciary; and measures should be taken to ensure respect for freedom of religion and belief, and ensure that its laws and policies fully comply with the Covenant.

Among positive aspects the Committee cited to the report of the Republic of Korea were the enactment of a number of laws aimed at strengthening protection of Covenant rights, especially the rights, and the measures undertaken to enhance awareness of the Covenant and of human rights in general, that included obligatory human rights training for judges, lawyers and prosecutors.

The Committee reiterated its grave concern regarding the continued existence and application of the National Security Law, which the State party said was used to deal with legal problems that arise from the division of Korea. However, the Committee was concerned that it was used to establish special rules of detention, interrogation and substantive liability that were incompatible with various articles of the Covenant. The Committee considered the scope of activities that might be regarded as encouraging "anti-state organizations" under article 7 of the National Security Law was unreasonably wide. The Covenant did not permit restrictions on the expression of ideas merely because they coincided with those held by an enemy entity or might be considered to create sympathy for that entity.

The Committee was also concerned about the laws and practices that encouraged and reinforced discriminatory attitudes towards women; the high level of domestic violence; the prosecution of rape required evidence of resistance by the woman; the extent of discrimination against women in employment; and the mechanisms put in place by the Government which were not adequate to prevent instances of torture and cruel, inhuman and degrading treatment of detainees.

The Committee recommended, among other things, that the Government phase out the National Security Law; amend article 7 of the Law so as to make it compatible with the Covenant; the new legislation on prevention and punishment of domestic violence be strengthened by eliminating existing legal rules that weaken the protection of women against such violence; the State party amend its law so as to ensure respect for all the rights of detained persons; and an independent body be established to investigate acts of torture and cruel, degrading and inhuman treatment by interrogating officials.

With regard to the report of Portugal (Macau), the Committee noted with satisfaction that the Portuguese and Chinese authorities ensured legal continuity and continued application of international treaties. It positively noted the Ombudsman functions of the High Commissioner against Corruption and Administrative Illegality, and the growing number of cases considered between 1996 and 1999. The Committee also noted with satisfaction the great efforts made in the past few years to give the Chinese-speaking population access to official forms and to court documents and decisions in Chinese, and that Chinese was used in the courts and in public places. The Committee had been pleased to learn that Portugal and China reached agreement in March 1998 on the principles underlying the new organization of the legal system, which guaranteed the non-removability of judges and the autonomy and independence of the judiciary.

The Committee was, however, concerned that the Sino-Portuguese Joint Declaration did not mention the International Covenant or its two Optional Protocols. It was also concerned at the paucity of judges, lawyers and interpreters, which might adversely affect the administration of justice; that, despite guarantees of equality in the Constitution and in labour legislation, de facto inequalities continued with regards the status of women and their remuneration; that organized crime and, in particular, trafficking in women and prostitution persisted in Macau; that certain concepts in penal legislation did not clearly enough enunciate the definitions of crimes such as "habitual offender" and "abstract danger"; that the Governments of China and Portugal had not yet reached firm agreement on the nationality of residents of Macau after 19 December 1999; and that firm agreements guaranteeing freedom of the press and expression after 19 December 1999 was lacking.

The Committee recommended, among other things, that the State party continue negotiations with the People's Republic of China to ensure that the population of the Macau Special Administrative Region was protected by the International Covenant, including the first Optional Protocol, after 19 December 1999. It also recommended that great efforts should be made to train lawyers and interpreters in human rights. The Committee also recommended preventive action to stamp out trafficking in women and provide rehabilitation programmes for the victims; that the Portuguese authorities continue their negotiations with China to safeguard the rights of those who, at present, hold dual citizenship; that Macau residents enjoy the protection of the Covenant and should not lose that protection by being transferred to other jurisdictions; and that negotiations should continue with a view to securing clear guarantees of the freedoms of the press and expression.

Among the positive aspects the Committee cited for report of Cameroon, were the commitment to promote gender equality through a Ministry of Women Affairs, and various measures initiated by the Ministry for that purpose. It also welcomed the establishment of the National Committee on Human Rights and Freedoms, which was empowered to oversee all relevant Cameroonian authorities.

The Committee’s principal subjects of concern included the duality of statutory law and customary law, which sometimes resulted in unequal treatment between men and women. It was also concerned, among other things, at the continuing existence of polygamy, and the different minimum ages for marriage between girls and boys; with the high rate of illiteracy among women; at the fact that there was no specific law to prohibit female genital mutilation and that the practice continued in certain areas of Cameroonian territory; that the criminalization of abortion led to unsafe abortions, which accounted for a high rate of maternal mortality; that the death penalty was still being imposed; about allegations of widespread extrajudicial executions; at reports about abuse of the use of weapons by the police, leading to loss of life; at reports on the disappearances of persons; about the continued practice of torture by police officials; and at the persecution and punishment of journalists for the crime of publishing false news merely on the ground that the news was false. In addition, the Committee deplored the fact that prison conditions in Cameroon were characterized by severe overcrowding, inadequate food and medical care.

The Committee recommended that the State party bring the ages for marriage between girls and boys into conformity with the Covenant; that equality of women and men be ensured; that measures be taken to combat and eradicate the practice of female genital mutilation; that abolition of capital punishment be considered; that impunity be overcome; that investigations of disappearances be carried out and compensation provided to victims; that an independent mechanism to investigate reports of torture be established; that the issue of prison overcrowding be addressed as a matter of priority to ensure that prisoners were treated with humanity; and that any law restricting freedom of expression should meet all requirements set out in the Covenant.

And concerning the report of the People's Republic of China on Hong Kong, the Committee welcomed the efforts undertaken by the Hong Kong Special Administrative Region to educate civil society about human rights as well as the steps taken to promote gender equality through educational campaigns and appropriate legislation.

The Committee was concerned, among other things, that there was no independent body established by law to investigate and monitor human rights violations and the implementation of Covenant rights in Hong Kong; the Independent Police Complaints Council did not have the power to ensure proper and effective investigation of complaints against the police; the Interception of Communications Ordinance had not yet been brought into effect; the Covenant was applied in Hong Kong subject to a reservation that seriously affected the application of article 13 in relation to decision-making procedures in deportation cases; no legislation remedies were available to individuals in respect of discrimination on the grounds of race or sexual orientation; the education system in Hong Kong discriminated against girls in selection for secondary schools; and the age of criminal responsibility was 7 years.

In its recommendations, the Committee urged the Hong Kong authorities to provide for independent investigations for complaints against the police; to take all necessary measures to maintain and strengthen democratic representation of all residents in public affairs; to guarantee in law and practice the rights under article 7 of the Covenant; to provide effective protection against the risk of the death penalty or torture or inhuman, cruel or degrading treatment in deportation procedures; to adopt positive measures to overcome discrimination against women and to ensure equal pay for work of equal value; and to raise the age of criminal responsibility.

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 of 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, 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, 45 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, Luxembourg, Malta, Netherlands, New Zealand, Norway, Peru, Philippines, Poland, Republic of Korea, Russian Federation, Senegal, Slovak Republic, Slovenia, 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 15December 1989 and entered into force on 11 July 1991. The following 38 States have ratified or acceded to the Second Optional Protocol: Australia, Austria, Belgium, Bulgaria, 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, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, the United Kingdom, 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 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: Nisuke Ando of Japan; Prafullachandra Natwarlal Bhagwati of India; Christine Chanet of France; Lord Colville of the United Kingdom; Abdelfattah Amor of Tunisia; Elizabeth Evatt of Australia; Louis Henkin of the United States; Eckart Klein of Germany; David Kretzmer of Israel; Pilar Gaitan de Pombo of Colombia; Rajsoomer Lallah of Mauritius; Cecilia Medina Quiroga ofChile; Fausto Pocar of Italy; Hipolito Solari Yrigoyen of Argentine; Martin Scheinin of Finland; Roman Wieruszewski of Poland; Maxwell Yalden of Canada; and Abdallah Zakhia of 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.