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HUMAN RIGHTS COMMITTEE COMPLETES SIXTY-THIRD SESSION
31 July 1998
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HR/CT/98/25
31 July 1998
Committee Issues Recommendations on Reports of Ecuador, Israel, Italy, Algeria, Former Yugoslav Republic of Macedonia, and Tanzania
The Human Rights Committee ended its summer session today by issuing conclusions and recommendations on reports submitted by Ecuador, Israel, Italy, Algeria, the Former Yugoslav Republic of Macedonia and Tanzania.
The Committee expressed concern over lengthy judicial delays in Ecuador, and recommended, among other things, that legislative measures be adopted to help women, in particular adolescent women; that more be done to prevent child labour; and that steps be taken to assure protection for indigenous populations from the negative consequences of oil exploitation of their lands and to ensure their rights to their traditional cultures and means of subsistence.
It expressed concern over treatment by Israel of Palestinians in the occupied territories and of women and Arabs within Israeli borders, and called for reconsideration of the state of emergency prevailing in the country. It criticized the fact that use of "moderate physical pressure" was allowed during interrogation of suspected terrorists; that persons held in administrative detention on security grounds could be kept in custody for apparently indefinite periods; and that Arab homes in the occupied territories continued to be demolished as a means of punishment.
It called for effective sanctions in Italy against police and prison officials who abused their powers, recommended that preventive detention be restricted to essential cases, and urged steps to increase the efficiency and promptness of the entire judicial system.
The Committee said it was appalled at the widespread massacre of men, women and children in many villages and towns in Algeria. It cited concern that women also had been subject to abduction, rape, and severe violence; that there was a lack of timely or preventive measures provided by police or military officials in the vicinity of such attacks; and that there were persistent allegations of collusion of members of the security forces in terrorist attacks. It called for steps to investigate disappearances and extra-judicial executions, prevent torture, and eliminate unofficial centres of detention.
It urged that steps be taken in the Former Yugoslav Republic of Macedonia in response to reported cases of abuse of police authority, including unlawful arrest and detention and excessive use of force, especially against minority groups. The Committee also expressed concern over apparent inequality between men and women in employment and education and over reports of widespread domestic violence.
The Human Rights Committee recommended that police in the United Republic of Tanzania receive thorough training; that prison conditions be improved; that steps be taken to prevent sexual abuse or rape of female prisoners; and that imprisonment for inability to pay debts be abolished.
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. One hundred forty countries have ratified the International Covenant.
Mary Robinson, the High Commissioner for Human Rights, in a brief address on the final day of the session, termed the group's work "essential" to the realization of the Universal Declaration on Human Rights adopted 50 years ago. She ensured the Committee of her support and cooperation.
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.
The next session of the Committee is scheduled for 19 October to 6 November in Geneva. It is expected to discuss reports submitted by Armenia, Belgium, Iceland, Austria, Libya and Japan.
Conclusions and recommendations on country reports
The Committee remarked, among positive aspects of the report of Ecuador, the expected entry into force in August 1998 of a new Constitution containing numerous articles outlining protection of human rights; adoption of laws allowing compensation of victims of human rights violations; reinforcement of habeas corpus provisions; and limitations on the jurisdiction of military tribunals.
Concern was expressed, among other things, over delays in judicial procedures; over situations in which persons charged with offenses had remained in custody for extremely long periods without trial, including up to one-third of the sentences they could be subject to if they were ultimately convicted; over the fact that some 70 percent of persons incarcerated were still awaiting judgement on their cases; over unequal treatment of women based on tradition, despite legislative measures prohibiting such discrimination; over numerous cases of violence against women and a feeble judicial response to the problem; and over a high number of suicides among young women, apparently because of the prohibition of abortion. Recommendations included that legislative measures be adopted to help women, in particular adolescent women; that efforts to prevent child labour be augmented; that steps be taken to assure protection for indigenous populations from the negative consequences of oil exploitation of their lands and that the rights of indigenous inhabitants be protected, particularly their right to maintain their cultural identities and traditional means of subsistence.
The Committee cited as a factor affecting implementation of the International Covenant in Israel the security situation faced by the country, which included frequent attacks on the civilian population, but noted that under article 4 of the International Covenant, no derogation was permitted of certain basic rights, even in times of public emergency. It termed positive the thoroughly democratic nature of Israeli society and Government, the open discussion of sensitive issues, the recent establishment of a Public Defender's Office, and steps to address questions of police violence, review standards on rules of evidence, and advance the status of women.
Concern was expressed over numerous matters, among them that the International Covenant had not been incorporated into Israeli law; that the country continued "to deny its responsibility to fully apply the International Covenant in the occupied territories"; that there were "deeply imbedded discriminatory social attitudes, practices and laws against Arab Israelis that have resulted in lower standards of living compared with Jewish Israelis"; that the rights and freedoms of Palestinians in the occupied territories were less comprehensive than the rights and freedoms enjoyed by Jewish settlers in the same territories, in particular with regard to planning and building permits and access to land and water; that Bedouins faced discrimination in their efforts to continue to live in settlements in the Negev which were not recognized by the Israeli Government and were not provided with basic infrastructure and services; that women brought to Israel for purposes of prostitution, many on false pretenses or under coercion, were not protected as victims of trafficking but were likely to face penal measures and deportation; that a number of Palestinians had been killed by security forces, and that a number of citizens from different backgrounds had been killed in terrorist attacks; that "moderate physical pressure" was still allowed during interrogation of suspected terrorists; that persons held in administrative detention on security grounds could be kept in custody for apparently indefinite periods; and that Arab homes continued to be demolished as a means of punishment.
Among the panel's recommendations were that the state of emergency effectively in force since Israeli independence be carefully reviewed for the purposes of limiting its scope; that targeted measures be considered to accelerate progress towards equality for women, with particular emphasis on Arab women; that the Government enforce rigorously the strict limitations on use of firearms and use of rubber bullets against unarmed civilians, and that the country's next report include precise information on the number of deaths, including those caused by rubber bullets, the number of complaints arising from their use, and the number of defence and security personnel punished or disciplined as a result; that efforts be made to avoid prolonged isolation of segregated prisoners; and that the Government consider ratifying the Optional Protocol to the Covenant.
Several positive aspects were noted in the report of Italy, including ratification of a treaty of extradition; treatment of offenses concerning trafficking in women and others for purposes of prostitution as acts of slavery and violations of international and national law; and the setting up of a National Observatory on Religious Freedom.
Concern was expressed, among other things, over structural and cultural problems resulting in continued discrimination against women in public and political life and in employment; and over delays in passage of legislation criminalizing torture and domestic violence and improving the status of ethnic, religious, and linguistic minorities, including the Slovenian minority. The Committee recommended, among other things, that Italy consider withdrawing its reservations to the Covenant; that effective sanctions be imposed against police and prison officers who abused their powers and that vigilance be maintained over the outcome of complaints made against members of the Carabinieri and against prison officers; that the maximum period for holding a person in custody on a criminal charge be reduced, even in exceptional circumstances, below the present five days, and that such persons be entitled to legal advice immediately upon arrest; that grounds for preventive detention be restricted only to essential cases and that the length of such detention no longer be linked to the severity of the offence with which the person was charged; that instances of preventive detention be reduced and that prison overcrowding be ameliorated; that further steps be taken to increase the efficiency and promptness of the entire judicial system; and that measures be taken to combat an increase in incidents of racial intolerance.
It was noted that a factor impeding implementation of the International Covenant in Algeria was widespread and indiscriminate attacks against the civilian population and a general climate of violence. The Committee said the situation heightened the responsibility of the Government to re-establish and maintain conditions protecting fundamental rights and freedoms in the country.
The panel cited as positive the establishment in Algeria of a National Observatory for Human Rights, a public ombudsman, and a National Committee for the Preservation and Promotion of Women.
Concern was expressed over a number of issues. The Committee said it was appalled at the widespread massacre of men, women and children in many villages and towns. It cited concern that women also had been subject to abduction, rape, and severe violence; that there was a lack of timely or preventive measures provided by police or military officials in the vicinity of such attacks; and that there were persistent allegations of collusion of members of the security forces in terrorist attacks. It also expressed concern over reports of torture; allegations from family members of disappearances and a failure of the State to investigate or respond to disappearances; an increased number of offenses for which the death penalty may be imposed; discriminatory aspects of the Family Code which limited, among other things, the ability of women to choose husbands and to have sufficient independence and equality in marriage; a lack of independence of the judiciary; an Arabic Language Decree which could impede large Berber and French-speaking sections of the population from participating equally in public life; and restrictions on freedom of the press and freedom of association.
Among its recommendations, the Committee urged the Algerian Government to prevent attacks against civilians; to come promptly to the defence of the population when attacks occurred; to investigate promptly such attacks, using an independent body, and to bring the offenders to justice; and in all cases of massacres to conduct an independent inquiry into the conduct of the security forces, from lowest to highest levels, and where necessary to subject them to penal and disciplinary sanctions. It called on the Government to ensure that all allegations of arbitrary or extrajudicial executions, including any occurring in custody, be thoroughly investigated by an independent mechanism, that offenders be brought to justice, and that access to places of detention be given to the International Committee of the Red Cross and other independent observers. It recommended, based on persistent reports about the activities of "legitimate defence groups" and "meagre information" provided by the Government in response to questions about these groups, that urgent measures be taken to maintain within police and defence forces the responsibility for maintaining law and order and protection of the civilian population, and that the defence groups be brought under strict control of responsible State organs. It urged that all detainees be monitored to ensure that they were not subject to torture, that all allegations of torture or ill-treatment be investigated by an impartial body and that the results of the investigations be published, and that any officials found responsible for such crimes be prosecuted and, if convicted, severely punished. It also called for thorough and impartial investigations of disappearances and for effective measures to prevent the arrest and detention of persons "outside the law" and prevention of the holding of persons in unofficial places of detention. It further urged that rights to freedom of press, assembly, association, and open free political activity be respected.
It was noted that in the Former Yugoslav Republic of Macedonia factors impeded application of the International Covenant in the form of a complex and difficult transition to a Government and culture based on individual rather than collective rights, and because of continuing ethnic tensions, particularly involving the country's Albanian minority. A number of positive aspects to the Macedonian report were cited, including incorporation of the International Covenant into domestic law; reforms of the judicial and prison systems; appointment of an ombudsman; and enactment of legislation prohibiting the use of the mass media to incite national, racial, or religious intolerance.
The Committee expressed concern, among other things, over continued application of restrictive legislation inherited from the previous regime in various fields, including importation of printed materials; over continued apparent inequality between men and women in practice, particularly in the spheres of employment and education; over reports of continuing widespread domestic violence against women; and over the continuation of a practice of forcing citizens to attend so-called "informative talks" under police compulsion. The panel recommended, among other things, that ethnic violence involving the police in Gostivar on 7 July 1997, in the course of which three persons were killed and hundreds wounded, be thoroughly investigated by an independent body and that those found responsible be subjected to appropriate sanctions; that steps be taken in a number of areas in response to reported cases of abuse of police authority, including unlawful arrest and detention and excessive use of force, especially against minority groups, and of maltreatment of detainees, and that persons responsible for such offenses be identified and appropriately punished; that minority participation in political, administrative, cultural, and other institutions be further promoted; that the Roma be given sufficient protection and participation in national life; and that greater minority participation be encouraged in the design and function of the educational system.
Noted as a factor hindering application of the International Covenant in the United Republic of Tanzania was a large influx of refugees which the Government lacked sufficient resources to cope with. Cited among positive aspects to the situation in the country were restoration of political pluralism through an amendment to the Constitution; willingness of the courts to challenge Government actions for compliance with the Constitution; easing of limits on freedom of expression; and a large reduction in employment of children in the gem-stone industry.
The Committee expressed concern over -- among other things -- traditional customs and pressures that inhibited complaints about rape between separated spouses or about genital mutilation, even though such acts were now criminal offenses; over the application of laws which discriminated against women in such areas as marriage, divorce, land, and inheritance; over a law in force in Zanzibar allowing imprisonment of both mother and father in the event of an unmarried woman becoming pregnant; over provisions allowing corporal punishment in schools or in cases of violation of prison regulations; over reports of armed groups ("sungu-sungu") acting as vigilantes and perhaps committing abuses of human rights; and over judicial delays.
Among the panel's recommendations were that the Emergency Powers Act of 1986, certain aspects of the Human Resources Development Act of 1983, the powers of the President to detain persons incommunicado and without trial, and punishment under the Witchcraft Ordinance of 1928 be repealed; that the International Covenant be given formal recognition and applicability in domestic law; that discriminatory features be eliminated from the Law of Marriage Act; that details be published on sentences of the death penalty and that the penalty be abolished; that no refugee be returned to another State unless it was certain that he or she would not be subjected to execution or torture there; that police receive thorough training in human rights and crowd control and that an independent mechanism be set up for investigating complaints against them; that prison conditions be improved, that steps be taken to prevent sexual abuse or rape of female prisoners, and that alternatives to imprisonment be made more widely available to the courts; that imprisonment for inability to pay debts be abolished; that freedom of an adult individual's sexual conduct be protected by the State; that measures be taken to reduce incidences of domestic violence and that criminal remedies be provided in cases where it occurred; and that further steps be taken to counter continuing employment of children in industrial and agricultural activities.
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 of which 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 and 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.
States Parties to Covenant
The following 140 States have ratified or acceded to the Covenant: Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, 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, Kenya, Kuwait and the Kyrgyz Republic.
Also: Latvia, Lebanon, Lesotho, Libya, 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, Slovak Republic, Slovenia, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, 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.
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 92 States are parties to the First Optional Protocol: Algeria, Angola, Argentina, Armenia, Australia, Austria, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Bulgaria, 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, Guinea, Guyana, Hungary, Iceland, Ireland, and the Kyrgyz Republic.
Also: Latvia, Libya, 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, Slovak Republic, Slovenia, Somalia, Spain, Sri Lanka, Suriname, Sweden, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Turkmenistan, Uganda, Ukraine, Uruguay, Uzbekistan, Venezuela, and Zambia.
The Human Rights Committee is also mandated, under article 41 of the Covenant, to consider communications from a State party alleging violations of the Covenant's provisions by another State party. This procedure can be applied when both States recognize this competence of the Committee by a relevant declaration.
So far, 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. It has been ratified or acceded to by 31 States: Australia, Austria, Colombia, Croatia, Denmark, Ecuador, Finland, Germany, Greece, Hungary, Iceland, Ireland, Italy, Luxembourg, Malta, Mozambique, Namibia, Netherlands, New Zealand, Norway, Panama, Portugal, Romania, Seychelles, Slovenia, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Uruguay and Venezuela.
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; Thomas Buergenthal, of the United States; Christine Chanet, of France; Lord Colville, of the United Kingdom; Omran El Shafei, of Egypt; Elizabeth Evatt, of Australia; 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; Julio Prado Vallejo, of Ecuador; Martin Scheinin, of Finland; Danilo Türk of Slovenia; Maxwell Yalden, of Canada; and Abdallah Zakhia, of Lebanon.
The officers of the Committee are: Ms. Chanet, Chairperson; Mr. Bhagwati, Mr. El Shafei and Ms. Medina Quiroga, Vice-Chairpersons; and Ms. Evatt, Rapporteur.
HR/CT/98/25
31 July 1998
Committee Issues Recommendations on Reports of Ecuador, Israel, Italy, Algeria, Former Yugoslav Republic of Macedonia, and Tanzania
The Human Rights Committee ended its summer session today by issuing conclusions and recommendations on reports submitted by Ecuador, Israel, Italy, Algeria, the Former Yugoslav Republic of Macedonia and Tanzania.
The Committee expressed concern over lengthy judicial delays in Ecuador, and recommended, among other things, that legislative measures be adopted to help women, in particular adolescent women; that more be done to prevent child labour; and that steps be taken to assure protection for indigenous populations from the negative consequences of oil exploitation of their lands and to ensure their rights to their traditional cultures and means of subsistence.
It expressed concern over treatment by Israel of Palestinians in the occupied territories and of women and Arabs within Israeli borders, and called for reconsideration of the state of emergency prevailing in the country. It criticized the fact that use of "moderate physical pressure" was allowed during interrogation of suspected terrorists; that persons held in administrative detention on security grounds could be kept in custody for apparently indefinite periods; and that Arab homes in the occupied territories continued to be demolished as a means of punishment.
It called for effective sanctions in Italy against police and prison officials who abused their powers, recommended that preventive detention be restricted to essential cases, and urged steps to increase the efficiency and promptness of the entire judicial system.
The Committee said it was appalled at the widespread massacre of men, women and children in many villages and towns in Algeria. It cited concern that women also had been subject to abduction, rape, and severe violence; that there was a lack of timely or preventive measures provided by police or military officials in the vicinity of such attacks; and that there were persistent allegations of collusion of members of the security forces in terrorist attacks. It called for steps to investigate disappearances and extra-judicial executions, prevent torture, and eliminate unofficial centres of detention.
It urged that steps be taken in the Former Yugoslav Republic of Macedonia in response to reported cases of abuse of police authority, including unlawful arrest and detention and excessive use of force, especially against minority groups. The Committee also expressed concern over apparent inequality between men and women in employment and education and over reports of widespread domestic violence.
The Human Rights Committee recommended that police in the United Republic of Tanzania receive thorough training; that prison conditions be improved; that steps be taken to prevent sexual abuse or rape of female prisoners; and that imprisonment for inability to pay debts be abolished.
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. One hundred forty countries have ratified the International Covenant.
Mary Robinson, the High Commissioner for Human Rights, in a brief address on the final day of the session, termed the group's work "essential" to the realization of the Universal Declaration on Human Rights adopted 50 years ago. She ensured the Committee of her support and cooperation.
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.
The next session of the Committee is scheduled for 19 October to 6 November in Geneva. It is expected to discuss reports submitted by Armenia, Belgium, Iceland, Austria, Libya and Japan.
Conclusions and recommendations on country reports
The Committee remarked, among positive aspects of the report of Ecuador, the expected entry into force in August 1998 of a new Constitution containing numerous articles outlining protection of human rights; adoption of laws allowing compensation of victims of human rights violations; reinforcement of habeas corpus provisions; and limitations on the jurisdiction of military tribunals.
Concern was expressed, among other things, over delays in judicial procedures; over situations in which persons charged with offenses had remained in custody for extremely long periods without trial, including up to one-third of the sentences they could be subject to if they were ultimately convicted; over the fact that some 70 percent of persons incarcerated were still awaiting judgement on their cases; over unequal treatment of women based on tradition, despite legislative measures prohibiting such discrimination; over numerous cases of violence against women and a feeble judicial response to the problem; and over a high number of suicides among young women, apparently because of the prohibition of abortion. Recommendations included that legislative measures be adopted to help women, in particular adolescent women; that efforts to prevent child labour be augmented; that steps be taken to assure protection for indigenous populations from the negative consequences of oil exploitation of their lands and that the rights of indigenous inhabitants be protected, particularly their right to maintain their cultural identities and traditional means of subsistence.
The Committee cited as a factor affecting implementation of the International Covenant in Israel the security situation faced by the country, which included frequent attacks on the civilian population, but noted that under article 4 of the International Covenant, no derogation was permitted of certain basic rights, even in times of public emergency. It termed positive the thoroughly democratic nature of Israeli society and Government, the open discussion of sensitive issues, the recent establishment of a Public Defender's Office, and steps to address questions of police violence, review standards on rules of evidence, and advance the status of women.
Concern was expressed over numerous matters, among them that the International Covenant had not been incorporated into Israeli law; that the country continued "to deny its responsibility to fully apply the International Covenant in the occupied territories"; that there were "deeply imbedded discriminatory social attitudes, practices and laws against Arab Israelis that have resulted in lower standards of living compared with Jewish Israelis"; that the rights and freedoms of Palestinians in the occupied territories were less comprehensive than the rights and freedoms enjoyed by Jewish settlers in the same territories, in particular with regard to planning and building permits and access to land and water; that Bedouins faced discrimination in their efforts to continue to live in settlements in the Negev which were not recognized by the Israeli Government and were not provided with basic infrastructure and services; that women brought to Israel for purposes of prostitution, many on false pretenses or under coercion, were not protected as victims of trafficking but were likely to face penal measures and deportation; that a number of Palestinians had been killed by security forces, and that a number of citizens from different backgrounds had been killed in terrorist attacks; that "moderate physical pressure" was still allowed during interrogation of suspected terrorists; that persons held in administrative detention on security grounds could be kept in custody for apparently indefinite periods; and that Arab homes continued to be demolished as a means of punishment.
Among the panel's recommendations were that the state of emergency effectively in force since Israeli independence be carefully reviewed for the purposes of limiting its scope; that targeted measures be considered to accelerate progress towards equality for women, with particular emphasis on Arab women; that the Government enforce rigorously the strict limitations on use of firearms and use of rubber bullets against unarmed civilians, and that the country's next report include precise information on the number of deaths, including those caused by rubber bullets, the number of complaints arising from their use, and the number of defence and security personnel punished or disciplined as a result; that efforts be made to avoid prolonged isolation of segregated prisoners; and that the Government consider ratifying the Optional Protocol to the Covenant.
Several positive aspects were noted in the report of Italy, including ratification of a treaty of extradition; treatment of offenses concerning trafficking in women and others for purposes of prostitution as acts of slavery and violations of international and national law; and the setting up of a National Observatory on Religious Freedom.
Concern was expressed, among other things, over structural and cultural problems resulting in continued discrimination against women in public and political life and in employment; and over delays in passage of legislation criminalizing torture and domestic violence and improving the status of ethnic, religious, and linguistic minorities, including the Slovenian minority. The Committee recommended, among other things, that Italy consider withdrawing its reservations to the Covenant; that effective sanctions be imposed against police and prison officers who abused their powers and that vigilance be maintained over the outcome of complaints made against members of the Carabinieri and against prison officers; that the maximum period for holding a person in custody on a criminal charge be reduced, even in exceptional circumstances, below the present five days, and that such persons be entitled to legal advice immediately upon arrest; that grounds for preventive detention be restricted only to essential cases and that the length of such detention no longer be linked to the severity of the offence with which the person was charged; that instances of preventive detention be reduced and that prison overcrowding be ameliorated; that further steps be taken to increase the efficiency and promptness of the entire judicial system; and that measures be taken to combat an increase in incidents of racial intolerance.
It was noted that a factor impeding implementation of the International Covenant in Algeria was widespread and indiscriminate attacks against the civilian population and a general climate of violence. The Committee said the situation heightened the responsibility of the Government to re-establish and maintain conditions protecting fundamental rights and freedoms in the country.
The panel cited as positive the establishment in Algeria of a National Observatory for Human Rights, a public ombudsman, and a National Committee for the Preservation and Promotion of Women.
Concern was expressed over a number of issues. The Committee said it was appalled at the widespread massacre of men, women and children in many villages and towns. It cited concern that women also had been subject to abduction, rape, and severe violence; that there was a lack of timely or preventive measures provided by police or military officials in the vicinity of such attacks; and that there were persistent allegations of collusion of members of the security forces in terrorist attacks. It also expressed concern over reports of torture; allegations from family members of disappearances and a failure of the State to investigate or respond to disappearances; an increased number of offenses for which the death penalty may be imposed; discriminatory aspects of the Family Code which limited, among other things, the ability of women to choose husbands and to have sufficient independence and equality in marriage; a lack of independence of the judiciary; an Arabic Language Decree which could impede large Berber and French-speaking sections of the population from participating equally in public life; and restrictions on freedom of the press and freedom of association.
Among its recommendations, the Committee urged the Algerian Government to prevent attacks against civilians; to come promptly to the defence of the population when attacks occurred; to investigate promptly such attacks, using an independent body, and to bring the offenders to justice; and in all cases of massacres to conduct an independent inquiry into the conduct of the security forces, from lowest to highest levels, and where necessary to subject them to penal and disciplinary sanctions. It called on the Government to ensure that all allegations of arbitrary or extrajudicial executions, including any occurring in custody, be thoroughly investigated by an independent mechanism, that offenders be brought to justice, and that access to places of detention be given to the International Committee of the Red Cross and other independent observers. It recommended, based on persistent reports about the activities of "legitimate defence groups" and "meagre information" provided by the Government in response to questions about these groups, that urgent measures be taken to maintain within police and defence forces the responsibility for maintaining law and order and protection of the civilian population, and that the defence groups be brought under strict control of responsible State organs. It urged that all detainees be monitored to ensure that they were not subject to torture, that all allegations of torture or ill-treatment be investigated by an impartial body and that the results of the investigations be published, and that any officials found responsible for such crimes be prosecuted and, if convicted, severely punished. It also called for thorough and impartial investigations of disappearances and for effective measures to prevent the arrest and detention of persons "outside the law" and prevention of the holding of persons in unofficial places of detention. It further urged that rights to freedom of press, assembly, association, and open free political activity be respected.
It was noted that in the Former Yugoslav Republic of Macedonia factors impeded application of the International Covenant in the form of a complex and difficult transition to a Government and culture based on individual rather than collective rights, and because of continuing ethnic tensions, particularly involving the country's Albanian minority. A number of positive aspects to the Macedonian report were cited, including incorporation of the International Covenant into domestic law; reforms of the judicial and prison systems; appointment of an ombudsman; and enactment of legislation prohibiting the use of the mass media to incite national, racial, or religious intolerance.
The Committee expressed concern, among other things, over continued application of restrictive legislation inherited from the previous regime in various fields, including importation of printed materials; over continued apparent inequality between men and women in practice, particularly in the spheres of employment and education; over reports of continuing widespread domestic violence against women; and over the continuation of a practice of forcing citizens to attend so-called "informative talks" under police compulsion. The panel recommended, among other things, that ethnic violence involving the police in Gostivar on 7 July 1997, in the course of which three persons were killed and hundreds wounded, be thoroughly investigated by an independent body and that those found responsible be subjected to appropriate sanctions; that steps be taken in a number of areas in response to reported cases of abuse of police authority, including unlawful arrest and detention and excessive use of force, especially against minority groups, and of maltreatment of detainees, and that persons responsible for such offenses be identified and appropriately punished; that minority participation in political, administrative, cultural, and other institutions be further promoted; that the Roma be given sufficient protection and participation in national life; and that greater minority participation be encouraged in the design and function of the educational system.
Noted as a factor hindering application of the International Covenant in the United Republic of Tanzania was a large influx of refugees which the Government lacked sufficient resources to cope with. Cited among positive aspects to the situation in the country were restoration of political pluralism through an amendment to the Constitution; willingness of the courts to challenge Government actions for compliance with the Constitution; easing of limits on freedom of expression; and a large reduction in employment of children in the gem-stone industry.
The Committee expressed concern over -- among other things -- traditional customs and pressures that inhibited complaints about rape between separated spouses or about genital mutilation, even though such acts were now criminal offenses; over the application of laws which discriminated against women in such areas as marriage, divorce, land, and inheritance; over a law in force in Zanzibar allowing imprisonment of both mother and father in the event of an unmarried woman becoming pregnant; over provisions allowing corporal punishment in schools or in cases of violation of prison regulations; over reports of armed groups ("sungu-sungu") acting as vigilantes and perhaps committing abuses of human rights; and over judicial delays.
Among the panel's recommendations were that the Emergency Powers Act of 1986, certain aspects of the Human Resources Development Act of 1983, the powers of the President to detain persons incommunicado and without trial, and punishment under the Witchcraft Ordinance of 1928 be repealed; that the International Covenant be given formal recognition and applicability in domestic law; that discriminatory features be eliminated from the Law of Marriage Act; that details be published on sentences of the death penalty and that the penalty be abolished; that no refugee be returned to another State unless it was certain that he or she would not be subjected to execution or torture there; that police receive thorough training in human rights and crowd control and that an independent mechanism be set up for investigating complaints against them; that prison conditions be improved, that steps be taken to prevent sexual abuse or rape of female prisoners, and that alternatives to imprisonment be made more widely available to the courts; that imprisonment for inability to pay debts be abolished; that freedom of an adult individual's sexual conduct be protected by the State; that measures be taken to reduce incidences of domestic violence and that criminal remedies be provided in cases where it occurred; and that further steps be taken to counter continuing employment of children in industrial and agricultural activities.
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 of which 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 and 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.
States Parties to Covenant
The following 140 States have ratified or acceded to the Covenant: Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, 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, Kenya, Kuwait and the Kyrgyz Republic.
Also: Latvia, Lebanon, Lesotho, Libya, 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, Slovak Republic, Slovenia, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, 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.
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 92 States are parties to the First Optional Protocol: Algeria, Angola, Argentina, Armenia, Australia, Austria, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Bulgaria, 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, Guinea, Guyana, Hungary, Iceland, Ireland, and the Kyrgyz Republic.
Also: Latvia, Libya, 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, Slovak Republic, Slovenia, Somalia, Spain, Sri Lanka, Suriname, Sweden, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Turkmenistan, Uganda, Ukraine, Uruguay, Uzbekistan, Venezuela, and Zambia.
The Human Rights Committee is also mandated, under article 41 of the Covenant, to consider communications from a State party alleging violations of the Covenant's provisions by another State party. This procedure can be applied when both States recognize this competence of the Committee by a relevant declaration.
So far, 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. It has been ratified or acceded to by 31 States: Australia, Austria, Colombia, Croatia, Denmark, Ecuador, Finland, Germany, Greece, Hungary, Iceland, Ireland, Italy, Luxembourg, Malta, Mozambique, Namibia, Netherlands, New Zealand, Norway, Panama, Portugal, Romania, Seychelles, Slovenia, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Uruguay and Venezuela.
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; Thomas Buergenthal, of the United States; Christine Chanet, of France; Lord Colville, of the United Kingdom; Omran El Shafei, of Egypt; Elizabeth Evatt, of Australia; 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; Julio Prado Vallejo, of Ecuador; Martin Scheinin, of Finland; Danilo Türk of Slovenia; Maxwell Yalden, of Canada; and Abdallah Zakhia, of Lebanon.
The officers of the Committee are: Ms. Chanet, Chairperson; Mr. Bhagwati, Mr. El Shafei and Ms. Medina Quiroga, Vice-Chairpersons; and Ms. Evatt, Rapporteur.