HUMAN RIGHTS COMMITTEE CONCLUDES EIGHTY-SECOND SESSION

5 November 2004


Adopts Final Conclusions and Recommendations on Reports
of Finland, Albania, Benin, Morocco and Poland


The Human Rights Committee concluded today its three-week winter session during which it considered and adopted concluding observations and recommendations on the reports submitted by Finland, Albania, Benin, Morocco and Poland on how they implement the provisions of the International Covenant on Civil and Political Rights.

The Governments of the five countries sent delegations to answer questions raised by Committee Experts in keeping with their obligations as States parties to the Covenant. There are 153 States parties to the Covenant.

After considering the fifth periodic report of Finland, the Committee noted with satisfaction the adoption of recent legislative measures, including a new law against discrimination which entered into force in February 2004; new language in the Penal Code punishing trafficking in human beings; and steps that had increased the number of women in senior posts within the administration, including the directors in several ministries. Among its concerns, the Committee noted that Roma still faced discrimination in housing, education, employment and access to public places and the failure to settle the question of Sami rights to land ownership.

With regard to the initial report of Albania, the Committee welcomed the progress accomplished in legislative and institutional reform after the regime change in the early 1990s, including the adoption of a democratic Constitution in 1998 which enhanced the protection of human rights. The Committee was concerned, however, that women continued to face discrimination under customary law and traditional codes (Kanun) and about the phenomenon of “blood feud”. The Committee called on the State party to take firm measures to eradicate crimes committed under the guise of customary law and traditional codes and to investigate such crimes.

Concerning the initial report of Benin, the Committee was pleased to learn of the promulgation of the new Code of the Family and Persons which pertained to gender balance, and in particular marriage, divorce and parental authority. However, the Committee remained concerned by the persistence of cases of female genital mutilation in certain areas of the country which constituted serious violations of the Covenant. The Committee also called on the State party to restrict capital punishment to cases involving the most serious crimes and to plan to abolish the death penalty as well as to ratify the Second Optional Protocol to the Covenant.

In its concluding observations on the fifth periodic report of Morocco, the Committee noted with satisfaction that since the presentation of the last report of Morocco, the State party had continued with its democratic reforms, had adopted new legislation, in particular the new Code on the Family, and had set up the Office of the Ombudsman (Diwan Al Madhalim). The Committee was concerned that the number of violations for which the death penalty was applied had increased since the State party's last periodic report and, among other things, that the Penal code made it possible to qualify all "serious acts of violence" as constituting a terrorist act.

In connection with the fifth periodic report of Poland, the Committee noted with satisfaction improvements made in the area of women's rights, in particular by the appointment of a Government Plenipotentiary on the Equal Status of Women and Men. The Committee reiterated its deep concern about restrictive abortion laws in Poland and that the number of women in senior positions was still low. The Committee also called on the State party to intensify its efforts to prevent discrimination against the Roma community and ensure their full enjoyment of the rights laid out in the Covenant.

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

The next session of the Committee will take place from 14 March to 1 April 2005 in New York at which time the Committee will consider the country reports of Greece, Iceland, Kenya, Mauritius and Uzbekistan and the county situation in Barbados in the absence of a report.

CONCLUDING OBSERVATIONS ON COUNTRY REPORTS

FINLAND

After having considered the fifth periodic report of Finland, the Committee noted with satisfaction the adoption of recent legislative measures, including a new law against discrimination which entered into force in February 2004; new language in the Penal Code punishing trafficking in human beings; and steps that had increased the number of women in senior posts within the administration, including the directors in several ministries. The Committee was also pleased to observe the State party’s concern to integrate human rights into action to combat terrorism, in part by maintaining an outright ban on extradition, refoulement or expulsion to a country where the individual concerned might be exposed to the death penalty and violations of the Covenant. The Committee also emphasized the positive role played internationally by Finland in the establishment of a European Forum for the Roma.

The Committee was concerned, however, at the situation of persons held in pre-trial detention at police stations and noted the lack of clarity as regards detainees’ right to a lawyer while in custody and the involvement and role of a doctor during that period. While noting that there was a bill on pre-trial detention which called for suspects to be kept separate from convicts except in exceptional circumstances, the Committee felt that some of the practical difficulties cited by the delegation, such as a shortage of staff and space, were no justification for any infringement of the Covenant.

The Committee noted the lack of clarity as to the implications and consequences of the amendment to the Aliens Act of July 2000 providing for accelerated procedures in the case of asylum-seekers with manifestly ill-founded claims and applications by aliens from a “safe” country, as regards both the suspensive effect of an appeal and the legal protection available to asylum-seekers.

The Committee regretted that the right to conscientious objection was acknowledged only in peacetime, and that the civilian alternative to military service was punitively long. It reiterated its concern at the fact that the preferential treatment accorded to Jehovah’s Witnesses had not been extended to other groups of conscientious objectors.

While acknowledging the State party’s efforts to enable the Roma minority to preserve its language and culture and to integrate fully into society, the Committee again noted with concern that Roma still faced discrimination in housing, education, employment and access to public places.

The Committee regretted that it had not received a clear answer concerning the rights of the Sami as an indigenous people, in light of article 1 of the Covenant. It reiterated its concern over the failure to settle the question of Sami rights to land ownership and the various public and private uses of land that affected the Sami's traditional means of subsistence - in particular reindeer breeding - thus endangering their traditional culture and way of life, and hence their identity.

ALBANIA

With regard to the initial report of Albania, the Committee welcomed the progress accomplished in legislative and institutional reform after the regime change in the early 1990s, notably the restoration of the freedom of conscience and belief, as well as the adoption of a democratic Constitution in 1998 which enhanced the protection of human rights. The Committee welcomed the measures taken to improve the protection and promotion of human rights, namely the establishment of a "State Council of Minorities"; the establishment of a "National Strategy for the Improvement of the Roma Living Conditions"; and the establishment of a Committee for Equal Opportunity. The Committee also commended the State party for having abolished the death penalty in 2000.

The Committee was concerned that women continued to face discrimination under customary law and traditional codes (Kanun), as well as about reports of high rates of domestic violence. It called on the State party to adopt and implement appropriate policies to combat effectively and prevent the application of discriminatory customary law, to reinforce its policies against domestic violence and to assist its victims.

While welcoming the progress made by the State party in the fight against traditional “blood feud” and situations where potential victims, including children, did not leave their homes, the Committee expressed its concern about these phenomena and the lack of detailed information provided about crimes related to customary law and traditional codes. In this regard, it called on the State party to take firm measures to eradicate crimes committed under the guise of customary law and traditional codes and to investigate such crimes and prosecute and punish all the perpetrators.

The Committee was concerned about allegations of arbitrary arrests and detention, the excessive use of force by law enforcement officials, ill treatment of detainees in police custody and use of torture to extract confession from suspects. It regretted that acts of torture by law enforcement officials were considered as “arbitrary acts” only and treated accordingly. It was also concerned that despite several investigations and punishment of those responsible for ill treatment, many cases had not been investigated properly and compensation to victims had not been provided.

While the Committee acknowledged that Albania’s role had decreased as a transit route for trafficking in human beings and welcomed the legal and practical measures taken by the State party to address and combat trafficking in women and children originating from the country, it remained concerned about this phenomenon, about reports on the involvement of police and government officials in acts of trafficking, and about the lack of effective witness and victim protection mechanisms.

While noting measures undertaken to improve the living conditions of the Roma community, the Committee was concerned that the Roma community continued to suffer prejudice and discrimination in Albania, in particular with regard to access to health services, social assistance, education and employment which had a negative impact on the full enjoyment of their rights under the Covenant.

BENIN

With regard to the initial report of Benin, the Committee noted with satisfaction the possibility of an individual to approach the Constitutional Court of Benin and the Court's role in the area of protecting basic rights. The Committee was also pleased to learn of the promulgation of the new Code of the Family and Persons in August 2004 which pertained to gender balance, and in particular marriage, divorce and parental authority. Moreover, the Committee welcomed the adoption of the law of March 2003 prohibiting the practice of female genital mutilation.

The Committee expressed its concern about information received according to which domestic violence against women was common practice in Benin and called on the State party to adopt effective and concrete measures to combat this phenomenon. The Committee remained concerned by the persistence of cases of female genital mutilation in certain areas of the country, which constituted serious violations of the Covenant.

The Committee was concerned about certain provisions in the State's Penal Code and Code of Criminal Procedure pertaining to the fight against terrorism that could undermine the rights laid out in the Covenant. The Committee requested that the State party ensure that these provisions did not undermine the rights in the Covenant, in particular the right to safety and freedom of the individual, the right to a fair trial, and the right not to be subjected to torture, or inhumane and degrading treatment.

The Committee called on the State party to restrict capital punishment to cases involving the most serious crimes and to plan to abolish the death penalty as well as to ratify to the Second Optional Protocol to the Covenant. The Committee recommended that the State party commute existing sentences for those on death row to prison sentences instead, to immediately check the conditions of detention of those condemned to death, and to ensure in all circumstances the respect of all United Nations standards for the treatment of prisoners.

The Committee was concerned about information according to which abuse, torture, and cruel, inhumane and degrading treatment during police custody remained a current practice in Benin. It was also concerned that the persons in charge of carrying out these violations seemed to enjoy impunity.

The Committee called on the State party to guarantee the rights of those in custody to contact a lawyer during the first hours of detention, to inform their close relatives of their detention, and to be informed of their rights. A medical examination should also be envisaged at the beginning and the end of the police custody. The Committee added that fast and effective possibilities for recourse making it possible for people in custody to dispute the legality of police custody and to take advantage of their rights should be open. The Committee remained concern about the situation in prisons, in particular with regard to hygiene and access to healthcare and food. It was also concerned about large-scale prison overcrowding, while noting that the separation of minors and adults was not guaranteed in all cases.

The Committee expressed its concern about the shocking diversions practiced in the State of placing a child in the care of a third party under the framework of familial or community mutual aid (Vidomégons), which was a source of trafficking and the economic exploitation of children inside Benin itself. It also noted with concern that the Benin had became a country of transit, origin and destination for the international trafficking of children.

MOROCCO

In its concluding observations on the fifth periodic report of Morocco, the Committee noted with satisfaction that since the presentation of the last report of Morocco, the State party had continued with its democratic reforms, had adopted new legislation, in particular the new Code on the Family, and had set up the Office of the Ombudsman (Diwan Al Madhalim). The Committee was pleased with the constant practice of Morocco, since 1994, to commute sentences for those on death row. It was also pleased by the decision taken by the Supreme Court of Morocco in September 2000 pertaining to article 11 of the Covenant indicating that no one should be imprisoned merely on the ground of inability to fulfil a contractual obligation.

The Committee remained concerned by the lack of progress on the question of the right to self-determination for the people of Western Sahara. It called on the State party to make all efforts to ensure that all of the affected population in Western Sahara fully enjoyed the rights enshrined in the Covenant.

The Committee was also concerned that the number of violations for which the death penalty was applied had increased since the State party's last periodic report and suggested that Morocco would have to reduce the number of these violations in order to be in a position to abolish capital punishment.

The Committee remained concerned about the many allegations of torture and ill treatment made by persons in detention and by the fact that agents of the State responsible for such actions were only submitted to disciplinary measures. The Committee recommended that all places of detention should be subject to independent inspections. It also regarded the period of police custody, by which a suspect could be held without being presented to a judge, as excessive; 48 hours (renewable once) for ordinary crimes; and 96 hours (renewable twice) for crimes related to terrorist activities. Morocco should thus re-examine its legislation on police custody to put it in conformity with the provisions of the Covenant. The Committee was also concerned about the fact that a detainee could not benefit from the services of a lawyer while in police custody and called on Morocco to modify its legislation and its practices to allow the detained person to have access to a lawyer as soon as he or she was arrested.

The Committee remained concerned by reports on poor prison conditions and recommended that Morocco take the necessary measures to guarantee the independence and impartiality of magistrates. The Committee also expressed its concern that the Penal Code made it possible to qualify all "serious acts of violence" as constituting a terrorist act. It was equally concerned by many reports describing the retroactive application of the law on the fight against terrorism, which was adopted in May 2003.

The Committee was also concerned about persistent reports according to which journalists were fined or harassed while carrying out their duties. The Committee said Morocco should remove any obstacles to the right of opinion and free expression as provided in the Covenant.

Among other things, the Committee was concerned by the high rate of illiteracy in Morocco, particularly among women, and about the prohibition of marriages between Muslim women and men who professed another religion. The Committee was also worried by the high level of domestic violence encountered by women. It noted with concern that abortion remained a penal infringement in Morocco except in cases where it was carried out to save the life of the mother.

POLAND

In connection with the fifth periodic report of Poland, the Committee welcomed the commitment of the State Party to respect the rights recognized in the Covenant to all individuals subject to its jurisdiction in situations where its troops operated abroad, particularly in the context of peacekeeping and peace-restoration missions. The Committee noted with satisfaction improvements made in the area of women's rights, in particular the appointment of a Government Plenipotentiary on the Equal Status of Women and Men. It also welcomed the extension of the Plenipotentiary's competence to issues relating not only to discrimination on the basis of sex but also on grounds of race and ethnic origin, religion and beliefs, age and sexual orientation.

The Committee reiterated its deep concern about restrictive abortion laws in Poland, which might incite women to seek unsafe, illegal abortions, with attendant risks to their life and health. It was also concerned at the unavailability of abortion in practice even when the law permitted it, for example in cases of pregnancy resulting from rape, and by the lack of information on the use of the conscientious objection clause by medical practitioners who refused to carry out legal abortions.

While the Committee appreciated progress made in the area of equality between men and women in the public service, it noted with concern that the number of women in senior positions was still low. The Committee also remained concerned about the disparities in remuneration between men and women. The Committee called on the State party to ensure equal treatment of men and women at all levels of public service and to take appropriate measures to ensure that women enjoyed equal access to the labour market and equal wages for work of equal value.

While taking note of measures to address overcrowding in prisons, the Committee remained concerned that many inmates still occupied cells which did not meet the requirements established by the UN Standard Minimum Rules on the Treatment of Prisoners. It was also concerned that judges did not make full use of alternative types of punishment available under the law.

The Committee said the State party should intensify its efforts to prevent discrimination against the Roma community and ensure the Roma full enjoyment of the rights laid out in the Covenant. The Committee added that the police and judiciary should be properly trained to investigate and sanction all acts of discrimination and violence against the Roma.

The Committee noted with concern that incidents of desecration of Catholic and Jewish cemeteries, and acts of anti-Semitism, had not always been properly investigated and the perpetrators had not always been punished. The Committee said the State Party should intensify efforts to combat and punish all such incidents and that law enforcement bodies and the judiciary should be properly trained and instructed on how to address such complaints.

While taking note of the draft Law on National and Ethnic Minorities and on Regional Languages, the Committee was concerned that current legislation did not allow linguistic minorities to use their own language when dealing with administrative authorities in areas where their numbers warranted.


Membership of Committee

The States parties to the Covenant elect the Committee's 18 expert members who serve in their individual capacity for four-year terms. Article 28 of the Covenant requires that "they shall be persons of high moral character and recognized competence in the field of human rights."

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

Mr. Amor serves as President of the Committee with Mr. Rivas Posada, Sir Nigel and Mr. Wieruszewski serving as Vice Presidents. Mr. Shearer serves as Committee Rapporteur.