HUMAN RIGHTS COMMITTEE CONCLUDES NINETY SIXTH SESSION

Human Rights Committee
ROUNDUP


31 July 2009





Adopts Recommendations on the Reports of Tanzania, the Netherlands, Chad and Azerbaijan and on the Situation of Civil and Political Rights in Grenada


The Human Rights Committee concluded today its ninety-sixth session, during which it considered and adopted concluding observations and recommendations on the reports submitted by Tanzania, the Netherlands, including the Netherlands Antilles and Aruba, Chad and Azerbaijan on how those countries implement the provisions of the International Covenant on Civil and Political Rights. During this session, it also finalized its concluding observations on the situation of civil and political rights in Grenada, which the Committee reviewed in the absence of a report on 18 July 2007, at its ninetieth session.

In concluding observations on the fourth periodic review of Tanzania, the Committee welcomed the enactment of the Spinsters and Single Parent Child Protection Act of 2005 in Zanzibar, abolishing the imprisonment of unmarried women who had become pregnant, as well as the de facto moratorium on the death penalty, which has been in force since 1994. The Committee was concerned at the high number of reported incidents of mutilations and killings of persons with albinism. Other concerns included that the practice of female genital mutilation still persisted and that impunity for perpetrators prevailed and that corporal punishment was still available as part of judicial sentences and was also permitted within the education system.

Following its consideration of the fourth periodic report of the Netherlands, including the Netherlands Antilles and Aruba, the Committee welcomed, for the European part of the Netherlands, a new law that allowed for the exclusion from the home of perpetrators of domestic violence. It noted with concern, among others, the low participation of women in the labour market and the existing pay gap; the high number of euthanasia cases; and inadequate measures taken to combat child abuse. For the Netherlands Antilles and Aruba, the Committee recommended, respectively, that prison conditions be improved and that the duration of pre-trial detention be brought in line with the Covenant.

Regarding the initial report submitted by Chad, the Committee welcomed the adoption of a law prohibiting female genital mutilation, early marriage and domestic and sexual violence. Among principal concerns was the impunity with which serious human rights violations were committed, including murder, rape, forced disappearances, arbitrary detention, torture, destruction of property, forced displacement and attacks against the civilian population. The continuing high level of corruption in Chad also concerned the Committee. Among recommendations, the Committee asked Chad to consider abolishing the death penalty or re-implementing the moratorium on it and that it take appropriate measures to enforce the rights of persons in custody.

Having reviewed the third periodic report of Azerbaijan, the Committee welcomed, inter alia, the agreement with the International Committee of the Red Cross to conduct regular visits in prisons and detention facilities and the adoption of a national programme to combat domestic violence. One of the major concerns of the Committee remained the extensive limitations to the right to freedom of expression of the media and reports of killings or beatings of journalists. The Committee also expressed concern regarding the persistence of violence against women, in particular domestic violence, and reported incidents of violation of non-refoulement of asylum-seekers.

Having considered the situation of civil and political rights in Grenada in the absence of a report, the Committee regretted that Grenada had not submitted its initial report, due on 5 December 1992, which amounted to a serious breach of its obligations under the Covenant. Among positive aspects, the Committee welcomed the abolition of the mandatory death penalty in 2002. The Committee was concerned that corporal punishment, including flogging and whipping, was still administered in accordance with the Criminal Code, the Prisons Act, and the Education Act of 2002. Among recommendations, the Committee said Grenada should provide without further delay for an independent judicial review of the convictions of the 10 members of the “Grenada 17” still in detention.

During the session, the Committee considered 34 communications from individuals submitted under the first Optional Protocol to the Covenant. The first Optional Protocol, for the 111 States that have ratified it, allows review by the Committee of complaints from persons alleging violations of the terms of the Covenant. In private meetings the Committee's decided that 9 communications were inadmissible, 14 Views were adopted, 2 communications were deemed admissible and consideration would be discontinued for 9 communications. The Chairperson informed the Committee that 3 new State party reports had been received this week, two of which were initial reports.

The Committee also held its fifth informal meeting with States Parties, where States and Experts addressed, inter alia, the harmonization of working methods with other treaty bodies; the complementarity of the work of the Human Rights Committee with the Universal Periodic Review; and collaboration between the Committee and the Human Rights Council. The Committee also held a discussion on human rights indicators and the influence of parliamentarians on the implementation of human rights.

Also during the session, the Committee considered progress reports on follow-up to its concluding observations and follow-up to the Committee's decisions on individual communications.

During its next session, which will take place in Geneva from 12 to 30 October 2009, the Committee is scheduled to consider reports from Moldova, Switzerland, Croatia, Russian Federation, and Ecuador.

Concluding Observations On Country Reports

Azerbaijan

Having reviewed the third periodic report of Azerbaijan, the Committee commended Azerbaijan for the continuing process of bringing its domestic legislation into line with the provisions of the Covenant and other human rights treaties. It welcomed particularly the agreement with the International Committee of the Red Cross to conduct regular visits in prisons and detention facilities; efforts to improve the conditions of detention of prisoners, including measures taken to reduce the rate of tuberculosis mortality in prisons, resulting in a reduction by a factor of 15.8 in the last 10 years; the adoption in 2007 of a national programme to combat domestic violence and of the Action Plan on Family and Women’s Issues, 2009-2012; and measures adopted for children with special needs and persons with disabilities that sought to eradicate stereotypes, rehabilitate persons with disabilities and children with special needs and to provide them with increased opportunities to take part in all areas of public life.

The Committee was concerned that, despite the efforts undertaken, violence against women still continued, in particular domestic violence. It further noted with concern that the authorities registered only very few complaints of rape. The Committee recommended, inter alia, that Azerbaijan increase the number of shelters for women and children victims of domestic violence. It also noted with concern that a large number of underage marriages occurred each year in Azerbaijan, in particular for girls belonging to internally displaced families. Regarding the asylum procedure, the Committee was concerned about information that individuals who had been denied access to the relevant asylum procedures had been expelled to countries where they could face the risk of torture or ill-treatment.

The Committee remained concerned at the extensive limitations to the right to freedom of expression of the media, the closure of independent newspapers, and the removal of licenses to broadcast locally for a number of foreign radio stations. It was also concerned at reports of killings or beatings of journalists, which had not been elucidated. The Committee urged Azerbaijan to take the necessary measures to put an end to direct and indirect restrictions on freedom of expression. Legislation on defamation should be brought into line with Article 19 by ensuring a proper balance between the protection of a person's reputation and freedom of expression. Azerbaijan was also urged to effectively protect media workers against attempts on their integrity and life and to pay special attention and to react vigorously if such acts occurred. The Committee was further concerned at persistent reports according to which the Azerbaijani authorities unreasonably restricted individuals’ right to freedom of peaceful assembly, by refusing to deliver authorizations, or by dispersing peaceful demonstrations with excessive use of force.

Chad

Regarding the initial report of Chad, the Committee welcomed that the Chadian Constitution granted the Covenant precedence over domestic law and the adoption of a law prohibiting female genital mutilation, early marriage and domestic and sexual violence. The Committee also noted with interest the establishment of the National Commission to investigate violations of human rights that took place during the events of February 2008, as well as the establishment of the Ministry of Human Rights and the Promotion of Freedom in 2005.

Among the principal concerns of the Committee was the impunity with which serious human rights violations were committed, including murder, rape, forced disappearances, arbitrary detention, torture, destruction of property, forced displacement and attacks against the civilian population. The continuing high level of corruption in Chad also concerned the Committee. Noting that between 2007 and 2008 about 160,000 Chadians had been internally displaced, with most of the displaced under 18 years old, and that displaced women had been victims of rape and other forms of violence by militias and armed groups, the Committee recommended that Chad increase protection for displaced persons, prosecute and punish all perpetrators of sexual violence and create conditions providing durable solutions for displaced persons. The Committee requested Chad to redouble its efforts to bring customary laws and customary practices in line with the Covenant. It should in particular firmly apply the law prohibiting female genital mutilation and bring perpetrators to justice.

The Committee also expressed concern over the reports of many enforced disappearances and regretted that the recommendations of the Commission of Inquiry on violations of human rights on the incidents of February 2008 had not been implemented. It also noted with concern that the exercise of freedom of association and peaceful assembly was subject to prior authorization and that the state of emergency would be used to control and to censor the free press. Another concern were reports that many human rights defenders could not exercise their activities. Among recommendations, the Committee asked Chad to consider abolishing the death penalty or re-implementing the moratorium on it; to make torture a separate offence in the Criminal Code; and to take appropriate measures to enforce the rights of persons in custody. Chad should also adopt urgent and effective measures to address overcrowding in detention centres. Further, the Committee urged Chad to take the necessary and appropriate measures to eradicate the exploitation of children as domestic servants and cattle herders, as well as put an end to recruitment of child soldiers.

The Netherlands

Following its consideration of the fourth periodic report of the Netherlands, including the Netherlands Antilles and Aruba, the Committee welcomed for the European part of the Kingdom the Equal Treatment in Employment (Age Discrimination) Act of May 2004, which banned age discrimination in employment, occupation and vocational training; the Temporary Domestic Exclusion Order Act (2009), which allowed for the exclusion from the home of perpetrators of domestic violence in situations where there is a serious threat to the victims, including children; the “Everyone Takes Part” Action Programme (2007) aimed at combating ethnic and racial discrimination in access to employment; and the National Action Plan to Combat Trafficking in Human Beings of December 2004. Regarding the Netherlands Antilles, the Committee welcomed the development of a national referral system in 2006 for victims of trafficking in need of assistance, which was periodically updated in consultation with the International Organization for Migration and the Human Trafficking Coordination Centre. The Committee commended Aruba on the adoption of the Sexual Offences and Stalking Ordinance of 2003, which expanded the criminal law protection of minors against sexual abuse. The Committee also welcomed the revision of the Police Order on the Treatment of Detainees to take into account the standards of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

With respect to the European part of the Kingdom, the Committee noted with concern that the participation of women in the labour market remained considerably lower than that of men and that a significant gender pay gap persisted. The Committee also noted the low participation of women in public office and in the private sector at senior levels. The Netherlands should pay particular attention to encouraging mothers of young children to continue in employment by increasing the options available for full-time and part-time child care and appropriate after-school programmes. The Committee remained concerned at the extent of euthanasia and assisted suicides in the Netherlands. Under the law on the Termination of Life on Request and Assisted Suicide, a physician could terminate a patient’s life without any independent review by a judge or magistrate to guarantee that that decision was not the subject of undue influence or misapprehension. Though a second physician had to give an opinion, even that could be obtained from a telephone hotline. There was also no prior judicial review of a physician’s decision to terminate a patient’s life in circumstances where the patient was not able to make the request themselves. Concerning child sexual abuse, the Committee was concerned that even with the “Children Safe at Home” Action Plan, the efforts deployed to protect children were inadequate and that many cases of abuse were not reported. The Netherlands should strengthen its efforts to combat child abuse by improving mechanisms for its early detection, encouraging reporting of suspected and actual abuse, and by requiring authorities to take legal action against those involved in child abuse.

Regarding the Netherlands Antilles, the Committee was concerned at reports that the prison conditions in Bon Futuro Prison and Bonaire Remand Prison remained extremely harsh. The Committee also noted with concern that human trafficking was not a separate criminal offence under Antillean law and that trafficking in human beings was addressed by charging under other crimes in the Criminal Code, including false imprisonment and sexual offences. As for Aruba, the Committee was concerned that pre-trial detention was lengthy, averaging 116 days and lasting up to a maximum of 146 days, after which the examining magistrate might extend it for a further 30 days. The Committee recommended that pre-trial detention should be limited to the duration in line with Article 14 of the Covenant.

Tanzania

Following the review of the fourth periodic review of Tanzania, the Committee welcomed the enactment of the Spinsters and Single Parent Child Protection Act of 2005 in Zanzibar, abolishing the imprisonment of unmarried women who had become pregnant; the de facto moratorium on the death penalty which had been applied since 1994; and the measures taken to increase the representation of women in public bodies and institutions.

While noting Tanzania’s willingness to take steps to achieve equality between men and women, the Committee reiterated its concern about the persistent pattern of discrimination against women in the area of personal and family laws, relating to marriage, succession and inheritance, and the continuing existence of inequalities between women and men. It trecommended that Tanzania step up efforts to change customary attitudes detrimental to women’s rights. The Committee continued to be concerned about the prevalence of gender-based violence, in particular domestic violence, and the impunity for perpetrators of such violence, despite the steps adopted by the State party in that regard. Tanzania should define and criminalize domestic violence, including marital rape. The Committee was also still concerned about the persistent practice of female genital mutilation and Tanzania had admitted that the law had not been effectively enforced and that impunity for perpetrators prevailed.

Concerning the death penalty, the Committee reiterated its concern that courts continued to impose death sentences and was concerned at the high number of persons remaining on death row. As to corporal punishment, the Committee was concerned that it was still available as part of judicial sentences and was permitted within the education system, and that it continued to be applied in practice. Tanzania should promote non-violent forms of discipline as alternatives to corporal punishment within the educational system and carry out public information campaigns about its harmful impact. While noting Tanzania’s commitment to prevent, investigate and prosecute cases of mutilations and killings of persons with albinism, the Committee was concerned at the high number of reported incidents, the limited number of court cases and slow proceedings in that regard. Tanzania should, as a matter of urgency, strengthen its efforts to put a halt to incidents of mutilation and killings of persons with albinism, and to ensure the timely and efficient conduct of investigations and prosecution of the perpetrators. It should also strengthen its public awareness-raising campaign with a view to preventing future attacks.

Concluding Observations on Grenada under Review Procedure

Having considered the situation of civil and political rights under the Covenant in Grenada in the absence of a report on 18 July 2007, the Committee regretted that Grenada, despite numerous reminders, had not submitted its initial report, which had been due on 5 December 1992. The Committee considered that that amounted to a serious breach of Grenada’s obligations under article 40 of the Covenant.

Among positive aspects in the review, the Committee welcomed the abolition of the mandatory death penalty by Grenada in 2002. It also welcomed the adoption of the Domestic Violence Act 2001 and the Domestic Violence Summary Procedure Rules, as well as of the Child Protection Act of 1998.

The Committee noted with concern that the state of emergency proclaimed in 2004 in Grenada had not been brought to the attention of the Secretary-General of the United Nations. Grenada should provide the Committee with more detailed information on the way it ensured that measures derogating from its obligations under the Covenant did not involve discrimination solely on the ground of race, colour, sex, language, religion and social origin. It should also establish a mechanism by which it informed other States parties to the Covenant, through the intermediary of the Secretary-General, of the rights it had derogated from in time of public emergency. Another concern was the potentially overbroad reach of the definition of terrorism under the Terrorism Act of 2003, which might extend to conduct, which, although unlawful, should not be understood as constituting terrorism. The Committee was also concerned at the seemingly mandatory nature of life imprisonment sentences for those convicted of terrorist acts.

The Committee was concerned that corporal punishment, including flogging and whipping, was still administered in accordance with the Criminal Code, the Prisons Act, and the Education Act of 2002, and that the law provided for the sentencing of women and girls to solitary confinement in lieu of corporal punishment. It was also noted with concern that, despite indications that the convictions of the “Grenada 17” rested on a trial not respecting all the guarantees of the Covenant, 10 of the original “Grenada 17” remain detained, having recently been re-sentenced to 40-year terms, of which they had already served the majority. Grenada should provide without further delay for an independent judicial review of the convictions of the 10 members of the “Grenada 17” still in detention. The Committee was further concerned about information received according to which overcrowding was a serious problem in places of detention in Grenada, and about reported poor conditions of detention, as well as the fact that, under domestic law, reduction of the diet of a detainee for up to three weeks without even medical supervision might be and had been imposed as a punishment for violation of prison regulations. Other concerns included that the Criminal Code penalized same-sex sexual activities between consenting adults and that libel might be pursued in criminal courts.

Members of the 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." The Committee members are: Abdelfattah Amor (Tunisia); Mohammed Ayat (Morocco); Lazhari Bouzid (Algeria); Prafullachandra Natwarlal Bhagwati (India); Christine Chanet (France); Ahmed Amin Fathalla (Egypt); Yuji Iwasawa (Japan); Helen Keller (Switzerland); Rajsoomer Lallah (Mauritius); Zonke Zanele Majodina (South Africa); Iulia Antoanella Motoc (Romania); Michael O'Flaherty (Ireland); José Luis Perez Sanchez-Cerro (Perú); Rafael Rivas Posada (Colombia); Krister Thelin (Sweden); Nigel Rodley (United Kingdom); Fabian Omar Salvioli (Argentina); and Ruth Wedgwood (United States).

The Committee Chairperson is Mr. Yuji Iwasawa.

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