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HUMAN RIGHTS COMMITTEE CONCLUDES REVIEW OF ARMENIA'S REPORT ON COMPLIANCE WITH INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
26 October 1998
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AFTERNOON
HR/CT/98/36
26 October 1998
The Human Rights Committee this afternoon concluded its consideration of a report on the implementation of the provisions of the International Covenant on Civil and Political Rights in Armenia.
The Chairperson of the Committee, Christine Chanet, offered preliminary observations at the end of the one-day dialogue with officials from the Armenian Government. She said the inconsistency of national law with the provisions of the Covenant was a source of legal insecurity, and stressed that the Government was responsible for the implementation of the equal status of men and women in the whole territory.
The Armenian delegation defended the Government's report on the status of civil and political rights in the country.
The Committee will offer its final and written observations and recommendations on the report towards the end of its three-week session, which concludes on 6 November.
Armenia is one of 140 States parties to the Covenant and must submit periodic reports to the Committee on its measures to implement the provisions of the treaty.
When the Committee reconvenes at 10 am. on Tuesday, 27 October, it will taken up the report of the Libyan Arab Jamahiriya.
Discussion of Armenian Report
In response to questions put by Committee members during the morning meeting, the delegation said that although the Armenian society had deep Christian traditions, that did not mean that it was intolerant towards the co-existence of other religions. Religious organizations were given the right, upon due registration of their statutes with the Government, to obtain the status of a legal entity, thus becoming able to own property, open religious schools, and engage in publishing and charitable activities. The Government, through the means of registration, intended to protect the weak and the economically vulnerable segment of the society from becoming easy prey of religious sects.
Only judges could decide whether a detainee should be held in isolation or not, the delegation said. Detainees had the right to have direct contacts with their lawyers. Any complaints of human rights violations could be addressed to courts. In addition, opposition newspapers could write about any complaints of maltreatment of citizens by authorities.
In response to a question on the appointment of judges, the delegation said that judges were elected for four years and were well paid to encourage them to perform their duties properly. The time to appoint judges for life had not yet come because legal and technical aspects had to be addressed first.
The Committee of Soldiers' Mothers played an important role in addressing complaints within military garrisons and barracks, the delegation said, adding that the members of the Committee could freely move into military camps to investigate and obtain information concerning complaints of mistreatment of recruits. The Committee could send reports to the National Human Rights Commission, which in turn submitted those complaints to the President of the Republic. The experience of the Committee on Soldiers' Mothers had prompted the Government to set up an Ombudsman’s office for the army.
The Armenian Government was of the view that prostitution was not a massive problem that affected its society, the delegation said. However, as a modern phenomenon which affected most societies, the Government was combatting the spread of prostitution.
With regards to the place of women in the Armenian society, the delegation said that they occupied higher posts. Some 42 percent of the diplomatic corps were women. Women enjoyed equal treatment and guarantees bestowed by the Constitution except in some professions where they were "naturally discriminated" against.
Historically, Nagorny-Karabakh had formed an integral part of the Armenian State for thousands of years, the delegation said. Nevertheless, in the present situation, Armenia was not entitled to monitor the implementation of the international human rights instruments in that region. It was therefore preferable that international non-governmental organizations maintain their presence in Nagorny-Karabakh to monitor the promotion and protection of human rights.
A question was asked about whether or not people were aware of their rights, to which the delegation said that the Covenant was already published in the Russian language which 99 per cent of the Armenian population understood. The Government of Armenia attached great importance in the dissemination of the provisions of the Covenant. In addition, people were made aware of their constitutional rights through the mass media and other means.
Additional queries were raised by Committee members on such topics as punishability of homosexual consent as in the Soviet era; imprisonment of members of the Gehova Witness religious community; the "natural discrimination" of women; the functioning and the status of the 1991 press law vis-à-vis the absolute freedom of the press; educational programmes in minority languages; the privatization process; and exploitation of street children, among other things.
In response to additional oral questions from the experts, the delegation said that the majority of the seats in Parliament were occupied by men. In 1980 the number of women deputies was 121 while for men it was 219. However, in 1996, there were only 12 women deputies and 190 men in Parliament. Nevertheless, there were no legal restrictions as to the participation of women in the country's political life.
Concerning conscientious objectors, the delegation said that some persons joined religious sects in order to avoid military services. However, as long as they were found on Armenian territory, they had to fulfil their obligations.
Regarding the privatization process, the delegation said that the objective of transforming the society into a market economy was given momentum through the sale of State companies to individuals. The Government was also encouraging investors to buy enterprises previously run by the State.
The delegation said there were no restrictions on the freedom of the press. Private publishers had been engaged in addressing public opinion without any problems. Private media enterprises were flourishing and developing better than those held by the State.
Armenians living in Azerbaijan were forced to leave the country while Azerbaijanis in Armenia continued to enjoy their living conditions in Armenia, the delegation said.
Preliminary Observations and Recommendations
In preliminary observations and recommendations, Committee Chairperson Christine Chanet said that this century had been traumatic for Armenians, first with the genocide and then with the 1988 earth quake that devastated the country. Then the serious transformation had started seven years ago.
There were still some traces of the Soviet era regime which could be eliminated from legislation like the notion of State secrecy and the elimination of the death penalty. However some progress had been made, even if just in the fledgling state.
The inconsistency of national law with the provisions of the Covenant and the fact that the treaty had not been incorporated into legislation was a source of legal insecurity, the Chairperson said.
It seemed that discrimination against women was taken lightly on the grounds that their place was in the house. The Government was responsible for the implementation of the equal status of men and women in the whole territory, Ms. Chanet said.
The respect for the right to freedom of religion was a major problem in Armenia, the Chairperson said. Another aspect of that was violence and torture. There was a lack of proportion between the acts of violence carried out in penitentiary institutions, and the number of policemen who had been punished. Finally, some measures by the Government concerning the freedom of the press had demonstrated that there were misunderstandings of the provisions of the Covenant, Ms. Chanet said.
HR/CT/98/36
26 October 1998
The Human Rights Committee this afternoon concluded its consideration of a report on the implementation of the provisions of the International Covenant on Civil and Political Rights in Armenia.
The Chairperson of the Committee, Christine Chanet, offered preliminary observations at the end of the one-day dialogue with officials from the Armenian Government. She said the inconsistency of national law with the provisions of the Covenant was a source of legal insecurity, and stressed that the Government was responsible for the implementation of the equal status of men and women in the whole territory.
The Armenian delegation defended the Government's report on the status of civil and political rights in the country.
The Committee will offer its final and written observations and recommendations on the report towards the end of its three-week session, which concludes on 6 November.
Armenia is one of 140 States parties to the Covenant and must submit periodic reports to the Committee on its measures to implement the provisions of the treaty.
When the Committee reconvenes at 10 am. on Tuesday, 27 October, it will taken up the report of the Libyan Arab Jamahiriya.
Discussion of Armenian Report
In response to questions put by Committee members during the morning meeting, the delegation said that although the Armenian society had deep Christian traditions, that did not mean that it was intolerant towards the co-existence of other religions. Religious organizations were given the right, upon due registration of their statutes with the Government, to obtain the status of a legal entity, thus becoming able to own property, open religious schools, and engage in publishing and charitable activities. The Government, through the means of registration, intended to protect the weak and the economically vulnerable segment of the society from becoming easy prey of religious sects.
Only judges could decide whether a detainee should be held in isolation or not, the delegation said. Detainees had the right to have direct contacts with their lawyers. Any complaints of human rights violations could be addressed to courts. In addition, opposition newspapers could write about any complaints of maltreatment of citizens by authorities.
In response to a question on the appointment of judges, the delegation said that judges were elected for four years and were well paid to encourage them to perform their duties properly. The time to appoint judges for life had not yet come because legal and technical aspects had to be addressed first.
The Committee of Soldiers' Mothers played an important role in addressing complaints within military garrisons and barracks, the delegation said, adding that the members of the Committee could freely move into military camps to investigate and obtain information concerning complaints of mistreatment of recruits. The Committee could send reports to the National Human Rights Commission, which in turn submitted those complaints to the President of the Republic. The experience of the Committee on Soldiers' Mothers had prompted the Government to set up an Ombudsman’s office for the army.
The Armenian Government was of the view that prostitution was not a massive problem that affected its society, the delegation said. However, as a modern phenomenon which affected most societies, the Government was combatting the spread of prostitution.
With regards to the place of women in the Armenian society, the delegation said that they occupied higher posts. Some 42 percent of the diplomatic corps were women. Women enjoyed equal treatment and guarantees bestowed by the Constitution except in some professions where they were "naturally discriminated" against.
Historically, Nagorny-Karabakh had formed an integral part of the Armenian State for thousands of years, the delegation said. Nevertheless, in the present situation, Armenia was not entitled to monitor the implementation of the international human rights instruments in that region. It was therefore preferable that international non-governmental organizations maintain their presence in Nagorny-Karabakh to monitor the promotion and protection of human rights.
A question was asked about whether or not people were aware of their rights, to which the delegation said that the Covenant was already published in the Russian language which 99 per cent of the Armenian population understood. The Government of Armenia attached great importance in the dissemination of the provisions of the Covenant. In addition, people were made aware of their constitutional rights through the mass media and other means.
Additional queries were raised by Committee members on such topics as punishability of homosexual consent as in the Soviet era; imprisonment of members of the Gehova Witness religious community; the "natural discrimination" of women; the functioning and the status of the 1991 press law vis-à-vis the absolute freedom of the press; educational programmes in minority languages; the privatization process; and exploitation of street children, among other things.
In response to additional oral questions from the experts, the delegation said that the majority of the seats in Parliament were occupied by men. In 1980 the number of women deputies was 121 while for men it was 219. However, in 1996, there were only 12 women deputies and 190 men in Parliament. Nevertheless, there were no legal restrictions as to the participation of women in the country's political life.
Concerning conscientious objectors, the delegation said that some persons joined religious sects in order to avoid military services. However, as long as they were found on Armenian territory, they had to fulfil their obligations.
Regarding the privatization process, the delegation said that the objective of transforming the society into a market economy was given momentum through the sale of State companies to individuals. The Government was also encouraging investors to buy enterprises previously run by the State.
The delegation said there were no restrictions on the freedom of the press. Private publishers had been engaged in addressing public opinion without any problems. Private media enterprises were flourishing and developing better than those held by the State.
Armenians living in Azerbaijan were forced to leave the country while Azerbaijanis in Armenia continued to enjoy their living conditions in Armenia, the delegation said.
Preliminary Observations and Recommendations
In preliminary observations and recommendations, Committee Chairperson Christine Chanet said that this century had been traumatic for Armenians, first with the genocide and then with the 1988 earth quake that devastated the country. Then the serious transformation had started seven years ago.
There were still some traces of the Soviet era regime which could be eliminated from legislation like the notion of State secrecy and the elimination of the death penalty. However some progress had been made, even if just in the fledgling state.
The inconsistency of national law with the provisions of the Covenant and the fact that the treaty had not been incorporated into legislation was a source of legal insecurity, the Chairperson said.
It seemed that discrimination against women was taken lightly on the grounds that their place was in the house. The Government was responsible for the implementation of the equal status of men and women in the whole territory, Ms. Chanet said.
The respect for the right to freedom of religion was a major problem in Armenia, the Chairperson said. Another aspect of that was violence and torture. There was a lack of proportion between the acts of violence carried out in penitentiary institutions, and the number of policemen who had been punished. Finally, some measures by the Government concerning the freedom of the press had demonstrated that there were misunderstandings of the provisions of the Covenant, Ms. Chanet said.