HUMAN RIGHTS COMMITTEE CONCLUDES SESSION, EXPRESSES VIEWS ON REPORTS OF VENEZUELA, DOMINICAN REPUBLIC, UZBEKISTAN, CROATIA AND SYRIA

Human Rights Committee
Seventy-first Session
6 April 2001
1926th Meeting (AM)




Round-up of Session



The Human Rights Committee this morning concluded its seventy-first session -- held at Headquarters from 19 March to 6 April. During that time it considered the reports of Venezuela, Dominican Republic, Uzbekistan, Croatia and Syria on compliance with the International Covenant on Civil and Political Rights.

The five countries submitted their reports and sent government delegations to appear before the Committee to answer questions relating to their obligations as States parties to the International Covenant on Civil and Political Rights. The Committee, as a monitoring body, periodically examines reports submitted to it by States parties and formulates concluding observations and recommendations.

In its concluding observations on Uzbekistan, the Committee expressed its appreciation for the frankness with which the report acknowledged problems encountered in the implementation of the Covenant. However, the Committee was gravely concerned about allegations of widespread torture by law enforcement officials. The State party should ensure that all such allegations were properly investigated and the persons responsible prosecuted. It should also ensure that all persons deprived of their liberty were treated with humanity and respect for their dignity.

The Committee commended Croatia for the serious attempt it had made to adopt a new rights-based constitution that embodied internationally recognized human rights and to enact a variety of legislation to enhance the protection of such rights. The Committee remained deeply concerned, and urged Croatia to redress the situation, that many cases involving violations of articles 6 and 7 of the Covenant -- on the right to life and on torture, respectively -- committed during the armed conflict in the country, have not yet been adequately investigated. It was also deeply concerned by the heavy backlog of cases awaiting hearing before the Croatian courts, particularly on civil matters.

The Committee stated that there was evidence of developments within Syria that reflected some relaxation of political restraints that had raised serious questions of gross violations of rights protected by the Covenan. It recommended that legislation be reviewed in order to render it compatible with all the Covenant’s provisions. Concerned about the state of emergency in force in Syria since 1963 -- even though according to the State party’s delegation that state of emergency was rarely put into effect –- the Committee recommended that it be formally lifted as soon as possible.

Also during the session, the Committee commemorated the twenty-fifth anniversary of the entry into force of the Covenant. In other business, it considered its draft general comment on article 4 of the Covenant, which pertains to the scope of limitations on human rights during a state of emergency or martial law, and adopted final amendments to its rules of procedure.

During this morning’s meeting, the Committee discussed paragraphs 3, 10, 11, 12 and 13 of its draft general comment. Paragraph 3, 10, 11 and 12 were adopted. Paragraph 13 was adopted pending subsequent consideration of paragraphs 14 through 17.

Prafullachandra Natwarlal Bhagwati of India, Committee Chairman, made a brief closing statement, as did Rajsoomer Lallah of Mauritius.

At the Committee’s next session, to be held from 9 to 27 July in Geneva, the reports of Monaco, Czech Republic, Netherlands, Guatemala and the Democratic People’s Republic of Korea are expected to be considered.

Committee’s Concluding Observations


Uzbekistan

In its concluding observations on Uzbekistan, the Committee expressed its appreciation for the frankness with which the report acknowledged problems encountered in the implementation of Covenant rights and commended the State party for undertaking the process of bringing its legislation into harmony with its international obligations. The Committee, however, deplored the State party’s refusal to reveal the number of persons who have been executed or condemned to death.

The Committee was also gravely concerned about consistent allegations of widespread torture by law enforcement officials. The State party should ensure that all such allegations were properly investigated and the persons responsible prosecuted. Free access to lawyers, doctors and family members should be guaranteed immediately after the arrest and during all stages of detention. The State party must ensure that no one is compelled to testify against himself or herself or to confess guilt. The Committee continued to be concerned about conditions in detention centres and penal institutions, particularly the extremely poor living conditions on death row. The State party should ensure that all persons deprived of their liberty were treated with humanity and respect for their dignity.

The Committee recommended, among other things, that relevant domestic legal provisions as well as the constitution should be amended in order to ensure full independence of the judiciary, and that the necessary legislative measures be adopted to restrict the jurisdiction of the military courts. Deeply concerned by information that more than 1,300 Tajiks had been resettled, the Committee recommended that the State party should immediately stop any further action to expel people from their homes.

The Committee also recommended that measures should be taken to overcome traditional attitudes regarding the role of women in society and to combat violence against women, including marital rape. In its next report, the State party should include more information on the situation of children held in custody and enact a new criminal procedure law to deal specifically with juveniles. The Committee strongly recommended that provisions of the Freedom of Conscience and Religion Organizations Act, requiring religious organization to be registered in order to be entitled to manifest their religion, be abolished.

Croatia

In its concluding observations on Croatia, the Committee commended the State party for the serious attempt it had made to adopt a new rights-based constitution that embodies internationally recognized human rights and to enact a variety of legislation to enhance the protection of such rights. It noted with satisfaction that the last parliamentary and presidential elections were conducted in a manner consistent with the Covenant. It also noted Croatia’s renewed commitment to cooperating with the International Criminal Tribunal for the Former Yugoslavia.

The Committee appreciated that under the Croatian Constitution, international treaties had status with legal force superior to domestic legislation and that most Covenant rights had also been specifically incorporated. However, the judiciary was not generally trained in international human rights law, and Croatia should remedy that. The Committee was also concerned that article 17 of the Constitution, dealing with a state of emergency, was not entirely compatible with the requirements of article 4 of the Covenant, in that the constitutional grounds justifying a derogation are broader than the “threat to life of the nation” mentioned in article 4 -- that issue should also be addressed.

While welcoming the establishment of specialized departments for the investigation of war crimes in the Ministry of the Interior, the Committee remained deeply concerned that many cases involving violations of articles 6 and 7 of the Covenant -– on the right to life and on torture, respectively -– committed during the armed conflict, had not yet been adequately investigated, and urged Croatia to remedy that situation. It was also deeply concerned by the heavy backlog of cases awaiting hearing before the Croatian courts, particularly in civil matters, and in that regard urged Croatia to accelerate reform of the judicial system.

The Committee recognized that there had been some progress in achieving equality for women in political and public life, but remained concerned that the representation of women in Parliament and in senior official positions, including in the judiciary, remained low. The Committee accordingly recommended that Croatia make every effort to improve women’s representation in the public and private sectors. Expressing concern about the rights of members of ethnic, religious and linguistic minorities, the Committee recommended that Croatia take measures to ensure protection against discrimination.


Syria

The Committee noted that the second periodic report of Syria had been due in 1984, but that there was evidence of developments within the State party that reflected some relaxation of political restraints that had raised serious questions of gross violations of rights protected by the Covenant. It recommended that legislation be reviewed in order to render it compatible with all the provisions of the Covenant.

Concerned about the state of emergency in force since 1963, even though that state of emergency was rarely put into effect according to the State party’s delegation, the Committee nevertheless recommended that it be lifted formally as soon as possible. It also recommended that appropriate steps be taken to bring the state of emergency legislation fully into line with the requirements of article 4 of the Covenant.

The Committee recommended that the State party should reduce the number of offences punishable by the death penalty and that an independent commission of inquiry be established on allegations of extrajudicial executions and disappearances of Syrian and Lebanese nationals transferred to Syria. The State party should also take the necessary measures to arrange for the monitoring of respect for human rights in its territory by an independent agency. It should ensure that complaints of torture and other abuses committed by agents of the State were considered by an independent body as well, and take steps to improve prison conditions. The State party must also ensure that anyone arrested or detained on a criminal charge was brought promptly before a judge.

The Committee noted that problems remained with respect to gender equality and urgently called upon the State party to take all necessary measures to make its legislation in that regard consistent with the Covenant. It recommended that human rights defenders and journalists be protected against any restriction on their activities and that legislation regarding limitations of expression of opinion and opposition to the “aims of the revolution” be revised. The Committee requested additional information on the conditions for authorizing public assemblies. The State party should ensure that the proposed law on political parties was compatible with the provisions of the Covenant. The State party should also take urgent steps to find a solution to the statelessness of numerous Kurds in Syria.

General Comment on Article 4

Also during the session, the Committee continued elaborating its general comment on article 4 of the Covenant. Article 4 is of paramount importance for the protection of human rights under the instrument. On the one hand, it allows for a State party unilaterally to derogate from a part of its obligations under the Covenant. On the other hand, article 4 subjects both this very measure of derogation, as well as its material consequences, to a specific regime of safeguards.

According to article 4, in times of public emergency threatening the life of a nation, States parties to the Covenant may take measures derogating from their obligations under the instrument to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. Under the provisions of article 4, however, there cannot be any derogation from
articles 6 (right to life), 7 (prohibition of torture and inhuman cruel treatment), 8 (slavery, servitude and forced labour), 11 (prohibition of detention for non-performance of a contractual obligation), 15 (prohibition of retroactive criminal laws), 16 (recognition of legal personality) and 18 (freedom of religion and belief).

General Comments are recommendations made by the Committee on various articles of the Covenant. Through their adoption, the Committee reiterates its desire to assist States parties in fulfilling their reporting obligations. The Comments draw attention to some aspects of the treaty, but do not purport to be limitative or to attribute any priority to different aspects of the Covenant.


Background on Covenant

The International Covenant on Civil and Political Rights, its corresponding Optional Protocol and the International Covenant on Economic, Social and Cultural Rights were adopted by the General Assembly on 16 December 1966 and opened for signature. They came into force on 23 March 1976.

The Covenant on Civil and Political Rights begins by stating that all peoples have the right to 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 reason 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 lawfully present in the territory of a State party. In addition, the right to freedom of thought, conscience and religion and freedom of expression are recognized by the Covenant, which also prohibits any propaganda for war or any advocacy of national, racial and religious hatred. There are 147 States party to the Covenant, and China, Guinea-Bissau, Lao People’s Democratic Republic, Liberia, Sao Tome and Principe and Turkey are signatories of the Covenant.


First Optional Protocol to Covenant

The First Optional Protocol provides for the confidential consideration of communications from individuals who claim to be victims of a violation of any of the 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. There are 98 States party to the First Optional Protocol, and the Federal Republic of Yugoslavia, Guinea-Bissau, Honduras and Sao Tome and Principe are signatories of the Optional Protocol.

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, 47 States have made the declaration under article 41.

Second Optional Protocol to Covenant

The Second Optional Protocol to the Covenant, which aims at the abolition of the death penalty, was adopted by the General Assembly on 15 December 1989 and entered into force on 11 July 1991. There are 45 States party to the Second Optional Protocol, and Guinea-Bissau, Honduras, Lithuania, Nicaragua, Poland and Sao Tome and Principe are also signatories of the Protocol.


Committee

The Human Rights Committee was established to monitor the implementation of the Covenant and its related Protocols in the territory of the States parties. Its 18 members -- independent experts -- are persons of high moral character and recognized competence in the field of human rights and serve for a period of four years. The Committee meets three times a year for three-week sessions, which are normally held in March at Headquarters in New York, and in July and November at the United Nations Office in Geneva.

The Committee is empowered to consider reports on measures adopted and progress made in achieving the observance of the rights enshrined in the Covenant. In addition, under the First Optional Protocol to the Covenant, a number of States have recognized the competence of the Committee to consider communications from individuals regarding alleged violations of human rights.

Under the First Optional Protocol to the Covenant, the Committee also considered communications from individuals claiming to be victims of violations of any of the rights proclaimed in the Covenant. In accordance with the provisions of the Protocol and the Committee's rules of procedure, all such communications are considered in closed meetings.

The Committee's 18 expert members are: Abdelfattah Amor, of Tunisia; Nisuke Ando, of Japan; Prafullachandra Natwarlal Bhagwati, of India (Chairperson of the Committee); Christine Chanet, of France; Maurice Glele Ahanhanzo, of Benin; Louis Henkin, of the United States; Eckart Klein, of Germany (Rapporteur); David Kretzmer, of Israel (Vice-Chairman); Rajsoomer Lallah, of Mauritius; Cecilia Medina Quiroga, of Chile; Rafael Rivas Posada, of Colombia; Nigel Rodley, of the United Kingdom; Martin Scheinin, of Finland; Ivan Shearer, of Australia; Hipolito Solari Yrigoyen, of Argentina (Vice-Chairman); Ahmed Gwafik Khalil, of Egypt; Patrick Vella, of Malta; and Abdallah Zahkia, of Lebanon.

For further background, see Press Release HR/CT/590 of 19 March.


[Note: at the time of issuance of the current press release, the Committee’s concluding observations on Venezuela and the Dominican Republic were not available in English.]



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