HUMAN RIGHTS COMMITTEE CONCLUDES SEVENTY-SEVENTH SESSION

4 April 2003



ROUND-UP



Adopts Final Conclusions and Recommendations
on Reports of Estonia, Luxembourg and Mali



The Human Rights Committee concluded today a three-week session at which it considered and adopted concluding observations and recommendations on the reports submitted by Estonia, Luxembourg and Mali.
The three countries sent Government delegations to answer questions raised by Committee Experts in keeping with their obligations as States parties to the International Covenant on Civil and Political Rights. There are 150 States parties to the Covenant.
Among its findings on the second periodic report of Estonia, the Committee welcomed the creation of the office of the Legal Chancellor and the addition of Ombudsman functions to its responsibilities, as well as measures and legislation adopted to improve the status of women in Estonian society and to prevent gender discrimination. The Committee remained concerned that acts of ill-treatment or other forms of violence perpetrated or condoned by law enforcement officials were not prosecuted on the basis of the most appropriate criminal charges but only as minor offenses. Furthermore, the Committee recommended that Estonia should ensure that measures depriving an individual of his or her liberty, including for reasons of mental health, complied with article 9 of the Covenant, and seek to reduce the number of stateless persons, with priority for children.
With regard to the third periodic report of Luxembourg, the Committee welcomed the institutional reforms undertaken within the State's penitentiary system in order to prevent cases of suicide and took note of legislative initiatives designed to provide better protection for the victims of trafficking in persons for the purpose of forced prostitution. It was concerned by the six-month maximum duration for which detainees could be held in solitary confinement. The Committee also said that Luxembourg should ensure that all religious communities were treated without discrimination, and to this end, that its criteria for financial support of religious communities be revised to ensure its compatibility with the Covenant.
With regard to the second periodic report of Mali, the Committee saluted the democratic transition undergone by Mali in the early 1990s and noted with satisfaction efforts undertaken to ensure better respect for human rights and the rule of law through extensive programmes of legislative reform. Recommending that Mali take appropriate steps to allow the National Advisory Commission on Human Rights to function, the Committee expressed the gravest concern over the existence of laws, which discriminated against women, particularly in matters of marriage, divorce, inheritance and land ownership. Moreover, in view of the allegations received concerning practices of torture and extrajudicial executions committed by soldiers in 2000, Mali should take steps to ensure that a culture of impunity did not develop. Systematic investigations should be carried out where State agents were alleged to have threatened the rights to life and physical integrity of individuals.
In the course of the current session, the Committee also completed its first reading of a draft General Comment on article 2 of the International Covenant on Civil and Political Rights. The draft was adopted in its first reading. Additionally, the Committee was briefed by Curtis Ward, Legal Expert of the Security Council's Counter-Terrorism Committee (CTC), who said the CTC, recognizant of the human rights concerns that could arise, had encouraged the Office of the High Commissioner for Human Rights and other United Nations human rights bodies to take responsibility for human rights concerns within their own mandates, and to be open and precise about their concerns.
The Committee also considered communications from individuals submitted to it under the first Optional Protocol to the Covenant. The Protocol, for the 103 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 July to 8 August 2003 in Geneva. The Experts are expected to consider reports from Israel, Portugal, Slovakia, Russian Federation and El Salvador. The seventy-eighth session will be extended by one week so that the Committee can address its backlog of pending communications.

Conclusions and Recommendations on Country Reports
In regard of the second periodic report of Estonia, the Committee expressed its satisfaction over several new legislative developments in the implementation of the Covenant, which had taken place since the submission of Estonia's initial report. The creation of the office of the Legal Chancellor and the addition of Ombudsman functions to its responsibilities were welcomed, as were measures and legislation adopted to improve the status of women in Estonian society and to prevent gender discrimination. Of particular note were article 5 of the "Wages Act", which prohibited the establishment of different wage conditions on the basis of gender and articles 120 to 122 and article 141 of the new Penal Code, which made domestic violence and marital rape specific criminal offences. The Committee also welcomed the delegation's affirmation that the problem of prison overcrowding was being resolved, among others, through alternative forms of punishment and the opening of a new prison in Tartu.
Expressing concern over the relatively broad definition of the crime of terrorism and of membership in a terrorist group under Estonia's new Criminal Code, the Committee requested Estonia to ensure that counter-terrorism measures, whether taken in connection with Security Council resolution 1373 (2001) or otherwise, were in full conformity with the Covenant.
While welcoming additional explanations of the delegation on a case of alleged ill-treatment committed by police officers, the Committee remained concerned that acts of ill-treatment or other forms of violence perpetrated or condoned by law enforcement officials were not prosecuted on the basis of the most appropriate criminal charges but only as minor offenses. The State party should ensure that law enforcement officials were effectively prosecuted for acts contrary to article 7 of the Covenant and that the charges corresponded to the seriousness of the acts committed. It also recommended that Estonia guarantee the independence from police authorities of the newly created "police control department" responsible for carrying out investigations of abuses committed by the police.
Taking note of the delegation's acknowledgement that legislation on the detention of mental health patients was outdated and that steps had been taken to revise it, the Committee said that Estonia should ensure that measures depriving an individual of his or her liberty, including for reasons of mental health, complied with article 9 of the Covenant. The State party was invited to furnish additional information on the ability of persons detained for mental health reasons to initiate proceedings to review the lawfulness of their detention and to bring relevant legislation into conformity with the Covenant.
Regretting that the concerns of its previous concluding observations had not been met and remaining deeply concerned by the high number of stateless persons in Estonia, the Committee said Estonia should seek to reduce the number of stateless persons, with priority for children. Inviting Estonia to reconsider its position as to the accessibility of Estonian citizenship to persons who had taken the citizenship of another country during the period of transition and to stateless persons, the Committee said that due consideration should also be given to the possibility for non-citizens to become members of political parties.
The Committed reminded Estonia of its obligations to ensure that the detention of alleged deserters from the armed forces was in conformity with articles 9 and 10 of the Covenant and that conscientious objectors could opt for alternative service, the duration of which was without punitive effect. It also reminded Estonia that applications for refugee status should always be assessed on an individual basis and that a decision declaring an application inadmissible should not have restrictive procedural effects.
The Committee also invited the State party to revise its outdated legislation to ensure that the use of firearms was restricted by the principles of necessity and proportionality reflected in articles 9 and 16 of the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, to ensure that minorities were able to enjoy their own culture and to use their own language and that legislation related to the use of languages did not lead to discrimination contrary to article 26 of the Covenant and to furnish detailed information on the number nature and outcome, as well as concrete examples, of individual cases submitted to the Office of the Legal Chancellor and other bodies dealing with individual complaints.
With regard to the third periodic report of Luxembourg, the Committee took note of the Government delegation's affirmation that the International Covenant on Civil and Political Rights took superiority over domestic law, including the Constitution. Welcoming the institutional reforms undertaken within the State's penitentiary system in order to prevent cases of suicide, the Committee also took note of the legislative initiatives undertaken by Luxembourg, which aimed to provide better protection for the victims of trafficking in persons for the purpose of forced prostitution, as well as for witnesses during legal proceedings; to combat domestic violence; and to reform the law of the press so that it better incorporated the principle of proportionality. The Committee also noted Luxembourg's willingness not just to enact relevant legislation but also to raise awareness, particularly among victims, of existing protection mechanisms.
Concerned by the six-month maximum duration for which detainees could be held in solitary confinement and by the terms under which the treatment could be applied, as well as the capacity for holding detainees incommunicado, the Committee said the State party should ensure that such practices were brought into conformity with the provisions of articles 7, 9 and 10 of the Covenant. The State party should also adopt legislation regulating and limiting the practice of holding detainees incommunicado, with the objective of suppressing its use, particularly in cases of pretrial detention. Moreover, the Committee was concerned that the systematic deprivation of the right to vote for a large number of crimes constituted additional punishment; Luxembourg should undertake to bring its legislation into conformity with the Committee's General Comment on article 25 of the Covenant.
With regard to the financial support of religious communities, the Committee said that Luxembourg should ensure that all religious communities were treated without discrimination, and to this end, its criteria for financial support should be revised to ensure its compatibility with the Covenant.
Furthermore, recommending that Luxembourg reexamine its reservations to the Covenant with a view to ensuring their withdrawal, as soon as possible, given their almost theoretical implications, the Committee regretted the lack of detailed information provided on gender equality within both the public and private sectors and asked the State party to include an in-depth analysis of this issue in its next report. Luxembourg should also abolish the obsolete distinction made in its Civil Code between "legitimate" and "natural" children.
With regard to the second periodic report of Mali, the Committee saluted the democratic transition undergone by Mali in the early 1990s and noted with satisfaction efforts undertaken to ensure better respect for human rights and the rule of law through extensive programmes of legislative reform, the resolution of the conflict in the north and the establishment of the position of Mediator. These efforts had been accomplished in spite of the meager resources at Mali's disposal. Also welcomed were the moratorium on capital punishment and the trend towards the abolition of the death penalty, as well as the measures adopted in view of combating the trafficking of Malian children in other countries.
Regretting the lack of information provided on specific cases in which the Covenant had been invoked above national legislation, the Committee said that Mali should ensure the training of judges, lawyers and other judicial authorities on the provisions of the Covenant, as well as other international human rights instruments that had been ratified by Mali. Desiring that fuller information on the effective recourses available in instances of the violation of the Covenant's provisions and examples of cases in which Mali's courts and tribunals had referenced the Covenant be communicated to it, the Committee said that Mali should also take appropriate steps to allow the National Advisory Commission on Human Rights to function, in conformity with the principles related to the status of national institutions for the promotion and protection of human rights. Moreover, the Committee requested more detailed information on the status of the peace process between the Government of Mali and rebel movements in the north of the country, in particular on the repatriation of refugees, the economic and social development of the north, the effects of Mali's policy of decentralization and the situation of human rights in the region.
Expressing the gravest concern over the existence of laws, which discriminated against women, particularly in matters of marriage, divorce, inheritance and land ownership, the Committee also noted with concern that the reform of Mali's Family Code, begun in 1998, remained unachieved. In this regard, the Committee drew Mali's attention to its General Comment on article 28, concerning gender equality, particularly in regard to the practice of polygamy, which was harmful to the dignity of women and constituted an inadmissible discrimination; the Committee called upon Mali to abolish the practice of polygamy.
Also calling upon Mali to make the minimum legal age of marriage for both girls and boys the same, the Committee recommended the installation of a system of inheritance which did not discriminate against women, and which provided for the equal inheritance of property. Moreover, the State should definitively abolish the practice of "lévirat" (the marrying of a widow by her brother-in-law), implement appropriate sanctions against those practicing the custom and adopt measures to protect and support women in this regard, particularly widows.
The Committee also expressed its preoccupation with the large proportion of Malian women who were subjected to female genital mutilation and said that the State should forbid and punish the practice of genital mutilations in order to send a clear and strong signal to those involved in such practices. Inviting Mali to report back on the difficulties encountered, efforts undertaken and results obtained in this regard its next report, the Committee said Mali should also adopt legislation specifically forbidding and sanctioning domestic violence; it should also reinforce its promotion women in the contexts of political participation and access to education and employment.
Furthermore, the Committee remained equally concerned by the high toll of maternal and infant mortality and recommended that the State should increase access to health care services, particularly emergency obstetrical care, and ensure the adequate training of healthcare workers. It should also increase access to family planning services and sex education.
In view of the allegations received concerning practices of torture and extrajudicial executions committed by soldiers in 2000, Mali should take steps to ensure that a culture of impunity did not develop. Systematic investigations should be carried out where State agents were alleged to have threatened the rights to life and physical integrity of individuals.
The Committee also remained concerned by: enduring practices of slavery; the trafficking of Malian children to other countries of the region – particularly Côte d'Ivoire – and their submission to practices of slavery and forced labor; the situation of migrant girls and the exploitation to which they were subject; and the difficult situation faced by some 6,000 Mauritanian refugees who had lived in the Kayes region of Mali for more than a decade.

Background on the 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 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 place limitations upon the expulsion of aliens present lawfully in the territory of a State party. In addition, the right to freedom of thought, conscience, 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.

State Parties to the Covenant
The following 150 States have ratified or acceded to the Covenant: Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Burkina Faso, 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, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Iraq, Islamic Republic of Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, 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, Serbia and Montenegro, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, United States of America, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zambia, and Zimbabwe.

Optional Protocols to the 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 is concerns a State party to the Covenant that is not also a party to the Optional Protocol.
The following 103 States are parties to the Optional Protocol: Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Democratic Republic of the Congo, Denmark, Djibouti, Dominican Republic, Ecuador, El Salvador, Equatorial Guinea, Estonia, Finland, France, Gambia, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Hungary, Iceland, Ireland, Italy, Kyrgyzstan, Latvia, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Mali, Malawi, Malta, Mauritius, Mexico, 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, Serbia and Montenegro, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia, Spain, Sri Lanka, Suriname, Sweden, Tajikistan, the former Yugoslav Republic of Macedonia, Togo, 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, 47 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, Liechtenstein, Luxembourg, Malta, Netherlands, New Zealand, Norway, Peru, Philippines, Poland, Republic of Korea, Russian Federation, Senegal, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Tunisia, Ukraine, United Kingdom, United States of America 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 15 December 1989 and entered into force on 11 July 1991. The following 48 States have ratified or acceded to the Second Optional Protocol: Australia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Cape Verde, Colombia, Costa Rica, Croatia, Cyprus, Denmark, Ecuador, Finland, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Norway, Panama, Portugal, Romania, Serbia and Montenegro, Seychelles, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Turkmenistan, United Kingdom, 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: Abdelfattah Amor (Tunisia); Nisuke Ando (Japan); Prafullachandra Natwarlal Bhagwati (India); Alfredo Catillero Hoyos (Panama); Christine Chanet (France); Franco Depasquale (Malta); Maurice Glele 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 is Chairperson of the Committee. Mr. Rivas Posada, Sir Nigel Rodley and Mr. Roman Wieruszewski are Vice-Chairpersons and Mr. Shearer is the Rapporteur.



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