HUMAN RIGHTS COMMITTEE CONCLUDES SEVENTY-SIXTH SESSION

Human Rights Committee
76th session
1 November 2002



Adopts Final Conclusions and Recommendations
on Reports of Egypt and Togo



ROUND-UP MEETINGS COVERAGE - The Human Rights Committee concluded today a three-week session at which it considered and adopted concluding observations and recommendations on the reports submitted to it by Egypt and Togo.
The two 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 149 States parties to the Covenant. During this session, the Committee applied for the first time the new procedure for dealing with non-reporting States when it considered, in a public meeting, the situation of civil and political rights in Suriname without a report and in the presence of a delegation from that State party. It did not issue concluding observations on the situation in Suriname.
Among the Committee's findings on the third and fourth periodic reports of Egypt, the Committee found as positive aspects the initiatives taken by the State party in recent years as regards human rights, in particular the creation of human rights divisions within the ministries of justice and foreign affairs and the introduction of human rights training and awareness programmes in schools and universities for law-enforcers and society at large. It also noted some improvements in the status of women and hailed the creation of the National Council for Women and the introduction of legal reforms. While understanding the security requirements associated with efforts to combat terrorism, the Committee voiced concern at their effects on the human rights situation in Egypt. Among other things, the Committee recommended that the State party ensure that steps taken in the campaign against terrorism were fully in accordance with the Covenant.
And concerning the third periodic report of Togo, the Committee noted with satisfaction the place given by article 50 of the Togolese Constitution to international human rights instruments, particularly to the Covenant, whose provisions were made part of the Constitution. It welcomed the adoption on 17 November 1998 of a law prohibiting the practice of female genital mutilation and the commitment of the State party to continue its efforts in that area. However, it expressed concern about reports regarding a number of extrajudicial executions, arbitrary arrests, threats and intimidations perpetrated by the Togolese security forces against members of the civilian population, particularly the members of the opposition. It urged the State party to adopt legislative measures to prevent and punish the perpetrators of human rights violations; and to carry out appropriate investigations on allegations of human rights violations.
Also in the course of the session, the Committee held a second meeting with representatives of States parties to the International Covenant which focused on the Committee's new procedure for non-reporting States; difficulties encountered by many States parties in meeting their reporting obligations; changes in the working methods of the Committee; and the new procedure for follow-up on concluding observations.
During the session, the Committee also considered communications from individuals submitted to it under the first Optional Protocol to the Covenant. The Protocol, for the 102 States which 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 17 March to 4 April 2003 in Geneva. The Experts are expected to consider reports from Mali, Luxembourg, Estonia and Israel.
Conclusions and Recommendations on Country Reports

EGYPT
In the third and fourth periodic report of Egypt, the Committee found as positive aspects the initiatives taken by the State party in recent years as regards human rights, in particular the creation of human rights divisions within the ministries of justice and foreign affairs and the introduction of human rights training and awareness programmes in schools and universities for law-enforcers and society at large. It also noted some improvements in the status of women and hailed the creation of the National Council for Women and the introduction of legal reforms.
Among its concerns, the Committee regretted the lack of clarity surrounding the question of the legal standing of the Covenant in relation to domestic law and the attendant consequences. While pointing out that the State party considered the provisions of the Islamic Sharia not to be in conflict with the Covenant, the Committee noted the general and ambiguous nature of the declaration made by the State party upon ratifying the Covenant. The Committee was disturbed that the state of emergency proclaimed by Egypt in 1981 was still in effect, meaning that the State party had been in a semi-permanent state of emergency, contrary to article 4 of the Covenant.
While welcoming the steps taken by the authorities in recent years to encourage participation by women in public life, the Committee noted that women were under-represented in most public sectors and the private sector. It noted with concern that women seeking divorce through unilateral repudiation by virtue of Act No. 1 of 2000 should waive their rights to financial support and, in particular, their dowries; and it noted the discriminatory nature of some provisions in the Penal Code, which did not treat men and women equally in matters of adultery.
The Committee noted with concern the very large number of offences which, under Egyptian law, were punishable by death, and recommended that the State party take measures to abolish the death penalty. While noting the creation of institutional machinery and the introduction of measures to punish any violations of human rights by employees of the State, the Committee noted with concern the persistence of torture and cruel, inhuman or degrading treatment at the hands of law-enforcement personnel. It was equally concerned at the general lack of investigations into such practices, punishment of those responsible, and reparation for the victims.
While understanding the security requirements associated with efforts to combat terrorism, the Committee voiced concern at their effects on the human rights situation in Egypt, particularly as regards articles 6, 7, 9 and 14 of the Covenant. Among other things, the Committee noted with alarm that military courts and State security courts had jurisdiction to try civilians accused of terrorism although there were no guarantees of those courts' independence and their decisions were not subject to appeal before a higher court.
The Committee recommended, among other things, that the State party should ensure that its legislation give full effect to the rights recognized in the Covenant; envisage reviewing the necessity of maintaining its state of emergency; step up its efforts to secure greater participation by women at all levels of society and the State; review its legislation so as to eliminate financial discrimination against women; eradicate the practice of female genital mutilation; review the question of the death penalty in light of the provisions of article 6 of the Covenant; ensure that all human rights violations under article 6 of the Covenant were investigated; elaborate on the compatibility of its legislation and practice in matters of detention in custody and pre-trial detention with article 9 of the Covenant; ensure that steps taken in the campaign against terrorism were fully in accordance with the Covenant; ensure that articles 17 and 26 of the Covenant were strictly upheld, and refrained from sanctioning private sexual relations between consenting adults; strengthen human rights education and use education to forestall all displays of intolerance and discrimination based on religion or belief; review its legislation and practice in order to enable non-governmental organizations to undertake their attributions without obstacles; and permit the democratic expression of political pluralism and thus abide by its obligations under the Covenant.

TOGO
Among positive aspects in the third periodic report of Togo, the Committee noted with satisfaction the place given by article 50 of the Togolese Constitution to international human rights instruments, particularly to the Covenant, whose provisions were made part of the Constitution. It welcomed the adoption on 17 November 1998 of a law prohibiting the practice of female genital mutilation and the commitment of the State party to continue its efforts in that area.
The Committee was, however, concerned that the harmonization process of the national laws with the provisions of the Constitution and the international human rights laws were still in stalemate. The propositions made by the Office of the High Commissioner for Human Rights in the course of the 1990s were not given any effect. The Committee was particularly concerned that a number of plans of reform, particularly in child and women's rights, which were announced since many years, had not been realized.
The Committee noted with satisfaction the information provided by the Government delegation on the functioning of and the results obtained by the National Commission for Human Rights. However, it was concerned about reports regarding a number of extrajudicial executions, arbitrary arrests, threats and intimidations perpetrated by the Togolese security forces against members of the civilian population, particularly members of the opposition. Those cases had not been investigated by the State party. The Committee noted that the adoption of laws such as the general amnesty law of December 1994 could strengthen the culture of impunity in Togo.
The Committee said that the International Inquiry Commission, jointly established by United Nations and the Organization of African Unity, had concluded "the existence of a situation of systematic violation of human rights in Togo in the course of 1998". The rejection by the State party of the report of the Commission and the creation of its own national commission, which did not identify the authors of the violations, had prompted the concerns of the Committee.
The Committee expressed its satisfaction that since several years the Government did not execute persons sentenced to capital punishment; however, it was concerned about the insufficiently precise character of the crimes which might incur the death penalty. The Committee was concerned about reports alleging the excessive use of force by security forces against student demonstrations and other similar assemblies organized by the opposition groups. It was also concerned about a number of allegations of the practice of torture in Togo, particularly during arrest and in detention centres.
The Committee noted with concern that detention conditions in Togo were deplorable, particularly in the civilian prisons of Lome and Kara which were characterized by heavy overcrowding and precarious food shortages. It was deeply concerned about continued harassment, intimidation and detention of journalists in 2001 and 2002, and the practice of governmental censorship.
Among its recommendations, the Committee said that the State party should revise its legislation to bring it in line with the provisions of the Covenant. Law-enforcement personnel should be provided training and knowledge on human rights. The Committee urged the State party to adopt legislative measures to prevent and punish the perpetrators of human rights violations. It said that the crimes for which the death penalty was pronounced should be limited; the allegations of excessive use of force should be investigated; information should be provided to the Committee on the situation of detainees in the Landja and Temedja camps; confessions obtained through coercion and torture should be invalidated; individuals arrested arbitrarily should be freed from prisons; alternative means should be developed to avoid prison overcrowding; the Code on the Press and Communications should be reviewed; political parties should have equal access to the public and private media; the right to freedom of peaceful assembly should be respected; any discrimination against women should be prohibited; and a vast programme of human rights education should be put in place.

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 places 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.

States Parties to Covenant
The following 149 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, 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, Tanzania, Trinidad and Tobago, United States of America, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia, and Zimbabwe.

Optional Protocols to Covenant
The 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 it concerns a State party to the Covenant that is not also a party to the Optional Protocol.
The following 102 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, 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, Malawi, Mali, 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, 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, Yugoslavia, 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 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 47 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, Seychelles, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkmenistan, the former Yugoslav Republic of Macedonia, United Kingdom, Uruguay, Venezuela and Yugoslavia.

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); Christine Chanet (France); Maurice Glélé-Ahanhanzo (Benin); Louis Henkin (United States); Eckart Klein (Germany); David Kretzmer (Israel); Rajsoomer Lallah (Mauritius); Cecilia Medina Quiroga (Chile); Rafael Rivas Posada (Colombia); Sir Nigel Rodley (United Kingdom); Martin Scheinin (Finland); Ivan Shearer (Australia); Hipolito Solari-Yrigoyen (Argentine); Ahmed Tawfik Khalil (Egypt); Patrick Vella (Malta); and Maxwell Yalden (Canada).
Mr. Bhagwati is Chairperson of the Committee. Mr. Amor, Mr. Kretzmer and Mr. Solari-Yrigoyen are Vice-Chairpersons and Mr. Klein is the Rapporteur.



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