HUMAN RIGHTS COMMITTEE CONCLUDES SIXTY-SIXTH SESSION

ROUNDUP
HR/CT/99/28
30 July 1999



Issues Recommendations on Reports of Cambodia, Mexico,
Poland and Romania


The Human Rights Committee concluded this morning its sixty-sixth session by issuing final observations and recommendations on reports submitted by Cambodia, Mexico, Poland and Romania.

Along with their reports, the four countries sent Government delegations to appear before the Committee to answer questions on national efforts to implement the International Covenant on Civil and Political Rights. There are 154 States parties to the treaty, which took effect in 1976. Submission of periodic reports to the Committee are among the obligations of States parties.

Among its observations on an initial report of Cambodia, the Committee expressed concern that Khmer Rouge leaders had not yet been brought to trial -- it said the Government should take steps without delay to ensure that alleged Khmer Rouge perpetrators of gross human-rights violations and crimes against humanity were brought before properly constituted independent courts and tried in accordance with accepted international standards.

The Committee, among other things, expressed concern that acts of torture, enforced disappearances and extrajudicial executions in Mexico had not been investigated; that the persons responsible for those acts had not been brought to justice; and that the victims or their families had not received compensation. The panel also said it was concerned by increased use of the armed forces within Mexican society, particularly in the states of Chiapas, Guerrero and Oaxaca, where they had carried out the activities of police forces.


On the report of Poland, the Committee, among other things, cited concern over strict laws on abortion which had led to a high number of clandestine abortions with their attendant risks to the lives and health of women; lamented limited accessibility of women to contraceptives due to high prices and restricted access to suitable prescriptions; opposed the elimination of sex education from the school curriculum; and criticized the insufficiency of public family-planning programmes.

Following review of the report of Romania, the Committee recommended, among other things, that the Government take all necessary measures to protect and rehabilitate street children and abandoned children; and that it pursue further measures, both legislatively and in practice, to ensure the rights of Roma in public and private life, particularly with respect to access to education and protection of the Roma language.

During its three-week session, the Committee also considered complaints from individuals submitted to it under the first Optional Protocol to the Covenant. The Protocol, for States which have ratified it, allows review of complaints alleging violations of the terms of the International Covenant. Ninety-two States have ratified the Protocol. Committee discussion of individual complaints is carried out in private. The panel's conclusions will be released later.

In addition, the Committee adopted a general comment on the right to liberty of movement and freedom to choose one's residence within a State's territory, thus elaborating on article 12 of the International Covenant. The comment reviews, among other things an individual's freedom to leave any country, including one's own. General comments are intended to assist States parties in their implementation of the Covenant.

The next session of the Committee is scheduled for 18 October to 5 November 1999 in Geneva. At its meetings then the panel is expected to discuss reports from the Republic of Korea, Norway, Cameroon and Morocco, as well as Hong Kong and Macao.

Conclusions and recommendations on country reports

Among positive aspects of the report of Cambodia, the Committee welcomed the fact that the State party had begun the process of reforming and training the judiciary, which had been destroyed during the period of Khmer Rouge rule. The Committee recognized that Cambodia had undergone a long period of conflict and violence which had resulted in the killing of a high proportion of its population, the forced exile of many others, the destruction of the main institutions of the State, including the judiciary, and the undermining of its economic and social life. There remained an unacceptable level of violence and too-frequent use of weapons in society, the Committee said.

The Committee was concerned that Khmer Rouge leaders had not yet been brought to trial. It said the Government should take steps without delay to ensure that alleged perpetrators of gross human-rights violations and crimes against humanity during the Khmer Rouge period were brought to trial before properly constituted independent courts and in accordance with generally accepted international standards.

The Committee also said it was concerned that the justice system remained weak following the killing or expulsion during the civil war of professionally trained lawyers; it said there was a lack of training and resources for developing a new judiciary and that the judiciary was susceptible to bribery and political pressure. The panel said it was seriously concerned that Cambodia had not yet established an independent and legally constituted body with power to oversee and report on the implementation of human-rights obligations. It also cited alarm at reports of killings by the security forces, disappearances and deaths in custody, and at the failure of the State party to investigate fully all such allegations and to bring those accused of them to justice. It was further worried at the lack of action in regard to many deaths and disappearances that occurred during 1997 and during 1998 elections.

The Committee recommended that the Government take firm measures, including training of the judiciary and police in human rights, to ensure strict compliance with the country’s Criminal Code and with article 9 of the Covenant. It also recommended that Cambodia take urgent steps to ensure basic minimum standards were met in all prisons, whose serious overcrowding was a cause of concern. Further, the Committee recommended that the Government take positive steps to eradicate the practices of extensive trafficking of men and women for labour, and of women and children for purposes of sexual exploitation and forced prostitution, among other things.

In its findings on the report of Mexico, the Committee cited among positive developments various improvements related to human rights, including a Government decision of 8 June 1999 to allow the National Human Rights Commission independence; and the launching of several programmes proposed by the Commission to improve the situation of women, children and the family, and a programme to investigate presumed disappearances and to expedite the release of imprisoned indigenous persons.

Concern was expressed that alleged acts of torture, enforced disappearances and extrajudicial executions had not been investigated; that the persons responsible had not been brought to justice; and that the victims or their families had not received compensation. The Committee also cited concerned over increased activity by the armed forces in society, particularly in the states of Chiapas, Guerrero and Oaxaca, where they carried out the activities of police forces. Furthermore, the Committee said it was deeply concerned by the fact that no institutionalized procedures existed for investigations of violations of human rights presumed to have been committed by members of the armed forces. In addition, the Committee said it was concerned at obstacles to the free movement of foreigners, especially members of non-governmental organizations investigating alleged human-rights violations in Mexico.

The Committee recommended, among other things, that the Government establish appropriate procedures to ensure that independent investigations were conducted into allegations of violations of human rights involving members of the armed forces; that a procedure be established to ensure that accused persons enjoyed all their fair-trial rights; that restrictions on the access and activities of persons entering Mexico to investigate alleged human-rights violations be lifted; that journalists be guaranteed the freedom of expression; that effective measures for the protection and rehabilitation of street children be taken; and that effective measures be taken to protect the security of women.

Among positive aspects noted in the report of Poland was an ongoing process to bring national legislation into harmony with the provisions of the Covenant. The Committee also welcomed the adoption of a new Constitution specifically protecting the fundamental rights of the individual, including persons belonging to ethnic minorities, and ensuring the precedence of international agreements over domestic statute law in cases of conflict.

The Committee expressed concern over the absence of any legal mechanism allowing the Government, on a systematic basis, to deal with and implement finding of the Committee under the Optional Protocol, to which Poland was a party. The Committee reiterated concern about numerous forms of discrimination against women in the Polish society and in the national legal system; and it noted with regret that the Government had devoted very limited attention to the issue of gender equality in its fourth periodic report.

The Committee expressed concern over strict laws on abortion which had led to a high number of clandestine abortions with their attendant risks to the lives and health of women; over limited accessibility for women to contraceptives due to high prices and restricted access to suitable prescriptions; over the elimination of sex education from the school curriculum; and over insufficient of public family-planning programmes.

The Committee recommended, among other things, that policies and programmes be introduced promoting full and non-discriminatory access to all methods of family planning and sex education at public schools; that further measures be taken to counteract all forms of discrimination against women and to promote their equality in political and economic life; and that the Government improve facilities for prisoners so as to comply with the Standard Minimum Rules for the Treatment of Prisoners.

In its observations on the report of Romania, the Committee, among other things, commended the State party for progress made in bringing the Romanian legal order into harmony with the standards of the Covenant, and for its establishment of institutions which contributed to the promotion and protection of human rights.

Cited among principal subjects of concern were the situation of street children and abandoned children, which remained an exceedingly serious problem in Romania, and was a matter of grave preoccupation to the Committee. The panel also expressed concern about continuing discrimination against the Roma community, as well as discrimination against women; the Committee noted in particular a lack of women in decision-making positions and in politics. The Committee also expressed serious concern about domestic violence against women, a problem it said could not be resolved exclusively by penal sanctions.

The Committee said it was deeply concerned about threats to the independence of the judiciary through interference by the executive branch of Government, and urged Romania to establish a clear demarcation between the competence of executive and judicial bodies. The Committee said it was further concerned at the extent of pre-trial detention; at continued incidents involving the use of firearms by the police, especially in cases of petty offenses committed by minors; and about conditions in prisons, including continued overcrowding.

The Committee recommended, among other things, that the State party take all necessary measures to protect and rehabilitate street children and abandoned children, by guaranteeing them names and by ensuring that all births were duly registered. It recommended that the Government pursue further measures, both legislatively and in practice, to ensure the rights of Roma in public and private life, and particularly to ensure their access to education and to use of their language.

In addition, the Committee recommended that prompt action be taken in to combat discrimination against women, and in particular to ensure greater representation of women in politics and Government, and their advancement to more senior positions in public and private enterprises.

Adoption of general comment on liberty of movement

During its session, the Committee also adopted a general comment on the right to liberty of movement and freedom to choose one's residence within a State's territory. That right is provided for in article 12 of the International Covenant on Civil and Political Rights, which notes, among other things, the right of anyone to leave any country, including his own. The article further affirms that no one should be arbitrarily deprived of the right to enter his or her own country.

Article 12, paragraph 3, of the Covenant stipulates that the right to liberty of movement should not be subject to any restrictions except those which provided for by law and necessary to protect national security, public order, public health or morals or the rights and freedoms of others. The general comment underlines that States parties should carefully examine the need for any restriction on the enjoyment of the rights guaranteed under article 12 of the Covenant. The comment also emphasizes that liberty of movement is an indispensable condition for the free development of persons.

Although legitimate interests may require limitations to be placed on the rights of individuals, those limitations should not nullify the principle of liberty of movement but be governed by the requirements of necessity and consistency with the other rights recognized in the Covenant, the comment explains.

The Committee has periodically issued general comments on issues relating to the International Covenant since 1981 to assist States parties in fulfilling their reporting obligations and in order to promote their further implementation of the provisions of the Covenant.

Background on 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 rights to freedom of thought, conscience, religion and expression are recognized by the Covenant, which also prohibits any propaganda for war or any advocacy of national, racial or religious hatred.

Optional Protocols to 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 it concerns a State party to the Covenant that is not also a party to the Optional Protocol.

The following 95 States are parties to the First Optional Protocol: Algeria, Angola, Argentina, Armenia, Australia, Austria, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Cameroon, Canada, 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, Greece, and Guinea.

Also Guyana, Hungary, Iceland, Ireland, Italy, Kyrgyzstan, Latvia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malta, Mauritius, 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, Trinidad and Tobago, Turkmenistan, Uganda, Ukraine, Uruguay, Uzbekistan, Venezuela, 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, 45 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, Luxembourg, Malta, Netherlands, New Zealand, Norway, Peru, Philippines, Poland, Republic of Korea, Russian Federation, Senegal, Slovak Republic, Slovenia, 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 15December 1989 and entered into force on 11 July 1991. The following 38 States have ratified or acceded to the Second Optional Protocol: Australia, Austria, Belgium, Bulgaria, Colombia, Costa Rica, Croatia, Denmark, Ecuador, Finland, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Norway, Panama, Portugal, Romania, Seychelles, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, the United Kingdom, Uruguay and Venezuela.

States Parties to Covenant

The following 144 States have ratified or acceded to the Covenant: Afghanistan, Albania, Angola, Algeria, Argentina, Armenia, Australia, Austria, Azerbaijan, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, 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, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Georgia, Germany, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, India, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan.

Also Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libya, 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, Seychelles, Sierra Leone, Slovakia, Slovenia, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, United States, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia and Zimbabwe.

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 Nisuke Ando of Japan; Prafullachandra Natwarlal Bhagwati of India; Christine Chanet of France; Lord Colville of the United Kingdom; Abdelfattah Amor of Tunisia; Elizabeth Evatt of Australia; Eckart Klein of Germany; David Kretzmer of Israel; Pilar Gaitan de Pombo of Colombia; Rajsoomer Lallah of Mauritius; Cecilia Medina Quiroga ofChile; Fausto Pocar of Italy; Hipolito Solari Yrigoyen of Argentina; Martin Scheinin of Finland; Roman Wieruszewski of Poland; Maxwell Yalden of Canada; and Abdallah Zakhia of Lebanon.

Ms. Medina Quiroga is Chairperson of the session while Ms. Evatt, Mr. Bhagwati and Mr. Amor are Vice-Chairpersons. Lord Colville is Rapporteur. Mr. Kretzmer is Special Rapporteur for new communications, and Mr. Pocar is Special Rapporteur for follow-up.

Committee member Thomas Buergenthal of the United States resigned on 26 May 1999. The States parties to the Covenant will elect a new member to replace him at their nineteenth meeting on 13 September 1999.