HUMAN RIGHTS COMMITTEE TO HOLD SIXTY-FOURTH SESSION AT GENEVA FROM 19 OCTOBER TO 6 NOVEMBER

BACKGROUND RELEASE
HR/CT/98/26
13 October 1998


Experts to Examine Reports of Iceland, Belgium, Armenia,
Libyan Arab Jamahiriya, Japan and Austria


Reports submitted by the Governments of Iceland, Belgium, Armenia, Libyan Arab Jamahiriya, Japan and Austria on measures taken to implement the International Covenant on Civil and Political Rights will be considered by the Human Rights Committee at its sixty-fourth session, to be held at Geneva from 19 October to 6 November 1998.

The six countries presenting reports are among the 140 States parties to the International Covenant adopted in 1966 by the General Assembly. The Committee, as a monitoring body, periodically examines reports submitted by States parties on their promotion and protection of civil and political rights. Representatives of those Governments will introduce their country reports and respond to oral and written questions by the Committee’s 18-members who serve in their personal capacity.

Under the first Optional Protocol to the Covenant, the 92 States parties recognize the competence of the Committee to consider confidential communications from individuals claiming to be victims of violations of any rights proclaimed under the Covenant. Of the 167 communications pending before the Committee, 41 have already been declared admissible and are pending for a decision on the merits. Pursuant to the Committee’s new rules of procedure allowing the joint examination of admissibility and merits in appropriate cases, the Committee’s examination of the remaining 126 communications may result in the adoption of views, or in decisions declaring them admissible or inadmissible.

In addition, the Committee will have before it summaries of several recently registered communications and summaries of new communications registered after its last session, together with an indication of any action which might have been taken by the Special Rapporteur for new communications.

In accordance with provisions of the first Optional Protocol and the Committee’s rules of procedures, all such communications are considered in closed meetings.

Committee’s concluding observations on the last reports submitted by Iceland, Belgium, Libyan Arab Jamahiriya, Japan and Austria

Of the six countries presenting a report at this session, all except for Armenia have previously submitted a report to the Committee.

It its final observations and conclusions on the second periodic report of Iceland, reviewed in 1993, the Committee recommended that the Government consider amending the national Constitution in order to reflect adequately the provisions of the International Covenant on Civil and Political Rights and other international human rights treaties ratified by Iceland. In the meantime, the Committee strongly recommended that the Covenant be included, by way of appropriate amendments, in the draft law envisaging the incorporation of the European Convention for the Protection of Human Rights and Fundamental Freedoms into domestic law, at present before the Althing (Parliament), or in a similar legislative act. The Committee also recommended that the Government review the continuing need for any reservations, with a view to withdrawing them.

Concerning the second period report of Belgium, examined by the Committee in 1992, Committee members recommended the State party more adequately reflect in internal administrative practice the provisions of the Covenant which were not reflected in the European Convention for the Protection of Human Rights and Fundamental Freedoms; and to ensure that the laws regarding restrictions on freedom of expression and assembly were compatible with those provided for in the Covenant. The Committee also recommended that the State party further improve the effectiveness of the protection granted to minority rights at the communal level. The Committee further recommended that the State party reconsider its reservations to the Covenant so as to withdraw as many as possible.

Following its consideration of the second period report of the Libyan Arab Jamahiriya in 1994, the Committee’s final observations and recommendations encouraged the State party to take the necessary steps to adopt legislative or other measures to give effect to the rights recognized in the Covenant. This would require a detailed examination of specific Libyan laws and practices. The Committee encouraged the State party to move forward with its plans to abolish the death penalty so that it may adhere to the Second Optional Protocol to the Covenant. The Committee also called on the Jamahiriya to investigate all allegations of summary or extra-judicial executions, disappearances, torture and incommunicado detentions, including those referred to by the Committee. It should implement effective measures to prevent further violations of those provisions of the Covenant, to ensure that the rights of detainees were respected and that the requirements of fair trial were met. The Committee recommended that the State party review its laws which imposed limitations of freedom of opinion, expression, association and assembly.

In its concluding observations on the third period report of Japan, considered in 1993, the Committee recommended that Japan become a party to both Optional Protocols to the International Covenant on Civil and Political Rights and to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Committee also recommended that Japanese legislation concerning children born out of wedlock be amended and that discriminatory provisions contained therein be removed. All discriminatory laws and practices still existing in Japan should be abolished. The Committee further recommended that Japan take measures towards the abolition of the death penalty. In the meantime, the penalty should be limited to the most serious crimes; the conditions of death row detainees should be reconsidered; and preventive measures of control against any kind of ill-treatment of detainees should be further improved. The Committee recommended that pre-trial procedures and the operation of the substitute prison system (Daiyo Kangoku) should be made compatible with all requirements of the Covenant.

After considering the second period report of Austria in 1991, the Committee expressed continuing concern about a number of areas where, in their view, further improvements were needed. One such concern related to the status of the Covenant in relation to Austrian law. It was noted in particular that, as far as grounds for discrimination were concerned, Austrian law was not in complete conformity with the provisions of the Covenant. The members urged the State to reduce the list of Austrian reservations to the Covenant. Other concerns raised by members related to such matters as the independence of the administrative courts, the inadequacy of protection extended to detainees at the interrogation stage, the impartiality of the mechanisms for investigating cases involving alleged torture and ill-treatment by the police, and the monopolistic character of the electronic media.

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 of which 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 and 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 140 States have ratified or acceded to the Covenant: Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Barbados, Belarus, Belgium, Belize, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, 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, Kenya, Kuwait and the Kyrgyz Republic.

Also: Latvia, Lebanon, Lesotho, Libya, 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, Slovak Republic, Slovenia, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, 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.

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 92 States are parties to the First Optional Protocol: Algeria, Angola, Argentina, Armenia, Australia, Austria, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Bulgaria, 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, Guinea, Guyana, Hungary, Iceland, Ireland, and the Kyrgyz Republic.

Also: Latvia, Libya, 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, Slovak Republic, Slovenia, Somalia, Spain, Sri Lanka, Suriname, Sweden, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, 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, 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 15 December 1989 and entered into force on 11 July 1991. It has been ratified or acceded to by 31 States: Australia, Austria, Colombia, Croatia, Denmark, Ecuador, Finland, Germany, Greece, Hungary, Iceland, Ireland, Italy, Luxembourg, Malta, Mozambique, Namibia, Netherlands, New Zealand, Norway, Panama, Portugal, Romania, Seychelles, Slovenia, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, 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: Nisuke Ando, of Japan; Prafullachandra Natwarlal Bhagwati, of India; Thomas Buergenthal, of the United States; Christine Chanet, of France; Lord Colville, of the United Kingdom; Omran El Shafei, of Egypt; 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, of Chile; Fausto Pocar, of Italy; Julio Prado Vallejo, of Ecuador; Martin Scheinin, of Finland; Roman Wieruszewski, of Poland; Maxwell Yalden, of Canada; and Abdallah Zakhia, of Lebanon.

The officers of the Committee are: Ms. Chanet, Chairperson; Mr. Bhagwati, Mr. El Shafei and Ms. Medina Quiroga, Vice-Chairpersons; and Ms. Evatt, Rapporteur.



Provisional Agenda for Consideration of Reports

Iceland
Wednesday 21 October
CCPR/C/94/Add.2

Belgium
Thursday 22 October
CCPR/C/94/Add.3

Armenia
Monday 26 October
CCPR/C/92/Add.2

Libyan Arab Jamahiriya
Tuesday 27 October
CCPR/C/102/Add.1

Japan
Wednesday 28 October
CCPR/C/115/Add.3

Austria
Friday 30 October
CCPR/C/83/Add.3