Human Rights Committee discusses progress report on follow-up to concluding observations

GENEVA (24 July 2018) - The Human Rights Committee this afternoon discussed an update by the Rapporteur on the Follow-Up to Concluding Observations.

Mauro Politi, Committee Expert and Rapporteur on Follow-up to Concluding Observations, presented the Committee’s assessments of Malta, Cambodia, Canada, Suriname, and Kazakhstan and on Burundi, which received a D grade for failure to cooperate with the Committee on the follow-up procedure.  The Committee then adopted the draft report.

All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage.  The webcast of the Committee’s public meetings is available at United Nations Web TV.

The Committee will next meet in public on Thursday, 26 July, at 11:30 a.m., to continue discussing the draft General Comment No. 36 on the right to life.

Report on Follow-up to Concluding Observations

MAURO POLITI, Committee Expert and Rapporteur on Follow-up to Concluding Observations, explained that the report contained assessments of Malta, Cambodia, Canada, Suriname and Kazakhstan, and on Burundi, which received a D grade for failure to cooperate with the Committee on the follow-up procedure.  

Beginning with Malta, Mr. Politi reminded that the Committee had requested Malta to revise its legislation on the general ban on abortion for therapeutic purposes and when the pregnancy was the result of rape or incest.  The State party had replied that abortion was illegal and that it did not consider that there was a medical need for therapeutic abortion.  The Committee regretted that the State party had not acted upon its recommendation to revise its restrictive legislation on abortion and reiterated this recommendation.  The Committee then adopted an E grade for Malta’s abortion policy, and a C grade for Malta’s implementation of education and awareness programmes on using contraceptives, and on sexual and reproductive health rights.

Turning to Malta’s stance on the administrative detention of migrants and asylum seekers, the Committee noted the adoption of revised legislation and policies that abolished the automatic and mandatory detention of asylum seekers and provided legal grounds for detention and judicial review of the lawfulness of detention.  The Committee asked for more specific information on alternatives to detention in national legislation and policy, and it welcomed information that no detention orders had been issued for minors.  The Committee then adopted a grade of B for all sections.

On Cambodia, the Committee reminded the State party that it had an obligation to investigate all cases of past human rights violations, pursuant to article 6 of the Covenant.  The Committee also regretted the lack of concrete information on prompt, independent, impartial and thorough investigations into all cases of past human rights violations, and it gave Cambodia a grade of C concerning impunity for serious human rights violations.

Concerning Cambodia’s stance on the prohibition of torture and ill-treatment, the Committee regretted that no measures had been taken after the adoption of the Committee’s concluding observations to ensure that confessions obtained under torture were inadmissible in courts in all cases.  Also, the State provided no information concerning the establishment of the national mechanism for the prevention of torture.  The Committee then adopted a C grade for Cambodia’s national policy in that regard.

As for the freedoms of expression and association, the Committee found that no measures appeared to have been taken to investigate complaints of killings and to provide effective protection to journalists, human rights defenders and other civil society actors.  The Committee asked that the State party to comment on allegations of harassment and violence against journalists and other civil society actors since 2015.  It then gave a grade of C for that section.

Mr. Politi reminded that Cambodia had not yet removed defamation from its Criminal Code, which earned it a grade of C.

Finally, the Committee appreciated information concerning the draft law on Cyber Crime, which was being revised by the Ministry of the Interior in collaboration with the United State’s Federal Bureau of Investigation (FBI).  The Committee then adopted a grade of B for the relevant section.

Moving on to Canada, the Committee appreciated information regarding the establishment of the national pre-inquiry process and the appointment of commissioners to lead the national inquiry into murdered and missing indigenous women and girls.  However, the Committee regretted the lack of information about the national inquiry’s mandate and terms of reference, and thus granted a grade of B for the section.

Regarding Canada’s engagement with non-governmental stakeholders to address violence against indigenous women, there was no mention by the State party as to any review taking place or being planned for its legislation at any level.  More information was also needed concerning the coordination of police responses across the country to prevent the murders and disappearances of indigenous women and girls.  The Committee then adopted a B grade for the section.

The Committee appreciated the information concerning the increasing number and quality of shelters in Canada, but noted that there was still missing information about specific measures taken to investigate, prosecute and punish the perpetrators of those crimes and provide reparation to victims.  Accordingly, the Committee adopted a grade of C for the section.

Finally, the Committee noted that Canada had provided information pertaining to an allocation in the federal budget to improve socio-economic conditions of indigenous peoples.  Nevertheless, the Committee required additional information on a concrete plan for utilizing those resources.  In light of that, the Committee adopted a B grade.

Turning to immigration detention, asylum-seekers and non-refoulement, there was missing information on measures taken to establish a reasonable time limit for the detention of irregular migrants, the policy that “designated foreign nationals” be subject to mandatory arrest and detention, and the access given to those “designated foreign nationals” to the Refugee Appeals Division.  In light of the limited information, the Committee adopted a C grade.

With respect to indigenous lands and titles, the Committee asked for more information pertaining to the development of the new Federal Reconciliation Framework, measures taken to review all laws, policies and operational practices to make sure that consultation and accommodation obligations were met, and about measures to implement the “Calls to Action.”  The Committee then adopted a B grade.

The Committee also asked whether Canada was planning to define the nature, scope and content of aboriginal and treaty rights in legislation, the number of claims settled since the adoption of the concluding observations, and the number of claims that currently reviewed under the voluntary alternative dispute resolution process.  The Committee then adopted a grade of C.

Speaking of Suriname’s national human rights institution, Mr. Politi welcomed its launch in 2016, but reminded that the Committee still required additional information, particularly on planned measures aimed at ensuring its compliance with principles to promote and protect human rights.  Suriname received a grade B in that respect.

Suriname received a grade of E for the section on impunity for past human rights violations.  The Committee regretted that the State party did not intend to repeal the Amnesty Act and that it had not taken any measures to bring perpetrators to justice.  Also, the Committee noted the State party’s statement that it had no knowledge of cases of threat or harm to witnesses, but it requested information on progress made in securing witness testimonies in relation to the Moiwana massacre of 1986.

Turning to the judicial control of detention, the Committee noted that Suriname had not adopted legislation requiring that anyone arrested or detained on a criminal charge be brought before a judge within 48 hours.  The Committee required clarification as to whether the judicial control of detention under article 9(3) of the Covenant was exercised by a public prosecutor or judge.  The Committee then adopted a grade of C for the section.

On Kazakhstan, the Committee discussed the State’s accountability for human rights violations in connection with the Zhanaozan events.  It adopted a grade of C because of the lack of concrete information on measures taken after the adoption of the Committee’s concluding observations.  Officers of the Ministry of the Interior had been allegedly involved in torture, but the Ministry had dismissed all the allegations as unfounded.

Regarding torture and ill-treatment, the Committee needed more information to ensure that standards of proof and credibility for applied evidence were appropriate and reasonable for determining whether acts amounted to torture or ill-treatment.  The Committee adopted an A grade for the section.  In relevant sub-sections, the Committee adopted a grade of B for the lack of information provided by the State pertaining to independent investigations, measures taken after the adoption of the Committee’s concluding observations, sanctions for the crime of torture, the use of “false reporting of a crime,” victim reparation, and an oversight system and its independency.

As for Kazakhstan’s practices concerning the freedom of association and participation in public life, the Committee requested that the State party comment on the information received that new trade union laws regarding registration had been used to deliberately prevent trade unions from being able to function.  The Committee adopted a C grade for the section.

Mr. Politi reminded that Kazakhstan had not supplied any information concerning the grounds for the suspension or dissolution of political parties.  Accordingly, the Committee adopted a grade of C for that section.

The Committee also asked for more information about the efforts made to alleviate undue State control and interference in the activities of public associations, particularly regarding regulations under which grants were awarded by the State party.  The Committee adopted a grade of B for the section.

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