HUMAN RIGHTS COMMITTEE CONCLUDES NINETY-THIRD SESSION

The Human Rights Committee concluded today its ninety-third session, during which it considered and adopted concluding observations and recommendations on the reports submitted by the United Kingdom, France, San Marino and Ireland on how they implement the provisions of the International Covenant on Civil and Political Rights.

In concluding observations on the sixth periodic report of the United Kingdom, the Committee welcomed the adoption of the Racial and Religious Hatred Act 2006 and of the Civil Partnership Act 2004. Among a number of concerns about legislation and practices with regard to terrorism, the Committee was disturbed about the extension of the maximum period of detention without charge of terrorist suspects from 14 to 28 days, and the proposed further extension of this maximum period to 42 days. The United Kingdom should conduct prompt and independent investigations into all allegations concerning suspicious deaths, torture or cruel, inhuman or degrading treatment or punishment inflicted by its personnel in detention facilities in Afghanistan and Iraq and ensure that those responsible were prosecuted.

Following its consideration of the fourth periodic report of France, the Committee welcomed ratification of the Second Optional Protocol to the International Covenant on Political and Civil Rights. The Committee expressed a number of concerns, in particular, that terrorism suspects in police custody were guaranteed access to a lawyer only after 72 hours, and access to counsel could be further delayed till the fifth day when custody was extended by a judge. Concerned about a number of discriminatory practices, the Committee recommended that France reinforce its legislative framework and institutional mechanisms to exclude all discriminatory practices that prevented equal access to employment for persons belonging to ethnic, national or religious minorities – most notably, those with North African or Arabic names.

Regarding the second periodic report submitted by San Marino, the Committee welcomed the State party's ratification, on 29 January 2008, of the Convention on the Rights of Persons with Disabilities and its Optional Protocol. the Committee noted with concern that immediate access to a lawyer by an arrested person who was unable to pay for legal services could be impeded by the free legal assistance scheme which was framed in San Marino. The Committee recommended that San Marino re-examine the extraordinary length and practical difficulties of acquiring citizenship for long-term residents from first requiring a presence of 5 years on a staying permit, followed by 30 years' continuous presence on a residence permit, and finally, a decision of the Parliament that was taken once every 10 years.

Having reviewed the third periodic report of Ireland, the Committee welcomed the establishment of the Irish Human Rights Commission in 2000 and the National Office for the Prevention of Domestic, Sexual and Gender-based Violence. The Committee was concerned about allegations that Irish airports had been used as transit points for so-called rendition flights of persons to countries where they risk being subjected to torture or ill-treatment. On the rights of individuals detained in police custody, the Committee recommended that Ireland give full effect to the rights of criminal suspects to contact counsel before, and to have counsel present during, interrogations.

At the opening of today's meeting, the Chairperson of the Committee, Rafael Rivas Posada, announced that Secretary-General Ban ki-Moon had designated Navanethem Pillay of South Africa as the next High Commissioner for Human Rights. Her nomination would have to be approved by the General Assembly, which was scheduled to consider the question on Monday, 28 July.

The Chairperson also informed the Committee this morning that Amnesty International had reported that Liberia was considering draft legislation to reinstate the death penalty in some cases. If true, that was a direct violation of the Covenant and also a violation of the State party's obligations as a party to the Second Optional Protocol, which aimed to abolish the death penalty. Holding that this action, if verified, constituted a serious breech of Liberia's international commitments, the Committee decided to send a letter to the State party requesting clarification.

During the session, the Committee considered communications from individuals submitted under the first Optional Protocol to the Covenant. The Protocol, for the 111 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 meetings, and the Committee's conclusions on cases considered during the session will be released at a later date.

Also during the session, the Committee conducted a second reading of a revised draft General Comment on the Optional Protocol to the Covenant, which, as described above, provides a complaint mechanism for individual's alleging that their rights under the Covenant have been violated. The Committee will complete its second reading during its next session.

The Committee also debated its working methods over two meetings, discussing in particular the harmonization of the work of the different human rights treaty bodies and reporting procedures for States parties. The Committee also considered in public progress reports on follow-up to its concluding observations and follow-up to the Committee's Views (decisions on individual communications). The Committee also adopted its annual report to the General Assembly.

The next session of the Committee, its ninety-fourth, will take place from 13 to 31 October 2008 in Geneva, at which time the Committee is scheduled to consider reports from Nicaragua, Monaco, Denmark, Japan and Spain.

Concluding Observations On Country Reports

United Kingdom of Great Britain and Northern Ireland

Concerning the sixth periodic report of the United Kingdom, the Committee welcomed the adoption of the Racial and Religious Hatred Act 2006; the adoption of the Criminal Justice and Immigration Act 2008 abolishing the common law offences of blasphemy in England and Wales; and the adoption of a number of laws to strengthen protections against discrimination: the Civil Partnership Act 2004, the Gender Recognition Act 2004, the Equality Act 2006 and the Sex Discrimination (amendment of Legislation) Regulations 2008.

Among principle subjects of concern, the Committee regretted that the State party intended to maintain its reservations, and in particular noted that the general reservation to exempt review of service discipline for members of the armed forces and prisoners was very broad in scope. The Committee was especially concerned with the fact that anti-social behaviour orders could be imposed on children as young as 10 in England and Wales and 8 in Scotland, and that some of those children could subsequently be detained for up to two years for breaching them. Furthermore, the Committee was disturbed about the United Kingdom's statement that its obligations under the Covenant could only apply to persons who were taken into custody by the armed forces and held in British-run military detention facilities outside the United Kingdom in exceptional circumstances. Among a number of concerns regarding legislation and practices on terrorism was the fact that, under the Terrorism Act 2000, access to a lawyer could be delayed for up to 48 hours. The Committee recommended that the United Kingdom ensure that anyone arrested or detained on a criminal charge, including persons suspected of terrorism, had immediate access to a lawyer. The United Kingdom should also consider amending section 1 of the Terrorism Act 2006 dealing with "encouragement of terrorism" so that its application would not lead to a disproportionate interference with freedom of expression. Moreover, the Committee was disturbed by the extension of the maximum period of detention without charge of terrorist suspects from 14 to 28 days, and it was even more disturbed by the proposed extension of this maximum limit to 42 days. Additionally, development of negative public attitudes towards Muslim members of society in the United Kingdom continued and as such it should ensure that the fight against terrorism did not lead to raising suspicion against all Muslims. Concerned about the control order regime which involved the imposition of a wide range of restrictions, including curfews of up to 16 hours, on individuals suspected of being "involved in terrorism", but who had not been charged with any criminal offence, the Committee recommended that the Government review the regime to ensure that it was in conformity with the provisions of the Covenant.

Among others, the Committee also recommended that the United Kingdom reconsider its efforts to encourage increased representation of women and ethnic minorities in the judiciary; that it conduct independent and impartial inquiries to ensure a full, transparent and credible account of the circumstances surrounding violations of the right to life in Northern Ireland; that it investigate allegations related to transit through its territory of rendition flights and establish an inspection system to ensure that its airports were not used for such purposes; that it prohibit corporal punishment of children in all schools in all British Overseas Territories and Crown Dependencies; that it conduct prompt and independent investigations into all allegations concerning suspicious deaths, torture or cruel, inhuman or degrading treatment or punishment inflicted by its personnel (including commanders), in detention facilities in Afghanistan and Iraq and that it ensure that those responsible were prosecuted and punished in accordance with the gravity of the crime.

France

Following its consideration of the fourth periodic report of the France, the Committee welcomed ratification of the Second Optional Protocol to the Covenant; the creation of the High Authority to Combat Discrimination and Promote Equality, which had the power to receive individual complaints and act on its own initiative to remedy problems of discrimination based on national origin, disability, health, age, gender, family and marital status, trade union activity, sexual orientation, religious beliefs, physical appearance, surname, and genetic characteristics. The Committee also welcomed the France's new legislation on the punishment of domestic violence that extended aggravating circumstances to include, among others, abuse between partners in civil solidarity pacts and former partners and consolidated the jurisprudence on marital rape.

The Committee, among others, remained concerned by the breadth and number of interpretive declarations and reservations taken by France to the Covenant, particularly, in regard to the right to appeal from a criminal conviction and expulsion of aliens. The Committee remained concerned that women were under-represented in high-level and managerial positions, and that the wage gap between men and women, the over-representation of women in part-time jobs, and high unemployment rate among women belonging to racial, ethnic or national minorities also continued to be significant. On acts of terrorism, the Committee was concerned about the initial detention of four days for persons suspected of terrorism was extendable up to six days, in police custody (garde à vue), before they were brought before a judge or were released without charge. It was also noted with concern that terrorism suspects in police custody were guaranteed access to a lawyer only after 72 hours, and access to counsel could be further delayed till the fifth day when custody was extended by a judge. The use of long-term pretrial detention in terrorism and organized crime cases, extending for periods up to four years and eight months, remained a concern for the Committee and it was recommended that France limit the duration of pre-trial detention. Further the Committee was concerned by France's claim of authority to place criminal defendants under renewable one-year terms of civil preventive detention (rétention de sureté) because of "dangerousness", even after they had completed their original prison sentences.

Concerning the large numbers of undocumented foreign nationals and asylum seekers detained in unsuitable airport waiting areas and administrative detention centers, the Committee recommended that France review its detention policy in regard to undocumented foreign nationals and asylum-seekers, including unaccompanied children. It should have no tolerance for acts of ill-treatment perpetrated by law enforcement officials against foreign nationals, including asylum-seekers, who were detained in prisons and administrative detention centers and had to establish adequate systems for monitoring and deterring abuses by law enforcement officials. The Committee also recommended that France reinforce its legislative framework and institutional mechanisms to exclude all discriminatory practices that prevented equal access to employment for persons belonging to ethnic, national or religious minorities – most notably, those with North African or Arabic names. Furthermore, the Committee recommended that France facilitated participation of persons who were members of minority groups in publicly elected bodies, including the National Assembly and local government. In particular, France should seek ways to increase the number of candidates belonging to minorities included in the list of political parties running for elections. The appointment of persons from minority backgrounds as members of the police, public administration and the judiciary, was also recommended to assure the representation of the needs of varied communities in the planning, design, implementation and evaluation of policies and programmes affecting them.

San Marino

Regarding the second periodic report submitted by San Marino, the Committee welcomed the legislative and policy developments on various issues concerning disability, which enabled the State party to ratify, on 29 January 2008, the Convention on the Rights of Persons with Disabilities and its Optional Protocol. The Committee also observed that San Marino had resumed dialogue with a number of treaty-bodies and noted its efforts to submit its overdue reports.

Among the principal subjects of concern, the Committee remained unclear on the exact status of the Covenant and the Optional Protocol in domestic law, as well as the relationship between the Covenant and the Declaration of the Citizens' Rights and other parts of the constitutional order. The Committee was also concerned that San Marino had delayed the adoption of a new comprehensive Code of Criminal Procedure; that immediate access to a lawyer by an arrested person who was unable to pay for legal services could be impeded by the way the free legal assistance scheme which was framed in San Marino; and that such non-discrimination grounds as sexual orientation, race, colour, language, nationality and national or ethnic origin were subsumed under the notion of "personal status" in the Declaration of the Citizens' Rights, which made it difficult to ensure their equal and comprehensive application.

The Committee recommended that San Marino adopt programmes and practical measures to combat all forms of gender-based violence, including training of police to receive complaints of domestic violence, to provide material and psychological relief to the victims and to make women aware of their rights. San Marino should also amend its domestic law to ensure that children were not discriminated against on the ground of the nationality of any one parent and ensure equal right to acquisition of citizenship, irrespective of whether both or only one of the parents were naturalized San Marino citizens. Moreover, the State party should re-examine the extraordinary length and practical difficulties of acquiring citizenship for long-term residents from first requiring a presence of 5 years on a staying permit, followed by 30 years' continuous presence on a residence permit, and finally, a decision of the Parliament that was taken once every 10 years. On setting clear limitations on privacy legislation, San Marino should ensure that any future law on wire and phone tapping for investigation purposes was compatible with the Covenant. In addition, the State party should ensure that its counter-terrorism measures were in full conformity with the Covenant and in particular that the legislation adopted in this context was limited to crimes that would justify being characterized as terrorist. San Marino should formally also abolish the rule whereby a foreigner was required to present a guarantor as a condition enabling him/her to start a civil action before the courts, on the grounds that it has become obsolete in practice. Finally, it should consider whether, in particular in view of immigration trends in recent years, ethnic minorities existed in its territory, even if in very small numbers, and take necessary steps to protect their rights.

Ireland

Having reviewed the third periodic report of Ireland, the Committee welcomed the legislative and other measures that had been taken to improve the protection and promotion of human rights, including the establishment of the Irish Human Rights Commission in 2000; the adoption of the Mental Health Act in 2001; the incorporation into domestic law of the European Convention of Human Rights in 2003; and the establishment of the Garda Síochána (National Police Service) Ombudsman Commission in 2007. The Committee further noted the progress made in combating domestic violence, including the increased budgetary allocation for measures that were taken in this regard; the establishment of an Equality Authority and an Equality Tribunal, and the National Office for the Prevention of Domestic, Sexual and Gender-based Violence.

The Committee regretted Ireland's intention to maintain its reservations on article 19 of the Covenant, granting protection to a person's right to freedom of expression, and to article 20, on prohibiting by law any propaganda promoting war. On the Civil Partnership Bill, the Committee was concerned that no provisions regarding taxation and social welfare were proposed. Despite Ireland's efforts with regard to domestic violence, the Committee was still concerned about the continuing impunity due to high withdrawal rates of complaints and few convictions. The Committee regretted the lack of gender-based statistics with regard to complaints, prosecutions, and sentences in matters of violence against women, and was concerned that inequalities between women and men continued to persist in many areas of life. On counter-terrorism and rendition flights, the Committee regretted that Irish legislation did not contain a definition of terrorism. It was also concerned about allegations that Irish airports had been used as transit points for so-called rendition flights of persons to countries where they risked being subjected to torture or ill-treatment. The Committee recommended that Ireland define "terrorist acts" in its domestic legislation. It should also carefully monitor how often terrorist acts had been investigated and prosecuted, including the length of pre-trial detention and access to a lawyer. Ireland should also establish a regime for the control of suspicious flights and ensure that all allegations of so-called renditions were publicly investigated.

The Committee reiterated its concern regarding the highly restrictive circumstances under which women could lawfully have an abortion in Ireland, and recommended it take measures to help women avoid unwanted pregnancies so that they did not resort to illegal or unsafe abortions that could put their lives at risk or to abortions abroad. Regarding legal safeguards, it was a matter of concern that access to counsel during interrogation at Garda (police) stations was not prescribed by law, and the right of an accused person to remain silent was restricted. The Committee also remained concerned about increased incarceration, and recommended that Ireland improve the conditions of persons deprived of liberty before trial and after conviction. Another concern was the lack of recognition of rights and interests of trafficking victims, in particular, lesser protections for victims not willing to cooperate with authorities. The Committee recommended, inter alia, that Ireland ensure the protection and rehabilitation of victims of trafficking, and ensure that permission to remain in the State party was not dependent on the cooperation of victims in the prosecution of alleged traffickers. Ireland should also amend the Immigration, Residence and Protection Bill 2008 to outlaw summary removal and ensure that asylum-seekers had full access to early and free legal representation and should introduce an independent appeals procedure to review all immigration-related decisions. On privately run primary schools with a religious integrated curriculum, and in view of the increasingly diverse and multi-ethnic composition of the population, the Committee recommended Ireland ensure non-denominational primary education was widely available.

Membership of Committee

The States parties to the Covenant elect the Committee's 18 expert members who serve in their individual capacity for four-year terms. They are: Abdelfattah Amor (Tunisia), Prafullachandra Natwarlal Bhagwati (India), Christine Chanet (France), Maurice Glèlè-Ahanhanzo (Benin), Yuji Iwasawa (Japan), Edwin Johnson Lopez (Ecuador), Rajsoomer Lallah (Mauritius), Zonke Zanele Majodina (South Africa), Iulia Antoanella Motoc (Romania), Michael O'Flaherty (Ireland), Elisabeth Palm (Sweden), Rafael Rivas Posada (Colombia), Nigel Rodley (United Kingdom), José Luis Sanchez-Cerro (Perú), Ivan Shearer (Australia), Ahmed Tawfik Khalil (Egypt), Ruth Wedgwood (United States of America).

The Chairperson is Mr. Rivas Posada. The Vice-Chairpersons are Ms. Palm, Mr. Shearer and Mr. Tawfik Khalil. The Rapporteur is Mr. Amor.

For use of the information media; not an official record

CT08013E