HUMAN RIGHTS COMMITTEE CONCLUDES ONE-HUNDRETH SECOND SESSION

The Human Rights Committee concluded its one-hundredth second session today, during which it considered and adopted concluding observations and recommendations on reports submitted by Ethiopia, Bulgaria and Kazakhstan on how those countries implement the provisions of the International Covenant on Civil and Political Rights.

In concluding observations on the initial report of Ethiopia, the Committee welcomed the adoption of the Revised Criminal Code which criminalizes all acts of torture and cruel, inhuman or degrading treatment or punishment, sexual violence and harmful traditional practices. However, the Committee remained concerned by the fact that religious courts could take binding decisions, which could not be appealed against and suggested that such decisions should not be recognized by the State. The Committee recommended that religious courts should not hand down binding judgments recognized by the State, unless a number of requirements were met.

Among positive aspects in the third periodic report of Bulgaria, the Committee noted the adoption of numerous international instruments, including the Second Optional Protocol to the International Covenant on Civil and Political Rights. The Committee was concerned, however, at the on-going widespread discrimination suffered by the Roma population, especially in terms of access to education, justice, employment, housing and commercial establishments. The Committee urged the State party to pursue its efforts to eradicate stereotypes and widespread discrimination against Roma by, among other things, increasing awareness-raising campaigns that promote tolerance and respect for diversity.

In concluding observations on the initial report of Kazakhstan, the Committee was pleased to note the establishment of the National Commission on Women’s Affairs and Family and Demographic Policy. The Committee regretted the increase in the number of reported crimes related to trafficking in human beings as well as the increase in the number of children employed in cotton and tobacco fields. It urged Kazakhstan to ensure that all cases of human trafficking and use of child labour were effectively investigated and that perpetrators were prosecuted and punished with appropriate sanctions, and that the victims were adequately compensated.

The full text of the Committee's concluding observations on the reports submitted by Ethiopia, Bulgaria and Kazakhstan can be accessed at the following address: http://www2.ohchr.org/english/bodies/hrc/hrcs102.htm.

During this session, the Committee also held public meetings to consider progress reports on follow-up to its concluding observations and to Views (the Committee's decisions on individual communications), to discuss its methods of work, and to discuss ways to increase cooperation between the Committee and non-governmental organizations and national human rights institutions. This session was also the first in which the Committee webcast its meetings which were available live online throughout the three week session. The Committee also considered individual communications (complaints by individuals that their rights under the Covenant had been violated by one of the 113 States signatories to the Optional Protocol) on admissibility issues.

The Chairperson was also pleased to announce that the Committee had adopted the General Comment on article 19 pertaining to the freedom of opinion and expression. General Comment No.34 addresses the legality of restrictions, including blasphemy laws, “memory” laws, laws on such matters as treason, counter-terrorism, lese majeste, desacato, defamation of the head of state and the protection of honour of public officials. The General Comment also clearly confirms the extension of freedom of expression protections to new media actors, including bloggers. The General Comment states that “memory laws”, which penalise the expression of opinions about historical facts, are unacceptable under the International Covenant on Civil and Political Rights. Blasphemy laws are incompatible with the Covenant, except under very specific circumstances subject to strict requirements set out in the Covenant. It also offers the most comprehensive analysis yet in international human rights law of a right of access to information held by public bodies. It stresses the duty of States to foster a strong, free and plural media as well as access to new media information platforms.

The Rapporteur for the General Comment, Michael O'Flaherty, said that it was a comprehensive response to numerous requests from lawmakers, judges, prosecutors, lawyers, rights defenders and even journalists asking for clarification on many of the issues covered by the rights to freedom of expression and opinion. It was a strong reaffirmation of the central importance for all human rights of the freedom of expression and set out the very strict parameters within which the right could be restricted by States. The General Comment also states that, “Freedom of expression is a necessary condition for the realisation of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights.”

During its next session, to be held from 17 October to 4 November 2011 in Geneva, the Committee is scheduled to consider reports from Jamaica, Kuwait, Norway, Iran and Côte d’Ivoire in the absence of a report.

Concluding Observations on Country Reports

Ethiopia

With regards to the initial report of Ethiopia, the Committee welcomed the following legislative and institutional steps taken by the State party: the adoption, in 2004 of the Revised Criminal Code which criminalizes all acts of torture and cruel, inhuman or degrading treatment or punishment, sexual violence and harmful traditional practices; and the submission of a comprehensive core document, in compliance with the revised reporting guidelines, under a joint treaty reporting project of the Ministry of Foreign Affairs, the Ethiopian Human Rights Commission and the Office of the United Nations High Commissioner for Human Rights. The Committee also welcomed the ratification by the State party of the following international instruments: the Convention on the Rights of Persons with Disabilities, in 2010; the United Nations Convention against Transnational Organized Crimes and its Protocols, in 2007; the ILO Convention against Forced or Compulsory Labour No.29, in 2003; and the ILO Convention against the Worst Forms of Child Labour No. 182, also in 2003.

While the Committee welcomed the development since August 2010 of the out-of-camp policy for Eritrean refugees and was conscious of the increasingly large refugee population within its borders, it was concerned by the difficulties other refugees experience, which were preventing any long term solution for them, beside resettlement. While the Committee appreciated the State party’s need to adopt measures to combat acts of terrorism, it regretted the unclear definition of certain offences in Proclamation 652/2009 and was concerned by the scope of some of its provisions, including the criminalisation of encouragement and inducement of terrorism through publication, which could lead to abuse against the media. The Committee noted with concern numerous reports suggesting that torture and cruel, inhuman or degrading treatments were widespread in the State party and used against detainees by the police, prison officers and military, especially with regard to alleged members of armed insurgent groups active in certain regions of Ethiopia. Moreover, perpetrators reportedly very often went unpunished. While acknowledging that submission to Sharia courts could only happen with the consent of the parties, the Committee remained concerned by the fact that such courts could take binding decisions, which could not be appealed against on the substance, in matters such as marriage, divorce, guardianship of minors and inheritance. The Committee also noted that the Covenant was not part of the laws applied by the Sharia courts.

The Committee recommended that the State party strive to promote the integration of asylum seekers and refugees, including by extending the out of camp policy to the extent possible. The Committee invited the State party to ratify the Convention relating to the Status of Stateless Persons (1954) and the Convention on the Reduction of Statelessness (1961). The State party should ensure that its anti-terrorism legislation defined the nature of those acts with sufficient precision to enable individuals to regulate their conduct accordingly. The State party should also ensure that its legislation was limited to crimes that deserved to attract the grave consequences associated with terrorism, and revise its legislation that imposed undue restrictions on the exercise of rights under the Covenant. With regards to torture, the Committee said the State party should: (a) guarantee that all allegations of torture or cruel, inhuman or degrading treatment were effectively investigated, and that the alleged perpetrators were prosecuted and, if convicted, punished with appropriate sanctions, and that the victims had access to effective remedies and adequate reparation; (b) improve the training of State agents in this regard, in order to ensure that all persons who were arrested or held in custody were treated with respect; and (c) in its next report, provide disaggregated data on all allegations of torture. On the issue of religious courts, the Committee said they should not hand down binding judgments recognized by the State, unless the following requirements were met: proceedings before such courts were limited to minor civil and criminal matters, met the basic requirements of fair trial and other relevant guarantees of the Covenant, and their judgements were validated by State courts in light of the guarantees set out in the Covenant and could, if necessary, be challenged by the parties concerned in a procedure meeting the requirements of article 14 of the Covenant. These principles were notwithstanding the general obligation of the State to protect the rights under the Covenant of any persons affected by the operation of religious courts.

Bulgaria

Concerning the third periodic report of Bulgaria, the Committee welcomed the following legislative and institutional steps taken by the State party: the creation of the National Anti-Trafficking Commission in 2003 under the Law on Combating trafficking in Human Beings; and the amendments to the Constitution in 2007 on the judiciary and the establishment of a Supreme Judicial Council, as well as the 2010 adoption of an Integrated Strategy on Combating Crime and Corruption. The Committee also welcomed the ratification by the State party of the following international instruments: the Second Optional Protocol to the International Covenant on Civil and Political Rights in 1999; the United Nations Convention against Transnational Organized Crime (2001); the Protocol to prevent, suppress, punish trafficking in persons, especially women and children (2001); the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women in 2006; and the two Optional Protocols to the Convention on the Rights of the Child.

While welcoming the implementation of the National Strategy to encourage Equality between the Sexes (2009-2015), the Committee was concerned that discriminatory practices and messages remained widespread, including in the media, and that no specific legislation had been adopted on equal opportunities between women and men. While taking note of the Framework Programme for Integration of Roma in Bulgarian Society (2010-2020), the Committee was concerned at the on-going widespread discrimination suffered by the Roma population, especially in terms of access to education, justice, employment, housing and commercial establishments. The Committee was also concerned at the low number of related cases investigated, tried and sanctioned. The Committee regretted the recent manifestations of intolerance towards religious minorities and non-traditional religious groups in Bulgaria (110 cases of reported vandalism against mosques in the last two decades, and assault of Muslims praying in front of the Banya Bashi mosque in downtown Sofia on 20 May 2011). Taking note of the existing legal framework on anti-discrimination and hate speech, the Committee regretted the poor enforcement of the related legislation. The Committee was also concerned by information on violent and discriminatory practices against children and adults with disabilities in medical institutional settings, including deprivation of liberty, the use of restraint and the enforced administration of intrusive and irreversible treatments such as neuroleptic drugs.

The Committee recommended that the State party develop additional policies for effective gender equality and adopt and implement specific legislation on equality between men and women, thereby officially recognizing the particular nature of discrimination against women and adequately addressing it. In addition, the State party should adopt the necessary measures to monitor and put an end to gender-stereotype messages in society. Concerning the Roma community, the Committee urged the State party to pursue its efforts to eradicate stereotypes and widespread discrimination against Roma by, among other things, increasing awareness-raising campaigns that promote tolerance and respect for diversity. The State party should adopt measures to promote equal access to opportunities and services in all fields and at all levels through appropriate actions in order to address existing inequalities. Finally, the State party should ensure that discrimination cases were systematically investigated, that those responsible were brought to justice and punished, and that adequate compensation was provided to the victims. The State party should take all the necessary measures to promote the prevention, investigation and sanction of acts of hate crimes, hate speech and harassment against minorities and religious communities, especially Roma and Muslims, through the full implementation of the existing legislation and through nationwide awareness-raising campaigns targeting minorities, religious groups, and the population at large. The State party should implement a policy of zero tolerance on violent and discriminatory practices against children and adults with disabilities in medical settings and take the necessary measures to guarantee the effective and thorough investigation of all allegations of torture and ill-treatment, and the adequate prosecution and sanction of the alleged perpetrators. The State party should also set up and implement psycho-social rehabilitation programmes for institutionalized persons.

Kazakhstan

After examining the initial report of Kazakhstan, the Committee was pleased to note the following legislative and institutional steps taken by the State party: the establishment of the National Commission on Women’s Affairs and Family and Demographic Policy; and the enactment of the Act on State Guarantees of Equal Rights and Opportunities for Men and Women of 2009. The Committee welcomed the ratification by the State party of the following international instruments: the International Convention for the Protection of All Persons from Enforced Disappearance on 27 February 2009; the Optional Protocol to the International Covenant on Civil and Political Rights on 30 June 2009; the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on 22 October 2008; and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime on 31 July 2008.

While the Committee appreciated the State party’s need to adopt measures to combat acts of terrorism, including the formulation of appropriate legislation to punish such acts, it regretted reports that law enforcement officials targeted vulnerable groups such as asylum seekers, and members of Islamic groups in their activities to combat terrorism. The Committee expressed concern at the prevalence of violence against women, and that the Domestic Violence Act did not encourage women to report incidents of violence against them. The Committee also expressed concern at the increased number of children that died as a result of domestic violence. The Committee expressed concern at increased reports of torture and the low rate of investigations by the Special Prosecutors (Special Procurators) of allegations of torture. The Committee was also concerned that the maximum penalty for torture resulting in death under article 347-1 of the Criminal Code (10 years imprisonment) was too low. The Committee regretted the increase in the number of reported crimes related to trafficking in human beings as well as the increase in the number of children employed in cotton and tobacco fields. The Committee expressed concern at reports that corruption was widespread in the judiciary. The Committee also expressed its concern at the lack of an independent judiciary in the State party and at the conditions for the appointment and dismissal of judges, which do not guarantee the proper separation of powers between the executive and the judiciary.

The Committee recommended that the State party should adopt measures to ensure that the activities of its law enforcement officials in the fight against terrorism did not target individuals solely based on their status or religious belief and manifestation. In this regard, the State party should compile comprehensive data, to be included in its next periodic report, on the implementation of anti-terrorism legislation, and how it affected the enjoyment of rights under the Covenant. The Committee urged the State party to adopt a comprehensive approach to preventing and addressing violence and domestic violence against women in all its forms and manifestations including through awareness-raising on its harmful effects. The State party should ensure that cases of violence against women were thoroughly investigated and that the perpetrators were prosecuted, and if convicted, punished with appropriate sanctions, and provide the victims with adequate reparations. The State party should take appropriate measures to put an end to torture by, inter alia, strengthening the mandate of “Special Procurators” to carry out independent investigations of alleged misconduct by law enforcement officials. The State party should strengthen its efforts to combat trafficking in human beings by ensuring that efforts were directed towards establishing and dealing with the root causes of trafficking. Furthermore, the State party should ensure that children were protected from the harmful effects of child labour. In this regard, the State party should ensure that all cases of human trafficking and use of child labour were effectively investigated and that perpetrators were prosecuted and punished with appropriate sanctions, and that the victims were adequately compensated. The State party should take measures to eradicate all forms of interference with the judiciary, and ensure prompt, thorough, independent and impartial investigations into all allegations of interference, including by way of corruption; and prosecute and punish perpetrators, including judges who may be complicit.

Members of the Committee

The States parties to the Covenant elect the Committee's 18 expert members who serve in their individual capacity 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); Lazhari Bouzid (Algeria); Christine Chanet (France); Mahjoub El-Haiba (Morocco); Ahmad Amin Fathalla (Egypt); Cornelis Flinterman (the Netherlands); Yuji Iwasawa (Japan); Hellen Keller (Switzerland); Rajsoomer Lallah (Mauritius); Zonke Zanele Majodina (South Africa); Iulia Antoanella Motoc (Romania); Gerarld Neuman (United States); Michael O'Flaherty (Ireland); Rafael Rivas Posada (Colombia); Nigel Rodley (United Kingdom); Fabian Omar Salvioli (Argentina); Krister Thelin (Sweden); and Margo Waterval (Suriname).


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CT11/015E