HUMAN RIGHTS COMMITTEE CONCLUDES ONE-HUNDRETH AND THIRD SESSION

The Human Rights Committee concluded this afternoon its one-hundredth and third session, during which it considered and adopted concluding observations and recommendations on reports submitted by Iran, Jamaica, Kuwait and Norway. The Committee also considered the human rights situation in Malawi in private in the absence of a report.

In concluding observations on the third periodic report of Iran, the Committee welcomed legislative and institutional steps taken by the State party. The Committee remained deeply concerned about the extremely high number of death sentences pronounced and carried out in Iran and the large number of capital crimes and execution methods, and the continued use of public executions. The Committee recommended considering abolishing the death penalty or at least revising the Penal Code to restrict the imposition of the death penalty to only the “most serious crimes”, and to prohibit the use of public executions.

Among positive aspects in the third periodic report of Jamaica, the Committee welcomed the enactment of legislation and the ratification of international human rights instruments. While noting the progress made by the State party by lifting the mandatory death sentence for certain crimes in 2005, the Committee remained concerned that the State party did not intend to abolish the death penalty. The Committee encouraged Jamaica to abolish the death penalty and to accede to the Second Optional Protocol to the Covenant.

In concluding observations on the second periodic report of Kuwait, the Committee welcomed the adoption of legislation giving women the right to vote and to stand for elections, and the ratification of international instruments. However, the Committee was concerned about the underrepresentation of women in legislative and executive bodies and persisting stereotypes of the role of women in the family and in society at large. Kuwait should enhance its efforts to eliminate gender stereotypes on the role and responsibilities of men and women in the family and in society.

With regards to the sixth periodic report of Norway, the Committee welcomed the enactment of legislation and the amendments to the Children Act in 2010 to proscribe light forms of corporal punishment. The Committee remained concerned about reports of excessive use of coercive force on psychiatric patients and of poor mechanisms of the Control Commissions in monitoring mental health care institutions. Norway should strengthen its monitoring and reporting system of mental health care institutions so as to prevent abuses.

The full text of the Committee's concluding observations on the reports submitted by Iran, Jamaica, Kuwait and Norway can be accessed at the following address:
http://www2.ohchr.org/english/bodies/hrc/hrcs103.htm

During the session, the Committee discussed its working methods, addressing the lists of questions posed during the examinations to State parties and national follow-ups to the Committee’s recommendations. The Committee also discussed proposed amendments to rules of procedure, the next General Comment and the United Nations greening policy for a reduction in the use of paper. The Committee unanimously adopted amendments to Article 70 of the Committee’s rules of procedure, meaning any examination of a State party in the absence of a report should take place in a public meeting. The Committee held public meetings to consider progress reports on follow-up to its concluding observations and on follow-up to individual communications.

At the final meeting this afternoon, Zonke Zanela Majodina, the Chairperson of the Committee, said that after private meetings on individual communications, two were discontinued, five received an inadmissibility decision and there were 15 Views of violations. The Bureau had decided to follow the practice of other treaty bodies and to adopt its annual report during its meeting in March. During the session, the Committee also held a public meeting concerning individual complaints against Algeria, Iceland, the Philippines, Cameroon, Kyrgyzstan, Russian Federation, Canada, Nepal, Serbia, Australia, Azerbaijan and Greece.

During its next session, to be held from 12 to 30 March 2012 in New York, the Human Rights Committee is scheduled to consider reports from Mozambique, Dominican Republic, Guatemala, Turkmenistan and Yemen.

Concluding Observations on Country Reports

Iran

With regards to the third periodic report of Iran, the Committee welcomed the following legislative and institutional steps taken by the State party: the signing of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict in September 2010; the accession to the Convention on the Rights of Persons with Disabilities in October 2009; the accession to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in September 2007; and the ratification of the Convention on the Rights of the Child in July 1994.

The Committee was concerned that the status of international human rights treaties in domestic law was not specified in the legal system. It continued to be deeply concerned about the extremely high number of death sentences pronounced and carried out in the State party, the wide range and often vague definition of offences for which the death penalty was applied, and the large number of capital crimes and execution methods. The Committee was also concerned about the continued use of public executions; the high incidence of state executions in ethnic minority areas; and the continuing inequality of women with regard to marriage, family and inheritance matters; reports of the widespread use of torture and cruel, inhuman or degrading treatment in detention facilities; that coerced confessions had been used as the primary evidence to obtain convictions in court; and that there had not been a full, impartial and independent investigation into allegations of killings, torture and other ill-treatment during and following the 12 June 2009 presidential elections.

The State party should ensure effective implementation and application of Covenant provisions and should consider abolishing the death penalty or at least revise the Penal Code to restrict the imposition of the death penalty to only the “most serious crimes”, and prohibit the use of public executions. The State party should abolish the requirement of a father’s or paternal grandfather’s approval to legalize a marriage, grant women the equal power to divorce, equal custody rights to the mother, accord guardianship over a child to the mother in the case of the father’s death, grant women the same inheritance rights as men, remove the legal obligation for a woman to be obedient and the requirement of a husband’s approval when a woman intended to leave the country, prohibit polygamy, and remove the power of a man to prohibit his wife from entering employment; and should adopt legislation giving Iranian women the right to transmit their nationality to their children. The State party should ensure that an inquiry was opened in each case of alleged torture and cruel, inhuman or degrading treatment in detention facilities; ensure that effective reparation was granted to every victim; that no one was coerced into testifying against themselves or others or to confess guilt and that no such “confession” was accepted as evidence in court; and establish a full, impartial and independent investigation into allegations of killings, torture and other ill-treatment during and following the 12 June 2009 presidential elections and prosecute those officials found responsible.

Jamaica

After examining the third periodic report submitted by Jamaica, the Committee welcomed the following legislative and institutional steps taken by the State party: the enactment of the Trafficking in Persons Act of 2007; the enactment of the Child Care and Protection Act of 2004; and the establishment of the Independent Commission of Investigations (INDECOM) in 2010. The Committee also welcomed the ratification of the following international human rights instruments: the Convention on the Rights of Persons with Disabilities on 30 March 2007; and the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography on 26 August 2011.

The Committee was concerned that the State party did not intend to re-accede to the Optional Protocol to the Covenant, providing the Committee with the competence to examine individual complaints. While welcoming the adoption of the Charter of Fundamental Rights and Freedoms in April 2011, the Committee regretted that the right to freedom from discrimination was now expressed on the grounds of ‘being male or female’, failing to prohibit discrimination on grounds of sexual orientation and gender identity; and was also concerned that the State party continued to retain provisions which criminalised consensual same-sex relationships, thus promoting discrimination against homosexuals. The Committee regretted the continued reports of cases of extrajudicial executions by law enforcement officers. It further regretted that allegations of extra-judicial killings had, in most cases, not been effectively investigated. The Committee was also concerned at reports of excessive use of force by law enforcement personnel. While noting the progress made by the State party by lifting the mandatory death sentence for certain crimes in 2005, and that the State party had not carried out judicial executions since 1988, the Committee was concerned that the State party did not intend to abolish the death penalty.

The State party should re-consider its decision not to re-accede to the Optional Protocol to the Covenant and should amend its laws with a view to prohibiting discrimination on the basis of sex, sexual orientation and gender identity and decriminalize sexual relations between consenting adults of the same sex, in order to bring its legislation into line with the Covenant and put an end to prejudices and the social stigmatization of homosexuality. The State party should closely monitor allegations of extrajudicial killings and ensure that all such allegations were investigated in a prompt and effective manner with a view to eradicating such crimes, bringing perpetrators to justice and hence fighting impunity, and providing effective remedies to victims. In this regard, the State party should ensure the Independent Commission of Investigations (INDECOM) was adequately resourced to be able to carry out independent and effective investigations into alleged cases of extra-judicial killings and assaults by law enforcement personnel. The Committee encouraged the State party to abolish the death penalty and to accede to the Second Optional Protocol to the Covenant.

Kuwait

Concerning the second periodic report of Kuwait, the Committee welcomed the following legislative and institutional steps taken by the State party: the adoption of Act 17 of 2005 giving women the right to vote and to stand for elections, and the following election of women as members of the Parliament in 2009. The Committee welcomed the ratification of the following international instruments: the Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, in 2004; and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, in 2006.

The Committee noted the State party’s commitment to further improve its legislation and policies to fully implement its obligations under the Covenant. Nonetheless, the Committee was concerned about the lack of clarity on the primacy of the Covenant over conflicting or contradictory national legislation, including both Sharia law and matters not based in Sharia law; and regretted the limited information on domestic court decisions which make reference to provisions of the Covenant. Despite the progress achieved with respect to the participation of women in political life, the Committee remained concerned about their underrepresentation in legislative and executive bodies; persisting stereotypes of the role of women in the family and in society at large. The Committee was concerned that the rights of women were affected by discriminatory provisions that were maintained in the current legislation. In particular; and that the testimonies of women before the courts had less value than those of men. The Committee regretted the lack of legislation criminalizing torture and other cruel, inhuman or degrading treatment in accordance with international standards.

The State party should guarantee the full implementation of its obligations under the Covenant within the national legal framework; and take appropriate measures to ensure that domestic laws, including those based on Sharia, were interpreted and applied in ways compatible with its obligations under the Covenant. The State party should enhance its efforts to eliminate gender stereotypes on the role and responsibilities of men and women in the family and in society, and should take immediate steps to ensure that the position of judge was effectively accessible to women. The State party should undertake a comprehensive review of existing laws to repeal all discriminatory provisions that affect gender equality; should engage in official and systematic awareness raising campaigns in order to eradicate polygamy; and should amend its legislation and practice to ensure that judicial authorities always gave women’s testimonies the same legal and practical value as their male counterparts. The State party should adopt in its legislation a definition of torture that fully complied with articles 1 and 4 of the Convention against Torture, and with article 7 of the Covenant; and ensure that any act of torture or cruel, inhuman or degrading treatment was prosecuted and penalized in a manner commensurate with its gravity.

Norway

With regards to the sixth periodic report of Norway, the Committee welcomed the following legislative and institutional steps taken by the State party: the amendments to the Children Act in 2010 to proscribe light forms of corporal punishment; the enactment of the Media Ownership Act in 2004; the enactment of Act No. 41 of 2008 on Editorial Freedom in the Media; the adoption of an action Plan to Promote Equality and Prevent Ethnic Discrimination for 2009-2012; the Action Plan for Combating Female Genital Mutilation 2008-2011; and the Action Plan against Forced Marriages 2008-2011.

The Committee welcomed the reflection by the State party on how better to address human rights within its constitutional framework. While welcoming the existence of the National Centre for Human Rights, the Committee was concerned that the on-going restructuring of the National Centre for Human Rights may negatively affect its capacity to discharge its functions in accordance with the Paris Principles. The Committee was concerned at reports of excessive use of coercive force on psychiatric patients and of poor mechanisms of the Control Commissions in monitoring mental health care institutions. The Committee regretted that the State party had not withdrawn its reservation to article 20, para.1 of the Covenant and further regretted the persistence of hate speech against the Sami people, as well as xenophobic, anti-Semitic and Islamophobic statements. While noting that the conditions for the receipt of residence permits and family reunification have the objective of preventing forced marriages, the Committee was concerned that the excessive breadth of the conditions may adversely affect the enjoyment of the right to family life, marriage and the choice of spouse.

The State party should ensure that Covenant rights, including the right to an effective remedy, were adequately taken into account in its constitutional framework; that the current restructuring of the National Centre for Human Rights should effectively transform the current institution with the view to confer on it a broad mandate in human rights matters and that the new institution will be fully compliant with the Paris Principles. The State party should take concrete steps to put an end to the unjustified use of coercive force and restraint of psychiatric patients; and ensure that any decision to use coercive force and restraint should be made after a thorough and professional medical assessment that determined the amount of coercive force or restraint to be applied to a patient. Furthermore, the State party should strengthen its monitoring and reporting system of mental health care institutions so as to prevent abuses. The State party should consider withdrawing its reservation to article 20, and should continue and intensify its efforts to raise awareness to promote tolerance and diversity in society. Law enforcement officials should be trained to detect and prosecute hate speech that constituted an offence. The Committee urged the State party to assess the impact of the new conditions for such permits on the enjoyment of the right to family life, marriage and choice of spouse.

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); Ahmad Amin Fathalla (Egypt); Cornelis Flinterman (the Netherlands); Yuji Iwasawa (Japan); 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). Following the resignation of Helen Keller (Switzerland) and Mahjoub El Haiba (Morocco), both effective 30 September 2011, the Secretary-General announced the vacant positions and called for elections which will take place in New York on 16 January 2012.

The Committee Chairperson is Zonke Zanele Majodina; and the Vice-Chairpersons are Yuji Iwasawa, Michael O'Flaherty and Fabian Omar Salvioli.


For use of the information media; not an official record

CT11/026E