HUMAN RIGHTS COMMITTEE CONCLUDES EIGHTY-FIFTH SESSION
The Human Rights Committee concluded today its eighty-fifth session during which it considered and adopted concluding observations and recommendations on the reports submitted by Canada, Paraguay, Italy and Brazil on how they implement the provisions of the International Covenant on Civil and Political Rights.
The Governments of the four countries sent delegations to answer questions raised by Committee Experts in keeping with their obligations as States parties to the Covenant. There are 155 States parties to the Covenant.
After considering the fifth periodic report of Canada, the Committee noted with appreciation that Canada acceded to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women in 2002. While noting with interest Canada’s undertakings towards the establishment of alternative policies to extinguishment of inherent aboriginal rights in modern treaties, the Committee remained concerned that these alternatives could in practice amount to extinguishment of aboriginal rights. The Committee considered that the State party should adopt a more precise definition of terrorist offences, so as to ensure that individuals will not be targeted on political, religious or ideological grounds, in connection with measures of prevention, investigation and detention.
With regard to the second periodic report of Paraguay, the Committee welcomed the abolition of the death penalty and that Paraguay had ratified the Statues of the International Criminal Court and other international instruments. The Committee took note with concern of the continuing common practice of excessive recourse to force, including beatings and deaths of persons, perpetrated by security agents and by prison staff. Whilst welcoming the creation of the Truth and Reconciliation Commission, the Committee underlined the necessity for Paraguay to ensure that this Commission enjoyed enough time and resources to fulfil its mandate. It should also ensure that allegations of use of excessive force should be investigated thoroughly, the guilty be punished, and the victims receive a just and adequate indemnity.
Concerning the fifth periodic report of Italy, the Committee welcomed the State party’s position that the guarantees of the Covenant apply to the acts of Italian troops or police officers who are stationed abroad, whether in a context of peace or armed conflict. The Committee was concerned about reports of abuses committed by members of law enforcement agencies against vulnerable groups, in particular Roma, foreigners and Italians of foreign origin, and remained concerned about reported instances of hate speech targeting foreign nationals, Arabs and Muslims, as well as the Roma. The State party should establish an independent national human rights institution, in accordance with the Paris Principles, and recall regularly and publicly that hate speech is prohibited under the law, and take prompt action to bring those responsible to justice.
In its concluding observations on the second periodic report of Brazil, the Committee welcomed institutional measures to protect human rights in the State party, namely, the establishment of Police Ombudsmen’s Offices and "Legal Desks" to provide legal advice and civil documentation to indigenous and rural communities, as well as the "Brazil Without Homophobia" programme, and the "Plan Against Violence in the Countryside". The Committee was concerned about the widespread use of excessive force by law enforcement officials, the use of torture to extract confessions from suspects, the ill-treatment of detainees in police custody, and extra-judicial execution of suspects, and was concerned that such gross human rights violations were not investigated properly. The State party should ensure that the military police were subject to the institutions and procedures of judicial and civilian accountability.
During the session, the Committee considered communications from individuals submitted to it under the first Optional Protocol to the Covenant. The Protocol, for the 105 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. The Committee's conclusions on cases considered during the session will be released at a later date.
The Committee also held during the session a discussion on its revised General Comment on article 14 of the International Covenant on the principle of equality before justice.
During its concluding meeting, the Committee briefly discussed follow-up to communications, hearing a report by the Special Rapporteur on follow-up to communications, Nisuke Ando. The report compiles information received from States Parties and authors between the eighty-fourth session of the Committee, which took place from 11 to 29 July 2005, and 7 October 2005. Countries featured in the report were Australia, Canada, Colombia, Libya, and Spain. Mr. Ando also met with representatives of Czechoslovakia and Sri Lanka during the course of the session. Other Committee Experts then made comments and suggestions concerning action to be taken with regards to the various situations.
The next session of the Committee will take place from 13 to 31 March 2006 in New York, at which time the Committee will consider reports from Norway, the Democratic Republic of the Congo and Hong Kong. It will also consider the situation of St Vincent and the Grenadines in the absence of a report.
CONCLUDING OBSERVATIONS ON COUNTRY REPORTS
Canada
The Committee welcomed the timely submission of Canada’s fifth periodic report, which was elaborated in conformity with the reporting guidelines, and contained information on national jurisprudence and relating to the Committee’s previous concluding observations. The Committee further appreciated the attendance of a delegation composed of experts in various fields relevant to the Covenant, some of them coming from provinces, and welcomed their efforts to answer to the Committee’s written and oral questions. The Committee noted with appreciation that Canada acceded to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women in 2002, and ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in 2005.
The Committee noted with concern that many of the recommendations it addressed to the State party in 1999 remained unimplemented. It also regretted that the Committee’s previous concluding observations had not been distributed to members of Parliament and that no parliamentary committee had held hearings on issues arising from the Committee’s observations, as anticipated by the delegation in 1999. The Committee noted with concern the State party’s reluctance to consider that it is under an obligation to implement the Committee’s requests for interim measures of protection. While noting with interest Canada’s undertakings towards the establishment of alternative policies to extinguishment of inherent aboriginal rights in modern treaties, the Committee remained concerned that these alternatives could in practice amount to extinguishment of aboriginal rights. The Committee, while noting the responses provided by the State party in relation to the preservation, revitalization and promotion of Aboriginal languages and cultures, remained concerned about the reported decline of Aboriginal languages in Canada, and also expressed concern about the wide definition of terrorism under the Anti-Terrorism Act. The Committee was concerned by the rules and practices governing the issuance of "security certificates" under the Immigration and Refugee Protection Act, enabling the arrest, detention and expulsion of immigrants and refugees on grounds of national security.
The Committee considered that the State party should adhere to its obligations under the Covenant and the Optional Protocol, in accordance with the principle of pacta sunt servanda, as well as re-examining its policy and practices to ensure they do not result in extinguishment of inherent aboriginal rights. The State party should increase its efforts for the protection and promotion of Aboriginal languages and cultures. It should provide the Committee with statistical data or an assessment of the current situation, as well with information on action taken in the future to implement the recommendations of the Task Force on Aboriginal Languages and on concrete results achieved. The State party should ensure that the relevant human rights legislation is amended at federal, provincial and territorial level and its legal system enhanced, so that all victims of discrimination have full and effective access to a competent tribunal and to an effective remedy. The State party should adopt a more precise definition of terrorist offences, so as to ensure that individuals will not be targeted on political, religious or ideological grounds, in connection with measures of prevention, investigation and detention. The State party should review the Canada Evidence Act so as to guarantee the right of all persons to a fair trial, and in particular, to ensure that individuals cannot be condemned on the basis of evidence to which they, or those representing them, do not have full access. The State party, bearing in mind the Committee’s General Comment 29 (2001) on states of emergency, should in no case invoke exceptional circumstances as justification for deviating from fundamental principles of fair trial.
Paraguay
In its final observations on the second periodic report of Paraguay, the Committee welcomed the abolition of the death penalty and the ratification without reservation of the Second Optional Protocol to the Convention. It also welcomed the fact that Paraguay had ratified the Statues of the International Criminal Court and other international instruments. It also took note with satisfaction of the legislative reforms undertaken by Paraguay to bring its legislation into conformity with the provisions of the Convention, in particular with regards to the adoption of the new Criminal Code and the Code on children and adolescents. The Committee also appreciated that non-governmental organizations had access to places of detention and internment.
The Committee regretted that discrimination against women persisted in practice, in particular with regards to working conditions. Whilst welcoming the adoption of the law against domestic violence, the Committee also regretted the persistence of this phenomenon, in particular sexual abuse, and the impunity enjoyed by perpetrators. The Committee was also concerned by the high levels of maternal and infant death, in particular in rural areas. It also reiterated its concern on overly-restrictive legislation with regards to abortion, which resulted in women undertaking perilous and illegal forms of abortion, with considerable risk to their health and life. The Committee also took note with concern of the continuing common practice of excessive recourse to force, including beatings and deaths of persons, perpetrated by security agents and by prison staff. The fact that the majority of members of the national police force bought their weapons themselves without the State exercising any control was also a matter for concern. The Committee also regretted that none of the 56 cases of torture that were investigated by the Government had resulted in prosecution of the perpetrators. The persistence of trafficking in women and children for purposes of sexual exploitation was also of concern.
Whilst welcoming the creation of the Truth and Reconciliation Commission, the Committee underlined the necessity for Paraguay to ensure that this Commission enjoyed enough time and resources to fulfil its mandate. The Committee also recommended that Paraguay adopt effective measures to reduce the levels of infant and maternal mortality, in particular by revising legislation on abortion in order for this to be in conformity with the Convention, and by improving access to contraceptive methods, in particular in rural areas. The State party should provide and verify all weapons belonging to the police forces, and provide adequate human rights education to all members of these forces. It should also ensure that allegations of use of excessive force should be investigated thoroughly, the guilty be punished, and the victims receive a just and adequate indemnity. Paraguay should make every effort to eradicate the persistent practice of recruitment of children into the armed forces. The Committee also urged the State party to improve conditions in jails, take effective measures to ensure the independence of the judiciary, modify its legislation to provide for the right to demonstrate freely, and to increase the speed for the return of traditional lands to indigenous peoples.
Italy
The Committee welcomed the submission of Italy’s fifth periodic report, which was elaborated in conformity with the reporting guidelines, as well as the written responses to the Committee’s list of issues. It further appreciated the attendance of a delegation composed of numerous experts in various fields relevant to the Covenant and acknowledged their efforts to answer the Committee’s oral questions. The Committee welcomed the State party’s position that the guarantees of the Covenant apply to the acts of Italian troops or police officers who are stationed abroad, whether in a context of peace or armed conflict, and also welcomed the amendments to article 51 of the Constitution, allowing for the adoption of special measures to ensure equal rights for men and women. The Committee noted with appreciation that, in 2005, the State party amended its legislation to ensure that, in cases of judgments by default, the convicted person had the possibility of reopening the matter to challenge the decision, except when he/she was promptly informed about the proceedings.
The Committee, while welcoming the delegation’s announcement that the State party was now in a position to withdraw some of its reservations to the Covenant, regretted that the withdrawal of reservations to articles 14(3), 15(1) and 19(3) was not part of this process. The Committee noted that the State party had not yet established a national human rights institution. While appreciating the adoption of Act 149/2001, allowing in particular the judicial authorities to order expulsion of the perpetrator of domestic violence from the family home, the Committee regretted that the State party did not provide information on the practical implementation of such legislation, as well as statistical data on complaints, prosecutions and sentences in matters of domestic violence. The Committee, while welcoming the fact that criminal proceedings were brought against officers of the State Police in relation, in particular, to demonstrations in Naples and Genoa in 2001, was concerned about the reported persistence of ill-treatment by police forces in Italy. The Committee was concerned about reports of abuses committed by members of law enforcement agencies against vulnerable groups, in particular Roma, foreigners and Italians of foreign origin. The Committee, while noting the initiatives adopted by the State party to combat racial discrimination and intolerance, remained concerned about reported instances of hate speech, including statements attributed to certain politicians, targeting foreign nationals, Arabs and Muslims, as well as the Roma.
The State party was encouraged to pursue the in-depth review process it started in May 2005 to assess the status of its reservations to the Covenant, with a view to withdrawing them all. The State party should establish an independent national human rights institution, in accordance with the Paris Principles. Consultations with civil society should be organized to this end. The State party should increase its efforts to eliminate gender-based discrimination; towards the elimination of domestic violence; and to ensure that prompt and impartial investigations were carried out wherever there was reasonable ground to believe that an act of ill-treatment had been committed by one of its agents. The State party should also keep the Committee informed about the trials of State officials in relation to the events in Naples and Genoa in 2001. The State party should take immediate action in order to put an end to these abuses, and to monitor, investigate and, when appropriate, prosecute police who ill-treated vulnerable groups. The State party should recall regularly and publicly that hate speech was prohibited under the law, and take prompt action to bring those responsible to justice.
Brazil
The Committee welcomed the second periodic report submitted by Brazil, while regretting that it was presented more than 8 years after the examination of the initial report, and the extensive responses to the list of issues in written form, which facilitated the discussion between the delegation and Committee members. In addition, the Committee appreciated the delegation’s oral responses given to questions raised and to concerns expressed during the consideration of the report. The Committee welcomed the campaign for civil registration of births, needed, inter alia, to facilitate and ensure full access to social services. The Committee welcomed institutional measures to protect human rights in the State party, namely, the establishment of Police Ombudsmen’s Offices and "Legal Desks" to provide legal advice and civil documentation to indigenous and rural communities, as well as the "Brazil Without Homophobia" programme, the "Afro-Attitude" programme to support black students in public universities and the "Plan Against Violence in the Countryside".
While noting the adoption of various programmes and plans to promote the appreciation of human rights, including dialogues and education, the Committee regretted the general absence of specific data to permit the evaluation of practical enjoyment of human rights, especially with regard to alleged violations in the States of the Federative Republic of Brazil. The Committee was concerned about the slow pace of demarcation of indigenous lands, the forced evictions of indigenous populations from their land and the lack of legal remedies in order to reverse these evictions and compensate the victimized populations for the loss of their residence and subsistence. While acknowledging the federal structure of Brazil, the Committee was disturbed by the failure of the judiciary in some states of the Federation to act against human rights violations. The Committee was concerned about the low-level of participation of women, Afro-Brazilians, and indigenous peoples in public affairs, and their disproportionately limited presence in the political and judicial life of the State party. The Committee was concerned about the widespread use of excessive force by law enforcement officials, the use of torture to extract confessions from suspects, the ill-treatment of detainees in police custody, and extra-judicial execution of suspects. It was concerned that such gross human rights violations committed by law enforcement officials were not investigated properly and that compensation to victims had not been provided, thus creating a climate of impunity.
The State party should provide detailed information regarding the effectiveness of programmes, plans and other measures taken to protect and promote human rights, and was encouraged to strengthen mechanisms to monitor the performance of those measures at the local level. The State party should accelerate the demarcation of indigenous lands, and provide effective civil and criminal remedies for deliberate trespass on those lands. The State party should create appropriate mechanisms to monitor the performance of the judiciary at the State level, in order to fulfil its international obligations under the Covenant. The State party should increase its efforts to sensitise the judiciary, especially at the State level, to the need to take seriously and deal effectively with allegations of human rights violations. The State party should ensure that the military police were subject to the institutions and procedures of judicial and civilian accountability. The ordinary courts should have criminal jurisdiction over all serious human rights violations committed by the military police, including allegations of excessive use of force and manslaughter, as well as intentional murder.
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. 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); Nisuke Ando (Japan); Prafullachandra Natwarlal Bhagwati (India); Alfredo Castillero Hoyos (Panama); Christine Chanet (France); Franco Depasquale (Malta); Maurice Glèlè-Ahanhanzo (Benin); Walter Kälin (Switzerland); Ahmed Tawfik Khalil (Egypt); Rajsoomer Lallah (Mauritius); Rafael Rivas Posada (Colombia); Sir Nigel Rodley (United Kingdom of Great Britain and Northern Ireland); Martin Scheinin (Finland); Ivan Shearer (Australia); Hipolito Solari-Yrigoyen (Argentina); Ruth Wedgwood (United States of America); Roman Wieruszewski (Poland); and Maxwell Yalden (Canada).
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