HUMAN RIGHTS COMMITTEE CONCLUDES NEW YORK SESSION AFTER HAVING CONSIDERED COMPLIANCE REPORTS SUBMITTED BY FOUR STATES PARTIES

The Human Rights Committee, the United Nations expert body that monitors implementation of the International Covenant on Civil and Political Rights, concluded its three-week session at Headquarters in New York today, having taken up the compliance reports of Tunisia, Botswana, the former Yugoslav Republic of Macedonia and Panama.

During its busy ninety-second session, the Committee also continued its work to produce a draft general comment on the obligations of States parties under the Optional Protocol to the treaty, which provides for confidential consideration of communications from individuals claiming to have suffered violations of any rights proclaimed in the Covenant.

The Committee also continued to examine its working methods, considering matters related to revising the guidelines for State reports under the Covenant, raising the 18-member body’s profile in the media and public spheres, and enhancing the dissemination of its concluding comments. In addition, the respective country report task forces considered and adopted a list of issues concerning compliance reports submitted by Japan, France, Nicaragua and Ireland.

Today, Committee Secretary Patrice Gillibert read out the results of the experts’ consideration of cases under the Optional Protocol, as follows: three communications had been declared admissible; 11 had been declared inadmissible; nine statements had been considered on violations; there had been three findings of non-violation; and the decision had been taken to discontinue consideration of communications in eight cases.

Wrapping up its 18 March consideration of Tunisia’s fifth periodic compliance report and welcoming progressive Tunisian legal reforms that offered better protection for human rights, the Committee nevertheless encouraged the Government of the North African country to take seriously -- and proactively address -- persistent allegations of torture or ill-treatment by prison officials, curbs on freedom of association and expression, and intimidation of human rights defenders.

Tunisia’s Minister for Justice and Human Rights, who headed the country’s delegation, said that, while the Government took the issue of ill-treatment very seriously, many such claims were untrue and the Committee had itself acknowledged allegations of torture as being false. The existence of an organized campaign to accuse Tunisia of ill-treatment did not mean that such acts were being committed. The authorities acknowledged the possibility of individual violations and did not hesitate to sanction those responsible. Moreover, the Government intended to invite the Special Rapporteur on Torture to visit Tunisia.

As it took up Botswana’s initial compliance report, the experts questioned a high-level Government delegation from the Southern African nation on such issues as under-age marriage governed by customary law, equal participation of women and tribal groups in politics and society, the resettlement of people living in the Central Kalahari Game Reserve, and the consideration of a possible moratorium on the death penalty as a first step towards abolition.

“Nothing is cast in stone,” Botswana’s Minister for Justice, Defence and Security assured the Committee, expressing his hope for continued dialogue on those and other issues raised. On one such issue, he stressed that, while there had been cases of under-age marriage, no customary court would censure a girl who refused to be married. Furthermore, the registration of customary-law marriages would be required under a new law, so that the minimum age requirement of 18 years could be enforced. The delegation agreed with the Committee that Botswana’s customary laws should comply with the provisions of the Covenant.

While noting Panama’s ongoing efforts to promote the fundamental rights of all its citizens as they reviewed that country’s third periodic compliance report, the Committee’s experts expressed concern that the Government’s recognition of the need for reform had not been matched by actual improvements in the judicial and penal institutions, especially in light of reports that prolonged pre-trial detention was common, and that overall prison conditions remained harsh.

As head of the delegation, the Permanent Representative of Panama to the United Nations in Geneva assured the experts that justice-system reform was under way and a new Penal Code to be adopted in early May reflected social changes and international norms. Acknowledging recent reports detailing difficulties in Panamanian prisons, another member of the delegation said that problems like unsanitary drinking water, severe overcrowding and lack of rehabilitation programmes had prompted the enactment of a number of initiatives to tackle those issues. Yet, overcrowding could not be solved overnight, he added.

During the Committee’s daylong review of the second periodic report of the former Yugoslav Republic of Macedonia, the experts noted the positive steps taken by the Government to improve human rights protections, including refining the roles of the Ombudsman and relevant ministries, and tightening penalties for domestic violence and trafficking. At the same time, however, they raised concerns about gaps in the implementation of programmes to curb corruption, societal violence and discrimination against women and ethnic minorities.

Introducing the country’s report, the Minister for Justice stressed the Government’s “zero-tolerance” policy towards corruption and its determination to step up the fight against organized crime. The necessary legislative amendments had been made, the State Programme on the Prevention of Corruption had been created and its accompanying action plan had been implemented. As for the image of women in society, another member of the delegation highlighted the efforts being made to eliminate certain long-held stereotypes. Among other measures, local officials were being educated on gender issues and, because the media played a vital part in reinforcing or changing stereotypes, editors and journalists were being invited to workshops held by the regional “Women Can Do It” campaign.

In accordance with its traditional practice, the Human Rights Committee will return to Geneva for its next session, during which it is expected to consider the compliance reports of France, San Marino, Ireland and the United Kingdom.