HUMAN RIGHTS COMMITTEE DISCUSSES FOLLOW-UP TO VIEWS, FOLLOW-UP TO CONCLUDING OBSERVATIONS AND METHODS OF WORK
The Human Rights Committee this morning discussed an update by the Rapporteur on Follow-Up to Views as well a progress report by the Rapporteur on Follow-up to Concluding Observations. The Committee also addressed its methods of work.
Victor Manuel Rodriguez-Rescia, Committee Member and Rapporteur on Follow-Up to Views, presented updates to the progress report on follow-up to views. The latest considered cases included Russia and Spain. For Russia, no response had been given and thus no assessment was warranted. On Spain, Mr. Rodriguez-Rescia informed that the Ombudsman had sent a note proposing that the State party not apply the Committee’s recommendations. The Office of the High Commissioner and the Meeting of the Chairpersons of Treaty Bodies had been duly informed. No response had been received from Ukraine on the Pustovoit case, so the Committee’s recommendation was to continue with the ongoing dialogue and encourage the State to provide its comments. The Committee adopted the information on the Torres Rodriguez case from Uruguay. No response had been received from Uzbekistan regarding the Musaev case, hence a reminder should be sent to the State in that regard.
Mr. Rodriguez-Rescia said that the methodology was to invite States even when they did not provide responses, all with the view of keeping the dialogue open. The lack of response ought to be assessed negatively, said Fabian Omar Salvioli, the Committee Chairperson, and stressed that the methodology would be revised at the Committee’s October session. The Rapporteur informed that in March, meetings had been held with the Permanent Missions of Libya, the Philippines and Sri Lanka. The latter two had expressed good will to cooperate, while Libya had been asked to provide additional information on the cases considered.
The Committee then proceeded to adopt the full report as presented by the Special Rapporteur.
Sarah Cleveland, Committee Member and Rapporteur on Follow-up to Concluding Observations, presented a draft report on follow-up to the concluding observations of the Human Rights Committee. She expressed disappointment that very little input had been received from civil society in this round.
In the case of Germany, Ms. Cleveland informed that the transfer of asylum seekers from Germany to Greece remained suspended, as recommended, which warranted an “A” grade. Regarding the use of physical restraint in residential homes, no information had been provided on investigations and appropriate sanctions for those responsible for violating legal provisions. It was not clear to which extent the State party had taken actions requested by the Committee.
On Hong Kong Special Administrative Region of China, the Committee regretted that the Legislative Council had vetoed proposals for selecting the Chief Executive by universal suffrage by 2017. The Committee reiterated its recommendation that the State party withdraw its reservation to article 25 (b) of the Covenant. Regarding ensuring that all workers enjoyed their basic rights independently of their migrant status, the State party had informed that it would not repeal the live-in requirement, which was regrettable. The State party had also failed to provide information on the incidence of all forms of alleged abuse by employers. The Committee reiterated its request for information on the integration of ethnic minorities into public school education and evaluations conducted regarding the Learning Framework’s effectiveness. One Expert expressed his belief that the State party was not making any progress implementing the Committee’s recommendations, and the grades should reflect the reality.
The Czech Republic had been asked to provide the Public Defender of Rights with a consolidated mandate to more fully promote and protect all human rights; the Committee reiterated its request for updated information on the content of the amendment to the Law on the Public Defender. The State party had also been requested to redouble its efforts to combat all forms of intolerance against the Roma; the Committee appreciated the information received about measures taken and plans provided to encourage Roma integration and appreciation for Roma history and culture. More detailed information was still needed on investigations, prosecutions and sanctions imposed on perpetrators of extremist hate crimes. Regarding forced and unlawful sterilizations, the Committee regretted that the bill on compensation for victims had been rejected and noted that the State party was still in the process of creating a new system of legal aid. No measures had been taken to initiate criminal proceedings against possible perpetrators of coercive sterilization.
Turning to Bolivia, Ms. Cleveland said that the Committee had required information on the proposed truth commission on human rights violations committed between 1964 and 1982, and that victims be provided full access to recourse, as well as to the information in military archives. No new information had been provided with regard to the Estrada case, the truth commission establishment and investigations. It was regretted that the State party had not been able to gather the total amount for compensation through the legally established process. The State party had also been requested to exclude human rights violations from military jurisdiction, and revise the definition of torture. No information had been provided on the former issue, and Bolivia was asked to furnish further information on the progress toward amending the Criminal Code. The State party had also been asked to speed up the proceedings relating to the incidents of racial violence in Pando and Sucre in 2008 and award full redress to all the victims. While the Committee welcomed the information provided by the State party, it still required additional information on providing adequate financial compensation to all victims.
Regarding Latvia, the Rapporteur informed that the State party requested clarification regarding the measures taken to reduce the use of restraints in prisons as well as specific information on the measures taken to improve space and material facilities, including the nature of the renovation and the number of detention spaces affected. On racially motivated crimes and racial discourse in politics and the media, the Committee welcomed the legislative amendments and development of strategies to combat racially motivated crimes, but information was needed on the impact of those measures. Latvia needed to provide additional statistical data on the number of complaints of racially motivated crimes, prosecutions, sentences and reparations. It was regrettable that the State party had not explicitly defined incitement to violence on grounds of sexual orientation or gender identity as a criminal offence. On the issue of the negative effects on minorities of the transition to Latvian as the language of instruction, Latvia had informed that more than 56,000 students attended schools utilizing the minority curricula. The Committee welcomed the information provided on language and professional development courses, teaching and learning materials.
Sri Lanka had been requested to repeal the eighteenth amendment to the Constitution, and further information was required on whether all of its controversial provisions had indeed been removed, in particular with regard to the dismissal or appointment of judges. Actions taken to limit the President’s discretionary power had been acknowledged. More information was needed on the role and mandate of the Judicial Service Commission and the follow-up to the impeachment of the Chief Justice in January 2013. The Committee requested information on measures taken to allow witness testimony by video link in the Trincomalee and Action Contre La Faim cases. The Committee acknowledged the plans to address the right to truth, justice and reparations and to guarantee the non-recurrence of all violations of the right to life and the unlawful use of force. The State party had also been asked to expeditiously investigate, prosecute and punish perpetrators of enforced disappearance and establish the whereabouts of missing persons. Some 1,688 out of the 5,750 cases referred to the Government by the United Nations Working Group on Enforced and Involuntary Disappearances had been clarified by September 2015. The Committee agreed that new enforced disappearances should not be incorporated. The Committee noted Sri Lanka’s efforts to remove restrictions on websites and the media, but requested more information on the number of complaints and the actions taken to investigate cases of harassment and attacks against journalists, lawyers, clergymen, political activists and human rights defenders.
Yadh Ben Achour, Committee Member and Co-Rapporteur on Follow-up to Concluding Observations, speaking of concluding observations for the United States, stated that the State party had been requested to ensure that all cases of unlawful killing, torture or other ill-treatment and enforced disappearance be effectively and independently investigated. The Committee was concerned that current and former Guantanamo detainees had been deprived of the ability to seek judicial remedy for torture and other human rights violations while in custody. No further information had been provided on investigations, prosecutions or convictions of the United States Government personnel in positions of command for crimes committed. Also, no information had been provided on actions taken to incorporate the doctrine of command responsibility, and on the reports that current and former Guantanamo detainees had been deprived of the ability to seek judicial remedy.
Regarding the protection of the right to life, the State party had been asked to take all necessary measures to protect the right to life. It was welcomed that the State party intended to support legislation to reduce the incidence of gun violence, but no measures had been taken since the examination of the State party’s previous follow-up report. The State party had not yet completed the review of the “Stand Your Ground” laws. While satisfactory responses had been provided on the numbers in the Guantanamo Bay facility and transfers from there, the Committee regretted that the issue of persons held in administrative detention without charge or trial remained. The Committee welcomed the enactment of USA Freedom Act of 2015 as well as the information on the judicial involvement of the Foreign Intelligence Surveillance Court in the authorization and monitoring of surveillance measures. The State party, however, had not provided information on measures taken to stop the practice of mandatory retention of data by third parties.
The Committee then proceeded to adopt the draft report on the follow-up to the concluding observations of the Human Rights Committee.
Turning to the methods of work, the Committee addressed the elaboration of general comments, which had been discussed by the meeting of the Chairs of the human rights treaty bodies in June 2015. A general comment could be adopted by one treaty body or more, jointly, and the decision to draft one would be made in plenary. The methodology included an exchange of views with States, an appointment of a Rapporteur, and sharing of a preliminary version of the draft general comment with other treaty bodies and mandate holders. The first draft would then be posted online and thus made available to a broad range of stakeholders. The treaty body would lead the consultation process and decide on the contents and adoption of the general comment. The Committee then adopted the guidance by the Chairs’ meeting on the elaboration of general comments.
The Chairperson clarified that measures on working methods and procedural matters adopted by Chairs’ meetings were not binding for all treaty bodies until they had been individually adopted by each respective committee.
The Committee will next meet in public on Tuesday, 5 July at 10 a.m. to continue discussions on the draft General Comment 6, on the right to life.
For use of the information media; not an official record
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