Human Rights Committee Adopts Reports on Follow-Up to Concluding Observations Concerning Kenya, Democratic Republic of the Congo, Liberia and Lao People's Democratic Republic

The Human Rights Committee today adopted reports on follow-up to concluding observations concerning Kenya, Democratic Republic of the Congo, Liberia and Lao People's Democratic Republic.

Imeru Tamerat Yigezu, Committee Expert and Special Rapporteur on follow-up to concluding observations, presented the assessment of the responses provided by these States.  He said the overall recommended action for all assessments was to discontinue the follow-up procedure.  Further information requested by the Committee needed to be addressed in the States parties’ next periodic reports, which were due in 2028 for all States parties.

The draft reports were adopted by the Committee as amended during the discussion and will be available on the webpage dedicated to the follow-up procedure for concluding observations.

Concerning Kenya, the Committee welcomed the State party’s continued efforts to prevent and address female genital mutilation, child marriage, and sexual and gender-based violence.  However, it was concerned about reports of a lack of awareness of Government measures; a lack of efforts to address harmful cultural practices, including wife inheritance and ritual cleansing; the lack of reparations for women victims of sexual violence in the context of the 2017 elections; the failure to criminalise marital rape; gaps in access to essential services for victims of violence; the lack of resources for safe houses for victims; and a lack of data on violence against minority women.

Mr. Yigezu said the Committee was concerned that forced evictions continued to take place in Kenya without sufficient advance notice; that allegedly no compensation or alternative location for resettlement had been offered to the 40,000 people allegedly forcefully evicted in November 2021; and that no cases for violations during evictions had been brought to court.  The Committee called for information on proposed revisions to legislation concerning evictions, and on funding allocated to communities as reparation for land lost due to government acquisition and for reparation of squatters.

On participation in public affairs, the Committee welcomed the State party’s efforts ahead of and during the 2022 election period to prevent violence and to ensure transparency in voting and in vote-counting procedures, and reports that 12 police officers would face charges for crimes committed during the post-election protests in 2017.  However, the Committee regretted the lack of information provided on efforts to provide remedies to all victims of violence in the context of the 2017 elections.

Regarding the Democratic Republic of the Congo, the Committee welcomed the State party’s efforts to combat sexual violence and ensure victims had access to physical and psychological support and legal services, including through the adoption of various legislative measures.  It called for additional information on the number of investigations carried out into sexual violence, and prosecutions and convictions handed down; the impact of the National Fund for Reparations to Victims of Conflict-Related Sexual Violence; and trainings delivered to officials on investigation, prosecution and conviction of cases of sexual violence.

On the situation in Kasai, the Committee welcomed the State party’s efforts to investigate and seek justice for the alleged human rights violations perpetrated by State agents and members of armed groups in Kasai, as well as its efforts to restore peace in the region and cooperate with United Nations entities.  It regretted, however, the lack of information on the training during the reporting period of the defence and security forces deployed in the region. It requested additional information on the investigations, prosecutions and convictions of those responsible for human rights violations.

The Committee noted with satisfaction the Democratic Republic of the Congo’s efforts to hold presidential, legislative and provincial elections in December 2018, which led to a peaceful transition of power.  However, it was concerned about the reported presence of electoral violence during the 2023 elections, as well as allegations of sabotage and fraud.  It requested further information on measures taken to ensure the holding of free, peaceful and fair elections as well as the effective protection of all electoral candidates.

Concerning Liberia, the Committee welcomed the State party’s efforts to prosecute its citizens accused of war crimes in other jurisdictions, the bill on the establishment of the war crimes court, the construction of memorials, the convening of six district-level reconciliation dialogues held throughout Lofa County, and the steps taken to implement the recommendations of the Truth and Reconciliation Commission.  However, it regretted that the State party had yet to prosecute any individuals involved in war crimes, and that no steps had been taken to implement a comprehensive reparations scheme.

The Committee welcomed Liberia’s efforts to reform the justice system and reduce the court case backlog by approximately 80 per cent; the establishment of the Judiciary Ethics Committee in 2019 and legal aid clinics; and the training of magistrates and public defendants.  However, it regretted the lack of information on efforts to ensure that the appointment, promotion and removal of judges were compatible with the independence of the judiciary, and on efforts to provide legal aid and free interpretation for defendants who did not understand Liberian.

The Committee welcomed the adoption of Liberia’s Land Rights Act in October 2018 and the provisions therein. It requested further information on whether consultations had been conducted with members of communities occupying customary lands; and on efforts to ensure that private companies carrying out development projects implemented corporate social responsibility policies, and that affected communities could benefit from the projects and received adequate compensation.

Regarding Lao People's Democratic Republic, the Committee regretted that no measures had been taken to effectively criminalise enforced disappearance; the reported lack of thorough investigations into cases of enforced disappearance; the slow progress towards ratifying the International Convention for the Protection of All Persons from Enforced Disappearance; and the lack of efforts to provide full reparation and information on investigations to victims and their families.  The Committee welcomed systematic training of officials to strengthen their investigative capacities and responsibilities in criminal proceedings, and called for further information on the impact, scale and frequency of the training.

The Committee regretted the lack of information on steps taken to support citizens to genuinely take part in the conduct of public affairs, and to vote and to be elected; reports that all candidates needed to be approved by the Lao People’s Revolutionary Party or a State-sponsored mass organization; de facto exclusion of ethnic minorities, particularly the Hmong, in politics and public life; alleged further suppression of civil and political space; and the failure to devise legislation allowing prisoners and persons with intellectual or psychosocial disabilities the right to vote.

The Committee welcomed the measures taken by Lao People's Democratic Republic to ensure consultations were held with communities on development projects and to provide compensation and support resettlement.  However, the Committee was concerned by an alleged increase in forced and illegal land-grabbing by authorities under the “Turning Land into Capital” policy, resulting in the mass displacement of rural communities, and by reports of continued persecution and discrimination of members of the Hmong ethnic minority.

The Human Rights Committee’s one hundred and forty-first session is being held from 1 to 23 July 2024.  All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage.  Meeting summary releases can be found here.  The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.

The Committee will next meet in public at 3 p.m. on Tuesday, 23 July to close its one hundred and forty-first session.

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