HUMAN RIGHTS COMMITTEE CONCLUDES NINETY-FIRST SESSION

The Human Rights Committee today concluded its ninety-first session, during which it considered and adopted concluding observations and recommendations on the reports submitted by Georgia, Libya, Austria, Costa Rica and Algeria on how they implement the provisions of the International Covenant on Human Rights.

The Governments of Georgia, Libya, Austria, Costa Rica and Algeria sent delegations to answer questions raised by Committee Experts, in keeping with their obligations as States parties to the Covenant.

In its concluding observations on Georgia, the Committee welcomed significant and wide-ranging legislative and institutional changes. Among the Committee's concerns were that current legislation in Georgia did not fully ensure respect for the principle of non-refoulement; that the populations living in Abkhazia and Tskhinvali Region/South Ossetia did not fully enjoy the Covenant provisions; and that there were still a substantial number of women in Georgia who were subject to violence, in particular to domestic violence. Among others, the Committee recommended that Georgia should guarantee freedom of speech and of the press and other media, and ensure that complaints in that regard were promptly investigated, and that perpetrators were prosecuted and punished.

With regard to Libya, the Committee welcomed the measures taken to improve the situation of women in public life, particularly in the work place and in access to education and the freedom of movement. The Committee was concerned that the terrorism-related elements in Libya's draft penal code were not fully in conformity with the Covenant, and that it lacked a clear definition of terrorism. It also reiterated its concern regarding the allegedly large number of forced disappearances and cases of extrajudicial, summary, or arbitrary executions, and asked Libya to provide it with more detailed data regarding death sentences imposed and executions carried out in the past six years.

On Austria, the Committee noted that, according to the Government Programme for 2007-2010, a constitutional reform would be introduced which would bring about a new codification of fundamental rights and further improvements in the human rights protection system. The Committee was concerned about reports that Austria had repeatedly failed to initiate a prompt investigation – and that only lenient sentences and disciplinary sanctions had been imposed – in cases of death and abuse in police custody. Austria should ensure that all rights protected under the Covenant were given effect in domestic law, and that judges and law enforcement officers received adequate training to apply and interpret domestic law in the light of the Covenant.

Concerning Costa Rica, the Committee recognized the commitment to and the high ranking of Costa Rica in the defence and promotion of human rights at the international level, in particular with regard to the abolition of the death penalty and the eradication of torture. The Committee expressed once more its concern with regard to the length of preventative detention in Costa Rica, which could last as long as 12 months and be further prolonged, as well as the regime of incommunicado detention, which could be extended up to 10 days. Among its recommendations, the Committee said Costa Rica should undertake investigations, bring to justice and punish those responsible for assaults and threats against journalists, and make reparations to the victims.

Having considered the report of Algeria, the Committee welcomed efforts to ensure human rights education in educational establishments, and to train both judges and judicial candidates in human rights. The Committee was gravely concerned that numerous and grave human rights violations had been committed, in particular by State agents, in all impunity, and continued to take place on the territory of Algeria. Algeria should take all appropriate measures to guarantee that grave human rights violations brought to its attention – such as massacres, torture, rape and disappearances – were fully investigated, and that the perpetrators of those violations, including State agents and members of armed groups, were brought to justice.

During the session, the Committee considered communications from individuals submitted under the first Optional Protocol to the Covenant. The Protocol, for the 109 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, and the Committee’s conclusions on cases considered during the session will be released at a later date. The Committee considered 16 cases under this agenda item.

The Committee also debated its working methods, in particular its relationship with the media, in the context of the organization’s ongoing reforms. It also heard progress reports presented by its Rapporteurs for Follow-up to Concluding Observations, and for Follow-up to Views.

The next session of the Committee will take place from 17 March to 4 April 2008 in New York, at which time the Committee is scheduled to consider reports from Tunisia, Botswana, the former Yugoslav Republic of Macedonia, and Panama.

CONCLUDING OBSERVATIONS ON COUNTRY REPORTS

Georgia

The Committee welcomed the timely submission of the Georgia’s third periodic report, which contained useful and detailed information on developments since the consideration of the second periodic report. In particular, the Committee welcomed the significant and wide-ranging legislative and institutional changes that had been introduced in Georgia during the years covered by the report, with a view to consolidating the rule of law, and in light of certain recommendations made by the Committee in 2002. The Committee also welcomed the accession by Georgia, in 2006, to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It further welcomed the adoption of the Law on Restitution of Property, adopted on 29 December 2006, and encouraged Georgia to take all necessary measures to promptly implement it.

While taking note of the difficulties in implementing the Covenant in the Abkhazia and Tskhinvali Region/South Ossetia, and acknowledging positive steps taken to ensure protection of the rights under the Covenant of persons living in territories presently not under its control, the Committee was concerned that the populations concerned did not fully enjoy the Covenant provisions. The Committee remained concerned that current legislation in Georgia did not fully ensure respect for the principle of non-refoulement. The Committee also remained concerned by the still substantial number of women in Georgia who were subject to violence, in particular to domestic violence, as well as at the insufficient measures and services to protect victims. While acknowledging the adoption of Georgia’s strategy aimed at allowing internally displaced persons to lead a normal life while, at the same time, retaining their right to return, and its efforts to prepare a plan of action in that regard, the Committee regretted the reported cases of forced eviction from collective centres in Tbilisi, Kutaisi and Adjara regions. The Committee expressed concern that acts of harassment against journalists in Georgia had not been properly investigated by the State party.

The State party should continue to take all possible measures, without discrimination, to enhance protection under the Covenant for the population of the relevant regions by the Abkhazia and Tskhinvali Region/South Ossetia de facto authorities. It should adopt effective legislative and procedural safeguards to ensure that nobody was returned to a country where there were substantial grounds to believe that they were at risk of being arbitrarily deprived of their life or being tortured or subjected to other cruel, inhuman or degrading treatment or punishment. Georgia should take firm measures to eradicate all forms of excessive use of force by the law enforcement officials, in particular by ensuring prompt and impartial investigation of complaints concerning actions of law enforcement officials. It should take immediate, firm, positive and coordinated measures to improve the conditions of all persons deprived of their liberty before trial and after conviction, as well as take steps to ensure equal enjoyment of the right of freedom of religion or belief and ensure that its legislation and practices conformed fully with article 18 of the Covenant. Georgia should guarantee freedom of speech and of the press and other media, and ensure that complaints in that regard were promptly investigated, and that perpetrators were prosecuted and punished.

Libya

In its concluding observations to the fourth periodic report of Libya, the Committee took note of Libya's accession to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, and to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, as well as to the two Optional Protocols to the Convention on the Rights of the Child – on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict. The Committee welcomed the measures taken to improve the situation of women in public life, particularly in the work place and in access to education and the freedom of movement.

The Committee noted with concern that its recommendations of 1998 had not been fully taken into consideration and regretted that almost all subjects of concern remain unchanged. It reiterated its concern about the uncertain status of the Covenant in Libya's legal system, which had not been sufficiently clarified in either the written responses, the oral replies of the delegation, or the additional information provided by Libya after the consideration of report by the Committee. While the Committee took note of some positive developments regarding the advancement of women, it reiterated its previous concern that inequality between women and men continued to exist in many areas, in law and practice, such as inheritance and divorce. The Committee was concerned that the terrorism-related elements in Libya's draft penal code were not fully in conformity with the Covenant and that it lacked a clear definition of terrorism. The Committee reiterated its concern regarding the allegedly large number of forced disappearances and cases of extrajudicial, summary, or arbitrary executions and the lack of clarification in that respect.

Libya should comply with all recommendations addressed to it by the Committee, and take all necessary steps to ensure that national legislation and its implementation guarantee the effective enjoyment of all Covenant rights in the State party. Libya should recognize that, according to the 1969 Vienna Convention on the Law of Treaties, the provisions of its internal law could not be invoked as justification for its failure to fulfil its obligations under a treaty to which it is a party. Libya should review its laws in order to ensure equality between men and women in matters of personal status, in particular regarding divorce and inheritance. It should furthermore guarantee that equality was ensured in law and in practice. Libya should also ensure that the draft penal code in its application to terrorism was compatible with the Covenant and that presently applicable counter-terrorism measures were in full conformity with the Covenant. Further, Libya should provide the Committee with more detailed data regarding death sentences imposed and executions carried out in the past six years.

Austria

Having considered the fourth periodic report of Austria, the Committee noted that the Work Programme of the Austrian Government 2007-2010 envisaged the establishment of a preventive agency, as defined in the Optional Protocol to the Convention against Torture, and that the Advisory Board for Human Rights would be integrated into that agency upon transfer from the Ministry of the Interior, with a view to ensuring its independence and extending its jurisdiction to cover all places of detention. The Committee also noted that, according to the Government Programme for 2007-2010, a constitutional reform would be introduced which would bring about a new codification of fundamental rights and further improvements in the human rights protection system, including the establishment of a two-tier administrative court system.

The Committee noted that, unlike the European Convention on Human Rights, the Covenant was not directly applicable in Austria, and that the courts and authorities rarely applied or interpreted domestic law in the light of the Covenant. In that regard, it reiterated that a number of Covenant rights exceed the scope of the provisions of the European Convention of Human Rights, which had been incorporated into Austrian law at the rank of constitutional law. The Committee was concerned that police training specifically aimed at preventing discrimination against persons of different ethnic background was not mandatory. The Committee also was concerned about reports that Austria had repeatedly failed to initiate prompt investigations – and that only lenient sentences and disciplinary sanctions had been imposed – in cases of death and abuse in police custody. Also noted with concern was the absence of detailed statistical information on the nature of reported incidents of torture or ill-treatment of detainees, especially foreign nationals, and the types of sanctions imposed on perpetrators of such acts.

Austria should ensure that all rights protected under the Covenant were given effect in domestic law and that judges and law enforcement officers received adequate training to apply and interpret domestic law in the light of the Covenant. It should also consider amending the Equal Treatment Act, the Employment of Disabled Persons Act, the Equality of Disabled Persons Act and relevant provincial laws, with a view to levelling up and ensuring equal substantive and procedural protection against discrimination with regard to all prohibited grounds of discrimination. Furthermore, Austria should introduce mandatory police training aimed at preventing discrimination against all vulnerable ethnic groups, specifically including the Roma.

Costa Rica

Following its review of the fifth periodic report of Costa Rica, the Committee recognized the commitment to and the high ranking of Costa Rica in the defence and promotion of human rights at the international level, in particular with regards to the abolition of the death penalty and the eradication of torture. It also welcomed the stability of Costa Rica's democratic institutions, which enhanced the respect and promotion of human rights. The Committee noted with satisfaction that in 2005 Costa Rica had ratified the Optional Protocol to the Convention against Torture, the elaboration of which had been a Costa Rican initiative. The Committee also noted with satisfaction the creation of the Ministry of the Supreme Court of Justice specializing in Indigenous Affairs; of the availability of translators of indigenous languages to the courts; and the directive sent to judges to hold consultations with indigenous peoples in order to resolve cases regarding their interests. It further noted with satisfaction the adoption of the law penalizing violence against women, the reforms of the Family Code, the Penal Code and the Civil Code, and the Law on Responsible Paternity.

The Committee noted that report had provided enough practical information on the effective application of the Covenant, and lacked disaggregated statistical information; it also regretted that no expert in the matters covered by the Covenant had been present during the presentation of the report, which made the dialogue between the Committee and the State party more difficult. The Committee also expressed once more its concern with regard to the length of preventative detention, which could last as long as 12 months and be further prolonged, as well as the regime of incommunicado detention, which could be extended up to 10 days. The Committee was also concerned by the overpopulation and negative conditions in detention centres in Costa Rica, including those administered by the migration authorities. The Committee was also concerned that only the Catholic marriage ceremony had legal effect in Costa Rica, which was discriminatory for adherents to other religions. It was further concerned about allegations of assault and threats against journalists in Costa Rica.

The Committee reiterated its recommendation that Costa Rica reduce the length of preventative detention, and that it eliminate prolonged secret detentions. Costa Rica should take into account the United Nations Standard Minimal Rules for the Treatment of Prisoners. It should also guarantee the principle of non-discrimination between religions, and should take energetic measures to guarantee the freedom of expression and of the press. Costa Rica should also undertake investigations, bring to justice, and punish those responsible for assaults and threats against journalists, and make reparations to the victims. Costa Rica should reinforce the measures used to combat trafficking in women and children. It should furthermore ensure that public servants did not make public statements that were xenophobic in nature and which stigmatized or stereotyped foreigners, in particular Colombians.

Algeria

Among positive aspects in the third periodic report of Algeria, the Committee welcomed with satisfaction the revisions to the Family Code which aimed to improve the respect for women’s rights and the protection of the family. It also welcomed the efforts undertaken by Algeria to ensure human rights education in educational establishments, and to train both judges and judicial candidates in human rights. It also welcomed the moratorium on the death penalty, which had been in place in Algeria since 1993.

The Committee noted that the Covenant had priority over national law in Algeria, and could be invoked in the courts, but regretted that the rights protected by the Covenant had not been fully integrated into domestic legislation. Despite references by the Algeria to legal proceedings undertaken against those responsible for human rights violations, the Committee was concerned that no more precise and specific information on such cases had been provided. It was also gravely concerned that numerous and grave human rights violations had been committed, in particular by State agents, in all impunity, and continued to take place on Algerian territory. The Committee noted with concern that Algeria had not provided information on the implementation of the recommendations adopted in the Committee’s conclusions with regard to the Optional Protocol to the Covenant. While noting the work of the National Ad Hoc Commission on Disappearances, as well as the creation of bureaux charged with receiving complaints of disappearances, the Committee noted with concern that the authorities had, to this day, undertaken no public, exhaustive and independent evaluation of the grave human rights violations perpetrated on the territory of Algeria.

Algeria should ensure that its legislation gave full effect to the rights covered by the Covenant, and that the entire population was aware of the Covenant. It should take all appropriate measures to guarantee that grave human rights violations brought to its attention – such as massacres, torture, rape and disappearances – were fully investigated, and that the perpetrators of those violations, including State agents and members of armed groups, were brought to justice. Algeria should undertake to guarantee that the disappeared and/or their families had effective recourse, and that appropriate follow-up was taken in that regard. Algeria should also undertake to examine the necessity of maintaining the state of emergency according to the criteria of Article 4 of the Covenant, and should ensure that its implementation did not lead to violations of the Covenant. It should also take all necessary measures to commute the sentences of death that had already been pronounced for crimes that were no longer punishable by the death penalty due to the moratorium applied since 1993.

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. They are: Abdelfattah Amor (Tunisia), Prafullachandra Natwarlal Bhagwati (India), Christine Chanet (France), Maurice Ahanhanzo Glèlè-Ahanhanzo (Benin), Yuji Iwasawa (Japan), Edwin Johnson Lopez (Ecuador), Walter Kälin (Switzerland), Rajsoomer Lallah (Mauritius), Zonke Zanele Majodina (South Africa), Iulia Antoanella Motoc (Romania), Michael O'Flaherty (Ireland), Elisabeth Palm (Sweden), Rafael Rivas Posada (Colombia), Nigel Rodley (United Kingdom), José Luis Sanchez-Cerro (Perú), Ivan Shearer (Australia), Ahmed Tawfik Khalil (Egypt), Ruth Wedgwood (United States of America).

The Chairperson is Mr. Rivas Posada. The Vice-Chairpersons are Ms. Palm, Mr. Shearer and Mr. Tawfik Khalil. The Rapporteur is Mr. Amor.



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