HUMAN RIGHTS COMMITTEE CONCLUDES ONE HUNDRETH SESSION

The Human Rights Committee concluded its one hundredth session today, during which it considered and adopted concluding observations and recommendations on the reports submitted by Belgium, El Salvador, Hungary, Jordan and Poland on how those countries implement the provisions of the International Covenant on Civil and Political Rights.

In concluding observations on the fifth periodic report of Belgium, the Committee welcomed the adoption of a constitutional provision enshrining the abolition of the death penalty and the law of 10 May 2007 to suppress certain forms of discrimination. However, the Committee remained concerned about excessive use of force by the police and a lack of guarantees of access to legal council for detainees in the first hours of their detention. The Committee urged Belgium to take the necessary measures to guarantee that force used by police was in conformity with the principles of the United Nations and that detainees had access to lawyers during the first hours they were deprived of their liberty.

Among positive aspects in the sixth periodic report of El Salvador, the Committee noted the creation of the National Reparations Commission for victims of human rights violations during the country’s civil war. The Committee expressed its concern that sufficient measures had not been taken to end impunity for those people responsible for human rights violations, including murder and forced disappearances, during the country’s civil war. The Committee reiterated its recommendation that the State party actively investigate all cases of human rights violations documented by the Commission for Truth, including the assassination of Monsignor Oscar Romero.

In concluding observations on the fifth periodic report of Hungary, the Committee welcomed the establishment of the Independent Law Enforcement Complaints Body, which was mandated to investigate complaints lodged against the police. Among principal concerns were the virulent and widespread anti-Roma statements by public figures, the media, and members of the disbanded Magyar Garda as well as indications of rising anti-Semitism in the State party. The Committee recommended that Hungary ensure that judges, magistrates, prosecutors and all law enforcement officials were trained to detect hate and racially motivated crimes.

Regarding the fourth periodic report of Jordan, the Committee was pleased to note the amended Criminal Code, which ensured that perpetrators of so-called “honour killings” could no longer benefit from mitigating circumstances. Committee Experts voiced concern about the Law on Crime Prevention which empowered governors to authorize the detention without charge, and without generally accessible safeguards or trial, of anyone “deemed to be a danger to society”. The Committee urged Jordan to put an end to the current practice of administrative detention and amend the Law on Crime Prevention.

On the sixth periodic report of Poland, the Committee welcomed the reduction in the number of persons held in pre-trial detention and the amendment to the Penal Code in September 2010 to include a definition of trafficking in human beings. It remained concerned about the continued social marginalization and discrimination faced by members of the Roma minority, especially in the fields of education, employment and housing. It recommended that Poland should legally prohibit discrimination on the grounds of sexual orientation or gender identity; amend the Penal Code to define hate speech and hate crimes based on sexual orientation or gender identity among the categories of punishable offenses; and intensify awareness-raising activities aimed at the police force and wider public.

The full text of the Committee's concluding observations on the reports submitted by Belgium, El Salvador, Hungary, Jordan and Poland can be accessed at the following address: http://www2.ohchr.org/english/bodies/hrc/hrcs100.htm.

The Committee also held public meetings to consider progress reports on follow-up to its concluding observations and on Views (the Committee's decisions on individual communications).

In concluding remarks, Yuji Iwasawa, the Committee Chairperson, announced the results of the Committee's work at its one hundredth session. The Committee had considered 25 individual communications (complaints by individuals that their rights under the Covenant had been violated by one of the 113 States signatories to the Optional Protocol) on admissibility issues. The Committee ruled that five cases were inadmissible. The Committee had also considered 18 cases on the merits, adopting 14 Views in which they had found violations and four cases in which there were no violations. Two cases had been discontinued.

The Chairperson was also pleased to announce that the Committee had completed its first reading of the draft General Comment on article 19 pertaining to the freedom of opinion and expression. The Rapporteur for the draft General Comment, Michael O'Flaherty, said that the purpose of a General Comment was to expand and expound on the understanding of the full application and extent of various rights contained in the Covenant. The current draft General Comment focused on the scope of the rights of freedom of opinion and expression, the permissible restraints on such rights and the relationship of article 19 to article 20 pertaining to States parties’ obligations to limit extreme hate speech. Now that the first reading of the draft General Comment was complete, it would be sent to States parties and posted on the Office of the High Commissioner for Human Rights website for public scrutiny and input; these comments would help guide the Committee in its second reading of the draft.

During its next session, to be held from 7 to 25 March 2011 in New York, the Committee is scheduled to consider reports from Serbia, Mongolia, Slovakia, Togo and one country in absence of a report.

Concluding Observations on Country Reports

Belgium

Concerning the fifth periodic report of Belgium, the Committee welcomed the State party’s ratification of or accession to the Convention on the Rights of Persons with Disabilities and its Protocol, on 2 July 2009, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, on 14 June 2004, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, on 11 August 2004, as well as the United Nations Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, on 17 November 2005. The Committee also noted with satisfaction a number of constitutional and legislative measures undertaken by Belgium, including the 10 May 2007 law aimed at tackling some forms of discrimination, the law of 10 May 2007 amending the 30 July 1981 law on the suppression of some acts motivated by racism and xenophobia, as well as the law of 25 April 2007, which inserted article 391 to the Penal Code and amended certain provisions of the Civil Code with a view to expanding the measures to nullify forced marriage.

However, the Committee had major concerns related to the alleged excessive use of force by law enforcement agents, particularly the police, in non-conformity with the United Nations Principles on the Use of Force and Firearms by Law Enforcement Officials. The Committee was also concerned that police misbehavior did not always result in appropriate sanctions, expressing particular worry about reports of excessive use of force and preventive arrests in relation to the 29 September and 1 October 2010 demonstrations. The allegedly insufficient monitoring of expulsions by the competent authorities, and their lack of independence was also worrisome, as were the facts that access to a lawyer was not an always guaranteed right from the first hours of liberty deprivation, be it for judiciary or administrative arrests or for investigative custody, and that access to a doctor was not always explicitly planned for judiciary arrests. The resurgence of anti-Semitic and racist acts, the high number of Islamophobic acts and the propagation of this phenomenon in the Belgian media were also of concern.

The Committee recommended that Belgium take measures to ensure that police’s use of force was in conformity with the United Nations Principles on the Use of Force and Firearms by Law Enforcement Officials. Alleged mistreatment cases should be systematically investigated and pursued and perpetrators be appropriately sanctioned. Belgium should further inform the Committee how the complaints in relation to the 29 September and 1 October demonstrations had been followed-up. The Committee recommended that the competent authorities expand their monitoring of the expulsion of foreigners and that their independence and objectivity be ensured. Belgium was further encouraged to take the necessary measures to provide access to a lawyer from the first hours of liberty deprivation and to ensure that seeing a doctor was a systematic right. Belgium should step up its efforts in terms of anti-Semitism and racism, notably by prosecuting and bringing to justice perpetrators and pursing efforts to fight propagation of this phenomenon in the media.

El Salvador

Regarding the sixth periodic report of El Salvador, the Committee welcomed both the recent establishment of the National Commission to Search for the Children who disappeared during the internal armed conflict, and the creation of the National Commission for the Reparation of Victims of human rights violations that had occurred during the armed conflict. Also positively noted was the adoption of executive decree No. 56, which included provisions to eliminate discrimination on the grounds of gender identity and sexual orientation in the public administration, and El Salvador’s 2006 ratification of the Convention on Freedom of Association and Protection of the Right to Organise. The Committee also appreciated the measures taken regarding past human rights violations that the President had publicly recognized the State’s responsibility, and that measures had been taken to re-establish the facts in the murder case of Archbishop Oscar Romero.

However, the Committee expressed concern that the statute of limitations was applied to grave human rights violations of the past, notably the assassination of six Jesuit priests and their colleagues, and that the purification of the National Civil Police had only led to the dismissal of 139 agents since the 1990s, while the number of acquittals was much higher than the number of convictions, according to the Committee’s information. Another source of concern was the measures taken to end impunity, which were insufficient given the thousands of people who had been killed or who disappeared. The situation of Salvadorian women, the persistence of stereotypes and prejudices regarding women’s role in society and the rate of assassination of women, which had reportedly increased during the period under review, were also of concern to the Committee. It was also worrisome that women who wished to conduct abortions at public hospitals were reported to the judicial authorities by medical personnel.

Given the magnitude of the human rights violations documented by the Truth Commission, the Committee recommended that El Salvador include in the National Compensation Programme all measures compatible with the right to reparation, as well as measures of reintegration, fair and equitable compensation, and guarantees that these crimes would not be repeated. El Salvador should thoroughly investigate all human rights violations attributed to members of the police, particularly cases related to torture and mistreatment, identify and prosecute the perpetrators, and hand down not only disciplinary sanctions but, if necessary, also penal sanctions appropriate to the committed crimes. The Committee also reiterated its recommendation that the amnesty law be abrogated or amended to make it entirely compatible with the provisions of the Convention. El Salvador should actively promote the investigation of all human rights violations documented by the Truth Commission, notably the murder of Archbishop Oscar Romeo, the Committee further said, adding that the State must ensure that perpetrators were prosecuted and given appropriate sanctions that matched the gravity of their crimes. The Committee also recommended that El Salvador bring its legislation in line with the Convention to ensure that provisional detention does not go over 48 hours, that it continue to adopt alternative measures to detention, and that it rapidly settled the issue of prison overcrowding. In terms of women’s rights, El Salvador should develop and implement programmes to eliminate sexist stereotypes and respect the right to justice and reparation of women who had been victims of violence. The State should also clarify and tackle the issue of female killings, put an end to accusations of abortion, and facilitate a national dialogue on women’s right to sexual and reproductive health.

Hungary

After a review of the fifth periodic report of Hungary, the Committee welcomed the adoption of the Government degree and parliamentary resolution on the Decade of Roma Inclusion that defined a programme for the promotion of social integration of the Roma people. The Committee also welcomed the amendment to the Police Act XXXIV of 1994 to establish the Independent Law Enforcement Complaints Body, which was mandated to investigate complaints lodged against the Police. The Committee commended the State party for ratifying a number of international instruments including, among other, the Convention on the Reduction of Statelessness of 1961; the Convention on the Rights of Persons with Disabilities of 2006; and the two Optional Protocols to the Convention on the Rights of the Child.

Among the Committee's principal concerns with regard to Hungary was that asylum seekers and refugees were detained in facilities with poor conditions, and in this regard, some of them were detained in prisons including the nine prisons that were closed down for failing to meet the standards set by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The Committee regretted that the re-opening of these prison facilities was not preceded by any refurbishment and it was further concerned at reports of unlawful expulsions of Somali and Afghan asylum seekers. The Committee also expressed concerns about the virulent and widespread anti-Roma statements by public figures, the media, and members of the disbanded Magyar Gàrda, as well as the persistent ill-treatment and racial profiling of the Roma by the Police. Furthermore, it was concerned at indications of rising anti-Semitism in the State party. While the Committee appreciated the State party’s need to adopt measures to combat acts of terrorism, including the formulation of appropriate legislation to punish such acts, it regretted the unclear definition of certain offences and the lack of data on the implementation of anti-terrorism legislation.

The Committee recommended that Hungary strengthen its efforts to improve the living conditions and treatment of asylum seekers and refugees and ensure that they were treated with human dignity. The State party should ensure that all persons in need of international protection received appropriate and fair treatment, and that decisions on expulsion, return or extradition were dealt with expeditiously and followed the due process of the law. The Committee also urged the State party to adopt specific measures to raise awareness in order to promote tolerance and diversity in society and ensure that judges, magistrates, prosecutors and all law enforcement officials were trained to be able to detect hate and racially motivated crimes. Furthermore, Hungary should remove impediments to the adoption and implementation of legislation combating hate speech that complied with the Covenant. The State party should ensure that the Penal Code not only defined terrorist crimes in terms of their purpose but also the nature of those acts with sufficient precision to enable individuals to regulate their conduct accordingly. The State party must refrain from adopting legislation that unduly imposed restrictions in the exercise of rights under the Covenant. In this regard, the State party must compile data on the implementation of anti-terrorism legislation, and how it affected the enjoyment of rights under the Covenant.

Jordan

Among positive aspects in the fourth periodic report of Jordan, the Committee welcomed the legislative and other measures taken such as: the amended Criminal Code which ensured that perpetrators of so-called “honour killings” could no longer benefit from mitigating circumstances; the de facto moratorium on the death penalty in place since April 2007; the establishment in 2005 of the Ombudsman and the Human Rights Office of the Public Security Directorate; and the creation of the Ministry of Political Development in 2003. The Committee also welcomed the ratification of a number of international instruments including the two Optional Protocols on the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities.

While noting with satisfaction the establishment of the National Centre for Human Rights in conformity with the Paris Principles, the Committee said that further measures could be taken to provide the Centre with adequate human, financial and technical resources in order to ensure its effective functioning. The Committee also noted with concern that the Law on Crime Prevention empowered governors to authorize detention without charge, and without generally accessible safeguards or trial, of anyone “deemed to be a danger to society”. The Committee reiterated its concern about the limited organizational and functional independence of the State Security Court as well as the fact that the Prime Minister had the authority to refer cases that did not concern State Security to this court. The Committee also expressed concerns about the broad definition of “terrorist activities” in the Prevention of Terrorism Act, which was passed in 2006. The Committee also raised concerns about the persistence of domestic violence against women in Jordan and the policy of placing women at risk of becoming victims of so-called “honour crimes” in a form of involuntary “protective” custody comparable to detention under the provisions of the Law on Crime Prevention. The Committee also noted its concerns about reports that child labour was increasing in the State party and that the Labour Code did not provide protection for children working in family enterprises or agriculture.

The Committee recommended that Jordan ensure that the process for selecting members of and directors of the National Centre for Human Rights was transparent and that the Centre was provided with adequate human, financial and technical resources. The Committee said the State party should put an end to the current practice of administrative detention, amend the Law on Crime Prevention in order to ensure its conformity with the Covenant and release all persons detained under this law or immediately bring them to court. The Committee also reiterated its recommendation, made in 1994, that Jordan abolish the State Security Court. In terms of the Prevention of Terrorism Act, the Committee recommended that Jordan review the act to ensure that it defined terrorism and terrorist acts in precise language that was compatible with the Covenant. The Committee suggested that the State party strengthen the legal framework of protection against domestic violence, sexual violence and other forms of violence suffered by women and take all appropriate measures to ensure that women fleeing an abusive partner or husband had access to assistance and could take refuge in crisis centres. The Committee also recommended that the State party take all necessary measures to combat child labour, particularly by reviewing its legislation to ensure protection of all children.

Poland

Among positive aspects in the sixth periodic report of Poland, the Committee welcomed the following positive developments during the reporting period under consideration: the adoption in 2005 of the law on domestic violence, and the approval in 2006 of the National Programme on Preventing Domestic Violence 2006-2016; the continuation to 2013 of the National Program against Racial Discrimination, Xenophobia and Related Intolerance; the reduction in the number of persons held in pre-trial detention; the amendment to the Penal Code in September 2010 to include a definition of trafficking in human beings; and the adoption in 2005 of the Law on National and Ethnic Minorities and on the Regional Language.

The Committee expressed its concern about the continued problem of domestic violence: the high percentage of dismissals of domestic violence cases at the prosecution level; lengthy prosecution procedures, preventing victims from filing a case and increasing the vulnerability of victims; and an insufficient number of specialist support centres for victims of domestic violence. The Committee remained concerned about the continued social marginalization and discrimination faced by members of the Roma minority, especially in the fields of education, employment and housing. The Committee was also concerned that the definition of a terrorist crime, as laid down in article 115 of the Penal Code, was broad and did not adequately define the nature and consequences of the acts. The Committee also noted a significant rise in manifestations of hate speech and intolerance against lesbian, gay, bisexual and transgender people, and, since 2005, in the number of cases based on sexual orientation filed with the Ombudsman. The Committee also remained concerned about persistent manifestations of anti-Semitism, including physical attacks, desecration of Jewish cemeteries, and the dissemination of anti-Semitic propaganda through the internet and print media, despite numerous measures taken by the State party.

The Committee recommended that Poland amend the law on domestic violence to empower police officers to issue immediate restraining orders at the scene and it should incorporate domestic violence issues into the standard training offered to law enforcement and judicial officials. The State party should urgently review the effects of the restrictive anti-abortion law on women and conduct research into and provide statistics on the use of illegal abortion. The State party should continue to take all necessary measures to ensure the practical enjoyment by the Roma of their rights under the Covenant by implementing and reinforcing effective measures to prevent and address discrimination and the serious social and economic situation of the Roma. Poland should also legally prohibit discrimination on the grounds of sexual orientation or gender identity; amend the Penal Code to define hate speech and hate crimes based on sexual orientation or gender identity among the categories of punishable offenses; and intensify awareness-raising activities aimed at the police force and wider public. The Committee suggested that the State party ensure that the Penal Code not only defined terrorist crimes in terms of their purpose, but also narrowly defined the nature of those acts. The Committee further requested that the State party include in its next periodic report detailed information on the number of investigations carried out into incidences and manifestations of anti-Semitism, as well as prosecutions instigated and sentences passed in each case.

Members of the 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." The Committee members are: Abdelfattah Amor (Tunisia); Lazhari Bouzid (Algeria); Prafullachandra Natwarlal Bhagwati (India); Christine Chanet (France); Mahjoub El-Haiba (Morocco); Ahmad Amin Fathalla (Egypt); Yuji Iwasawa (Japan); Helen Keller (Switzerland); Rajsoomer Lallah (Mauritius); Zonke Zanele Majodina (South Africa); Iulia Antoanella Motoc (Romania); Michael O'Flaherty (Ireland); José Luis Perez Sanchez-Cerro (Perú); Rafael Rivas Posada (Colombia); Nigel Rodley (United Kingdom); Fabian Omar Salvioli (Argentina); Krister Thelin (Sweden); and Ruth Wedgwood (United States).


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CT10/027E