General Documents Not Relating To Specific States - Annual and Sessional Reports - CCPR

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1. As at 28 July 1995, the closing date of the fifty-fourth session of the Human Rights Committee, 131 States had ratified or acceded or said they would accede to the International Covenant on Civil and Political Rights and 94 States had ratified or acceded or said they would accede to the Optional Protocol to the Covenant. Both instruments were adopted by the General Assembly in resolution 2200 A (XXI) of 16 December 1966 and opened for signature and ratification in New York on 19 December 1966. They entered into force on 23 March 1976 in accordance with the provisions of their articles 49 and 9, respectively. Also as at 28 July 1995, 44 States had made the declaration envisaged under article 41, paragraph 1, of the Covenant, which came into force on 28 March 1979.

2. The second Optional Protocol, aiming at the abolition of the death penalty, which was adopted and opened for signature, ratification or accession by the General Assembly in resolution 44/128 of 15 December 1989, entered into force on 11 July 1991 in accordance with the provisions of its article 8. As at 28 July 1995, there were 28 States parties to the second Optional Protocol.

3. A list of States parties to the Covenant and to the Optional Protocols, with an indication of those which have made the declaration under article 41, paragraph 1, of the Covenant, is contained in annex I to the present report.

4. Reservations and other declarations made by a number of States parties in respect of the Covenant or the Optional Protocols are set out in document CCPR/C/2/Rev.4 and in notifications deposited with the Secretary-General.

5. The Human Rights Committee has held three sessions since the adoption of its previous annual report. The fifty-second session (1358th to 1386th meetings) was held at the United Nations Office at Geneva from 17 October to 4 November 1994, the fifty-third session (1387th to 1415th meetings) at United Nations Headquarters from 20 March to 7 April 1995 and the fifty-fourth session (1416th to 1444th meetings) at the United Nations Office at Geneva from 3 to 28 July 1995.

6. At the fourteenth meeting of States parties, held at United Nations Headquarters on 8 September 1994, nine members of the Committee were elected, in accordance with articles 28 to 32 of the Covenant, to fill the vacancies resulting from the termination of some terms of office on 31 December 1994. Mr. Prafullachandra Natwarlal Baghwati, Mr. Thomas Buergenthal, Mr. Eckart Klein, Mr. David Kretzmer and Mrs. Cecilia Médina Quiroga were elected for the first time. Mr. Nisuke Ando, Mrs. Christine Chanet, Mr. Omran El Shafei and Mr. Julio Prado Vallejo were re-elected. A list of the members of the Committee appears in annex II to the present report.

7. All the members of the Committee participated in the fifty-second session. Mr. Rajsoomer Lallah attended only part of that session. Mrs. Chanet did not attend the fifty-third session. Mr. Tamás Bán and Mr. Baghwati attended only part of that session. Mrs. Rosalyn Higgins attended only part of the fifty-fourth session.

8. At the 1387th, 1397th and 1416th meetings of the Committee (fifty-third and fifty-fourth sessions), the members of the Committee who had been elected or re-elected at the fourteenth meeting of States parties to the Covenant made a solemn declaration in accordance with article 38 of the Covenant before assuming their functions.

9. At the 1387th and 1399th meetings of the Committee (fifty-third session), held on 20 and 28 March 1995, the Committee elected its officers for a term of two years, in accordance with article 39, paragraph 1, of the Covenant: they are listed in annex II.

10. The Committee expressed its sincerest appreciation to Mr. Nisuke Ando, the outgoing Chairman, for the contribution which he had made to the success of the Committee's work by presiding over it so competently.

11. In accordance with rules 62 and 89 of its rules of procedure, the Committee established working groups which were to meet before its fifty-second, fifty-third and fifty-fourth sessions.

12. The working group established under rule 89 was entrusted with the task of making recommendations to the Committee regarding communications received under the Optional Protocol. At the fifty-second session, the working group was composed of Mr. Bán and Mr. El Shafei, Ms. Elizabeth Evatt, Mr. Andreas V. Mavrommatis and Mr. Prado Vallejo. It met at the United Nations Office at Geneva from 10 to 14 October 1994 and elected Mr. Mavrommatis as its Chairperson/Rapporteur. At the fifty-third session, the working group was composed of Mr. Ando, Mr. Laurel Francis, Mrs. Higgins, Mr. Mavrommatis and Mr. Prado Vallejo. It met at United Nations Headquarters from 13 to 17 March 1995 and elected Mrs. Higgins as its Chairperson/Rapporteur. At the fifty-fourth session, the working group was composed of Mr. Baghwati, Mr. El Shafei, Mr. Mavrommatis, Mr. Fausto Pocar and Mr. Prado Vallejo. It met at the United Nations Office at Geneva from 3 to 7 July 1995 and elected Mr. Pocar as its Chairperson/Rapporteur.

13. The working group established under rule 62 was mandated to prepare concise lists of issues concerning the second, third and fourth periodic reports to be considered by the Committee at its fifty-second, fifty-third and fifty-fourth sessions. At the fifty-second session, the working group was composed of Mr. Francisco José Aguilar Urbina, Mr. Vojin Dimitrijevic, Mr. Waleed Sadi and Mr. Francis. It met at the United Nations Office at Geneva from 10 to 14 October 1994 and elected Mr. Aguilar Urbina as its Chairperson/Rapporteur. It had the task of studying the Committee's methods of work as well as a draft general comment on issues relating to reservations made by States parties upon ratification of or accession to the Covenant or the Optional Protocols thereto or in relation to declarations made under article 41 of the Covenant. The members of the working group also held a joint meeting with the members of the working group established under the note relating to questions related to the structure of annual reports and the procedure to be followed by the Committee in response to emergency situations. At the fifty-third session, it was composed of Mr. Bán, Mr. Marco Tulio Bruni Celli, Ms. Evatt and Mr. Lallah; it met at United Nations Headquarters from 13 to 17 March 1995 and elected Mr. Bán as its Chairperson/Rapporteur. It had the task of studying a draft general comment on article 25 and of considering the Committee's methods of work. In addition, pursuant to a decision taken at the Committee's 1384th meeting (fifty-second session) (see paras. 40 and 41), the working group held a closed meeting on 13 March with representatives of specialized agencies in order to obtain advance information on reports to be considered at the fifty-third session; the meeting was attended by representatives of the International Labour Office, the Office of the United Nations High Commissioner for Refugees (UNHCR) and the World Health Organization (WHO). At the fifty-fourth session, the working group was composed of Mr. Aguilar Urbina, Mr. Francis, Mr. Klein and Mrs. Médina Quiroga. It met at the United Nations Office at Geneva from 3 to 7 July 1995 and elected Mr. Klein as its Chairperson/Rapporteur. It had the task of studying the Committee's methods of work and of considering general comments already adopted in the past in order to determine which of them warranted updating. Pursuant to a decision taken at the 1384th meeting (fifty-second session), the working group held a meeting on 3 July with representatives of the International Labour Office, UNHCR and WHO in order to obtain advance information on reports to be considered by the Committee at its fifty-fourth session.

14. The Assistant Secretary-General for Human Rights referred to the aim of treaty universalization, as established by the Declaration and Programme of Action adopted by the World Conference on Human Rights held at Vienna, and emphasized that the Secretary-General had addressed a request to Heads of State and Government calling for the universal ratification of the principal human rights instruments and, in particular, the Covenant and its two Optional Protocols. In his report on the work of the Organization, the Secretary-General had called for better synergy between the work of the treaty bodies and the programme of advisory services and technical assistance of the Centre for Human Rights. The members of the Committee were also informed of the work of the fifth meeting of persons chairing the human rights treaty bodies held in September 1994, as well as the recent sessions of the Committee on the Rights of the Child and the Committee on the Elimination of Racial Discrimination.

15. The Committee was informed by the representative of the Secretary-General of the recent activities of the General Assembly in regard to human rights, particularly its resolution 49/178 of 23 December 1994 concerning effective implementation of international instruments on human rights, in which the Assembly noted with appreciation the initiatives taken by treaty bodies in respect of urgent measures to prevent human rights violations. The Assembly also urged them to amend their reporting guidelines so as to request gender-specific information from States parties. The recommendation of the meeting of persons chairing the human rights treaty bodies that such meetings should in future be held on an annual basis was also endorsed by the Assembly. In addition, the members were informed of developments at the fifty-first session of the Commission on Human Rights and of the activities of the Committee on Economic, Social and Cultural Rights, the Committee against Torture, the Committee on the Rights of the Child and the Committee on the Elimination of Discrimination against Women.

16. The United Nations High Commissioner for Human Rights stressed the importance he attached to the Committee's work and, in particular, emphasized the leading role it played in the human rights treaty system. Further efforts were, however, needed in order to publicize the results of its work more widely and bring them to the attention of the competent national authorities. At every one of his meetings with government representatives, he had systematically drawn their attention to the comments adopted by the Committee following its consideration of the reports of States parties. Although it was too early to draw any firm conclusions about that practice, he had been struck by the fact that Governments were extremely sensitive to the issues raised and had on the whole given assurances that they would take steps to apply the Committee's recommendations.

17. The High Commissioner also stressed the importance of the treaty system in the international protection of human rights, saying that an unprecedented meeting had just been held between the persons chairing human rights treaty bodies and the Secretary-General. That meeting, which the High Commissioner had made a point of attending in person, had been the result of an initiative taken at the most recent meeting of the persons chairing such bodies in September 1994. Among the subjects discussed had been the action taken by the different committees to prevent human rights violations, such as early warning measures and urgent procedures.

18. The Committee also had an exchange of correspondence with the Federal Republic of Yugoslavia (Serbia and Montenegro) concerning the submission of reports in conformity with the Covenant (see paras. 53 and 54 and annex VIII to the present report).

19. The greater complexity and more intensive pace of the Committee's operations, resulting from the increased number of States parties to the Covenant as well as from qualitative changes in the Committee's methods of work, have added significantly to the workload of the Secretariat in providing substantive servicing to the Committee in relation to the monitoring of States parties' reports. The number of communications submitted to the Committee under the Optional Protocol has also grown (see chap. VIII). The Committee noted that under the terms of article 36 of the Covenant the Secretary-General of the United Nations was to provide the necessary staff and facilities for the effective performance of the functions of the Committee under the Covenant. It accordingly requested the Secretary-General to take the necessary steps to ensure a substantial increase in the specialized staff assigned to service the Committee in relation both to the monitoring of States parties' reports and to consideration of communications submitted under the Optional Protocol.

20. The Chairman gave press conferences at each of the Committee's three sessions. The Committee expressed the wish that the information services should be associated more closely with its work so as to give it greater publicity. The Committee noted with appreciation the great interest in its work taken by the non-governmental organizations and thanked them for the information provided.

21. The Committee noted that the Official Documents (Yearbooks) of the Human Rights Committee had been published until 1991. Given the resources on hand, the Committee said that publication of the Official Documents (Yearbooks) should be expedited in order to liquidate the backlog and eliminate the delay in issuing the French version.

22. The Committee once again urged that the work be speeded up for the purpose of publishing volume III of the selection of decisions taken under the Optional Protocol so as to reduce the backlog as soon as possible. In future, the selected decisions should be issued in a regular and timely fashion.

23. The Committee also insisted on the need for its annual report together with its annexes to be submitted to the General Assembly on time.

24. The Committee wishes to draw attention to the fact that it was deprived of summary records at its forty-ninth session for financial reasons, but that the Secretariat undertook to produce them from the recorded tapes, in English only.¹ That has not yet been done, and the Committee therefore wishes to reiterate its request.

25. The Committee expressed a wish for additional facilities to be made available during its sessions. It would like to have a room in which members could receive delegations, meet in informal groups, or work between meetings. In due course, all the documentation members of the Committee might need in preparing their work could be kept in the room in question, which could be used by other treaty bodies (see decision along those lines adopted at the most recent meeting of persons chairing human rights treaty bodies in September 1994 (see A/49/537, annex)).

26. At its fifty-third session, the Committee confirmed the following schedule of meetings for 1996-1997: the fifty-sixth session will be held at United Nations Headquarters from 18 March to 5 April 1996, the fifty-seventh session at the United Nations Office at Geneva from 8 to 26 July 1996, the fifty-eighth session at the United Nations Office at Geneva from 21 October to 8 November 1996, the fifty-ninth session at United Nations Headquarters from 24 March to 11 April 1997, the sixtieth session at the United Nations Office at Geneva from 14 July to 1 August 1997 and the sixty-first session at the United Nations Office at Geneva from 20 October to 7 November 1997. In each case, the working groups of the Committee will meet during the week preceding the session.

27. At its 1443rd and 1444th meetings, on 27 and 28 July 1995, the Committee considered the draft of its nineteenth annual report, covering its activities at the fifty-second, fifty-third and fifty-fourth sessions, held in 1994 and 1995. The report, as amended in the course of the discussion, was adopted unanimously.

28. At its 1415th meeting, on 7 April 1995, the Committee considered the agenda item in the light of the relevant summary records of the Third Committee, General Assembly resolution 49/178, Commission on Human Rights resolutions 1995/18 and 1995/22 of 24 February 1995 and Commission on Human Rights decision 1995/110 of 3 March 1995.

29. The Committee noted that, in accordance with General Assembly resolution 45/175 of 18 December 1990, substantive resolutions on the human rights treaty bodies should be adopted every two years (in uneven years) and that, consequently, at its forty-ninth session, the Third Committee had limited itself to taking note of its report.

30. With reference to the discussion in the General Assembly relating to the effective implementation of international instruments on human rights, including reporting obligations under those instruments, and the effective functioning of the treaty bodies, the Committee noted with satisfaction that the Assembly had once again stressed the importance of compliance by States parties with their reporting obligations. The Committee took note of the importance attached by the Assembly to the final comments on the reports considered by the human rights treaty-monitoring bodies. The Committee noted that the conclusions and recommendations of the 5th meeting of persons chairing the human rights treaty bodies had been endorsed by the General Assembly, particularly the recommendation that their meetings should be held annually.

31. The Committee discussed the relevant resolutions adopted by the Commission on Human Rights at its fifty-first session. It wholeheartedly endorsed the resolution on succession of States in respect of international human rights treaties as well as that on the Covenants, in particular the recommendation that countries having difficulties in introducing changes in their legislation that might be necessary for the ratification of international instruments on human rights should be encouraged to request appropriate support from the Centre for Human Rights on advisory services and technical cooperation programmes, as well as the recommendation stressing the importance for States parties to observe the agreed conditions and procedure for derogation under article 4 of the International Covenant on Civil and Political Rights. The Committee noted with satisfaction the Commission's request that the recent periodic reports of States parties to the human rights treaty-monitoring bodies, the summary records of Committee discussions pertaining to them, and concluding observations and final comments of the treaty bodies should be made available to the United Nations information centres.

32. The Committee considered Commission on Human Rights decision 1995/110 on the right to a fair trial and noted that, as recommended by the Subcommission on Prevention of Discrimination and Protection of Minorities in its resolution 1994/35 of 26 August 1994, the Commission was considering the establishment of an open-ended working group to draft a third optional protocol to the International Covenant on Civil and Political Rights aiming at guaranteeing under all circumstances the right to a fair trial and to a remedy. In that regard, the Committee recalled that it had submitted its own recommendations to the Subcommission on Prevention of Discrimination and Protection of Minorities. In those recommendations, adopted at its 1314th meeting (fiftieth session), on 6 April 1994,² the Committee had concluded that it was inadvisable to pursue the elaboration of a draft optional protocol to the Covenant with the aim of adding article 9, paragraphs 3 and 4, as well as article 14 to the list of non-derogable rights enumerated in article 4, paragraph 2, of the Covenant.

33. The Committee again noted that the purpose of the possible third optional protocol was to add article 9, paragraphs 3 and 4, and article 14 to the list of non-derogable provisions in article 4, paragraph 2, of the Covenant. Based on its experience derived from the consideration of States parties' reports submitted under article 40 of the Covenant, the Committee wishes to point out that, with respect to article 9, paragraphs 3 and 4, the issue of remedies available to individuals during states of emergency has often been discussed. The Committee is satisfied that States parties generally understand that the right to habeas corpus and amparo should not be limited in situations of emergency. Furthermore, the Committee is of the view that the remedies provided in article 9, paragraphs 3 and 4, read in conjunction with article 2, are inherent in the Covenant as a whole. Having this in mind, the Committee believes that there is a considerable risk that the proposed draft third optional protocol might implicitly invite States parties to feel free to derogate from the provisions of article 9 of the Covenant during states of emergency if they do not ratify the proposed optional protocol. Thus, the protocol might have the undesirable effect of diminishing the protection of detained persons during states of emergency.

34. The Committee is also of the view that it would simply not be feasible to expect that all provisions of article 14 can remain fully in force in any kind of emergency. Thus, the inclusion of article 14 as such in the list of non-derogable provisions would not be appropriate.

35. This section of the Committee's report aims at providing a concise and up-to-date overview of the modifications recently introduced by the Committee in its working methods under article 40 of the Covenant and is particularly designed to make the current procedure more transparent and readily accessible to all, so as to assist States parties and others interested in the implementation of the Covenant. A detailed account of the methods of work usually applied by the Committee for the consideration of reports submitted by States parties appears in the Committee's last annual report.³

36. Since April 1991 (forty-first session), and in the light of recent or current events indicating that the enjoyment of human rights protected under the Covenant has been seriously affected in certain States parties, the Committee has resorted to the practice of requesting the States parties concerned to submit urgently reports on the situation (generally within three months). Such decisions have been taken regarding, in chronological order, Iraq (11 April 1991), the Federal Republic of Yugoslavia (4 November 1991), Peru (10 April 1992), Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro) (6 October 1992), Angola and Burundi (29 October 1993), Haiti and Rwanda (27 October 1994).

37. The situation regarding overdue reports has grown worse over the years, seriously jeopardizing the attainment of the objectives of the Covenant and hampering the ability of the Committee to monitor the implementation of the Covenant in the States parties concerned. As at 28 July 1995, a total of 106 reports (27 initial, 21 second periodic, 37 third periodic and 21 fourth periodic reports), involving a total of 85 States parties, were outstanding.

38. In view of the foregoing, the Committee decided at its fifty-second session that in future States parties that had not replied favourably to a special request or to a decision by the Committee and whose reports were overdue by five years or more should be sent a strongly worded note verbale requesting them to submit their reports as soon as possible. Such notes verbales were sent for the first time on 12 December 1994.

39. At the same session, the Committee also decided that, where the consideration of a report revealed a grave human rights situation, the Committee could request the State party concerned to receive a mission composed of one or more of its members in order to re-establish dialogue with it, explain the situation better and formulate appropriate suggestions or recommendations.

40. At its fifty-second session, the Committee modified its working methods so as to enable the specialized agencies and other United Nations organs to take a more active part in its activities. The Committee accordingly decided that a meeting would be scheduled at the beginning of each session of the pre-sessional working group so that it might suitably receive oral information provided by those organizations. Such oral information should thus relate to the reports to be considered during the Committee's session and, if need be, supplement the written information already provided.

41. Consequently, starting with the fifty-third session, the Working Group on Article 40 devoted a meeting to listening to such statements by specialized agencies and other United Nations organs concerning the reports to be considered during the plenary session. The Committee was highly appreciative both of the wealth of the oral or written information received and of the level of representation of the specialized agencies or other United Nations organs participating in such exchanges of views, in particular the International Labour Office and UNHCR.

42. On the basis of this experience and noting that the special rapporteurs or representatives and the working groups of the Commission on Human Rights were tending to make increasingly frequent reference to its comments, the Committee, at its fifty-third session, expressed the wish that they should also be allowed as far as possible to avail themselves of the procedure described in the previous paragraph. It therefore decided that, whenever possible, the special rapporteurs or representatives and representatives of working groups of the Commission on Human Rights that had drafted country reports or thematic reports would be invited to attend the aforementioned meeting of the Working Group on Article 40.

43. The Committee took note of the various recommendations made by the World Conference on Human Rights concerning the integration of a component regarding equality of status and human rights of women in the activities of the human rights treaty bodies (principles 36 to 42 of the Declaration of the Vienna Programme of Action).⁴ The Committee stressed in that connection that the lists of issues to be dealt with during the Committee's consideration of States' reports submitted under article 40 of the Covenant systematically included practical matters concerning equality of status and the human rights of women. Furthermore, general comment No. 4 (13) was devoted to matters concerning measures to be taken to give effect to article 3 of the Covenant, while general comment No. 18 (37) covered all the provisions against discrimination under articles 2, 3 and 26 of the Covenant. The Committee is envisaging the possibility of supplementing these two texts by a specific general comment.

44. At its fifty-third session, the Committee decided to amend paragraph 4 (c) of the Committee's guidelines concerning the initial reports submitted by States parties as follows:

"4.The part of the report relating specifically to parts I, II and III of the Covenant should describe in relation to the provisions of each article:

"(c) Any other factors or difficulties affecting the enjoyment of the right by persons within the jurisdiction of the States, including any factors affecting the equal enjoyment by women of that right".

45. Paragraph 6 (e) of the Committee's guidelines for periodic reports is amended accordingly. The guidelines as amended are reproduced in annex VII to the present report.

46. Under article 2, paragraph 1, of the International Covenant on Civil and Political Rights, each State party undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized and enumerated in Part III of the Covenant. In connection with this provision, article 40, paragraph 1, of the Covenant requires States parties to submit reports on the measures adopted and the progress achieved in the enjoyment of the various rights, and on any factors and difficulties that may affect the implementation of the Covenant. States parties undertake to submit reports within one year of the entry into force of the Covenant for the States parties concerned and thereafter whenever the Committee so requests. In order to assist States parties in submitting reports, the Human Rights Committee approved, at its second session, general guidelines regarding the form and contents of initial reports (see annex VII).

47. Furthermore, in accordance with article 40, paragraph 1 (b), of the Covenant, the Committee adopted a decision on periodicity at its thirteenth session requiring States parties to submit subsequent reports to the Committee every five years.⁵ At the same session, the Committee adopted guidelines regarding the form and contents of periodic reports from States parties under article 40, paragraph 1 (b), of the Covenant (see annex VII).

48. At its thirty-ninth session, the Committee adopted an amendment to its guidelines for the submission of initial and periodic reports relating to reporting by States parties on action taken in response to the issuance by the Committee of views under the Optional Protocol.⁶ At its forty-second session, the Committee revised its general guidelines for the submission of initial and periodic reports to take into account the consolidated guidelines for the initial part of the reports of States parties to be submitted under the various international human rights instruments, including the Covenant (HRI/CORE/1).⁷ In addition, at its fifty-third session, the Committee further amended its guidelines with a request to States to include in their reports information on any factors affecting the equal enjoyment by women of the rights protected under the Covenant (see para. 44 and annex VII).

49. During the period covered by the present report, the Committee received 16 initial or periodic reports, representing a significant increase by comparison with previous years. Initial reports were submitted by Brazil, Estonia, Guatemala, Latvia, Switzerland and Zambia; Cyprus, Denmark, Iceland, Mauritius, the Netherlands and Peru submitted their third periodic reports; and Belarus, the Russian Federation, Sweden and the United Kingdom of Great Britain and Northern Ireland submitted their fourth periodic reports.

50. The Committee noted that the reports submitted by States parties under article 40 of the Covenant increasingly reproduced the texts of legislation in extenso, which made the reports extremely bulky. The Committee noted that the States concerned adopted this practice with the clear intention of complying with the Committee's guidelines on initial reports (CCPR/C/5/Rev.2), which refer, inter alia to a description of the legislative, administrative or other measures in force relating to each right. The Committee nevertheless considers that States should include only necessary information in their reports, and in particular avoid simply paraphrasing the law without describing its practical application; this would obviate the huge increase in the volume of information furnished to the Committee, and consequently the growing constraints faced by the Secretariat in translating and reproducing documents as well as the inevitable delays occasioned in the consideration of reports.

51. The Committee received a communication from the Government of Mexico, dated 18 July 1994, regarding the consideration of its third periodic report by the Committee in March 1994 (fiftieth session).⁸ The communication included replies to certain oral questions to which the delegation had been unable to reply during the consideration of that report, as well as comments on the observations of the Committee contained in document CCPR/C/79/Add.32. The Government's communication is reproduced in document CCPR/C/108.

52. The Committee also received a communication dated 27 July 1995 from the Government of Latvia concerning consideration of its initial report (see paras. 334-361). It contained replies to certain oral questions which the delegation could not answer when its report was considered. In addition, in a communication of the same date, the Government of Ukraine made a number of observations about the Committee's final comments reproduced in paragraphs 305-333 below. The Government's communication appears in document CCPR/C/109.

53. In a letter dated 26 January 1995 addressed to the Chairman of the Committee, the Permanent Representative of the Federal Republic of Yugoslavia to the United Nations Office at Geneva stated, inter alia, that in view of the fact that the rights of Yugoslavia under the Covenant, particularly the right to equitable participation in the meetings of States parties, had been denied, its Government would only submit its fourth periodic report to the Committee when the Federal Republic of Yugoslavia was treated as an equal party to the Covenant.

54. In his reply on behalf of the Committee, on 13 July 1995, the Chairman underlined that the submission of reports under the Covenant constituted a solemn legal obligation assumed by each State party and was indispensable for carrying out the Committee's basic function of establishing a positive dialogue with States parties in the field of human rights. Therefore, non-submission of reports greatly hindered the process of dialogue and seriously undermined the objectives of the Covenant by hampering the Committee's ability to monitor the implementation of the Covenant. He further recalled that in an earlier decision the Committee had emphasized that all the people within the territory of the former Yugoslavia were entitled to the guarantees of the Covenant and that the Federal Republic of Yugoslavia was bound by the obligations under the Covenant. While it was not for the Committee to take a position on the action of the meeting of States parties with regard to the Federal Republic of Yugoslavia (Serbia and Montenegro), the Committee would continue to proceed on the basis of that understanding and expressed the hope that the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) would reconsider its decision and submit its report to the Committee as soon as possible (the contents of the letter are reproduced in annex VIII to the present report).

55. In view of the special difficulties encountered by Haiti and Rwanda in the implementation of the Covenant, the Committee adopted, at its 1374th meeting (fifty-second session), on 27 October 1994, the following special decisions:

"Deeply concerned at the difficulties encountered by Haiti in regard to protection of the human rights set forth in the International Covenant on Civil and Political Rights,

"1.Decides to request the Government of Haiti to submit its initial report without delay for discussion by the Committee at its fifty-third session, to be held from 20 March to 7 April 1995, and, in any event, to submit not later than 31 January 1995 a report, in summary form if necessary, relating in particular to the application of articles 6, 7, 9, 10 and 14 of the Covenant;

"2.Requests the Secretary-General to bring this decision to the attention of the Government of Haiti."

"Deeply concerned at the difficulties encountered by Rwanda in regard to protection of the human rights set forth in the International Covenant on Civil and Political Rights,

"1.Decides to request the Government of Rwanda to submit its third periodic report without delay for discussion by the Committee at its fifty-third session, to be held from 20 March to 7 April 1995, and, in any event, to submit not later than 31 January 1995 a report, in summary form if necessary, relating in particular to the application during the present period of articles 6, 7, 9, 10, 14 and 27 of the Covenant;

"2.Requests the Secretary-General to bring this decision to the attention of the Government of Rwanda."

56. Burundi submitted a special report pursuant to a decision to that effect adopted by the Committee on 29 October 1993 at its forty-ninth session.⁹ Haiti submitted a special report, which was considered at the Committee's fifty-third session (see paras. 55 and 224-241).

57. States parties to the Covenant must submit the reports referred to in article 40 of the Covenant on time so that the Committee can duly perform its functions under that article. These reports are the basis of the dialogue between the Committee and States parties, and any delay in their submission means an interruption of this process. However, serious delays have been noted since the establishment of the Committee. During the period covered by the present report, the Committee took various measures to induce States parties effectively to carry out their reporting obligation under article 40 of the Covenant. Reminders were sent on 12 December 1994 and 29 June 1995 to States parties whose reports had not been submitted as scheduled. In addition, at the session of March/April 1995, the members of the Bureau met in New York with the Permanent Representatives of all States parties whose initial report, periodic report or report under a special decision of the Committee had been overdue for more than four years. Such contacts were made with the Permanent Representatives of all the States concerned with the exception of Angola, the Gambia and the Democratic People's Republic of Korea.

58. After reviewing the situation with respect to the late submission both of initial and periodic reports, the Committee noted with regret that 85 States parties to the Covenant, or more than two thirds of all States parties, were in arrears with their reports. The Committee again considered itself duty-bound to express its serious concern about the fact that so many States parties are in default of their obligations under the Covenant. This state of affairs seriously impedes the Committee's ability to monitor the implementation of the Covenant, and it therefore decided to list in the core of its annual report to the General Assembly, as it had already done in its previous annual report, the States parties that have more than one report overdue. The Committee wishes to reiterate that these States are in serious default of their obligations under article 40 of the Covenant.

State party

Type of

report

Date due

Years

overdue

Number of

reminders

sent

Gabon

Initial

Second

Third

20 April 1984

20 April 1989

20 April 1994

Syrian Arab

Republic

Second

Third

18 August 1984

18 August 1989

Gambia

Second

Third

21 June 1985

21 June 1990

Lebanon

Second

Third

Fourth

21 March 1986

21 March 1988

21 March 1993

Suriname

Second

Third

2 August 1985

2 August 1990

Kenya

Second

Third

11 April 1986

11 April 1991

Mali

Second

Third

11 April 1986

11 April 1991

Jamaica

Second

Third

1 August 1986

1 August 1991

Guyana

Second

Third

10 April 1987

10 April 1992

Democratic

People's

Republic of

Korea

Second

Third

13 December 1987

13 December 1992

Equatorial

Guinea

Initial

Second

24 December 1988

24 December 1993

Central

African

Republic

Second

Third

9 April 1989

7 August 1992

Congo

Second

Third

4 January 1990

4 January 1995

Trinidad and

Tobago

Third

Fourth

20 March 1990

20 March 1995

Saint Vincent and

the Grenadines

Second

Third

31 October 1991

8 February 1993

Panama

Third

Fourth

31 March 1992

6 June 1993

Madagascar

Third

Fourth

31 July 1992

3 August 1993

Angola

Special

31 January 1994

Rwanda

Special

31 January 1995

59. At its 1314th meeting (fiftieth session), the Committee decided to discontinue its practice of including in its annual report summaries of the consideration of the reports submitted by States parties under article 40 of the Covenant. In accordance with that decision, the annual report shall contain, inter alia, the final comments adopted by the Committee at the end of the consideration of States parties' reports. Accordingly, the following paragraphs, arranged on a country-by-country basis in the sequence followed by the Committee in its consideration of the reports, contained the final comments adopted by the Committee with respect to the States parties' reports considered at its forty-ninth, fiftieth and fifty-first sessions.

60. The Committee considered the initial report of Nepal (CCPR/C/74/Add.2) at its 1359th and 1363rd meetings, on 17 and 19 October 1994, and adopted¹⁰ the following final comments:

61. The Committee welcomes the initial report (CCPR/C/74/Add.2) and the core document (HRI/CORE/1/Add.42) of Nepal and expresses its appreciation to the State party for the opening of a constructive dialogue. The Committee regrets, however, that the information provided in the report was in many respects incomplete and did not follow the Committee's guidelines regarding the form and contents of initial reports (CCPR/C/5/Rev.1). The lack of information on factors and difficulties impeding the implementation of the Covenant prevented the Committee from gaining a clear idea of the real human rights situation in the country.

62. The Committee expresses its appreciation to the State party for taking part in the dialogue and for responding to the questions raised by members of the Committee. The valuable information provided orally supplemented to a certain extent the report, thereby providing a sound basis for a frank and fruitful dialogue between the Committee and the State party. It, however, regrets that the delegation could not include representatives of the various ministries concerned with the implementation of the Covenant, in particular of the Ministry of Justice.

63. The Committee recognizes that Nepal is emerging from a long period of isolation, and that the remnants of authoritarian rule have not yet been overcome. Steps remain to be taken in engaging, consolidating and developing democratic institutions for better implementation of the Covenant. Economic depression, extreme poverty and widespread illiteracy constitute obstacles to the effective implementation of the Covenant.

64. The Committee welcomes the efforts undertaken by the State party to establish democratic institutions and multipartism as well as its declared commitment to the rule of law and the independence of the judiciary. It takes note, in particular, of the adoption of a new Constitution that provides the basis for a parliamentary system of government based on multi-party democracy as well as for an independent Supreme Court. The right of citizens to petition the Supreme Court to challenge laws which violate human rights and the use of this right is particularly welcomed. The Committee also notes with satisfaction that Nepal has recently acceded to a number of international human rights instruments, including the First Optional Protocol to the Covenant.

65. The Committee notes that the status of the Covenant within the legal system is unclear and that the necessary steps to adopt legislative and other measures to give effect to the rights recognized in the Covenant have not yet been taken. Furthermore, a significant gap exists between provisions of the Constitution and other legal norms, on the one hand, and their application in practice, on the other. Accordingly, there is a need to define clearly the place of the Covenant within the Nepalese legal system to ensure that domestic laws are applied in conformity with the provisions of the Covenant and that the latter can be invoked before the courts and applied by the other authorities concerned. The lack of publicity given to the provisions of the Covenant and the Optional Protocol is also a matter of concern. Since provisions of the Constitution seem to provide rights and freedoms to citizens only, the Committee draws the State party's attention to its obligations to ensure to all individuals within its jurisdiction the rights and freedoms recognized in the Covenant.

66. The Committee notes that the non-discrimination clauses in article 11 of the Constitution do not cover all the grounds provided for in articles 2 and 26 of the Covenant. It is particularly disturbed by the fact that the principle of non-discrimination and equality of rights suffers serious violations in practice and deplores inadequacies in the implementation of the prohibition of the system of castes. The persistence of practices of debt bondage, trafficking in women, child labour, and imprisonment on the ground of inability to fulfil a contractual liability constitute clear violations of several provisions of the Covenant.

67. The Committee expresses its concern about the situation of women who, despite some advances, continue to be de jure or de facto the object of discrimination as regards marriage, inheritance, transmission of citizenship to children, divorce, education, protection against violence, criminal justice and wages. The Committee is also concerned that the average life expectancy of women is shorter than that of men. It regrets the high proportion of women prisoners sentenced for offences resulting from unwanted pregnancies.

68. The Committee deplores the lack of clarity of the legal provisions governing the introduction and administration of a state of emergency, particularly article 115 of the Constitution, which would permit derogations contravening the State party's obligations under article 4, paragraph 2, of the Covenant.

69. The Committee is deeply concerned about the cases of summary and arbitrary executions, enforced or involuntary disappearances, torture and arbitrary or unlawful detention committed by members of the army, security or other forces during the period under review that have been brought to its attention. It deplores that those violations were not followed by proper inquiries or investigations, that the perpetrators of such acts were neither brought to justice nor punished and that the victims or their families were not compensated. It regrets that the draft laws against torture and ill-treatment of the person and on the compensation of victims of torture have not yet been adopted. Moreover, the quasi-judicial authority of the Chief District Officer and the insufficient protection of the independence of the judiciary undermine the efforts aimed at preventing the recurrence of such acts.

70. The Committee notes with concern the excessive restrictions on the right to freedom of expression and information and the restrictions that apply to the manifestation of religion and to change of religion.

71. The Committee recommends that the legislative reforms presently under way in Nepal be expanded and intensified in order to ensure that all relevant legislation is in conformity with the Covenant. It emphasizes the need for the provisions of the Covenant to be fully incorporated into domestic law and made enforceable by domestic courts. The necessary steps should be taken to give effect to the rights recognized in the Covenant. The text of the Covenant and the First Optional Protocol should be translated into all languages spoken in Nepal, widely publicized and included in school curricula, to ensure that the provisions of these instruments are widely known to members of the legal profession, the judiciary and law enforcement officials, as well as to the general public. The legal profession and non-governmental organizations should be encouraged to contribute to the process of reform.

72. The Committee stresses the need to take appropriate action in order to ensure the effective application of articles 2 and 3 of the Covenant, particularly through the adoption of administrative and educational measures designed to eliminate traditional practices and customs detrimental to the well-being and status of women and vulnerable groups of Nepalese society.

73. The Committee recommends that appropriate information be gathered and educational measures be taken to eradicate practices of debt bondage, trafficking in women and child labour. Prison reforms now envisaged should be accelerated.

74. The Committee recommends that the authorities adopt legislation to bring its domestic legal regime into harmony with its obligations under article 4, paragraph 2, of the Covenant.

75. The Committee urges the Government of Nepal to take all necessary measures to prevent extrajudicial and summary executions, enforced or involuntary disappearances, torture and degrading treatment and illegal or arbitrary detention. The Committee recommends that all such cases be systematically investigated in order to bring those suspected of having committed such acts before the courts and that the victims be compensated.

76. The Committee recommends that Nepal study measures directed towards the abolition of the death penalty, and give consideration to accession to the Second Optional Protocol.

77. The Committee also recommends that the necessary measures be taken by the Government to give effect to the separation of executive and judicial functions and to ensure the full independence and proper functioning of the judiciary. The texts of the draft laws against torture and ill-treatment of the person as well as on compensation of victims of torture should be brought into line with the provisions of the Covenant and adopted as soon as possible. Specifically targeted training courses on human rights for law enforcement officials, members of the judiciary and members of the police and security forces should be organized.

78. The Committee calls upon the State party to prepare its second periodic report in compliance with the Committee's guidelines regarding the form and contents of State party reports (CCPR/20/Rev.1). The report should, in particular, include detailed information on the specific laws applicable to each right protected under the Covenant and the extent to which each right is enjoyed in practice, and refer to specific factors and difficulties that might impede its application. In undertaking this obligation, the State party may avail itself of the Advisory Services and Technical Assistance Programmes of the Centre for Human Rights.

79. The Committee considered the fourth periodic report of Tunisia (CCPR/C/84/Add.1) at its 1360th to 1362nd meetings, on 18 and 19 October 1994, and adopted¹⁰ the following comments:

80. The Committee welcomes the timely submission of the fourth periodic report of Tunisia and appreciates the promptness with which the State party continues to meet its reporting obligations under the Covenant. The report contains useful and detailed information on measures taken by the Government, particularly with regard to legislative reform and institutional developments affecting the application of the Covenant. However, the Committee notes that the report does not contain sufficient information on factors and difficulties encountered in the implementation of the Covenant.

81. The Committee also welcomes the presence, during the examination of the report, of a high-level and competent delegation of experts knowledgeable in the implementation of the Covenant in Tunisia. The delegation provided much useful and updated information which facilitated a constructive dialogue with the State party.

82. The Committee is aware that Tunisia is in a period of economic, political and social transition and that it has to face the challenge of extremist movements.

83. The Committee notes with satisfaction the attempt to build a comprehensive constitutional and legal framework for the promotion and protection of human rights. The Committee welcomes recent progress in enhancing and strengthening that framework, notably the establishment of a number of human rights posts, offices and units within the executive branch with a view to ensuring greater conformity of Tunisian law and practice with the Covenant and other international human rights instruments.

84. The Committee also notes with satisfaction recent legislative reforms aimed at bringing Tunisian law into closer harmony with the requirements of the Covenant. In this connection, the Committee welcomes changes in the Penal Code, which have reduced the duration of preventive detention and strengthened sanctions in cases of family violence directed against women. The Committee also welcomes recent reforms in the Personal Status Code and other laws aiming to guarantee and reinforce the equal rights of women in a number of areas, including divorce, custody and maintenance, and to strengthen the protection of women against violence.

85. The Committee cannot conceal its disappointment with the deterioration in the protection of human rights in Tunisia in the period under review. It is concerned, in particular, about the growing gap between law and actual practice with regard to guarantees and safeguards for the protection of human rights. Although there is now in place an impressive array of State organs for the promotion and protection of human rights at various levels, the Committee notes that they have been concentrated exclusively within the executive branch of the Government. Consequently, it is not clear whether there are sufficiently independent mechanisms within the public administration and the judiciary to effectively monitor and enforce the implementation of existing human rights standards, including the investigation of abuses.

86. The Committee is particularly concerned about continuing reports of the abuse, ill-treatment and torture of detainees, including deaths in custody under suspicious circumstances. In this connection, it appears that Tunisian regulations are not strictly adhered to with respect to the prompt registration of persons arrested, the immediate notification of family members, the limitation of pre-trial detention to the 10-day maximum, the requirement of medical examinations whenever allegations of torture or other abuse are made and the carrying out of autopsies in all cases of death in custody. It is also not clear whether these and other requirements are being systematically monitored or whether investigations are automatically undertaken in all cases where there are either allegations or suspicious circumstances indicating that torture may have taken place. The Committee is also concerned that present laws are overly protective of government officials, particularly those concerned with security matters; it is particularly concerned that those government officials who have been found guilty of wrong-doing remain anonymous to the general public, becoming immune from effective scrutiny.

87. The Committee is concerned about the independence of the judiciary. It is also concerned by the reports on harassment of lawyers who have represented clients accused of having committed political offences and of the wives and families of suspects. With respect to article 6 of the Covenant, the Committee is concerned about the large number of crimes in Tunisia for which the death penalty may be imposed.

88. The Committee regrets that, despite the significant progress that has been achieved regarding the equal rights of women, there remain a number of outdated legal provisions that are contrary to the Covenant. Those provisions concern the status of married women and their equal rights in matters of child custody, the transmission of nationality and parental consent for the marriage of minor children. The Committee is also concerned about legal discrimination against non-Muslims with respect to eligibility for public office.

89. The Committee is concerned that dissent and criticism of the Government are not fully tolerated in Tunisia and that, as a result, a number of fundamental freedoms guaranteed by the Covenant are not fully enjoyed in practice. In particular, it regrets the ban on the publication of certain foreign newspapers. The Committee is concerned that those sections of the Press Code dealing with defamation, insult and false information unduly limit the exercise of freedom of opinion and expression as provided for under article 19 of the Covenant. In this connection, the Committee is concerned that those offences carry particularly severe penalties when criticism is directed against official bodies as well as the army or the administration, a situation which inevitably results in self-censorship by the media when reporting on public affairs. The Committee also notes with concern that it is not clear how procedures ensure independent review on the merits, including judicial appeal, in cases where those provisions of the Press Code have been invoked.

90. The Committee is concerned that the Associations Act may seriously undermine the enjoyment of the freedom of association under article 22, particularly with respect to the independence of human rights non-governmental organizations. In this connection, the Committee notes that the Act has already had an adverse impact on the Tunisian League for Human Rights. The Committee believes that the Political Parties Act and the conditions imposed on the activities of political parties are not in conformity with articles 22 and 25 of the Covenant. The Committee is also concerned that, under the Passport Act, the grounds for refusing a passport are not clearly specified by law in a way that complies with article 12 of the Covenant, leaving open the possibility of refusal on political or other unacceptable grounds.

91. The Committee is concerned that, while generally there is a well-protected freedom to practise and manifest one's religion, this right is not made available in respect of all beliefs.

92. The Committee recommends that steps be taken to strengthen the independence of human rights institutions in Tunisia and thereby close the gap between law and practice and enhance the confidence of the public in those institutions. The Committee emphasizes that the work of the "médiateur administratif", the Presidential Human Rights Commissioner and any commission investigating reports of human rights abuses should be transparent and the results should be made public. The Committee notes that a better balance is needed between State and private institutions concerned with human rights and, in that connection, suggests that steps be taken to provide more encouragement to human rights non-governmental organizations in Tunisia. The Committee also recommends that steps be taken to strengthen the independence of the judiciary, particularly from the executive branch.

93. The Committee strongly recommends that the State party consider ratifying or acceding to the First Optional Protocol to the International Covenant on Civil and Political Rights. Acceptance of the First Optional Protocol would strengthen the capacity of the Government with respect to inquiries into allegations of human rights abuses and also in regard to further elaborating jurisprudence relating to human rights matters.

94. With respect to reports of torture and abuse of detainees, the Committee strongly recommends closer monitoring of the arrest and detention process; systematic, prompt and open investigation into allegations; prosecution and punishment of offenders; and the provision of legal remedies for victims. There should be strict enforcement of registration procedures, including prompt notification of family members of persons taken into custody, and the 10-day limit to preventive detention. Steps should also be taken to ensure that medical examinations are automatically provided following allegations of abuse and that thorough autopsies are performed following any death in custody. In all cases where investigations are undertaken, the findings should be made public.

95. The Committee also recommends that the State party take steps to reduce the number of crimes for which the death penalty may be imposed and envisage acceding to the Second Optional Protocol to the Covenant.

96. With respect to discrimination, the Committee recommends that a further review of relevant legislation be undertaken with a view to amending the law where necessary in order to bring it into conformity with the requirements of the Covenant. Such a review should focus on the equal rights of women, particularly in regard to their parental and custodial rights and the transmission of nationality, as well as on existing legal impediments to the equal participation of non-Muslims in presidential elections.

97. The Committee recommends that measures be taken to ensure the exercise of freedom of opinion and expression in accordance with article 19 of the Covenant. In particular, there should be a review and, where appropriate, amendment of those provisions of the Press Code which unduly protect government policy and officials from criticism. Provision should also be made for independent judicial review of all sanctions imposed under the relevant act.

98. The Committee also recommends that a review be undertaken of the Associations Act, the Passport Act and the Political Parties Act to ensure that they are in full conformity with the requirements of the Covenant. With respect to freedom of religion, the Committee recommends that there be close and independent monitoring of the exercise of that right by all groups in Tunisia. The Committee emphasizes that its general comment on article 18 should be reflected in government policy and practice.

99. The Committee considered the third periodic report of Morocco (CCPR/C/76/Add.3 and Add.4) at its 1364th to 1366th meetings, on 20 and 21 October 1994, and adopted¹¹ the following comments:

100.The Committee welcomes the opportunity to resume its dialogue with the State party and thanks the Government for its report (CCPR/C/76/Add.3 and Add.4) and core document (HRI/CORE/1/Add.23). The Committee regrets, however, that although the report contained detailed information on laws and regulations giving effect to the Covenant, it did not include sufficient information about the implementation of the Covenant in practice or about factors and difficulties affecting the application of the Covenant.

101.The delegation provided valuable additional information on a number of issues not covered in the report, which enabled the Committee to obtain a better understanding of the human rights situation in Morocco. This enhanced the dialogue between the delegation and the Committee.

102.The Committee recognizes that the State party has embarked on a wide-ranging process of amending its domestic legislation to bring it into line with the Covenant. The process has not yet been completed and steps remain to be taken to harmonize the Constitution with the Covenant and develop democratic institutions and human rights machinery for better implementation of the Covenant. The remnants of certain traditions and customs constitute an obstacle to the effective implementation of the Covenant, particularly with regard to equality between men and women.

103.The Committee recognizes that the attitude of the Government has recently changed towards a greater openness in its handling of human rights issues, including its reporting obligations under the Covenant. In the latter regard, some frank oral answers given during the consideration of the report to questions raised by members regarding issues such as disappearances, the existence of the Tazmamart detention centre, the whereabouts of persons previously detained therein and the fate of the Oufkir family were appreciated.

104.The Committee welcomes the numerous measures taken during the period under review to improve democracy and institute a legal environment more favourable to the promotion and protection of human rights. The Committee notes with satisfaction the promulgation in 1992 of an amended Constitution and the amnesty of a number of political prisoners. Compensation is being paid to certain persons illegally detained. The Committee was also glad to learn of the commutation of death sentences to life imprisonment sentences, the establishment of the Constitutional Council and the Economic and Social Council, the holding on 27 September 1993 of parliamentary elections and the holding of a national symposium on problems affecting the news, information and communication services to recommend modifications in the legislation to, inter alia, bring it into line with international human rights standards, which constitute steps to consolidate the rule of law. Some progress has been made in the promotion of the status of women and women have been elected to Parliament for the first time. The Committee also welcomes the information that measures have been taken to teach the Covenant and other international human rights instruments to members of the judiciary and the police. The freedom now given to non-governmental organizations to be active in the country is also a matter of appreciation.

105.The Committee notes that the Constitution does not contain specific provisions as to the relationship between international treaties and domestic law. Accordingly, there is a need to define better the place of the Covenant within the Moroccan legal system to ensure that domestic law is applied in conformity with the provisions of the Covenant.

106.The Committee is concerned about Morocco's role with regard to the persistent problems regarding self-determination in Western Sahara.

107.The Committee regrets that, although some improvement has been achieved as regards the status of women, the State party has not yet embarked on all the necessary reforms to combat the difficulties still impeding equality between men and women. The Constitution provides for equality only in the area of political rights, and the situation of women in both public and private law continues to be de jure or de facto the object of discrimination as regards the right to leave the country, freedom to pursue commercial activities, personal status, marriage, divorce, inheritance rights, transmission of nationality, education, access to work and participation in the conduct of public affairs.

108.The Committee is concerned that the categories of crimes punishable by the death penalty include crimes in respect of which, by reference to article 6 of the Covenant, the death penalty should not be imposed.

109.Despite the amnesty of political prisoners and the destruction of certain unregistered places of detention, the Committee continues to deplore that a large number of cases of summary and arbitrary executions, enforced or involuntary disappearances, torture and arbitrary or unlawful detention committed by members of the army, including cases concerning persons previously detained in Tazmamart, have not yet been investigated. Furthermore, the perpetrators of such acts were neither brought to justice nor punished. The Committee deplores that measures of clemency adopted during the period under review were generally not extended to Western Sahara.

110.The Committee is concerned that guarantees contained in articles 9, 10 and 14 of the Covenant are not complied with. Despite some efforts to build new prisons, the Committee remains concerned about conditions of detention, particularly overcrowding of prisons, which frequently lead to malnutrition, diseases and deaths of detainees. Concern is also expressed about the long period of detention without charge under article 154 of the Code of Criminal Procedure, which appears to be incompatible with article 9 of the Covenant. The Committee is also concerned about the obstacles to the independence and impartiality of the judiciary.

111.The Committee is concerned about the full implementation of the right to freedom of movement, including in particular the restrictions still imposed on members of the Oufkir family.

112.The Committee notes with regret the shortcomings in the observance of article 18 of the Covenant, in particular the restrictions affecting the Baha'i right to profess and practise their belief and limitations on inter-religious marriage. Concern is also expressed at the impediment placed upon the freedom to change one's religion.

113.The Committee expresses concern about the extent of the limitations on the freedom of expression, assembly and association under the Dahir of 1973 and especially limitations on the right to criticize the Government. Governmental control of the media as well as the imprisonment of some journalists for having expressed criticisms give rise to serious concern.

114.The Committee is concerned that the electoral system, under which two thirds of members of the House of Representatives are elected by direct universal suffrage and one third by an electoral college, may raise issues as to the requirements, under article 25 (b) of the Covenant, that elections be held by "universal and equal suffrage". The wide scope of executive power in the hands of the King has implications for the effective independence of the judiciary and the democratic processes of Parliament.

115.The Committee recommends that the State party consolidate the process of constitutional revision in order to ensure that all the requirements of the Covenant are reflected in the Constitution, thereby bringing the Constitution into true compliance with the Covenant and ensuring that the limitations imposed on the exercise of rights and freedoms under national legislation do not go beyond those permitted under the Covenant.

116.The Committee hopes that the Government of Morocco will give serious consideration to becoming a party to the First Optional Protocol.

117.The Committee further recommends that Morocco study measures to limit the categories of crimes punishable by the death penalty to the most serious offences, with a view to its eventual abolition.

118.The Committee emphasizes the need for the Government to prevent and eliminate discriminatory attitudes and prejudices towards women and to revise domestic legislation to bring it into conformity with articles 2, 3 and 23 of the Covenant, taking into account the recommendations contained in the Committee's general comments Nos. 4, 18 and 19. It recalls in that regard that, although several reservations were made by Morocco in acceding to the Convention on the Elimination of All Forms of Discrimination against Women, Morocco remains bound to the fullest extent by the provisions of articles 2, 3, 23 and 26 of the Covenant.

119.The Committee recommends that the Moroccan authorities ensure that summary and arbitrary executions, enforced or involuntary disappearances, torture, ill-treatment and illegal or secret detention do not occur and that any such cases be investigated in order to bring before the courts those suspected of having committed or participated in such crimes, to punish them if found guilty, and to provide compensation to victims. The Committee expresses the wish that any measures of clemency be granted on a non-discriminatory basis in conformity with articles 2 and 26 of the Covenant. It also recommends that measures of administrative detention and incommunicado detention be restricted to very limited and exceptional cases, and that the guarantees concerning pre-trial detention provided for in article 9, paragraph 3, of the Covenant be fully implemented. Further measures should also be taken to improve detention conditions and, particularly, to ensure that the United Nations Standard Minimum Rules for the Treatment of Prisoners are complied with and the relevant regulations and directives known and accessible to prisoners. Proposed measures to strengthen the presumption of innocence should be implemented as soon as possible.

120.The Committee emphasizes the need to take further measures to guarantee the freedom of religion and to eliminate discrimination on religious grounds. It suggests in this connection that the State party take into account the recommendations contained in the general comment on article 18 of the Covenant.

121.The Committee recommends that restrictions imposed on the rights to freedom of expression, assembly and association under the Dahir of 1973 be modified and brought into line with those permitted under the Covenant to ensure their application in conformity with the Covenant on a non-arbitrary basis.

122.The Committee recommends that the authorities ensure that the third periodic report of Morocco and the comments of the Committee are disseminated as widely as possible in order to encourage the involvement of all sectors concerned in the improvement of human rights.

123.The Committee considered the second periodic report of the Libyan Arab Jamahiriya (CCPR/C/28/Add.16) at its 1275th, 1276th, 1376th and 1377th meetings, on 26 October 1993 and 28 October 1994, and adopted¹¹ the following comments:

124.The Committee welcomes the opportunity to renew its dialogue with the State party, as 15 years have elapsed between the consideration of the Government's initial report and the submission of its second periodic report. The Committee, however, regrets this considerable delay. It regrets also that the reporting guidelines have not been met. The report does not give sufficient information about the restrictions or limitations imposed on rights or about factors and difficulties affecting the enjoyment of rights and the implementation of the Covenant in the Libyan Arab Jamahiriya. In addition, the report lacks information about abuses affecting human rights in the country that have been acknowledged even by the head of State; and also about administrative and other measures adopted to give effect to the rights provided for in the Covenant.

125.The Committee welcomes the additional written information provided by the Libyan authorities to reply to the questions raised by the members of the Committee during the first part of the consideration of the report in October 1993, while regretting that the late submission of that information did not make it possible to have the document available in all the working languages of the Committee. The Committee takes note with satisfaction of the efforts made by the Libyan Government to reply to its questions and to clarify certain issues, both in writing and orally through the Government's representatives. Those efforts clearly indicate the willingness of the Government to continue the dialogue with the Committee.

126.Among the factors affecting the implementation of the Covenant, the Committee notes economic difficulties and the existence of extremist movements. The Committee also notes that the embargo on air travel, imposed by the Security Council on the Libyan Arab Jamahiriya since April 1992, is considered by the Libyan Government as a difficulty affecting the implementation of certain provisions of the Covenant.

127.The Committee notes with satisfaction that the Covenant is part of the domestic law of the Libyan Arab Jamahiriya and that certain aspects of the Covenant have been included in the Great Green Charter of Human Rights of the Jamahiriyan Era (1988), in the Promotion of Freedom Act of 1991 and in the draft Constitution. It welcomes the fact that the Covenant has been published in the Official Bulletin and publicized in the media, while noting that the information provided to the Committee was not sufficient to clarify the precise application of the Covenant provisions or the practical steps open to people to enforce rights or to obtain remedies in case of violation.

128.The Committee also notes with satisfaction the measures taken in the Libyan Arab Jamahiriya to overcome discriminatory attitudes towards women and the initiatives introduced in the country to advance women's rights, to ensure their greater involvement in public life and to improve women's equality in employment and in marriage.

129.The Committee further welcomes the information in the report about the release of certain political and other prisoners, the demolition of certain prisons, the cancellation of the lists of persons banned from travelling and the proposed abolition of the special courts.

130.The Committee is seriously concerned that although the report mentions the objective of eliminating the death penalty, a large number of offences remain punishable by the death penalty in the Libyan Arab Jamahiriya, including economic crimes and other crimes that appear to go beyond the limitations of article 6 (2) of the Covenant. The Committee deplores that there appears to be have been an increase in the number of executions in the last year.

131.The Committee is seriously concerned at information it has received from United Nations and other reliable sources concerning summary or extrajudicial execution and torture perpetrated by the Libyan security forces. It deplores the introduction of cruel punishments such as flogging and amputation. The practice of arbitrary arrest and detention, the detention of persons sentenced after unfair trials and the length of pre-trial detention are also matters of serious concern. The Committee regrets the lack of information about certain identified people who are said to be held in incommunicado detention without trial for lengthy periods and about persons who oppose the Government and are said to have disappeared.

132.The Committee is also concerned at certain restrictions imposed in the Libyan Arab Jamahiriya on the freedom of opinion and expression, the right of assembly and the right to freedom of association, which are not in conformity with articles 19, 21 and 22 of the Covenant. These restrictions also unduly limit the rights to participate in the conduct of public affairs, including the opportunity to criticize and to oppose the Government.

133.Lack of information makes it difficult for the Committee to assess the effectiveness in practice of safeguards protecting the rights of detainees and of those charged with criminal offences. The lack of independence of the legal profession and doubts about the openness and fairness of trial procedures remain concerns of the Committee.

134.In regard to women the Committee remains concerned about their lack of equality in certain areas of law such as inheritance rights and nationality. It also regrets the lack of specific information concerning the equality of women.

135.Another area of concern is that of freedom of religion. The severe punishments for heresy (which are said not to have been used) and the restrictions on the right to change religion appear to be inconsistent with article 18 of the Covenant. The lack of provision for conscientious objection to military service is another concern.

136.A general concern of the Committee is that in regard to many of the rights under the Covenant the basic law allows for broadly defined exceptions to these rights and no information has been provided as to the way in which those exceptions have been incorporated in specific laws or as to whether their application is in conformity with the Covenant.

137.The Committee encourages the State party to take the necessary steps to adopt legislative or other measures to give effect to the rights recognized in the Covenant, as provided for by article 2, paragraph 2, of the latter. The Committee emphasizes that these rights represent minimum standards of universal application. This will require a detailed examination of specific laws and practices to ensure that they are fully consistent with the Covenant and do not impose limitations on rights other than those permitted by the Covenant.

138.Noting the statement in the report that the objective of Jamahiri society is to abolish the death penalty, the Committee encourages the State party to move forward with its plans to abolish the death penalty so that it may accede to the Second Optional Protocol to the Covenant.

139.The Committee calls upon the Libyan Arab Jamahiriya to investigate all allegations of summary or extrajudicial execution, disappearances, torture and incommunicado detention, including those referred to by the Committee, and to ensure that those responsible for violations of articles 6, 7 and 9 of the Covenant are prosecuted and that appropriate remedies are provided to the victims. It should implement effective measures to prevent further violations of those provisions of the Covenant and to ensure that the rights of detainees are respected and that the requirements of fair trial are met.

140.The Committee recommends that the State party review its laws that impose limitations on freedom of opinion, expression, association and assembly, to ensure that the restrictions on those freedoms conform to the limits permitted under articles 19, 21 and 22 of the Covenant.

141.The Committee urges the State party to continue with its programme to secure full legal and de facto equality for women in all aspects of society. It should also ensure that its obligations to respect freedom of religion in accordance with article 18 of the Covenant are met. In this connection, the Committee draws attention to its general comment on article 18 of the Covenant.

142.The Committee finally recommends that more detailed information about specific laws and more concrete and factual information about the enjoyment of rights be provided by the Libyan Arab Jamahiriya in its next periodic report so as to enable the Committee to understand clearly the progress made in the implementation of the Covenant in the State party.

143.The Committee urges the State party to discharge, in future, its reporting obligations under article 40 of the Covenant on a more timely basis.

144.The Committee considered the second periodic report of Argentina (CCPR/C/75/Add.1) at its 1389th to 1391st meetings, on 21 and 22 March 1995, and adopted¹² the following final comments:

145.The Committee welcomes the second periodic report submitted by the State party and views with satisfaction the frank and constructive manner in which the dialogue with the Committee has been conducted. It welcomes in particular the comprehensive answers provided by the high-level delegation representing the State party. None the less, the Committee expresses its regret that the report does not adequately deal with the factors and difficulties encountered with regard to the actual implementation of the Covenant. The Committee notes that this shortcoming was compensated in part by the oral update of the report, as well as the oral replies provided to the list of issues and other questions raised by the Committee during the consideration of the State party's report.

146.The Committee notes that the compromises made by the State party with respect to its authoritarian past, especially the Law of Due Obedience and Law of Punto Final and the presidential pardon of top military personnel, are inconsistent with the requirements of the Covenant.

147.The Committee notes with satisfaction Argentina's continuous progress in its efforts to democratize and to match its level of human rights protection with international standards. Although much work remains to be done in this area, legislative developments since 1983 indicate that Argentina is committed to the protection of human rights at the highest levels. In this connection, the Committee welcomes the constitutional reforms of August 1994, which elevate several international human rights instruments, including the Covenant and the First Optional Protocol, above national laws and grants them constitutional status (arts. 31 and 75 (22) of the Constitution). The Committee further welcomes the creation of the post of "Defender of the People", which was established in December 1993 under Act 24,284. This post is responsible for the protection of the rights of the Argentine people against possible infringement by the national authorities.

148.The Committee welcomes the programmes established for the advancement of women's equality and particularly welcomes the recognition on the part of the State party of violence against women as a matter of concern.

149.The Committee welcomes the enactment of Act 24,043 granting compensation to those who were detained by order of the Executive. It also welcomes Act 24,411, which grants some benefits to relatives of disappeared persons.

150.The Committee welcomes the revisions made to the Code of Criminal Procedure, those which are under way to the Code of Civil Procedure, the reform of the prison system and the establishment of the Office of the Government Procurator for the Prison System. It also welcomes the efforts by the State party to rehabilitate convicted prisoners and construct more facilities to alleviate prison crowding.

151.The Committee notes with satisfaction the elimination in the constitutional reforms of 1994 of the qualification that the President of the Republic must be Catholic.

152.The Committee also notes with satisfaction that the Ministries of the Interior and of Foreign Affairs are conducting human rights training programmes for law enforcement officials, personnel engaged in the administration of justice, and the general public.

153.The Committee reiterates its concern that Act 23,521 (Law of Due Obedience) and Act 23,492 (Law of Punto Final) deny effective remedy to victims of human rights violations, in violation of article 2, paragraphs 2 and 3, and article 9, paragraph 5, of the Covenant. The Committee is concerned that amnesties and pardons have impeded investigations into allegations of crimes committed by the armed forces and agents of national security services and have been applied even in cases where there exists significant evidence of such gross human rights violations as unlawful disappearances and detention of persons, including children. The Committee expresses concern that pardons and general amnesties may promote an atmosphere of impunity for perpetrators of human rights violations belonging to the security forces. Respect for human rights may be weakened by impunity for perpetrators of human rights violations.

154.In the latter connection, the Committee regrets that evidence presented to the Senate against members of the armed forces, proving that they have engaged in extrajudicial executions, forced disappearances, torture, or other violations of human rights, may in some cases prevent the promotion of those accused but does not in itself cause their dismissal.

155.The Committee is concerned about threats to members of the judiciary, which through intimidation seek to compromise the independence of the judiciary as set forth in article 14 of the Covenant. The Committee is further concerned about attacks against journalists and unionists, and the lack of protection afforded to them, which restricts the enjoyment of the rights of expression and association provided for in articles 19 and 22 of the Covenant.

156.While the Committee welcomes Act 24,043 and Act 24,411, it regrets that they do not provide for compensation for victims of torture. The Committee expresses concern about cases of excessive use of force, torture and arbitrary or unlawful detentions committed by members of the police and the armed forces which have been brought to its attention. It is concerned that there is no clear mechanism for investigating complaints of police violence that ensures there will be no reprisals against complainants, that where provincial administrations are lax in dealing with allegations of police violence the federal authorities do not ensure compliance with the Covenant, and that the perpetrators of acts of police violence generally are not punished and the victims are not compensated. It expresses concern about the delay in resolving the situation of children of disappeared persons and is especially disturbed at the failure of the report to provide any information at all on the real situation as it relates to article 7 of the Covenant.

157.The Committee is concerned that the Penal Code appears to be deficient in certain key areas that apparently conflict with the principle of presumption of innocence (art. 14, para. 2, of the Covenant). It is concerned about the system of pre-trial detention, which it considers to be one of the remaining vestiges of authoritarian rule. The Committee also expresses concern that persons may be detained for a period longer than the maximum penalty allowed by law and regrets, in this connection, that article 317 of the Constitution does not order their release. The Committee further notes that bail is established according to the economic consequences of the crime committed and not by reference to the probability that the defendant will not appear in court or otherwise impede due process of law. Nor is it compatible with the presumption of innocence that the length of pre-trial detention is not a product of the complexity of the case but is set by reference to the possible length of sentence. The Committee is also concerned that accused persons are held in detention in the same facilities as convicted persons, and that the grounds for judicial authorization of telephone tapping may be too broadly drawn.

158.The Committee recommends that the State party, in accordance with article 2, paragraph 2, of the Covenant, develop mechanisms for compensating all remaining victims of past violations of human rights by amending Act 24,043 or enacting appropriate legislation for the victims of such crimes. The Committee especially recommends that appropriate care be taken in the use of pardons and general amnesties so as not to foster an atmosphere of impunity (see the Committee's general comment No. 7 (16)). The Committee recommends that members of the armed forces or security forces against whom sufficient evidence of involvement in gross human rights violations exists be removed from their posts.

159.The Committee urges the State party to continue to investigate the whereabouts of disappeared persons, to complete urgently investigations into the allegations of illegal adoption of children of disappeared persons and to take appropriate action. It also urges the State party fully to investigate recent allegations of murders committed by the military during the period of military rule and to take action on the findings.

160.The Committee notes that the Office of the Under-Secretary-General of Human and Social Rights falls under the jurisdiction of the Ministry of the Interior, which also regulates the police forces. The Committee recommends that measures to guarantee the independence of the Under-Secretary-General be taken, particularly with respect to investigations of human rights violations.

161.The Committee urges that all necessary steps be taken to prevent cases of excessive use of force, torture, arbitrary detention or extrajudicial execution by members of the armed forces or the police. These steps should include preventive, disciplinary and punitive measures, as well as appropriate training. All violations should be investigated and the victims compensated.

162.The Committee recommends that special protection be provided to journalists and members of trade unions under threat or intimidation so as effectively to protect the rights provided for in articles 19 and 22 of the Covenant.

163.With respect to the Code of Criminal Procedure, the Committee recommends that the system of pre-trial detention be carefully reviewed. Legal safeguards should be established to ensure that, in instances where pre-trial detention exceeds the maximum applicable penalty for a crime, the defendant will be released without qualification. The Committee urges the State party to define clearly the purpose of pre-trial detention and to set the length of detention accordingly, applying the principle of presumption of innocence. It recommends the same consideration in the setting of bail.

164.The Committee recommends that the State party include information in its next report on the procedures established to ensure compliance with the views and recommendations adopted by the Committee under the First Optional Protocol, also bearing in mind its obligations under article 2 of the Covenant.

165.The Committee recommends that Argentina include, in its next periodic report, information on the measures adopted to follow up on the present comments and give effect to its suggestions and recommendations. It further recommends that its comments be widely disseminated and incorporated into the curriculum of the human rights training programmes organized for law enforcement officials and administrators of justice.

166.The Committee considered the third periodic report of New Zealand (CCPR/C/64/Add.10 and HRI/CORE/1/Add.33) at its 1393rd to 1395th meetings, on 23 and 24 March 1995, and adopted¹² the following final comments:

167.The Committee expresses its appreciation to the State party for its excellent report, which contains detailed information on law and practice relating to the implementation of the Covenant and is in full conformity with the Committee's guidelines. The Committee appreciates the fact that the report shows continuous development in the protection of rights and allows the dialogue with the Committee to take place as an unbroken continuation of the examination of the initial and second reports. The Committee is also grateful for the oral responses provided by the competent delegation and considers that the dialogue with the State party has been most fruitful and constructive.

168.The Committee commends the State party for the core document (HRI/CORE/1/Add.33), which has been drawn up in accordance with the consolidated guidelines for the initial part of reports to be submitted by States parties under the various international human rights instruments (HRI/1991/1).

169.The Committee finds that there are no important difficulties which may affect the implementation of the Covenant in New Zealand.

170.The Committee notes with appreciation the level of achievement in respect of human rights in New Zealand. It particularly welcomes the positive developments that have been realized following recommendations of the Committee at the end of the consideration of the second periodic report of New Zealand. Among these developments, the Committee notes the accession to the First Optional Protocol to the Covenant and the ratification of the Second Optional Protocol to the Covenant following the adoption of the Abolition of the Death Penalty Act, 1989.

171.The Committee considers the adoption and entry into force on 25 September 1990 of the Bill of Rights Act, which expressly affirms New Zealand's commitment to the Covenant and which provides a statutory basis for the protection of human rights and fundamental freedoms in New Zealand, as an important step towards the full protection of the rights set forth in the Covenant. The Committee also welcomes the passage into law of the Privacy Act 1993, which promotes and protects individual privacy, and of the Human Rights Act, which entered into force on 1 February 1994. The latter Act further enhances protection of article 2, paragraph 1, of the Covenant by extending the grounds on which discrimination is prohibited. The Act also expands the role of the Human Rights Commission and enables it to inquire into any matter where it appears that human rights have been infringed.

172.The Committee welcomes widely based legislation to provide protection against domestic violence. The Committee is also pleased to note the provision of appeals procedures for refugees and that applicants for refugee status are entitled to work pending a decision on their status. Planned improvements of prison conditions are also welcome.

173.The Committee welcomes the important developments that have occurred in relation to the interests of the Maori. Among these developments, the Committee notes the increasing importance of the work of the Treaty of Waitangi Tribunal in dealing with Maori claims against the Crown. The Committee also appreciates the fact that New Zealand has dedicated the first year of the International Decade of the World's Indigenous People to the Maori language. In this connection, the Committee takes note with satisfaction of the adoption of a language nest programme whereby Maori language, customs and values are taught to pre-school children, as well as other programmes set up to promote Maori language, art and culture.

174.The Committee also welcomes the changes introduced in the electoral law which may provide greater opportunities for the representation of minority groups, Maori and women.

175.With regard to the right of self-determination, the Committee welcomes the development of local institutions of government in Tokelau and the gradual delegation of powers to Tokelauan authorities, which corresponds to the desire of the people of Tokelau to be self-reliant to the greatest extent possible.

176.The Committee regrets that the provisions of the Covenant have not been fully incorporated into domestic law and given an overriding status in the legal system. Article 2, paragraph 2, of the Covenant requires States parties to take such legislative or other measures which may be necessary to give effect to the rights recognized in the Covenant. In this regard the Committee regrets that certain rights guaranteed under the Covenant are not reflected in the Bill of Rights, and that it does not repeal earlier inconsistent legislation and has no higher status than ordinary legislation. The Committee notes that it is expressly possible, under the terms of the Bill of Rights, to enact legislation contrary to its provisions and regrets that this appears to have been done in a few cases.

177.The Committee expresses concern about the absence of express provision for remedies for all those whose rights under the Covenant or the Bill of Rights have been violated.

178.The Committee regrets that the operation of the new prohibited grounds of discrimination, contained in section 21 of the Human Rights Act 1993, is postponed until the year 2000. It also notes with concern that the prohibited grounds of discrimination do not include all the grounds in the Covenant and, in particular, that language is not mentioned as a prohibited ground of discrimination.

179.The Committee is concerned about provisions in the Criminal Justice Amendment Act which provide for a sentence of indeterminate detention for offenders convicted of serious crimes who are likely to repeat such crimes. The imposition of punishment in respect of possible future offences is inconsistent with articles 9 and 14 of the Covenant.

180.In relation to the right of freedom of expression, the Committee expresses its concern over the vagueness of the term "objectionable publication" and the fact that section 121 of the Films, Videos and Publications Classification Act makes the "possession of any objectionable publication" a criminal offence, even if the person concerned has no knowledge or no reasonable cause to believe that the publication is considered to be objectionable.

181.The Committee is concerned about the fact that, while the Human Rights Act contains a provision corresponding to article 20, paragraph 2, of the Covenant, this provision does not include a prohibition of advocacy of religious hatred.

182.The Committee regrets that despite improvements, Maori still experience disadvantages in access to health care, education and employment. The Committee is also concerned that the proportion of Maori in Parliament and other high public offices, liberal professions and in the senior rank of civil service remains low.

183.The Committee also regrets the delay in the submission of reports under the Covenant by the Tokelau and the Cook Islands Governments and reminds the Government of New Zealand of its obligations under the Covenant in this regard.

184.The Committee recommends that the State party take appropriate measures to incorporate all the provisions of the Covenant into domestic law and to provide remedies for all persons whose rights under the Covenant have been violated.

185.The Committee recommends that the Bill of Rights be revised in order to bring it into full consistency with the provisions of the Covenant and to give the courts power as soon as possible to strike down or decline to give effect to legislation on the ground of inconsistency with Covenant rights and freedoms as affirmed in the Bill of Rights.

186.The Committee recommends that the State party revise the provisions relating to "indeterminate sentence of preventive detention" contained in the Criminal Justice Amendment Act in order to bring the Act into full consistency with articles 9 and 14 of the Covenant.

187.The Committee equally recommends amendment of the Films, Videos and Publications Classification Act by a more specific definition of "objectionable publication" or by removing criminal liability for possession without knowledge of or reasonable cause to believe in the objectionability of material.

188.The Committee expresses the hope that any decisions to be taken about future limitations to the entitlement of Maori to advance claims before the Waitangi Tribunal will take full account of Maori interests under the Treaty of Waitangi.

189.The Committee recommends that the State party include information in its next report on the procedures established to ensure compliance with the views and recommendations adopted by the Committee under the First Optional Protocol, also bearing in mind its obligations under article 2 of the Covenant.

190.The Committee recommends that the State party review its reservations relating to articles 10 and 22 of the Covenant with a view to withdrawing them.

191.The Committee would appreciate receiving in the next periodic report information on the experience gained in applying the new Electoral Act and about the Equal Employment Opportunity provisions and their effects on women's entitlement to equal pay and equal employment opportunity. The Committee would also like to be informed on further activities of the National Human Rights Commission and the Treaty of Waitangi Tribunal, and about progress in prison reform.

192.The Committee considered the initial report of Paraguay (CCPR/C/84/Add.3 and HRI/CORE/1/Add.24) at its 1392nd and 1396th meetings, on 22 and 24 March 1995, and adopted¹³ the following comments:

193.The Committee welcomes the initial report submitted by the State party and views with satisfaction the cooperative attitude of the delegation in engaging in the dialogue with the Committee. It regrets, however, that the report, while providing detailed information on prevailing legislation in Paraguay, does not adequately deal with the actual state of implementation of the Covenant in practice and the difficulties encountered during implementation. Although the information provided orally by the delegation has addressed some of the concerns of the Committee, the Committee has obtained only a partial picture of the human rights situation in the country.

194.The Committee commends the State party for the core document (HRI/CORE/1/Add.24), which has been drawn up in accordance with the consolidated guidelines for the initial part of reports to be submitted by States parties under the various international human rights instruments (HRI/1991/1).

195.The Committee recognizes that the State party, which is emerging from a change of government in 1989 that ended a long period of dictatorial rule, is undergoing a transition towards democracy in which the infrastructure necessary for the implementation of the Covenant has not been fully developed. The Committee understands that the many encouraging legislative initiatives with respect to human rights are being implemented with difficulty, and that a full assessment of such implementation is not yet possible.

196.The Committee notes with satisfaction Paraguay's continuous progress since 1989 in its efforts to democratize and to match its level of human rights protection with international standards. It particularly welcomes the signing and ratification of a number of international human rights instruments, including the Covenant and the First Optional Protocol, and the legislative and administrative steps taken to advance their implementation. The Committee also commends the State party for ratifying the Covenant without entering any reservations.

197.The Committee particularly welcomes the promulgation of the 1992 Constitution, which incorporates provisions for the protection of civil and political rights and grants constitutional status to a number of international human rights instruments, including the Covenant, thus elevating them above national law.

198.The Committee further welcomes the creation of machinery to receive complaints and manage various aspects of human rights issues, including the Directorate-General for Human Rights under the Ministry of Justice and Labour, the Office of the Ombudsman, and the Human Rights Commissions established in the two Chambers of Congress.

199.The Committee welcomes the amendments made to the Civil Code in 1992 and other relevant legislation that advanced the equal enjoyment of civil and political rights by women. It also welcomes the establishment of the Women's Secretariat.

200.The Committee appreciates the declaration made by the delegation according to which the Government will not enact any amnesty law, and that, on the contrary, concrete steps have already or are being taken to make accountable perpetrators of human rights abuses under the past dictatorial regime. It notes in this regard that such laws, where adopted, are preventing appropriate investigation and punishment of perpetrators of past human rights violations, undermine efforts to establish respect for human rights, further contribute to an atmosphere of impunity among perpetrators of human rights violations, and constitute impediments to efforts undertaken to consolidate democracy and promote respect for human rights.

201.The Committee notes with satisfaction the Government's initiative to make public the military's archives, thus enabling individuals to file complaints based on the information contained in those archives.

202.The Committee notes with satisfaction the incorporation of human rights issues into the formal secondary education curriculum.

203.The Committee welcomes Paraguay's efforts to modernize the judicial process with international assistance. It also notes that a revision of the Penal Code and the Code of Criminal Procedure is under way.

204.The Committee takes note of the will of the State party to ratify the Second Optional Protocol to the Covenant on the abolition of the death penalty.

205.The Committee regrets that no information was provided about the compensation of victims of human rights violations during the dictatorship.

206.The Committee expresses concern about the continuing occurrence of torture and ill-treatment of detainees, even after the restoration of democracy in 1989. In this connection, the Committee is concerned that there remain officials who are identified and committed to the authoritarian practices of the former regime.

207.The Committee is concerned that, despite constitutional guarantees for the rights of women, women continue to receive unequal treatment in Paraguay, owing in part to outdated laws that clearly contradict the provisions of the Covenant. These would include laws that are more lenient in instances of infanticide committed to protect the honour of a woman than in ordinary cases of homicide and laws that make distinctions in the punishment accorded to persons who rape or abduct women depending on the marital status of the victim. It further notes that labour laws do not adequately protect the rights of women. It notes that domestic work, which is a principal occupation among women, is excluded from minimum wage laws.

208.The Committee expresses its concern about the high level of deaths among expectant mothers referred to in the report. In this regard, it regrets that the State party could not provide information about the effect of the enforcement of abortion laws on this high level of deaths.

209.The Committee is concerned that national laws in conflict with the Constitution remain on the books. In addition, some constitutional provisions, such as the right to compensation for violation of rights (art. 39), still require implementing laws.

210.The Committee notes with concern the practice of not separating accused from convicted persons in prisons, which violates article 10, paragraph 2 (a), of the Covenant. The Committee also notes with concern that there are not sufficient measures to limit pre-trial detention, which makes such detention a common practice rather than an exceptional measure. In the view of the Committee, the conditions in the law do not provide sufficient justification for pre-trial detention in the absence of a reasonable possibility of escape from justice or danger to the community.

211.The Committee expresses concern about the lack of information regarding the independence of the judiciary, principally as to the security of tenure.

212.The Committee is concerned that the predominant role of the Catholic Church in Paraguay appears to lead to certain de facto discrimination against other religions.

213.The Committee is concerned that poverty and lack of education, particularly among indigenous people, adversely affect many people in their ability to enjoy civil and political rights.

214.The Committee notes that the restriction on voting for students of military schools seems to be an unreasonable restriction on article 25 of the Covenant on the right to participate in public life.

215.Regarding the application of the Covenant, the Committee requests that it be informed in future periodic reports of the State party of any instances that may arise where the Covenant was directly invoked in the courts, as well as the results of any such proceedings.

216.The Committee commends the State party, in accordance with article 2, paragraph 2, of the Covenant, for its efforts to bring to justice perpetrators of past human rights abuses. It urges the State party to continue to investigate allegations of human rights violations, past and present, for which purpose all archives of the past regime should be carefully explored. It further urges the State party to act on the findings of its investigations, to bring to justice the perpetrators and to provide proper compensation to the victims, particularly with respect to continuing occurrences of torture and ill-treatment by the police and security forces. The Committee recommends that an independent and credible mechanism be instituted for dealing with complaints of police violence and that the existence of this mechanism be publicized.

217.The Committee urges the State party to comply with article 10, paragraph 2 (a), of the Covenant by separating in prison accused persons from convicted prisoners. The Committee further recommends that the State party review its laws and practices concerning pre-trial detention to ensure that such detention is not regarded as the general rule and that, where it is imposed, its period is subject to strict limits, in conformity with article 4 of the Covenant.

218.The Committee recommends that all national legislation on women be reviewed with a view to modernizing the outdated legal standards currently in force to bring them into line with the relevant provisions of the Covenant. The Committee recommends in particular that the State party review its laws on criminal offences committed against women and all labour laws that discriminate against women and take the measures necessary to overcome traditional attitudes concerning the role of women in society. It further recommends that the State party encourage the political participation of women in public, particularly in political life, which remains low despite the legal advances that have reduced restrictions in this area.

219.The Committee requests the State party to provide information in its next report about the incidence of illegal abortion, the relationship between illegal abortions and the high incidence of maternal mortality, and its implementation of article 61 of the Constitution.

220.The Committee recommends that the State party undertake a thorough review of its national legislation to ensure conformity with the standards set by both the Constitution and the Covenant. It recommends in this connection that the Covenant and the specific recommendations made in the present comments be taken into account in the revision of the Penal Code currently under way.

221.The Committee recommends that the State party include in its next report comprehensive information on the issues raised during the consideration of the report, particularly on the effectiveness of the laws under review or in existence, the evolving roles of the institutions established for the protection of human rights, and the system of coordination of the various institutions.

222.The Committee recommends that the State party include information in its next report on the procedures established to ensure compliance with the views and recommendations adopted by the Committee under the First Optional Protocol, also bearing in mind its obligations under article 2 of the Covenant.

223.The Committee recommends that the Covenant, the Optional Protocols and the Committee's comments be widely disseminated among the Paraguayan public and that the scope of human rights education be extended to members of the police and security forces, the legal profession and other persons involved in the administration of justice, with a view to making it a part of their regular training.

224.In the light of past and continuing events in Haiti affecting the human rights guaranteed by the International Covenant on Civil and Political Rights, and in accordance with article 40, paragraph 1 (b), of the Covenant, the Committee requested the Government of Haiti, on 27 October 1994, to submit a special report, not later than 31 January 1995 and if necessary in summary form, describing, in particular, the implementation of articles 6, 7, 9, 10 and 14 of the Covenant during the current period, for consideration by the Committee at its fifty-third session. In response to that request, the Government of Haiti submitted a report on 27 February 1995 (CCPR/C/105), which was considered by the Committee at its 1397th and 1398th meetings, on 27 March 1995. The Committee adopted¹³ the following comments:

225.The Committee welcomes the willingness of the Government of the State party to cooperate and to enter into a constructive dialogue with the Committee on the application of the Covenant in Haiti, as evidenced by the submission of the special report and the sending of a high-level delegation to present the report. The Committee notes that, while providing some information about constitutional and legal measures giving effect to articles 6, 7, 9, 10 and 14, the report lacked information on the practice concerning human rights and on the difficulties affecting the application of the Covenant in the country. The Committee, mindful of the difficulties facing all branches of government in Haiti since the restoration of the legitimate Government, thanks the delegation for endeavouring to reply to the questions raised in the course of the dialogue and thus, to a certain extent, make up for the report's shortcomings.

226.The Committee notes that Haiti is only now emerging from a long and devastating military dictatorial past during which grave human rights violations occurred, including summary executions, torture and other inhuman or degrading treatment and arbitrary arrests and detentions. The country has only recently initiated a process of recovery and has just embarked on a course of transition to democracy. The Committee also notes that, despite efforts undertaken by the Government, political and social attitudes still prevalent in the country are not conducive to the promotion and protection of human rights. Violence and disorder continue to disrupt society and many weapons remain in the hands of members of former paramilitary groups and the public in general. The lack of a functioning judicial system, and deeply rooted social and economic problems, affect the application of the Covenant.

227.The Committee welcomes the restoration of the legitimate Government of Haiti and the considerable efforts made by the present Government to ensure respect for human rights. In this connection the establishment by presidential decree of a National Commission on Truth and Justice with the task of carrying out investigations into human rights violations and ensuring justice for the victims of such violations is particularly appreciated. The Committee also notes the creation of a civilian police force separated from the armed forces as an important step. The Committee appreciates the fact that programmes for the training of judges and police officers are being initiated.

228.The Committee notes with satisfaction the adoption of a number of laws directly affecting the establishment and development of institutions and policies for the protection of human rights, such as the recent Act declaring all paramilitary groups illegal, the Territorial Communities Act, which eliminates the former autocratic system of section chiefs and provides for local authorities elected by the people, and the Electoral Act. The Committee also welcomes the beginning of the process which will lead to the holding of parliamentary elections in June 1995 and presidential elections in December 1995.

229.Given the general conditions prevailing at the present time in Haiti, the Committee has not detailed all its concerns relating to inconsistencies between provisions of Haitian legislation, including the Constitution and the Covenant.

230.The Committee expresses its concern about the effects of the Amnesty Act, agreed upon during the process which led to the return of the elected Government of Haiti. It is concerned that, despite the limitation of its scope to political crimes committed in connection with the coup d'état or during the past regime, the Amnesty Act might impede investigations into allegations of human rights violations, such as summary and extrajudicial executions, disappearances, torture and arbitrary arrests, rape and sexual assault, committed by the armed forces and agents of national security services. In this connection, the Committee wishes to point out that an amnesty in wide terms may promote an atmosphere of impunity for perpetrators of human rights violations and undermine efforts to re-establish respect for human rights in Haiti and to prevent a recurrence of the massive human rights violations experienced in the past.

231.The Committee emphasizes the importance of investigation of human rights violations, determination of individual responsibility and fair compensation for the victims, and regrets that the Commission on Truth and Justice has not yet initiated its work.

232.The Committee is concerned that failure to screen and exclude human rights violators from service in the military, the police force and the judiciary will seriously weaken the transition to security and democracy. The Committee is also concerned that human rights violations by members of the armed forces, agents of security services, and members of former paramilitary groups still occur. The Committee notes with particular concern the lack of full and effective control by civilian authorities over the military. The Committee is concerned that the composition, command and number of the armed forces is not clearly defined.

233.The Committee expresses its concern at the numerous problems affecting the proper functioning of the justice system, including long periods of pre-trial detention and overcrowding of prisons. It wishes to point out in this regard that, unless a serious effort is undertaken to reform the judiciary and re-establish a proper functioning of the judicial system, efforts to strengthen the rule of law and to promote respect for human rights will be seriously undermined.

234.The Committee is concerned about allegations of forced labour of minors in violation of article 8 of the Covenant.

235.In view of the fact that the Amnesty Act was adopted before the reinstallation of the legitimate Government, the Committee urges the State party to apply that Act in conformity with the Covenant and to exclude from its scope the perpetrators of past human rights violations.

236.The Committee emphasizes the obligation of the State party under article 2, paragraph 3, of the Covenant to ensure that victims of past human rights violations have an effective remedy. It strongly recommends that the Commission on Truth and Justice initiate its work as soon as possible and that other mechanisms be set up to investigate human rights violations by members of the police, the armed forces and other security services and the judiciary to ensure that persons closely associated with human rights abuses do not serve in those offices.

237.In order to guarantee the safety of the population, the Committee recommends that a clear policy be implemented to disarm members of former paramilitary groups and that effective measures be taken to reduce the number of weapons in the community.

238.The Committee recommends that a major reform of the judiciary be undertaken with a view to establishing an independent and impartial judicial system which will safeguard human rights and enforce the rule of law.

239.The Committee strongly recommends that the State party confirm the ratification of the Optional Protocols to the Covenant by depositing the necessary instruments of ratification or accession with the Secretary-General of the United Nations. Acceptance of the First Optional Protocol would affirm the commitment of the Government with respect to inquiries into allegations of human rights abuses and help to protect the human rights of individuals in the difficult period the country is facing.

240.The Committee urges that respect for human rights be recognized as an essential element of the process of national reconciliation and reconstruction. To that end, the Committee recommends that all provisions of the Covenant be fully incorporated into the national legal system; that the administration and Parliament, as a confidence-building measure, set up special institutions, open to individuals, to assist in the daily implementation of human rights; that comprehensive human rights training be provided to judges, the police and the military; and that human rights education be provided in schools at all levels.

241.The Committee urges the State party to submit information on measures taken to implement these suggestions and recommendations together with the submission of the initial report, which was due on 6 July 1992, and for whose submission the Committee sets the date of 1 April 1996.

242.The Committee considered the second periodic report of Yemen (CCPR/C/82/Add.1) at its 1372nd and 1373rd meetings, on 26 October 1994, and at its 1403rd and 1404th meetings, on 30 March 1995, and subsequently adopted¹⁴ the following comments:

243.The Committee welcomes the second periodic report submitted by the State party and welcomes the delegation's willingness to resume its dialogue with the Committee. The Committee regrets, however, that although the report provides information on general legislative norms in Yemen, it fails to deal with the actual state of implementation of the Covenant in practice and the difficulties encountered in the course of implementation. The Committee appreciated the presence of a competent delegation which provided helpful information to the Committee in addressing some of its questions. Nevertheless, the Committee has obtained only a partial picture of the human rights situation in the country.

244.The Committee welcomes in this connection the intention expressed by the delegation to send additional information as requested by the Committee, particularly information on the difficulties encountered in the implementation of the Covenant, statistics relating to specific articles and the texts of the Civil Code, Code of Criminal Procedure, the amendments to the Constitution and other relevant laws and regulations.

245.The Committee notes that the civil war has left much of the infrastructure destroyed and created severe economic difficulties, which have served to restrict the resources allocated to the protection of human rights. The Committee also notes that national reconstruction and reconciliation remains handicapped by internal disorder.

246.The Committee notes the existence in the State party of customs and traditions, particularly in the area of equality between men and women, which may tend to impede the proper observance of international standards of human rights.

247.The Committee welcomes the succession of Yemen to the Covenant, which was previously acceded to by the Democratic Republic of Yemen in 1986.

248.The Committee welcomes the Government's efforts to raise awareness of human rights issues by disseminating the texts of human rights treaties, including the Covenant, and by holding seminars in this field. It further welcomes the Government's assertion that newspapers are free to publish the reports submitted by the Government and other information released by human rights groups and international organizations.

249.The Committee welcomes the delegation's indication of the Government's willingness to investigate specific cases of human rights violations brought to its attention. In this regard, the Committee notes the assurances of the delegation that the courts are receiving cases of human rights violations which took place during the civil war.

250.The Committee is concerned that some aspects of the legal provisions in the State party do not conform entirely with the Covenant.

251.The Committee calls attention to the contradictions between the Covenant and the Constitution, which affords a lower level of human rights protection than does the Covenant. The Committee expresses concern that victims of human rights violations, despite the direct applicability of the Covenant, may be denied effective remedy if the courts adhere to the standards set forth in the Constitution.

252.The Committee notes with concern the general amnesty granted to civilian and military personnel for human rights violations they may have committed against civilians during the civil war. The Committee notes in this regard that some amnesty laws may prevent appropriate investigation and punishment of perpetrators of past human rights violations, undermine efforts to establish respect of human rights, contribute to an atmosphere of impunity among perpetrators of human rights violations and constitute impediments to efforts undertaken to consolidate democracy and promote respect for human rights.

253.The Committee notes with concern that the role and the competences of the political security forces have not been clarified.

254.The Committee expresses its deep concern at allegations of arbitrary deprivation of life, acts of torture or other cruel, inhuman or degrading treatment, arbitrary arrest and detention, abusive treatment of persons deprived of their liberty and violations of the rights to a fair trial. It is deeply concerned that those violations were not followed by inquiries or investigations, that the perpetrators of such acts were not punished and that the victims were not compensated. Ill-treatment of prisoners and overcrowding of prisons continue to be of concern.

255.The Committee notes with concern reports of female genital mutilation, which appears to be a common practice in some parts of the country. It also notes with concern that the provisions of the Personal Status Act No. 20 of 1992, particularly articles 40 and 41, establish unequal obligations of wives and husbands where wives are relegated to an inferior position. The Committee is concerned that the requirements of this Act, particularly that wives must obey their husbands' orders and may not leave their homes except in limited situations, contradict articles 3 and 23 of the Covenant. The Committee further regrets that the laws of Yemen contain no specific provisions for dealing with domestic violence.

256.The Committee is concerned about the lack of information concerning the death penalty in Yemen and, bearing in mind that article 6 of the Covenant limits the circumstances under which the death penalty may be imposed, regrets that it is unable to assess whether the State party is in conformity with article 6 owing to the lack of information on the specific crimes that may result in the imposition of the death penalty and on the number of cases in which it was imposed. The Committee deplores that, according to information before it, executions of persons below the age of 18 have taken place that would be a clear violation of article 6, paragraph 5, of the Covenant. The Committee requests that the State party provide information on the cases mentioned during the dialogue. In this regard, the Committee regrets that the right to life has not been incorporated in the new Constitution. The Committee is also deeply concerned about the maintenance of corporal punishments like amputation of limbs and whipping, which is in violation of article 7 of the Covenant.

257.The Committee notes with deep concern the widespread employment of minors, especially in rural areas.

258.The Committee recommends that a thorough review be undertaken of the legal framework for the protection of human rights in the State party to ensure full conformity with the Covenant. The Committee takes note of the indication by the delegation of the lack of technical expertise in the legal field in the State party and its appeal for assistance in this area. Accordingly, the Committee recommends that the State party avail itself of the technical cooperation services of the Centre for Human Rights and address through the Centre's programmes the question of the status of the Covenant in relation to the Constitution.

259.Regarding the application of the Covenant, the Committee requests that it be informed in future periodic reports of the State party of any instances that may arise where the Covenant was directly invoked in the courts, as well as the results of any such proceedings.

260.The Committee recommends that the State party endeavour to bring to justice perpetrators of human rights abuses, in accordance with article 2 (2) of the Covenant. It urges the State party to continue to investigate allegations of human rights violations, past and present, to act on the findings of its investigations, to bring to justice the perpetrators and to compensate the victims of such acts. To this end, the Committee recommends that an independent mechanism be instituted for receiving complaints of human rights violations and that this mechanism be given investigative authority to pursue such complaints. The Committee suggests that the Government pursue in this manner not only individual complaints but also violations reported by national and international non-governmental organizations.

261.The Committee recommends that the State party review its laws and make appropriate amendments to ensure full legal and de facto equality for women in all aspects of society, particularly in the laws governing the status of women, women's rights and obligations in marriage. The Committee further recommends that the Government conduct a study on the practice of female genital mutilation within its territory and formulate specific plans to eradicate this practice.

262.The Committee recommends that the Government review its policy on the death penalty with a view to its eventual abolishment. Recalling that article 6 of the Covenant limits the circumstances under which the death penalty may be imposed, it recommends that the Government include in its next report a list of all of the crimes that, when tried, may result in the imposition of the death penalty. If the imposition of the death penalty in respect of some of these crimes is found to be inconsistent with article 6, the Committee recommends that the relevant laws be appropriately amended. The Committee recommends that the Government take the initiative for the total abolishment of corporal punishment.

263.The Committee recommends that the Government conduct a study on the phenomenon of working children, especially children in rural areas, and include its findings in its next periodic report to the Committee.

264.The Committee recommends that more detailed information about specific laws and more concrete and factual information about the enjoyment of rights be provided by Yemen in its next periodic report so as to enable the Committee to clearly understand the progress made in the implementation of the Covenant in the State party.

265.The Committee recommends that appropriate mechanisms be established to revise the relevant legal codes, to provide human rights training for personnel involved in the administration of justice, to draft the State party's reports to various human rights treaty bodies and to collect and analyse data on human rights issues. In this regard, the Committee recommends that the Government draw on the assistance available through the Centre for Human Rights technical cooperation services.

266.The Committee considered the initial report of the United States of America (CCPR/C/81/Add.4 and HRI/CORE/1/Add.49) at its 1401st, 1402nd, 1405th and 1406th meetings, on 29 and 31 March 1995, and adopted¹⁶ the following comments:

267.The Committee expresses its appreciation at the high quality of the report submitted by the State party, which was detailed, informative and drafted in accordance with the guidelines. The Committee regrets, however, that, while containing comprehensive information on the laws and regulations giving effect to the rights provided in the Covenant at the federal level, the report contained few references to the implementation of Covenant rights at the state level.

268.The Committee appreciates the participation of a high-level delegation which included a substantial number of experts in various fields relating to the protection of human rights in the country. The detailed information provided by the delegation in its introduction of the report, as well as the comprehensive and well-structured replies provided to questions raised by members, contributed to making the dialogue extremely constructive and fruitful.

269.The Committee notes with appreciation that the Government gave publicity to its report, thus enabling non-governmental organizations to become aware of its contents and to make known their particular concerns. In addition, a number of representatives of these organizations were present during the Committee's consideration of the report.

270.The Committee notes that, despite the existence of laws outlawing discrimination, there persist within society discriminatory attitudes and prejudices based on race or gender. Furthermore, the effects of past discriminations in society have not yet been fully eradicated. This makes it difficult to ensure the full enjoyment of the rights provided for under the Covenant to everyone within the State party's jurisdiction. The rise in crime and violence also affects the enjoyment of the rights provided for in the Covenant.

271.The Committee also notes that under the federal system prevailing in the United States, the states of the union retain extensive jurisdiction over the application of criminal and family law in particular. This factor, coupled with the absence of formal mechanisms between the federal and state levels to ensure appropriate implementation of the Covenant rights by legislative or other measures, may lead to a somewhat unsatisfactory application of the Covenant throughout the country.

272.The Committee recognizes the existence of effective protection of human rights available to individuals under the Bill of Rights and federal laws. The Committee notes with satisfaction the rich tradition and the constitutional framework for the protection of human rights and freedoms in the United States.

273.The Committee notes with satisfaction that the United States has recently ratified or acceded to some international human rights instruments, including the Covenant, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Elimination of All Forms of Racial Discrimination. These ratifications reflect a welcome trend towards acceptance of international scrutiny, supervision and control of the application of universal human rights norms at the domestic level.

274.The Committee welcomes the efforts of the Federal Government to take measures at the legislative, judicial and administrative levels to ensure that the states of the union provide human rights and fundamental freedoms. It further appreciates the expression of readiness by the Government to take such necessary further measures to ensure that the states of the union implement the rights guaranteed by the Covenant.

275.The Committee notes with satisfaction that in the first statement of understanding made at the time of ratification the principle of non-discrimination is construed by the Government as not permitting distinctions that would not be legitimate under the Covenant.

276.The Committee takes note of the position expressed by the delegation that, notwithstanding the non-self-executing declaration of the United States, American courts are not prevented from seeking guidance from the Covenant in interpreting American law.

277.The Committee further notes with satisfaction the assurances of the Government that its declaration regarding the federal system is not a reservation and is not intended to affect the international obligations of the United States.

278.The Committee has taken note of the concerns addressed by the delegation in writing to its Chairman about the Committee's general comment No. 24 (52) on issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto (CCPR/C/21/Rev.1/Add.6). Attention is drawn to the observations made by the Chairman of the Committee at the 1406th meeting, on 31 March 1995 (CCPR/C/SR.1406).

279.The Committee regrets the extent of the State party's reservations, declarations and understandings to the Covenant. It believes that, taken together, they intended to ensure that the United States has accepted only what is already the law of the United States. The Committee is also particularly concerned at reservations to article 6, paragraph 5, and article 7 of the Covenant, which it believes to be incompatible with the object and purpose of the Covenant.

280.The Committee regrets that members of the judiciary at the federal, state and local levels have not been made fully aware of the obligations undertaken by the State party under the Covenant, and that judicial continuing education programmes do not include knowledge of the Covenant and discussion on its implementation. Whether or not courts of the United States eventually declare the Covenant to be non-self-executing, information about its provisions should be provided to the judiciary.

281.The Committee is concerned about the excessive number of offences punishable by the death penalty in a number of states, the number of death sentences handed down by courts and the long stay on death row, which, in specific instances, may amount to a breach of article 7 of the Covenant. It deplores the recent expansion of the death penalty under federal law and the re-establishment of the death penalty in certain states. It also deplores provisions in the legislation of a number of states that allow the death penalty to be pronounced for crimes committed by persons under 18 and the actual instances where such sentences have been pronounced and executed. It also regrets that, in some cases, there appears to have been lack of protection from the death penalty of those mentally retarded.

282.The Committee is concerned at the reportedly large number of persons killed, wounded or subjected to ill-treatment by members of the police force in the purported discharge of their duties. It also regrets the easy availability of firearms to the public and the fact that federal and state legislation is not stringent enough in that connection to secure the protection and enjoyment of the right to life and security of the individual guaranteed under the Covenant.

283.The Committee is concerned that excludable aliens are dealt with by lower standards of due process than other aliens and, in particular, that those who cannot be deported or extradited may be held in detention indefinitely. The situation of a number of asylum-seekers and refugees is also a matter of concern to the Committee.

284.The Committee does not share the view expressed by the Government that the Covenant lacks extraterritorial reach under all circumstances. Such a view is contrary to the consistent interpretation of the Committee on this subject, that, in special circumstances, persons may fall under the subject-matter jurisdiction of a State party even when outside that State's territory.

285.The Committee is concerned about conditions of detention of persons deprived of liberty in federal or state prisons, particularly with regard to planned measures that would lead to further overcrowding of detention centres. The Committee is also concerned at the practice that allows male prison officers access in women's detention centres and has led to serious allegations of sexual abuse of women and the invasion of their privacy. The Committee is particularly concerned at the conditions of detention in certain maximum security prisons, which are incompatible with article 10 of the Covenant and run counter to the United Nations Standard Minimum Rules for the Treatment of Prisoners and the Code of Conduct for Law Enforcement Officials.

286.The Committee is concerned that, in some states, non-therapeutic research may be conducted on minors or mentally-ill patients on the basis of surrogate consent in violation of the provisions in article 7 of the Covenant.

287.The Committee is concerned at the serious infringement of private life in some states that classify as a criminal offence sexual relations between adult consenting partners of the same sex carried out in private, and the consequences thereof for their enjoyment of other human rights without discrimination.

288.The Committee is concerned about the impact that the current system of election of judges may, in a few states, have on the implementation of the rights provided under article 14 of the Covenant and welcomes the efforts of a number of states in the adoption of a merit-selection system. It is also concerned about the fact that in many rural areas justice is administered by unqualified and untrained persons. The Committee also notes the lack of effective measures to ensure that indigent defendants in serious criminal proceedings, particularly in state courts, are represented by competent counsel.

289.The Committee welcomes the significant efforts made in ensuring to everyone the right to vote but is concerned at the considerable financial costs that adversely affect the right of persons to be candidates at elections.

290.The Committee is concerned that aboriginal rights of Native Americans may, in law, be extinguished by Congress. It is also concerned by the high incidence of poverty, sickness and alcoholism among Native Americans, notwithstanding some improvements achieved with the Self-Governance Demonstration Project.

291.The Committee notes with concern that information provided in the core document reveals that disproportionate numbers of Native Americans, African Americans, Hispanics and single parent families headed by women live below the poverty line and that one in four children under six live in poverty. It is concerned that poverty and lack of access to education adversely affect persons belonging to these groups in their ability to enjoy rights under the Covenant on the basis of equality.

292.The Committee recommends that the State party review its reservations, declarations and understandings with a view to withdrawing them, in particular reservations to article 6, paragraph 5, and article 7 of the Covenant.

293.The Committee hopes that the Government of the United States will consider becoming a party to the First Optional Protocol to the Covenant.

294.The Committee recommends that appropriate inter-federal and state institutional mechanisms be established for the review of existing as well as proposed legislation and other measures with a view to achieving full implementation of the Covenant, including its reporting obligations.

295.The Committee emphasizes the need for the Government to increase its efforts to prevent and eliminate persisting discriminatory attitudes and prejudices against persons belonging to minority groups and women including, where appropriate, through the adoption of affirmative action. State legislation which is not yet in full compliance with the non-discrimination articles of the Covenant should be brought systematically into line with them as soon as possible.

296.The Committee urges the State party to revise federal and state legislation with a view to restricting the number of offences carrying the death penalty strictly to the most serious crimes, in conformity with article 6 of the Covenant and with a view eventually to abolishing it. It exhorts the authorities to take appropriate steps to ensure that persons are not sentenced to death for crimes committed before they were 18. The Committee considers that the determination of methods of execution must take into account the prohibition against causing avoidable pain and recommends the State party to take all necessary steps to ensure respect of article 7 of the Covenant.

297.The Committee urges the State party to take all necessary measures to prevent any excessive use of force by the police; that rules and regulations governing the use of weapons by the police and security forces be in full conformity with the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials; that any violations of these rules be systematically investigated in order to bring those found to have committed such acts before the courts; and that those found guilty be punished and the victims be compensated. Regulations limiting the sale of firearms to the public should be extended and strengthened.

298.The Committee recommends that appropriate measures be adopted as soon as possible to ensure to excludable aliens the same guarantees of due process as are available to other aliens and that guidelines be established that would place limits on the length of detention of persons who cannot be deported.

299.The Committee expresses the hope that measures will be adopted to bring conditions of detention of persons deprived of liberty in federal or state prisons in full conformity with article 10 of the Covenant. Legislative, prosecutorial and judicial policy in sentencing must take into account that overcrowding in prisons causes violation of article 10 of the Covenant. Existing legislation that allows male officers access to women's quarters should be amended so as to provide at least that they will always be accompanied by women officers. Conditions of detention in prisons, in particular in maximum security prisons, should be scrutinized with a view to guaranteeing that persons deprived of their liberty be treated with humanity and with respect for the inherent dignity of the human person, and implementing the United Nations Standard Minimum Rules for the Treatment of Prisoners and the Code of Conduct for Law Enforcement Officials therein. Appropriate measures should be adopted to provide speedy and effective remedies to compensate persons who have been subjected to unlawful or arbitrary arrests as provided in article 9, paragraph 5, of the Covenant.

300.The Committee recommends that further measures be taken to amend any federal or state regulation which allow, in some states, non-therapeutic research to be conducted on minors or mentally-ill patients on the basis of surrogate consent.

301.The Committee recommends that the current system in a few states in the appointment of judges through elections be reconsidered with a view to its replacement by a system of appointment on merit by an independent body.

302.The Committee recommends that steps be taken to ensure that previously recognized aboriginal Native American rights cannot be extinguished. The Committee urges the Government to ensure that there is a full judicial review in respect of determinations of federal recognition of tribes. The Self-Governance Demonstration Project and similar programmes should be strengthened to continue to fight the high incidence of poverty, sickness and alcoholism among Native Americans.

303.The Committee expresses the hope that, when determining whether currently permitted affirmative action programmes for minorities and women should be withdrawn, the obligation to provide Covenant's rights in fact as well as in law will be borne in mind.

304.The Committee recommends that measures be taken to ensure greater public awareness of the provisions of the Covenant and that the legal profession as well as judicial and administrative authorities at federal and state levels be made familiar with these provisions in order to ensure their effective application.

305.The Committee considered the fourth periodic report of Ukraine (CCPR/C/95/Add.2) at its 1418th to 1420th meetings, on 11 and 12 July 1995, and adopted¹⁷ the following final comments:

306.The Committee welcomes the fourth periodic report of Ukraine and views with satisfaction the cooperative attitude of the delegation in engaging in a frank and constructive dialogue with the Committee. The Committee appreciates the fact that the report did not conceal difficulties encountered by the State party in implementing the Covenant. However, those difficulties were described in very broad terms and without describing the steps envisaged by the State party to overcome them. Furthermore, the report did not provide sufficient information on the implementation of the Covenant in practice. The additional information provided in the oral replies given by the delegation to the questions posed and comments raised by the Committee members have enabled the Committee to gain a clearer picture of the overall situation in the country, especially with regard to Ukraine's approach to compliance with the obligations undertaken under the Covenant.

307.The Committee notes that it is necessary to overcome vestiges of the totalitarian past and that much remains to be done to strengthen democratic institutions and respect for the rule of law. In this connection, the Committee notes that the Government's efforts in restructuring the legal system and endeavours to implement better the Covenant have been hampered by lacunae in the national legislation as well as by a continuing resort to a large number of outdated - albeit still in force - laws of the former regime, many of them incompatible with corresponding provisions of the Covenant. The Committee also notes that extremist and discriminatory attitudes are emerging in the country that are not conducive to the full promotion and protection of human rights. In addition, this period of transition to a market-oriented economy has been marked by severe economic and social difficulties.

308.The Committee expresses its satisfaction as to the fundamental and positive changes that have recently taken place in Ukraine. These changes will create a better political, constitutional and legal framework for the full implementation of the rights enshrined in the Covenant.

309.The Committee welcomes the fact that, through the adoption of the Act on the Effect of International Agreements on Ukrainian Territory in December 1991 and of the Act on Ukraine's International Treaties in December 1993, international treaties ratified by Ukraine are now automatically part of the domestic legal order. The recognition by Ukraine of the competence of the Committee to receive and consider communications from individuals under the Optional Protocol to the Covenant and its willingness to adopt appropriate procedures to implement the Committee's views without delay is of particular importance for the effective implementation of the Covenant.

310.The Committee welcomes the many other recent legal developments in Ukraine and the present progress in the transition towards democracy and pluralism. In general, the Committee is encouraged by the adoption of the Act on Provisional Detention in June 1993 and of the Decree of the Ukrainian Cabinet on Programmes for Bringing up to World Standards the Conditions of Detention in January 1994, which take into account the United Nations Standard Minimum Rules for the Treatment of Prisoners. The Committee also welcomes the adoption of the Acts on the Ukrainian Public Prosecutor's Office in November 1991, the Legal Profession in December 1992, the Status of Judges in December 1992 and the Self-Governance of the Judiciary in February 1994, aimed at strengthening the independent status of the judicial system and improving judicial guarantees for individuals.

311.The Committee also notes the adoption by the Government of Ukraine of the 1991 Act on Freedom of Conscience and Religious Organizations, of the 1993 Acts on Information and on Printed Media, of the 1993 Act on Television and Radio Broadcasting and of the Act on Public Association of Citizens. The adoption by Ukraine of the Act on Environmental Protection in 1991, along with special provisions in the Penal Code establishing liability for the preparation, processing or selling of radiation-contaminated foodstuffs or other products and their accession to the nuclear non-proliferation treaties are also a welcome development.

312.The Committee further notes the adoption by the Supreme Council of Ukraine of the 1991 Declaration of Rights of the Nationalities of Ukraine, which was given legal force through the Act on National Minorities in 1992.

313.The Committee takes note with appreciation of the confirmation by the delegation that victims of past human rights violations are entitled to compensation. It further welcomes the efforts initiated by the Government of Ukraine to encourage and facilitate the return of minorities displaced by the Soviet regime and especially the resettlement in Crimea of the Crimean Tartars.

314.The Committee is concerned by the continuing applicability in Ukraine of a Constitution which does not provide guarantees and recourse procedures in full conformity with the Covenant. Furthermore, it has not been made sufficiently clear during the consideration of the report whether, under the law and in the practice of the courts and administrative authorities, provisions of the Covenant are systematically applied in precedence to a conflicting provision to domestic law.

315.The Committee expresses its concern about actual cases of discrimination against women and, in general, the persistence - in a climate of economic and social difficulties - of gender disparities in practice with regard to such issues as equal pay, the equitable participation of women in the conduct of public affairs and in the economic, social and cultural life of the country. The State party has not yet adopted effective measures to overcome attitudes based on traditional roles which hinder equality between men and women. Additionally, the Committee regrets the high level of family violence within the country and recalls that the Covenant requires States parties to implement measures of protection.

316.The Committee expresses its deep concern about the current trend in Ukraine to impose and carry out an increasing number of death sentences, and about the inhumane circumstances in which those sentences are carried out. It recalls that under article 6 of the Covenant a sentence of death may be imposed only for the most serious crimes.

317.The Committee is concerned that the guarantees contained in articles 7, 9, 10 and 14 of the Covenant are not fully complied with. In particular, it is concerned that torture and ill-treatment of persons committed by members of the police and other security forces continue to be reported, particularly to the Public Prosecutor's Office. In this regard, it is concerned that the right to personal security may be restricted without any involvement of a judicial body. The Procurator's functions during the investigation process as well as throughout the trial do not ensure the minimum requirements contained in articles 9 and 14 of the Covenant. Furthermore, cases of administrative detention, in particular of vagrants, denial of access of detainees to legal counsel and long periods of pre-trial detention are matters of great concern.

318.The Committee is also concerned at the conditions in places of detention, whether in prisons or curative labour establishments, which do not comply with article 10 of the Covenant or other international standards. Prison overcrowding is a further matter of concern to the Committee.

319.The Committee expresses concern that the independence of the judiciary has not yet been ensured. In this connection, it regrets that the Constitutional Court, which is to be established under the Act on the Constitutional Court of June 1992, has not yet been set up. The Committee is further concerned by the very long delays in the administration of justice, which are not in conformity with the requirements of both articles 9 and 14 of the Covenant, and notes in that regard that the judicial system in Ukraine cannot be efficient until there is a sufficient number of well-trained and qualified judges and lawyers. The absence of special provisions for juvenile offenders is also a matter of concern.

320.The Committee is further disturbed by continuing obstacles to freedom of movement in Ukraine and in particular by the legal provisions that allow for the rejection of passport applications from holders of State secrets. The requirement of exit visas and the persistence of the internal passport are unacceptable and incompatible with article 12 of the Covenant.

321.The Committee expresses its concern that, although Ukraine adopted a domestic refugee law in December 1993, currently no concrete measures have been taken to implement this law, or to establish a refugee determination procedure for asylum-seekers in Ukraine.

322.The Committee expresses concern arising from the information in the report, corroborated by cases brought to its attention, that there are incidents and situations that may be conducive to acts of discrimination on ethnic, gender, religious, linguistic or property grounds. The Committee regrets that appropriate steps have not yet been taken by the authorities to resolve those difficulties and, in particular, to prevent and suppress the advocacy of national, racial or religious hatred in conformity with the requirements of article 20 of the Covenant. This situation is particularly alarming in that it may undermine harmonious relations with minorities. In that regard, the Committee regrets that the definition of minorities under the Declaration of the Rights of the Nationalities of Ukraine does not conform fully with article 27 of the Covenant, which grants protection to persons belonging to all ethnic, religious or linguistic minorities, and not only to those belonging to "national" minorities. Lastly, the Committee notes with regret that measures have not yet been taken to grant automatically Ukrainian citizenship to Crimean Tartars who have returned to Crimea.

323.The Committee recommends that the constitutional reform presently under way be accelerated in order to ensure the adoption and implementation of the new Constitution and that the text of the Covenant be taken into account in that regard. In drafting new legislation affecting human rights, attention should systematically be paid to the establishment of effective guarantees for the safeguard of civil and political rights. In that regard, the authorities may avail themselves of the advisory services and technical cooperation programmes developed by the Centre for Human Rights.

324.The Committee urges the Government to set up an independent body, such as a human rights ombudsman, to monitor the implementation of the law in conformity with the obligations under the various human rights instruments to which Ukraine is a party, and to receive complaints by individuals.

325.The Committee recommends that the State party review and include information in its next periodic report on the procedures established to ensure compliance with the views and recommendations adopted by the Committee under the first Optional Protocol to the Covenant, also bearing in mind the obligations under article 2 of the Covenant.

326.With respect to the rights of women, the Committee believes that affirmative measures should be taken to strengthen their participation in the political, economic, and social life of the country, as well as positive measures to ensure effective protection against domestic violence.

327.The Committee recommends that Ukraine study measures to limit the categories of crimes punishable by death to the most serious offences, in conformity with article 6 of the Covenant, with a view to its prospective abolition, and to make when appropriate more extensive use of the rights of commutation or pardon.

328.The Committee emphasizes the need for greater control over the police. There should be intensive training and educational programmes in the field of human rights aimed at law-enforcement officials. Steps should be taken to strengthen recourse procedures for victims of police abuse and detained persons. Adequate follow-up to reports of such abuse should be ensured by thorough investigations and appropriate penal and administrative sanctions. Prison conditions should be brought into compliance with article 10 of the Covenant and with the United Nations Standard Minimum Rules for the Treatment of Prisoners.

329.The Committee recommends that, in order to ensure the independence and impartiality of the judiciary, as well as the confidence of the individuals in the proper administration of justice, further steps be taken to speed up and complete the reform process. Measures for juveniles should be appropriate to their needs and status. Furthermore, vigorous efforts should also be made to encourage a culture of independence among the judiciary itself and to establish a well-trained and independent legal profession. A first priority should, for instance, be to adopt a law containing all the safeguards set forth in the Covenant.

330.Existing provisions limiting or restricting the exercise of the right to freedom of movement, including the internal passport requirements, as well as the legal provisions relating to holders of State secrets, should be reviewed to bring the legislation fully in conformity with article 12 of the Covenant.

331.The Committee recommends that Ukraine undertake to implement its domestic refugee law of December 1993 and, in this connection, that it seek assistance and advice from relevant international organizations, including UNHCR.

332.The Committee expresses the wish that vigorous measures will be taken to give full implementation to article 20 of the Covenant.

333.The Committee welcomes the publication of the report in Ukraine and the Government's intention to disseminate the record of the dialogue. It emphasizes that the text of the Covenant and the Optional Protocol should be widely publicized in the languages spoken in Ukraine, so that the public can be made fully aware of the rights enshrined in the provisions of these instruments. It also recommends that education in human rights and democracy be included in school and university curricula and that its comments be widely disseminated and incorporated into the curricula of all human rights training programmes organized for law-enforcement officials and administration officers.

334.The Committee considered the initial report of Latvia (CCPR/C/81/Add.1/Rev.1) at its 1421st, 1422nd and 1425th meetings, on 12 to 14 July 1995, and adopted¹⁸ the following final comments:

335.The Committee welcomes the initial report (CCPR/C/81/Add.1/Rev.1) of Latvia and expresses its appreciation to the State party for the open and constructive dialogue with the Committee. However, it notes that, while providing detailed information on prevailing legislation in Latvia, the report does not contain enough information on the way in which the Covenant is implemented in practice. To some extent, the information provided by the delegation and the responses to the questions raised by members of the Committee largely covered these deficiencies and provided the Committee with a better insight into the human rights situation in Latvia.

336.The Committee notes that it is necessary to overcome vestiges of the totalitarian past and that much remains to be done to strengthen democratic institutions and respect for the rule of law. The Government's efforts in restructuring the legal system and endeavouring to implement better the Covenant have been hampered by lacunae in some existing legislation as well as by continuing resort to a number of outdated laws which are incompatible with corresponding provisions of the Covenant.

337.In consequence of large-scale emigration from and immigration to Latvia in the past, there coexisted in the country, at the time of the renewal of independence, a significantly large proportion of persons belonging to various national minorities. The policy of the Government to establish precise criteria with regard to naturalization and citizenship has raised a number of difficulties that are affecting the application of the Covenant.

338.The Committee expresses its satisfaction as to the fundamental and positive changes that have taken place since Latvia re-established itself as a sovereign State in 1990. These changes will create a better political, constitutional and legal framework for the full implementation of the rights enshrined in the Covenant.

339.Latvia's accession, soon after its renewal of independence on 4 May 1990, to various human rights international instruments, such as the Covenant, confirms the genuine commitment of the State party to guarantee the basic human rights of all individuals. The recognition by Latvia of the competence of the Committee to receive and consider communications from individuals under the first Optional Protocol to the Covenant is of particular importance for the effective implementation of the Covenant.

340.The Committee notes with satisfaction that there has been significant progress in securing civil and political rights in Latvia since the proclamation of the renewal of independence. Particular satisfaction is expressed at the adoption in January 1995 of the National Programme for the Protection and Promotion of Human Rights in Latvia and at the establishment of a Human Rights Council in July 1995.

341.The Committee also notes with satisfaction the elimination of capital punishment as a potential penalty for several types of economic crimes as well as the planned revision of the Criminal Code which should lead to the abolition of the death penalty.

342.The Committee regrets that the Covenant has not been given an overriding status in the Latvian legal order and that the Constitutional Law on the Rights and Obligations of a Citizen and a Person of 10 December 1991 has no constitutional status. Furthermore, the Constitution of 15 February 1922, which was restored in 1993, has not yet been fully amended so as to incorporate all the rights enshrined in the various articles of the Covenant. At the same time, the Committee notes with concern the absence of a body, such as a Constitutional Court, charged with determining, inter alia, the conformity of domestic laws with the provisions of the Covenant and other relevant human rights instruments.

343.The Committee also notes that it was not made sufficiently clear, during the consideration of the report, how the human rights of resident non-citizens are guaranteed, in accordance with article 2, paragraph 1, of the Covenant.

344.The Committee notes with concern that the Latvian legal system has not yet provided for effective mechanisms of investigation in respect of violations of human rights, as required under article 2, paragraph 3, of the Covenant. In the view of the Committee, the need to make effective remedies available to any person whose rights are violated is particularly urgent in respect of the obligations embodied in articles 7, 9 and 10 of the Covenant.

345.The Committee further regrets that the respective functions and mandates of the State Minister on Human Rights and of the newly created Human Rights Council were not clearly described during the discussion and believes that there may be certain overlapping in their activities as well as a lack of effective coordination.

346.While expressing satisfaction at the impending changes in the Criminal Code that are expected to abolish the death penalty in due course, the Committee is concerned that the death penalty can be imposed for crimes that cannot be qualified as the most serious crimes under article 6 of the Covenant.

347.The Committee is concerned that the rights contained in articles 7 and 10 of the Covenant are not fully respected. The Committee is, in particular, concerned at allegations of mistreatment of detainees and at the conditions in places of detention, which do not comply with article 10 of the Covenant or other international standards. The apparent non-separation of accused persons from convicted persons and juveniles from adults is a further matter of concern. The Committee is especially concerned that there do not seem to be clear mechanisms for dealing with complaints of violence by law enforcement authorities and of conditions in detention centres and prisons. The Committee also notes that the judicial system in Latvia will not be able to exercise its functions properly until there is a sufficient number of well-trained and qualified judges and lawyers.

348.With regard to articles 9 and 14 of the Covenant, the Committee is particularly concerned that the new Code of Criminal Procedure has not been enacted. The role of the Prosecutor under the Law on Prosecutor's Supervision, enacted on 19 May 1994, runs counter to the principle of equality of arms in criminal trials and does not protect in a proper way the right to personal security.

349.The Committee is concerned that, as a result of the absence of domestic legislation and procedure governing the treatment of asylum-seekers trying to enter or who have entered Latvia, the Government has resorted to an excessive use of detention and removal of asylum-seekers from the country.

350.While welcoming the attempts at bringing the naturalization and citizenship legislation in conformity with regional human rights instruments, the Committee remains concerned that a significant segment of the population will not enjoy Latvian citizenship owing to the stringent criteria established by the law and the policy deliberately chosen to consider each case on an individual basis and pursuant to a timetable calculated to delay the naturalization process for many years. In the view of the Committee, the legislation still contains criteria of exclusion that give room to discrimination under articles 2 and 26 of the Covenant and raise difficulties under articles 13 and 17 of the Covenant.

351. The Committee recommends that a review of the existing legal framework for the protection of human rights in the State party be undertaken in order to clarify the status of international human rights treaties, particularly the Covenant, in the domestic legal hierarchy. In this regard, the Committee emphasizes the importance of giving the Covenant an overriding status in the national legal order. Regarding the actual application of the Covenant, the Committee requests the State party to indicate in its second periodic report any possible instances where the Covenant was directly invoked before the courts, as well as about the results of any such proceedings.

352.The Committee recommends that the State party review and include information in its next periodic report on the procedures established to ensure compliance with the views and recommendations adopted by the Committee under the first Optional Protocol to the Covenant, also bearing in mind the obligations under article 2 of the Covenant.

353.The Committee urges the State party to take appropriate measures to provide effective and efficient remedies for all persons whose rights under the Covenant have been violated. In that regard, the Committee requests the State party to ensure due coordination between existing and planned institutions aiming at protecting human rights. The Committee also recommends that measures be taken to ensure greater public awareness of the remedies available to individuals, including the provisions of the first Optional Protocol.

354.The Committee would welcome information on the situation of women, to be provided in the second periodic report, and recommends that the State party take appropriate steps to educate the population of Latvia on the equality of men and women.

355.While strongly endorsing the steps envisaged towards the abolition of the death penalty in Latvia, the Committee recommends that a firm policy be adopted aiming at commuting, during the interim period, all death sentences to life imprisonment.

356.The Committee recommends that the State party take any necessary measures to ensure that the conditions of detention of persons deprived of their liberty comply fully with article 10 of the Covenant, as well as the United Nations Standard Minimum Rules for the Treatment of Prisoners.

357.The Committee emphasizes the need for greater control over the police, particularly in the context of the recent authoritarian past from which Latvian society is emerging. Intensive training and education programmes in the field of human rights for law enforcement officials as well as officials of the correctional service are recommended. Steps should be taken to institute effective recourse procedures for victims of police abuse and detained persons. Adequate publicity should be given to pronounced administrative and penal sanctions.

358.The Committee recommends that, in order to ensure the independence and impartiality of the judiciary, as well as the confidence of the individuals in the proper administration of justice, further steps be taken to speed up and complete the reform process. Further vigorous efforts should also be made to encourage a culture of independence among the judiciary itself.

359.The Committee recommends that the Government of Latvia take steps to adopt domestic legislation governing the treatment of refugees and asylum-seekers in compliance with the Covenant and international refugee law. In this regard, the Committee further recommends that the Government of Latvia seek assistance from relevant international organizations, including UNHCR. The Committee also recommends that the Latvian Government consider acceding to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol.

360.The Committee recommends that the State party take all necessary measures to guarantee that the citizenship and naturalization legislation facilitate the full integration of all permanent residents of Latvia, with a view to ensuring compliance with the rights guaranteed under the Covenant, in particular with articles 2 and 26.

361.The Committee recommends that the Covenant, the Optional Protocol and the Committee's comments be widely disseminated among the Latvian public. Additionally, the Committee recommends that human rights education be provided in school at all levels and comprehensive human rights training be provided to judges, lawyers, law enforcement officers and other persons involved in the administration of justice. In this regard, the Committee suggests that the State party avail itself of the technical cooperation services of the Centre for Human Rights, and seek the cooperation of the relevant non-governmental organizations.

362.The Committee considered the fourth periodic report of the Russian Federation (CCPR/C/84/Add.2) at its 1426th to 1429th meetings, on 17 and 18 July 1995, and adopted¹⁸ the following comments:

363.The Committee welcomes the fourth periodic report of the Russian Federation and views with satisfaction its dialogue with the delegation, particularly the delegation's willingness to engage in a frank discussion with the Committee and the detail in which its written and additional oral questions were addressed. The Committee regrets that, while the report was mainly drafted on the basis of legal measures enacted or under consideration, insufficient information was provided regarding the actual enjoyment of some of the rights guaranteed in the Covenant. The Committee appreciates that this situation was partly remedied through the oral responses to the Committee's questions, which allowed it to obtain a clearer view of the overall situation in the State party.

364.The Committee notes that it is necessary to overcome vestiges of the totalitarian past and that much remains to be done to strengthen democratic institutions and respect for the rule of law. This has created a legal vacuum in certain areas, in which the principles set forth in the Constitution are not implemented by corresponding laws and regulations. The Committee notes that the enactment of new laws is being undertaken by the Government but their consideration by two Chambers of the Federal Assembly prior to promulgation is generally a slow process.

365.The Committee is aware of economic difficulties facing the State party, which inevitably affect the application of the Covenant.

366.The Committee expresses its satisfaction as to the fundamental and positive changes that have recently taken place in the Russian Federation. These changes will create a better political, constitutional and legal framework for the full implementation of the rights enshrined in the Covenant.

367.The Committee welcomes the new Constitution of 1993, which gives legal recognition to the concept of human rights and freedoms of the individual. The Committee considers that chapter 2 of the Constitution, which enumerates the rights and liberties of the individuals, conforms to many of the basic rights provided under the Covenant.

368.The Committee welcomes the provisions of article 15, paragraph 4, of the Constitution, which, together with the limiting provision of article 125, paragraph 6, establishes that international treaties, including the Covenant, are part of the Russian legal system and superior to domestic law. It further welcomes the inclusion of article 17, paragraph 1, which stipulates that the basic rights and liberties, in conformity with the commonly recognized principles and norms of international law, shall be recognized and guaranteed by the State party under the Constitution, the recognition in the Constitution of the right to apply to international bodies when domestic remedies are exhausted and the written and oral affirmations that the provisions of the Covenant are directly invocable in domestic courts of law.

369.In this context, the Committee also welcomes the fact that the Russian Federation is party to the Optional Protocol to the Covenant.

370.The Committee welcomes the progress made towards democracy since the consideration of the third periodic report. It also welcomes the promulgation of a number of legal instruments aimed at guaranteeing human rights for all persons in the territory of the State party, including the new Civil Code and Criminal Code. It further welcomes the draft law aimed at a comprehensive reform of the judicial process and the Code of Criminal Procedures currently in the drafting stage and notes with appreciation that the right of all persons whose rights are violated to have access to judicial recourse has been legally established.

371.The Committee welcomes the establishment of several bodies charged with the protection of human rights, including the Office of the Human Rights Commissioner under the State Duma and the Presidential Human Rights Commission, as well as the newly established Commission for Human Rights of the Commonwealth of Independent States.

372.The Committee welcomes the Government's assurances that a systematic review of persons placed in psychiatric facilities under previous regimes will be carried out and trusts that all those found to be placed in such facilities without due cause will be released.

373.The Committee welcomes the special legislation enacted to provide compensation to victims of the events of October 1993.

374.The Committee is concerned that the profound legislative changes taking place within the State party have not been matched by the actual protection of human rights at the implementation level. Specifically, it regrets that many of the rights established under the Constitution have not been put into effect through the enactment of implementing laws and regulations and that the relationship of the various bodies entrusted with the protection of human rights has not been clearly defined. In this connection, it regrets that the responsibilities of the Human Rights Commissioner, although understood to be broad in nature and to include the power to investigate complaints of human rights violations, to bring cases to the Constitutional Court whenever Constitutional rights are infringed and to take legislative initiatives, are not specified in the Constitution and have not yet been legally defined in subsequent legislation. In addition, the responsibilities of the Procurator's Office with respect to the protection of human rights would appear to coincide in many respects with those of the Human Rights Commissioner. In relation to these bodies, it is not clear why the Presidential Human Rights Commission operating directly under the President, who is personally responsible as guarantor of human rights under the Constitution, is empowered only with recommendatory functions, or what mechanisms are in place to ensure that presidential decrees conform with the Covenant.

375.The Committee is concerned that, despite guarantees of equality in the Constitution and in labour legislation, the de facto situation of women is one of continuing inequality. The failure to ensure equal remuneration for work of comparable worth and the persistence of attitudes and practices which impose child-rearing and other domestic responsibilities entirely on women contribute to this inequality and to discrimination in the workplace. The Committee is especially alarmed at the extent of rape and domestic violence and the inadequate efforts made by the authorities to deal with this problem. It is also alarmed at the high incidence of unemployment among women.

376.Although the Committee notes that the draft Criminal Code before the Federal Assembly would reduce the number of crimes that may result in the imposition of the death penalty, it is still concerned at the wide range of crimes still punishable by such penalty. Moreover, the Committee notes that while the number of persons actually executed has declined dramatically since 1993, sentencing continues, which has resulted in a large and growing number of persons on death row.

377.The Committee expresses deep concern over the practice of pre-trial detention and over the fact that temporary detention has been extended from 10 to 30 days in certain cases. It is concerned by the extent of the Procurator's competence to decide on matters relating to arrest or detention which cannot be challenged by the person concerned before a court. Under article 9, paragraph 3, of the Covenant, the detention of persons before they are granted a trial should not be the norm and, when it occurs, persons so detained should be granted a trial within a reasonable time or be released. The Committee is concerned that pre-trial detention is practised, not only in cases of serious criminal charges but more so on misdemeanour charges and frequently for unreasonably long periods of time, and that no effective mechanism exists for monitoring such detention.

378.The Committee further expresses grave concern over the lack of a monitoring mechanism for penitentiary facilities to ensure humane treatment of detainees and prisoners. In this regard, it deplores the cruel, inhumane and degrading conditions that persist in many detention centres and penitentiary facilities and condemns the use of food deprivation as punishment.

379.The Committee expresses concern about the lack of independence and efficiency of the judiciary and the long delays in the administration of justice, which do not conform with the requirements of both articles 9 and 14 of the Covenant, and notes in that regard that the judicial system in the Russian Federation cannot be effective to ensure protection of rights until there is a sufficient number of well-trained and qualified judges and lawyers.

380.The Committee is concerned that actions may continue that violate the right to protection from unlawful or arbitrary interference with privacy, family, home or correspondence. It is concerned that the mechanisms to intrude into private telephone communication continue to exist, without a clear legislation setting out the conditions for legitimate interferences with privacy and providing for safeguards against unlawful interferences.

381.Although federal law has provided for the abolition of the propiska (residence permit) system, the Committee is concerned that at regional and local levels, the system is still applied in practice, thus violating not only the Constitution, but also article 12 of the Covenant. It expresses further concern that the most important legal restriction on the right to leave the country is still cast in terms of a State secret. This does not correspond with the requirements of article 12, paragraph 3, of the Covenant and the Committee deplores, in that regard, the resistance to date in bringing the legislation in conformity with the Covenant. The Committee further regrets that all individuals not having yet performed their national service are excluded in principle from enjoying their right to leave the country.

382.The Committee is concerned that conscientious objection to military service, although recognized under article 59 of the Constitution, is not a practical option under Russian law and takes note in this regard of the draft law on alternative service before the Federal Assembly. It expresses its concern at the possibility that such alternative service may be made punitive, either in nature or in length of service. The Committee is also seriously concerned at the allegations of widespread cruelty and ill-treatment of young conscript-soldiers.

383.The Committee is concerned at reports of growing numbers of homeless and abandoned children in need of measures of protection.

384.The Committee expresses its concern that the limited definition of the term "national minorities", which serves as the basis for much of the legislation in the State party concerning the rights of persons belonging to minorities, does not give protection to all persons referred to in article 27 of the Covenant. It is also concerned at reports of harassment shown towards persons belonging to minority groups from the Caucasus region, in the form of searches, beatings, arrests and deportation.

385.The Committee deeply regrets the lack of familiarity of law enforcement and prison officers with the guarantees provided in the new Constitution and with international human rights standards under the Covenant.

386.The Committee expresses concern over the jurisdiction of the military courts in civil cases. Persons detained by members of the armed forces are said to be able to raise complaints before the Military Procurator's Office in charge of the detention centre where they were held. This would appear to create a situation in which the army is entrusted with the judgement and sentencing of the crimes committed by its own members. The Committee is concerned that such a situation may cause miscarriages of justice, particularly in the light of the Government's acknowledgement that the army, even at the highest levels, is not familiar with international human rights law, including the Covenant.

387.The Committee expresses deep concern at the high number of refugees following the events that occurred in North Ossetia in 1992 and at the difficult conditions faced by these displaced persons in the neighbouring Republic of Ingushetia, as well as at the numerous incidents that occurred during their attempts to return to their homeland.

388.With reference to the specific situation in Chechnya, the Committee expresses concern that article 4 of the Covenant, which specifies the provisions that are non-derogable even in times of public emergency, has not been complied with. It maintains that this article is applicable to the situation in Chechnya, where the use of weapons by combatants has led to the loss of life and deprivation of freedom of large numbers of persons, regardless of the fact that a state of emergency has not been formally declared.

389.The Committee deplores the excessive and disproportionate use of force by Russian forces in Chechnya, indicating grave violation of human rights. It further deplores the fact that no one has been made responsible for the inhumane treatment of prisoners and other detained persons, that investigations on charges of human rights violations by Russian forces, including killing of civilians, have so far been inadequate, that civilian installations such as schools and hospitals were destroyed by government forces, and that a large number of civilians have been killed or displaced as a consequence of the destruction of their homes.

390.The Committee expresses deep concern about the large number of reported cases of torture, ill treatment of the person and arbitrary detention in "reception centres" or "filtration camps", which were originally established to determine the identities of captured combatants but are reported to accommodate large numbers of civilians as well. It deplores the maltreatment of detainees in these centres and is concerned that the International Committee of the Red Cross (ICRC) has not been given access to all such camps.

391.The Committee is concerned that, as a result of the violent excesses of recent developments in Chechnya, the level of confidence of the people in the reconstruction efforts by the local authorities and the attempts to bring relief to human rights violations is extremely low.

392.The Committee recommends that the relationship between the various bodies charged with the protection of human rights be clearly defined and coordinated and that the existence and functions of these bodies be widely publicized. The Committee further recommends that a mechanism be clearly established to ensure conformity of all presidential decrees and laws with the provisions of the Covenant and other international human rights instruments to which the State is party.

393.The Committee recommends that the State party review and include information in its next periodic report on the procedures established to ensure compliance with the views and recommendations adopted by the Committee under the first Optional Protocol to the Covenant, also bearing in mind the obligations under article 2 of the Covenant.

394.The Committee recommends that greater efforts be made to collect information on the situation of women and the effects on them of the structural political, economic and social changes taking place. On this basis, the Government should initiate or strengthen programmes aimed at providing assistance to women in difficult circumstances, including unemployed women, victims of domestic violence and victims of rape, with a view to ensuring their equality before the law and the equal protection of the law. In particular, it should consider allocating responsibility for that purpose to an appropriate high-level governmental body.

395.The Committee urges the Government to reduce substantially the number of crimes for which the death penalty may be imposed, in accordance with article 6 of the Covenant, with a view to its eventual elimination.

396.The Committee recommends that the treatment of persons deprived of their liberty, whether in detention centres or in penitentiary facilities, be effectively monitored. In this connection, it strongly recommends the adoption of new rules and regulations that comply fully with articles 7, 9, 10 and 14 of the Covenant and the United Nations Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment and that the texts of all prison rules and orders and international norms on prison administration be made public and accessible. The Committee further recommends that priority be given to the establishment of the Visitors' Committee for the correctional institutions of the Federation and that legislation on the judicial review of arrest and detention be urgently passed in compliance with article 9, paragraph 3, of the Covenant, and article 22, paragraph 2, of the Constitution. It urges that the Government should refrain from placing first-time, non-violent and petty offenders in detention centres, and give consideration to various other practical measures designed to reduce the overcrowding of pre-trial detention centres, particularly the greater use of release pending trial. It also calls for an immediate end to the practice of food deprivation as punishment in prisons and encourages the Government's initiatives to institute alternative forms of punishment.

397.The Committee stresses the need for a prompt enactment of the legislation on the judiciary and urges that this legislation fully incorporate the essential guarantees for the independence of the judiciary, including the United Nations Basic Principles on the Independence of the Judiciary. The Committee recommends that efforts be made to make the Covenant and other international human rights norms as widely known as possible, particularly among the authorities invested with the administration of justice, law enforcement and prison officers but also among the general public. It recommends that the State party avail itself of the technical cooperation services of the Centre for Human Rights.

398.The Committee recommends that the abolition of the propiska system be carried out all over the country without exceptions. Further steps should be taken to bring the law concerning the right to leave the country in full line with the State party's obligations under article 12, paragraphs 2 and 3, of the Covenant and, in particular, to remove restrictions to knowledge of State secrets. The Committee urges that all regional and local authorities be made to comply with the Federal policy of abolishing the propiska system (i.e., the system of "internal passes" or "passports").

399.The Committee urges that legislation be passed on the protection of privacy, as well as that strict and positive action be taken to prevent violations of the right to protection from unlawful or arbitrary interference with privacy, family, home or correspondence.

400.The Committee urges that stringent measures be adopted to ensure an immediate end to mistreatment and abuse of army recruits by their officers and fellow soldiers. It further recommends that every effort be made to ensure that reasonable alternatives to military service be made available that are not punitive in nature or in length of service. It urges that all charges brought against conscientious objectors to military service be dropped.

401.The Committee recommends that national legislation be amended to reflect the broad concept of minorities contained in articles 2, 26 and 27 of the Covenant, which prohibit discrimination on the basis of race, colour, sex, opinion or other status, and further protect the rights not only of "national minorities" but also of ethnic, religious and linguistic minorities.

402.The Committee urges that appropriate and effective measures be adopted to enable all persons displaced as a consequence of the events that occurred in North Ossetia in 1992 to return to their homeland.

403.The Committee firmly urges that the serious violations of human rights that occurred and continue to occur in Chechnya be vigorously and immediately investigated, the perpetrators punished and the victims compensated. It urges the Government to ensure that all persons held in detention are held for legitimate cause, for a reasonable period of time and under humane conditions, in conformity with the State party's obligations under the Covenant.

404.The Committee, noting with appreciation the Government's assurances that ICRC will be granted access to all detention camps, urges that such access be granted immediately in the region of Chechnya and neighbouring republics, to allow ICRC not only to monitor the treatment of detainees but also to provide supplies and services.

405.The Committee recommends that, in order to address the lack of confidence in the local government authorities, the Government consider inviting a greater international presence, including from the Centre for Human Rights, to assist the Special Multilateral Commission established to investigate recent events in Chechnya in improving the effectiveness of human rights investigations and ensuring fairness of trials until such time as the judiciary is functioning properly. Such a measure would make clear that the Government is committed to ending human rights violations both by submitting itself to international scrutiny and by drawing on international expertise toward this end.

406.The Committee urges that adequate measures be adopted to alleviate the conditions of all displaced persons following the fighting in Chechnya, including measures aimed at facilitating their return to their towns and villages.

407.The Committee recommends that education in human rights be included in school and university curricula and that its comments be widely disseminated and incorporated into the curricula of all human rights training programmes organized for law-enforcement officers and administration officials.

408.The Committee considered the fourth periodic report of the United Kingdom of Great Britain and Northern Ireland (CCPR/C/95/Add.3) at its 1432nd, 1433rd and 1434th meetings, on 20 and 21 July 1995, and adopted¹⁹ the following final comments:²⁰

409.The Committee expresses its appreciation to the State party for its detailed and exhaustive report, which largely complies with the Committee's guidelines, although regret is expressed concerning the failure to address adequately issues properly arising under article 26 of the Covenant. The high level of competence of the delegation that presented the report is to be acknowledged, as is their willingness to offer thorough and helpful answers to the wide range of questions put by members. The Committee particularly appreciates the frank acknowledgement by the delegation of those legal issues regarding which the Government of the United Kingdom is still in disagreement with views of the Committee and for their willingness to engage in dialogue with regard to those issues. In this context, the delegation indicated that it would present written observations setting out the view of the Government on the Committee's general comment No. 24 (52) on issues relating to reservations made upon ratification or accession to the Covenant or to the Optional Protocols thereto, or in relation to declarations under article 41 of the Covenant.²¹ It is the view of the Committee that the exchange of views with the State party has been particularly fruitful and constructive.

410.The detailed information submitted by a wide range of non-governmental organizations has not only greatly assisted the Committee but is also a tribute to the democratic nature of United Kingdom society. These organizations play an essential role in furthering the protection of human rights in the country.

411.With regard to all parts of the United Kingdom other than Northern Ireland, the Committee finds that there are no significant factors or other difficulties that should prevent the effective implementation of the Covenant by the Government. With regard to Northern Ireland, the Committee notes that, despite the recent cease-fire and political negotiations, the lack of a final political solution and the continuation of emergency legislation present difficulties affecting full implementation of the Covenant.

412.The Committee warmly welcomes and encourages the initiation of the peace process in Northern Ireland. It acknowledges the historic significance of the recent initiatives and of their importance for the promotion and protection of human rights, including the right of self-determination.

413.While the Committee does not agree with some of the positions of the State party concerning the implementation of the Covenant, it acknowledges the vibrant climate of debate in the United Kingdom, which ensures that issues of human rights are comprehensively discussed and in which it is clear that all points of view are seriously considered.

414.The Committee acknowledges the efforts of the State party to combat racial and ethnic discrimination. The programmes to promote the position of racial and ethnic minorities in society are welcomed, including relevant changes to the entry examination system for the police force, proposed similar changes for the prison service, the activities of the Commission for Racial Equality, and the attention paid to race and ethnic sensitivity training in the training programmes for the judiciary.

415.Improvements in the prison system are welcomed. The Committee welcomes the improvements in prison sanitation conditions and the steps taken in addressing problems of overcrowding within prisons. The Government is to be commended for introducing a system whereby participation by prisoners in programmes of education is remunerated in the same way as engagement in prison labour. The statement by the delegation that accommodation of prisoners in cells at police stations has ceased from June 1995 is also to be welcomed. The appointment of a Prisons Ombudsman by the Government in April 1994 is highly appreciated.

416.The Committee notes that the legal system of the United Kingdom does not fully ensure that an effective remedy is provided for all violations of the rights contained in the Covenant. The Committee is concerned by the extent to which implementation of the Covenant is impeded by the combined effects of the non-incorporation of the Covenant into domestic law, the failure to accede to the first Optional Protocol and the absence of a constitutional bill of rights.

417.The Committee also regrets the decision of the State party not to withdraw any of its reservations under the Covenant.

418.It is the view of the Committee that the powers under the provisions permitting infringements of civil liberties, such as of extended periods of detention without charge or access to legal advisers, entry into private property without judicial warrant, imposition of exclusion orders within the United Kingdom, etc., are excessive. Note is taken of the Government's own admission that conditions at the Castlereagh detention centre in Northern Ireland are unacceptable and concern is therefore expressed at the Government's admission that it has not decided definitively to close the facility. The Committee is also disturbed by reports of the continuation of the practice of strip searching male and female prisoners in the context of the low security risk that now exists and in view of the existence of adequate alternative search techniques.

419.Despite the recent improvements in prison conditions in the United Kingdom, the Committee is still disturbed by the high number of suicides of prisoners, especially among juveniles.

420.The Committee is concerned that, notwithstanding the establishment in the United Kingdom of mechanisms for the external supervision of investigations of incidents in which the police or military are allegedly involved, especially incidents that result in the death or wounding of persons, as the investigations are still carried out by the police, they lack sufficient credibility.

421.The Committee notes with concern that members of some ethnic minorities, including Africans and Afro-Caribbeans, are often disproportionately subjected to stop and search practices that may raise doubts under the non-discriminatory provisions of the Covenant, particularly its articles 3 and 26.

422.The treatment of illegal immigrants, asylum-seekers and those ordered to be deported gives cause for concern. The Committee observes that the incarceration of persons ordered to be deported and particularly the length of their detention may not be necessary in every case and it is gravely concerned at incidences of the use of excessive force in the execution of deportation orders. The Committee also notes with concern that adequate legal representation is not available for asylum-seekers effectively to challenge administrative decisions.

423.The Committee is concerned that the practice of the State party in contracting out to the private commercial sector core State activities which involve the use of force and the detention of persons weakens the protection of rights under the Covenant. The Committee stresses that the State party remains responsible in all circumstances for adherence to all articles of the Covenant.

424.The Committee notes with concern that the provisions of the Criminal Justice and Public Order Act of 1994, which extended the legislation originally applicable in Northern Ireland, whereby inferences may be drawn from the silence of persons accused of crimes, violates various provisions in article 14 of the Covenant, despite the range of safeguards built into the legislation and the rules enacted thereunder.