A/55/40

United Nations

Report of the

Human Rights Committee

Volume I

General Assembly

Official Records  •  Fifty‑fifth Session

Supplement No. 40 (A/55/40)

A/55/40

Report of the

Human Rights Committee

Volume I

General Assembly

Official Records $Fifty-fifth Session

Supplement No. 40 (A/55/40)

United Nations · New York, 2000

NOTE

            Symbols of United Nations documents are composed of capital letters combined with figures.  Mention of such a symbol indicates a reference to a United Nations document.

ISSN 0255-2353

[10 October 2000]

CONTENTS

                                                                                                                        Paragraphs       Page

Chapter

       I.   JURISDICTION AND ACTIVITIES ....................................................   1 -  46             8

            A.        States parties to the International Covenant on

                        Civil and Political Rights .............................................................   1 -   7              8

            B.         Sessions of the Committee .............................................................. 8                   8

            C.        Elections, membership and attendance ........................................   9 -  10             9

            D.        Solemn declaration ......................................................................... 11                 9

            E.         Election of officers .....................................................................  12 -  13             9

            F.         Special rapporteurs ......................................................................... 14                 9

            G.        Revised guidelines for States parties' reports ................................... 15               10

            H.        Working groups ........................................................................  16 -  20           10

            I.          Other United Nations human rights activities ...............................  21 -  24           11

           J.          Derogations pursuant to article 4 of the Covenant .......................  25 -  32           12

            K.        General comments under article 40, paragraph 4,

                        of the Covenant .........................................................................  33 -  35           13

            L.         Staff resources ................................................................................ 36               13

            M.        Publicity for the work of the Committee ........................................... 37               14

            N.        Documents and publications relating to the work

                        of the Committee .......................................................................  38 -  44           14

            O.        Future meetings of the Committee ................................................... 45               15

            P.         Adoption of the report .................................................................... 46               15

CONTENTS (continued)

                                                                                                                        Paragraphs       Page

Chapter

      II.   METHODS OF WORK OF THE COMMITTEE

            UNDER ARTICLE 40 OF THE COVENANT:

            NEW DEVELOPMENTS ....................................................................  47 -  54           16

            A.        Recent decisions on procedures .................................................  48 -  49           16

            B.         Concluding observations ................................................................. 50               16

            C.        Links to other human rights treaties and

treaty bodies ..............................................................................  51 -  53           17

            D.        Cooperation with other United Nations bodies ................................ 54               17

     III.   SUBMISSION OF REPORTS BY STATES PARTIES

            UNDER ARTICLE 40 OF THE COVENANT ....................................  55 -  64           18

            A.                                                                                                    ........................................................................................... Reports submitted to the Secretary-General from

                        August 1999 to July 2000 ............................................................... 56               18

            B.         Overdue reports and non-compliance by States parties

         with their obligations under article 40 .........................................  57 -  64           18

     IV.   CONSIDERATION OF REPORTS SUBMITTED BY

            STATES PARTIES UNDER ARTICLE 40 OF THE

            COVENANT .......................................................................................  65 - 528          22

            A.        Norway ....................................................................................  66 -  83           22

            B.         Morocco ..................................................................................  84 - 123          24

            C.        Republic of Korea .................................................................... 124 - 157          29

            D.        Portugal (Macau) ..................................................................... 158 - 182          33

            E.         Cameroon ................................................................................ 183 - 228          36

            F.         Hong Kong Special Administrative Region ................................ 229 - 259          40

            G.        Congo ..................................................................................... 260 - 295          43

CONTENTS (continued)

                                                                                                                        Paragraphs       Page

Chapter

   IV (contd)

            H.        United Kingdom of Great Britain and

                        Northern Ireland - the Crown Dependencies

                        of Jersey, Guernsey and the Isle of Man .................................... 296 - 314          47

            I.          Mongolia ................................................................................. 315 - 345          49

            J.          Guyana .................................................................................... 346 - 381          53

            K.        Kyrgyzstan ............................................................................... 382 - 421          57

            L.         Ireland ..................................................................................... 422 - 451          61

            M.        Kuwait ..................................................................................... 452 - 497          65

            N.        Australia .................................................................................. 498 - 528          71

      V.   CONSIDERATION OF COMMUNICATIONS UNDER

            THE OPTIONAL PROTOCOL .......................................................... 529 - 595          75

            A.        Progress of work ..................................................................... 531 - 538          75

            B.         Growth of the Committee's caseload under the

                        Optional Protocol...................................................................... 539 - 545          77

            C.        Approaches to considering communications under

                        the Optional Protocol ............................................................... 546 - 548          78

            D.        Individual opinions .................................................................... 549 - 550          79

            E.         Issues considered by the Committee ......................................... 551 - 592          79

            F.         Remedies called for under the Committee's

                        Views ...................................................................................... 593 - 595          89

     VI.   FOLLOW-UP ACTIVITIES UNDER THE

            OPTIONAL PROTOCOL .................................................................. 596 - 617          90

CONTENTS (continued)

                                                                                                                                                Page

Annexes

       I.   STATES PARTIES TO THE INTERNATIONAL COVENANT

            ON CIVIL AND POLITICAL RIGHTS AND TO THE OPTIONAL

            PROTOCOLS AND STATES WHICH HAVE MADE THE

            DECLARATION UNDER ARTICLE 41 OF THE COVENANT

            AS AT 28 JULY 2000 ................................................................................................ 101

            A.        States parties to the International Covenant on Civil

                        and Political Rights .......................................................................................... 101

            B.         States parties to the Optional Protocol ............................................................. 105

            C.        States parties to the Second Optional Protocol, aiming

at the abolition of the death penalty ................................................................... 108

            D.        States which have made the declaration under article 41

of the Covenant ............................................................................................... 109

      II.   MEMBERSHIP AND OFFICERS OF THE HUMAN RIGHTS

            COMMITTEE, 1999-2000 ........................................................................................ 112

            A.        Membership of the Human Rights Committee ................................................... 112

            B.         Officers ........................................................................................................... 112

     III.   CONSOLIDATED GUIDELINES FOR STATES PARTIES' REPORTS

            UNDER THE INTERNATIONAL COVENANT ON CIVIL AND

            POLITICAL RIGHTS ................................................................................................ 113

     IV.   SUBMISSION OF REPORTS AND ADDITIONAL

            INFORMATION BY STATES PARTIES UNDER

            ARTICLE 40 OF THE COVENANT ......................................................................... 118

      V.   STATUS OF REPORTS CONSIDERED DURING THE PERIOD

            UNDER REVIEW AND OF REPORTS STILL PENDING

            BEFORE THE COMMITTEE .................................................................................... 124

CONTENTS (continued)

                                                                                                                                                Page

Annexes

     VI.   GENERAL COMMENTS ADOPTED BY THE HUMAN RIGHTS

            COMMITTEE UNDER ARTICLE 40, PARAGRAPH 4,

            OF THE INTERNATIONAL COVENANT ON CIVIL AND

            POLITICAL RIGHTS ................................................................................................ 128

            A.        General Comment No. 27 (67) concerning article 12

                        (freedom of movement) ................................................................................... 128

            B.         General Comment No. 28 concerning article 3

                        (equality of rights between men and women) .................................................... 133

   VII.   LIST OF STATES PARTIES' DELEGATIONS THAT PARTICIPATED

            IN THE CONSIDERATION OF THEIR RESPECTIVE REPORTS BY

            THE HUMAN RIGHTS COMMITTEE AT ITS SIXTY-SEVENTH,

            SIXTY-EIGHTH AND SIXTY-NINTH SESSIONS ................................................. 140

  VIII.   LIST OF DOCUMENTS ISSUED DURING THE REPORTING

            PERIOD ..................................................................................................................... 146

     IX.   VIEWS OF THE HUMAN RIGHTS COMMITTEE UNDER

            ARTICLE 5, PARAGRAPH 4, OF THE OPTIONAL PROTOCOL

            TO THE INTERNATIONAL COVENANT ON CIVIL AND

            POLITICAL RIGHTS*

      X.   DECISIONS OF THE HUMAN RIGHTS COMMITTEE DECLARING

            COMMUNICATIONS INADMISSIBLE UNDER THE OPTIONAL

            PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL

            AND POLITICAL RIGHTS*

     XI.   DECISION OF THE HUMAN RIGHTS COMMITTEE DECLARING

            A COMMUNICATION ADMISSIBLE UNDER THE OPTIONAL

            PROTOCOL*

   XII.   SUMMARY OF THE ANNOUNCEMENT OF THE UNITED NATIONS

            HIGH COMMISSIONER FOR HUMAN RIGHTS CONCERNING THE

            ESTABLISHMENT OF A PETITIONS TEAM*

_________

*  See Official Records of the General Assembly, Fifty-fifth Session, Supplement No. 40 (A/55/40), vol. II.

I.  JURISDICTION AND ACTIVITIES

A.   States parties to the International Covenant on

                                             Civil and Political Rights

As at 28 July 2000, the closing date of the sixty-ninth session of the Human Rights Committee, there were 145 States parties to the International Covenant on Civil and Political Rights, and 95 States parties to the (first) Optional Protocol to the Covenant.  Both instruments have been in force since 23 March 1976.

Since the last report no further State has become a party to the Covenant.  However, China, which is a signatory of but not yet a party to the Covenant, has notified the Secretary‑General that it will apply the Covenant in the Hong Kong Special Administrative Region and the Macau Special Administrative Region, two regions which returned to Chinese sovereignty in 1997 and 1999, and which were formerly under the administration of two States parties to the Covenant, the United Kingdom and Portugal, respectively.

Since the last report one State has become party to the Optional Protocol:  Cape Verde.  Because of the denunciation, on 27 March 2000, of one State party to the Optional Protocol, Trinidad and Tobago, pursuant to article 12 of the Optional Protocol, the number of States parties remains at 95.

Also as at 28 July 2000, there is no change in the number of States (47) which have made the declaration envisaged under article 41, paragraph 1, of the Covenant.

The Second Optional Protocol, aiming at the abolition of the death penalty, entered into force on 11 July 1991.  As at 28 July 2000, there were 44 States parties to the Second Optional Protocol, an increase since the Committee's last report of six:  Bulgaria, Cape Verde, Cyprus, Monaco, Turkmenistan and the United Kingdom of Great Britain and Northern Ireland.

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

Reservations and other declarations made by a number of States parties in respect of the Covenant and/or the Optional Protocols are set out in the notifications deposited with the Secretary-General.  During the period under review several reservations were withdrawn. 

B.  Sessions of the Committee

The Human Rights Committee held three sessions since the adoption of its previous annual report.  The sixty‑seventh session (1783rd to 1811th meetings) was held at the United Nations Office at Geneva from 18 October to 5 November 1999, the sixty-eighth session (1812th to 1838th meetings) was held at United Nations Headquarters from 13 to 31 March 2000, and the sixty-ninth session (1839th to 1867th meetings) was held at the United Nations Office at Geneva from 10 to 28 July 2000.

C.  Elections, membership and attendance

At the Nineteenth Meeting of States Parties to the Covenant, held at United Nations Headquarters on 13 September 1999, Mr. Louis Henkin (United States of America) was elected to the seat left vacant following the resignation of Mr. Thomas Buergenthal, for a term to end on 31 December 2002. 

Seventeen members of the Committee participated at the sixty-seventh and sixty‑ninth sessions.  All the members of the Committee participated at the sixty-eighth session.  Mr. Fausto Pocar was elected Judge at the International Criminal Tribunal for the Former Yugoslavia in February 2000.  He attended part of the sixty‑eighth session.

D.  Solemn declaration

At the 1783rd meeting (sixty-seventh session), on 18 October 1999, Mr. Henkin made a solemn declaration in accordance with article 38 of the Covenant before assuming his functions.

E.  Election of officers

The officers of the Bureau, elected at the Committee's 1729th meeting (sixty‑fifth session), for a term of two years, in accordance with article 39, paragraph 1, of the Covenant, remained unchanged:

            Chairperson:                 Ms. Cecilia Medina Quiroga

            Vice-Chairpersons:  Mr. Abdelfattah Amor

                                                Mr. Prafullachandra Natwarlal Bhagwati

                                                Ms. Elizabeth Evatt

            Rapporteur:                  Lord Colville

During its sixty-seventh through sixty-ninth sessions the Committee held nine Bureau meetings (three per session) with interpretation.

F.  Special rapporteurs

The Special Rapporteur on Follow‑Up of Views, Mr. Fausto Pocar, met with representatives of Colombia during the sixty-seventh session and presented a report to the Committee during the sixty‑eighth session.  Also at the sixty‑eighth session Mr. Pocar gave up his mandate and the Committee designated Ms. Christine Chanet as the new Special Rapporteur on Follow-Up of Views for the remainder of Mr. Pocar's mandate as Rapporteur, which was to end in March 2001.  During the sixty-eighth session Ms. Chanet met with representatives of Australia and Suriname.  During the sixty-ninth session Ms. Chanet met with representatives of Australia, Austria and Canada.  The Special Rapporteur on New Communications, Mr. David Kretzmer, continued his functions during the reporting period, registered 66 communications, transmitted these communications to the States parties concerned, and issued 11 decisions on interim measures of protection pursuant to rule 86 of the Committee's rules of procedure.

G.  Revised guidelines for States parties' reports

After the Committee, at its 1779th meeting (sixty-sixth session), adopted the English original version of the revised consolidated guidelines for States parties' reports, the Committee approved the French and Spanish language versions with minor adjustments (CCPR/C/66/GUI/Rev.1) at its 1783rd meeting (sixty‑seventh session) (see chap.II below).  The text of the consolidated guidelines is annexed to the present report (annex III).

H.  Working groups

In accordance with rule 62 and rule 89 of its rules of procedure, the Committee established working groups which met before each of its three sessions.  Working groups were entrusted with the task of making recommendations (a) regarding communications received under the Optional Protocol; and (b) for the purposes of article 40, including the preparation of concise lists of issues concerning the initial or periodic reports scheduled for consideration by the Committee.  Other ad hoc working groups were mandated to study the Committee's working methods and to prepare the Committee's contributions to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, to be held in South Africa in September 2001, and the two sessions of the Preparatory Committees in May 2000 and May 2001.

Representatives of United Nations bodies and the specialized agencies, particularly the Joint United Nations Programme on HIV/AIDS (UNAIDS), the United Nations Children's Fund (UNICEF), the United Nations Development Programme (UNDP), the Office of United Nations High Commissioner for Refugees (UNHCR), the International Labour Organization (ILO), and the World Health Organization (WHO), provided advance information on the reports to be considered by the Committee.  To that end, the Working Groups also considered the oral and written presentations by representatives of non-governmental organizations, including Amnesty International, Equality Now, Human Rights Watch, the International Federation of Human Rights Leagues, the International Service for Human Rights, the Lawyers Committee for Human Rights, and several local organizations.  The Inter‑Parliamentary Union also provided information for Committee members.  The Committee welcomed the increasing interest shown and participation by these agencies and organizations and thanked them for the information provided.

Sixty‑seventh session (11‑15 October 1999):  a combined Working Group on Communications and Article 40 was composed of Mr. Amor, Mr. Bhagwati, Lord Colville, Ms. Evatt and Mr. Hipólito Solari Yrigoyen; Lord Colville was elected Chairperson‑Rapporteur.

Sixty-eighth session (6‑10 March 2000):  a combined Working Group on Communications and Article 40 was composed of Mr. Amor, Mr. Nisuke Ando, Mr. Bhagwati, Ms. Evatt, Mr. Eckart Klein, Mr. Kretzmer, Mr. Rajsoomer Lallah, Mr. Solari Yrigoyen, Mr. Roman Wieruszewski and Mr. Maxwell Yalden; Mr. Klein was elected Chairperson‑Rapporteur.  After its fourth meeting and through its tenth meeting, the combined Working Group divided its tasks.  Mr. Klein remained Chairperson‑Rapporteur of the Working Group on Article 40 and Mr. Kretzmer was elected Chairperson‑Rapporteur of the Working Group on Communications, which was open-ended and welcomed the participation of all members.

Sixty-ninth session (3‑7 July 2000):  a combined Working Group on Communications and Article 40 was composed of Mr. Bhagwati, Ms. Chanet, Lord Colville, Mr. Henkin, Mr. Kretzmer, Mr. Solari Yrigoyen, Mr. Wieruszewski and Mr. Yalden; Mr. Wieruszewski was elected Chairperson-Rapporteur.  After its fourth meeting and through its tenth meeting, the combined Working Group divided its tasks.  Mr. Wieruszewski remained Chairperson‑Rapporteur of the Working Group on Article 40 and Mr. Yalden was elected Chairperson‑Rapporteur of the Working Group on Communications, which was open-ended and welcomed the participation of all members.  At the ninth meeting Ms. Evatt joined the Working Group on Communications.

I.  Other United Nations human rights activities

At all of the Committee's sessions, the Committee was informed about activities carried on by United Nations bodies dealing with human rights issues; in particular, the relevant general comments and concluding observations of the Committee on the Rights of the Child, the Committee on the Elimination of Racial Discrimination, the Committee on the Elimination of Discrimination against Women, the Committee on Economic, Social and Cultural Rights, and the Committee against Torture were made available to the members of the Human Rights Committee.  Relevant resolutions and decisions of the General Assembly and the Commission on Human Rights were also discussed.  The United Nations High Commissioner for Human Rights, Mrs. Mary Robinson, addressed the combined Working Group of the sixty-ninth session; she reported on the decision to set up a Petitions Team for the Treaty Bodies; a summary of her announcement is at annex XII.  The Deputy High Commissioner for Human Rights, Mr. Bertrand Ramcharan, addressed the sixty‑seventh and sixty‑ninth sessions of the Committee.

At the 1832nd meeting (sixty-eighth session), on 28 March 2000, the Special Adviser to the Secretary‑General on Gender Issues and the Advancement of Women, Ms. Angela King, addressed the Committee on the adoption by the Commission on the Status of Women of an Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women on the submission of individual communications and inquiry procedures for the Convention, which at that time had 33 signatories.  Ten ratifications are needed for the Optional Protocol to enter into force.  Ms. King also spoke on the importance of the "Beijing plus five" follow-up conference and welcomed the adoption of the Human Rights Committee's General Comment No. 28 on gender equality.

At its 1822nd meeting (sixty‑eighth session), on 21 March 2000, Mr. Bacre Ndiaye, head of the New York Office of the Office of the High Commissioner for Human Rights, addressed the Committee on the occasion of the International Day against Racism and invited the Committee to make a contribution to the preparatory process for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.  The Committee established a working group to prepare a submission to the Preparatory Committee and designated Mr. Solari Yrigoyen as its representative.  Mr. Solari Yrigoyen participated at the first session of the Preparatory Committee, which was held in Geneva from 1 to 5 May 2000. 

The Committee has been mandated to cooperate with UNDP in the development of human rights indicators for common country assessments.

J.  Derogations pursuant to article 4 of the Covenant

Article 4, paragraph 1, of the Covenant stipulates that in time of public emergency States parties may take measures derogating from certain of their obligations under the Covenant.  Pursuant to paragraph 2, no derogation is allowed from articles 6, 7, 8 (paras. 1 and 2), 11, 15, 16 and 18.  Pursuant to paragraph 3, any derogation must be immediately notified to the Secretary‑General, who in turn shall immediately inform the other States parties.  A further notification is required upon the termination of the derogation.

In cases of derogation the Committee considers whether the State party has satisfied the conditions of article 4 and, in particular, insists that the derogation be terminated as soon as possible.  When faced with situations of armed conflict, both external and internal, which affect States parties to the Covenant, the Committee will necessarily examine whether these States parties are complying with all of their obligations under the Covenant.  The Committee's practice under the Covenant and its Optional Protocol, as well as its general comments, provide indications as to the interpretation of article 4 of the Covenant. 

For States parties to the Covenant, the continued practice of derogations has been the subject of dialogue in the context of the consideration of States parties' reports under article 40 of the Covenant.  While not questioning the right of States parties to derogate from certain obligations in states of emergency, in conformity with article 4 of the Covenant, the Committee always urges States parties to withdraw the derogations as soon as possible. 

For States parties to the Optional Protocol, the Committee has considered derogations in the context of the consideration of individual communications.  The Committee has consistently given a strict interpretation to derogations, and in some cases has determined that notwithstanding the derogation the State was responsible for violations of the Covenant.

During the period under review the Government of Namibia notified the Secretary‑General, on 5 August 1999, pursuant to article 4, paragraph 3, of the Covenant, of a state of emergency in the Caprivi region for an initial period of 30 days, indicating that the measure was prompted by circumstances that had arisen in this region causing a public emergency threatening the life of the nation and the constitutional order.  On 10 September 1999 the Government of Namibia specified that the derogation applied with respect to articles 9, paragraph 2, and 9, paragraph 3, of the Covenant.  On 10 September 1999 the declaration of state of emergency was revoked.

On 27 August 1999 the Government of Ecuador notified the Secretary‑General of a decree of 5 July 1999 proclaiming a state of emergency in Ecuador in respect of public and private transport systems throughout the country during the month of July 1999, a further decree of 13 July 1999 declaring the entire territory of Ecuador as a security zone, and a further decree of 17 July 1999 lifting the state of national emergency.  Subsequently, the Government of Ecuador specified that the provisions from which it had derogated were articles 12, paragraph 1, 17, paragraph 1, 21 and 22 of the Covenant.  On 6 January 2000 the Government of Ecuador notified the Secretary‑General of a state of emergency in Ecuador, establishing the entire territory of the Republic as a security zone.  It was explained that the measure was motivated by the serious internal unrest caused by the economic crisis.

On 22 December 1999 the Government of Peru notified the Secretary‑General of a state of emergency in various districts and provinces of the country and its derogation from articles 12, 17, 21 and 29 of the Covenant.  On 2 March 2000, the Government of Peru notified that it had extended the state of emergency in several provinces of Peru during the months of January and February 2000, indicating that the measures were prompted by the persistence of civil unrest and by the need to complete the process of pacification in those areas of the country, and also in order to ensure the rational use of natural resources, particularly timber in the area of Tahuamanú Province of the Department of Madre de Dios.  The Government of Peru specified that the provisions from which it had derogated were articles 9, 12, 17 and 21 of the Covenant.

On 30 May 2000 the Government of Sri Lanka notified the Secretary‑General of a state of emergency and derogated from articles 9, paragraphs 2 and 3; 12, paragraphs 1 and 2; 14, paragraph 3; 17, paragraph 1; 19, paragraph 2; 21 and 22, paragraph 1.  As of the date of this report the state of emergency remained in force.

K.  General Comments under article 40, paragraph 4, of the Covenant

At its sixty-second session, Mr.  Klein submitted to the Committee a draft general comment on article 12, which was discussed during the sixty-third through sixty-sixth sessions.  At its 1783rd meeting, on 18 October 1999 (sixty-seventh session), the Committee adopted General Comment No. 27 (CCPR/C/21/Rev.1/Add.9), which is reproduced at annex VI, section A.

At its sixty-second session, Ms. Medina Quiroga submitted to the Committee a draft general comment on article 3 of the Covenant, revising and replacing General Comment No. 4 (adopted at the Committee's third session).  The Committee discussed the draft during the sixty‑third through sixty-eighth sessions.  At its 1834th meeting, on 29 March 2000 (sixty‑eighth session), the Committee adopted General Comment No. 28 concerning gender equality (CCPR/C/21/Rev.1/Add.10), which is reproduced at annex VI, section B.

At its sixty-sixth session, Mr. Martin Scheinin submitted a draft general comment on article 4, which was discussed during the sixty-seventh, sixty-eighth and sixty-ninth sessions.  A working group of the Committee is also currently working on a draft general comment on racism and xenophobia.

L.  Staff resources

The Committee, during its sixty‑seventh session, welcomed the commitment expressed by the United Nations High Commissioner for Human Rights to improve the staff situation referred to in the last annual report.  In particular, the Committee welcomed the recruitment of a temporary staff member to help reduce the backlog in communications, as well as the approval of a new post for communications, which should be filled in the very near future.  Moreover, a plan of action to strengthen three Geneva‑based committees is expected to alleviate the serious situation of understaffing.  The Committee reiterated its emphasis on the need for sufficient Professional and other staff to be allocated with experience in all aspects of the Committee's work and specific responsibilities for that work.  The Committee now looks forward to improvements following the High Commissioner's announcement.

M.  Publicity for the work of the Committee

The Chairperson, accompanied by members of the Bureau, met with the press at all of the Committee's three sessions.

N.  Documents and publications relating

                                                    to the work of the Committee

The Committee continued to be seriously concerned about the difficulties it faced in regard to the late issuance of Committee documents, particularly reports by States parties, as a consequence of delays in editing and translation.  In this connection the Committee noted that pursuant to its recommendation, made during its sixty-sixth session, reports of States parties, whenever possible, are now being submitted for translation without editing, and that this new practice has significantly reduced the delay in issuing reports.

The Committee noted further that the summary records of the Committee meetings were issued only after considerable delay; summary records from the New York meetings were sometimes issued after a lapse of more than one year.

The Committee urged that the publication of volumes 3 and 4 of the Selected Decisions under the Optional Protocol be undertaken as a matter of priority.  This has been requested as part of the plan of action. 

The Committee reiterated its concern over the discontinuation of the publication of its Official Records after 1991/92, and noted with regret that resources had not been made available for the publication of further volumes.  This matter is also in the plan of action.

The Committee welcomed the opening and further development of the web site of the Office of the High Commissioner for Human Rights (http://www.unhchr.ch), at which Internet users have access to the treaty bodies database, including all Views under the Optional Protocol since the forty-sixth session (October‑November 1992).  The Committee noted that the input of material was incomplete, especially in regard to the Committee's jurisprudence, and that there was no adequate search function.

The Committee had ascertained that the documentary records which had not yet appeared in the Official Records of the Committee were not all available on the web site.  The Committee asked that urgent efforts be made to ensure that all material not yet published in the Official Records be put on the database.  It asked that the summary records include the lists of issues in relation to the discussion of States parties' reports.

The Committee welcomed the publication of its decisions under the Optional Protocol in the database of various universities, including the university of Minnesota, United States of America (http://www1.umn.edu/humanrts/undocs/undocs.htm) and the launching of a case-law digest on the Committee's jurisprudence under the Optional Protocol by the University of Utrecht, the Netherlands (SIM Documentation Site, http://sim.law.uu.nl/SIM/Dochome.ns).  Moreover, the Committee noted with satisfaction that its work was becoming better known thanks to initiatives taken by UNDP and the Department of Public Information (DPI). 

Moreover, the Committee appreciated the growing interest shown by universities and other institutions of higher learning and the publication of several pertinent dissertations and other scholarly works on the Committee.

O.  Future meetings of the Committee

At its sixty-ninth session, the Committee confirmed the following schedule of future meetings in 2000/200l:  the seventieth session, to be held at the United Nations Office at Geneva from 16 October to 3 November 2000; the seventy‑first session, to be held at United Nations Headquarters from 19 March to 6 April 2001; the seventy-second session at the United Nations Office at Geneva from 9 to 27 July 2001; and the seventy‑third session at the United Nations Office at Geneva from 15 October to 2 November 2001.

P.  Adoption of the report

At its 1859th and 1860th meetings, held on 24 July 2000, the Committee considered the draft of its twenty-fourth annual report, covering its activities at its sixty-seventh, sixty-eighth and sixty-ninth sessions, held in 1999 and 2000.  The report, as amended in the course of the discussion, was adopted unanimously.  By virtue of Economic and Social Council decision 1985/105 of 8 February 1985, the Council authorized the Secretary‑General to transmit the Committee's annual report directly to the General Assembly.

II.  METHODS OF WORK OF THE COMMITTEE UNDER ARTICLE 40

                       OF THE COVENANT:  NEW DEVELOPMENTS

The present chapter summarizes and explains the modifications recently introduced by the Committee to its working methods under article 40 of the Covenant.

A.  Recent decisions on procedures

At its sixty-fifth session in March 1999, the Committee decided that the lists of issues for the examination of States parties reports should henceforth be adopted at the session prior to the examination of a report, thereby allowing a period of at least two months for States parties to prepare for the discussion with the Committee.  Central to the consideration of States parties' reports is the oral hearing, where the delegations of States parties have the opportunity to answer specific questions from members of the Committee.  Thus, States parties are encouraged to use the list of issues in order better to prepare for a constructive discussion, but are not expected to submit written answers.  If they do, these written answers must be received well in advance of the examination of the report so as to allow for translation into the languages of the Committee members.  This new practice was put into effect at the sixty-sixth session, at which the lists of issues for the sixty-seventh session were adopted.  Experience at the sixty-seventh, sixty-eighth and sixty-ninth sessions has demonstrated that the change has been fully justified in practice.

At the sixty-sixth session, the Committee adopted new consolidated guidelines on States parties' reports, which replace all prior guidelines and are intended to facilitate the preparation of initial and periodic reports by States parties (see para. 15 above).  These guidelines provide for comprehensive initial reports, written on an article-by-article basis, and targeted periodic reports primarily addressing the Committee's concluding observations and following, to the extent necessary, the article-by-article approach.  In their periodic reports States parties need not report on every article, but only on those articles identified by the Committee in its concluding observations and those articles concerning which there have been important developments since the submission of the previous report.  As was stated in the 1999 annual report, all earlier documents and guidelines on this subject are now superseded.  The new guidelines were not published in the Committee's 1999 report (A/54/40), in view of the fact that the text in all languages had to be carefully checked.  Minor drafting amendments were made at the Committee's 1784th meeting on 18 October 1999 and the guidelines were published under the symbol CCPR/C/66/GUI/Rev.1.

B.  Concluding observations

By virtue of a decision taken at its 1123rd meeting, held on 24 March 1992, the Committee has been adopting concluding observations.  Until a follow-up procedure has been devised to monitor compliance with the Committee's recommendations, the Committee takes the concluding observations as a starting point in the preparation of the list of issues for the examination of the subsequent State party report.  In some cases the Committee has received comments from the States parties, which are issued in document form.  During the period under review such comments were received from Mexico and the Republic of Korea.

C.  Links to other human rights treaties and treaty bodies

The Committee continues to find value in the meeting of persons chairing the human rights treaty bodies as a forum for the exchange of ideas and information on procedures and logistical problems, particularly the need for sufficient services to enable the various treaty bodies to carry out their respective mandates.

Ms. Cecilia Medina Quiroga, the Chairperson of the Committee, participated in the twelfth meeting of chairpersons, held in Geneva in June 2000.  The outcome of the twelfth meeting was discussed at the sixty-ninth session.  Among the matters discussed were:

            (a)        The question of the backlog of communications under the Optional Protocol;

            (b)        The question of staff resources;

            (c)        The plan of action for the Human Rights Committee, the Committee on the Elimination of Racial Discrimination and the Committee against Torture;

            (d)        The question of follow-up to views and to concluding observations on States parties' reports;

            (e)        the question of human rights indicators (see para. 54 below).

With regard to the plan of action, which is becoming operational in 2000, members of the Committee stressed that the work of the Committee was of a permanent, ongoing nature and that its funding should be solidly based in the budget of the United Nations.  Thus, in the allocation of resources the Secretary-General should give priority to ensuring that the Committee can carry out its core tasks.  Moreover, it is essential to ensure both appropriate expertise and continuity of resources.

D.  Cooperation with other United Nations bodies

At its sixty-eighth session the Committee began consideration of its participation in the initiative emerging from the Memorandum of Understanding signed by the Office of the High Commissioner for Human Rights and United Nations Development Programme on cooperation over a wide range of human rights issues and activities.  The Committee welcomes the fact that, in its development programmes and in particular those relating to technical assistance, the United Nations Development Programme takes account of the Committee's conclusions arising from its consideration of State party reports.  While the indicators, i.e. quantitative and qualitative criteria for assessing compliance by States parties with the provisions of human rights treaties and for a State party's capacity for good governance, do not as yet include many rights guaranteed by the International Covenant on Civil and Political Rights, the Committee intends to play its part in refining and developing these indicators, so that United Nations resources may be more effectively targeted.

III.  SUBMISSION OF REPORTS BY STATES PARTIES

                                      UNDER ARTICLE 40 OF THE COVENANT

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 in 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 State party concerned and thereafter whenever the Committee so requests.  Under the Committee's current guidelines, adopted at the sixty-sixth session and released at the sixty-seventh session (CCPR/C/GUI/66/Rev.1), the five-year periodicity in reporting, which the Committee itself had established at its thirteenth session in July 1981 (see CCPR/C/19/Rev.1), has now been replaced by a more flexible system wherebythe date for the submission of a State party's subsequent periodic report is set on a case-by-case basis at the end of the Committee's concluding observations on any report under article 40.

A.  Reports submitted to the Secretary-General from August 1999 to July 2000

During the period covered by the present report, 13 initial or periodic reports were submitted to the Secretary-General:  initial reports were submitted by Croatia, the Czech Republic and Monaco; second periodic reports were submitted by Azerbaijan, the Democratic People's Republic of Korea, Guatemala and the Syrian Arab Republic; third periodic reports by the Dominican Republic (combined with the fourth periodic report), Trinidad and Tobago (combined with the fourth periodic report) and Venezuela; fifth periodic reports by Ukraine, the United Kingdom of Great Britain and Northern Ireland and the United Kingdom (Overseas Territories).

B.  Overdue reports and non-compliance by States parties

                                      with their obligations under article 40

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.  Those reports are the basis of the discussion between the Committee and States parties on the human rights situation in States parties.  Regrettably, serious delays have been noted since the establishment of the Committee.  For example, at its sixty-fourth session in October/November 1998, the Committee decided to request the overdue report from Trinidad and Tobago.  During the sixty-fifth session, held in March 1999 in New York, the Committee met with the Attorney General of Trinidad and Tobago, and a combined third and fourth report was submitted in September 1999.

The Committee is facing not only a problem of overdue reports, but also a backlog of reports already received but not yet considered, which has continued to grow notwithstanding the Committee's new guidelines and other significant improvements in the Committee's working methods.  With a view to reducing this backlog, the Committee decided to consider jointly the third and fourth reports of Australia, which had been received and issued as separate documents, at its sixty-ninth session.  In the same vein and for the same reason, the Committee has decided to accept the submission of two overdue reports combined in a single document, for example the combined third and fourth reports submitted by Trinidad and Tobago.  The Committee does not, however, encourage the practise of combining overdue reports.  Since the adoption of the new Guidelines, the date for the submission of the next periodic report is stated in the concluding observations.  It is too early to comment on the observance of this requirement.

The Committee notes with concern that the failure of States to submit reports hinders the Committee in the performance of its monitoring functions under article 40 of the Covenant.  The Committee lists below the States parties that have a report more than five years overdue, as well as those that have not submitted reports requested by a special decision of the Committee.  The Committee wishes to reiterate that those States are in serious default of their obligations under article 40 of the Covenant.

States parties that have reports more than five years overdue (as of 28 July 2000) or

that have not submitted a report requested by a special decision of the Committee

The Committee drew particular attention to 19 initial reports which had not yet been presented (including the 15 overdue initial reports listed above).  The result was to frustrate a major objective of ratifying the Covenant, that of submitting to the Committee regular reports on compliance with the Covenant.  There was no opportunity even to commence a discussion of the human rights situation in those States.

The Committee noted that, in the period under review, two States parties (Afghanistan and Venezuela) whose reports had been listed for consideration at the sixty-eighth session, had notified the Committee a few days before the scheduled consideration of the respective report that they could not send a delegation on the scheduled date and had asked for a postponement. The Committee expressed its concern at such failure by States to cooperate in the reporting process and especially their withdrawal at a late stage; such conduct aggravates the backlog problem in the examination of reports, since it is impossible for the Committee to schedule on short notice the examination of any other report.  During the sixty-seventh session the Committee received a notification from another State party, Peru, that it would not be able to come for the consideration of its report during the sixty-eighth session.  In that case, the Committee was able to reschedule the examination of that State party's report in October 2000 and select another State party report for examination during the sixty-eighth session. 

The Committee is working on establishing procedures which would enable it, in circumstances such as those set out in paragraphs 60 and 61, to consider compliance by States parties which have failed to submit reports under article 40.

At the sixty-seventh session an addendum to the report of a State party, updating the information already submitted was presented to the Secretariat.  This addendum was submitted one working day before the scheduled consideration of the report.  The addendum was duly copied and distributed to the members in the language of submission.  While the Committee very much appreciated receiving updated information to enhance the dialogue, it drew to the attention of the delegation and wishes to stress to all States parties that, in accordance with the guidelines, addenda can only be fully taken into account if they are received at least 10 weeks before the consideration of a report, so as to ensure their translation into the languages used by the Committee members.

At its 1860th meeting, on 24 July 2000, the Committee decided that Kazakhstan should be requested to submit its initial report by 31 July 2001, notwithstanding the fact that no instrument of succession or accession has been received from Kazakhstan following its independence.

IV.  CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES

                      UNDER ARTICLE 40 OF THE COVENANT

The following sections, arranged on a country-by-country basis in the sequence followed by the Committee in its consideration of the reports, contain the concluding observations adopted by the Committee with respect to the States parties' reports considered at its sixty-seventh, sixty‑eighth and sixty-ninth sessions.  The Committee urges States parties to adopt corrective measures consistent with their obligations under the Covenant and indents these recommendations.

A.  Norway

The Committee considered the fourth periodic report of Norway (CCPR/C/115/Add.2) at its 1785th and 1786th meetings (CCPR/C/SR.1785 and 1786) held on 19 October 1999 and adopted the following concluding observations at its 1796th meeting, held on 26 October 1999.

1.  Introduction

The Committee welcomes the timely submission of the State party's fourth periodic report and its detailed information on laws, other measures and practices relating to the implementation of the Covenant.  The Committee also appreciates the further information about developments in the implementation of human rights in Norway subsequent to the submission of the report.  The Committee expresses its appreciation for the constructive and open dialogue it had with the Norwegian delegation.

2.  Positive aspects

The Committee commends the State party for its generally positive record in the implementation of the provisions of the Covenant. It notes with appreciation the extensive legislative activity and other measures that have been taken for the promotion and protection of rights recognized under the Covenant since the examination of the third periodic report.

The Committee welcomes the adoption of the Human Rights Act under which the Covenant has been directly incorporated into the legal system of Norway and the fact that it prevails over conflicting statutory provisions (art. 2).

The Committee also welcomes both the appointment of a new Minister for Development and Human Rights and the new practice of the Government in presenting comprehensive annual reports to the Storting (Parliament) on the implementation and monitoring of human rights.  The Committee looks forward to receiving information in future reports on the Plan of Action which is to be forwarded to the Storting on 10 December 1999, and the measures which will be recommended to further enhance the protection of human rights in Norway (art. 2).

While noting that the unemployment rate for immigrants is still substantially higher than for the rest of the population, the Committee commends the new legislation and the Plan of Action, both seeking to promote equality in the labour market (art. 26).

The Committee appreciates the steps taken to increase the number of women in the judiciary, in politics, and in leading positions both in public institutions and in the private sector, and other measures taken to combat traditional gender concentration in certain professions (arts. 3 and 26).

Noting that the Lund Commission uncovered many instances of unlawful telephone‑monitoring, the Committee welcomes Law No. 73 of 1999 which after its entry into force on 1 January 2000 will afford the right to compensation to victims, and a general right to seek information about oneself contained in the records and registers of the Police Security Service (art. 17).

The Committee commends the State party for the new system which was implemented in 1998 with regard to the questioning of child victims of sexual abuse in judicial proceedings (arts.14 and 24).

The Committee takes note of the positive developments in the field of protecting and promoting the human rights of members of the Sami indigenous people, including the strengthening of the Sami Parliament, measures aimed at promoting the Sami language, the transfer of certain cultural institutions to the Sami themselves, as well as the ongoing legal reform related to lands and resources in Finnmark and other areas with a Sami population.  The Committee welcomes the developments to ensure full consultation with the Sami in matters affecting their traditional means of livelihood (arts. 1 and 27).

3.  Principal subjects of concern and recommendations

The Committee notes with concern that pre-trial detention in some cases is used for excessive periods of time.  The Committee is also concerned at the extent to which the liberty of persons may be withdrawn by administrative detention.  The Committee recommends that the enabling legislation and practice be reviewed with regard to both pre-trial and administrative detention, with a view to guaranteeing full compliance with all provisions of article 9 of the Covenant.

The Committee welcomes the partial withdrawal of the reservation to article 14, paragraph 5, but recommends that the State party consider a complete withdrawal.

The Committee reiterates its concerns over section 2 of the Constitution which provides that individuals professing the Evangelical Lutheran religion are bound to bring up their children in the same faith.  Its inclusion in the Constitution is incompatible with the Covenant.  The Committee therefore recommends that section 2 be modified to comply with article 18 of the Covenant.

The Committee recommends early action to review and reform laws relating to criminal defamation (art. 19).

With reference to the information in the report about alleged lack of proper reaction from law enforcement officials in cases of racial discrimination, the Committee recommends that the situation be thoroughly analysed and requests that further information be made available (art. 26).

The Committee remains concerned that while legislative reform work in the field of Sami land and resource rights is in progress, traditional Sami means of livelihood, falling under article 27 of the Covenant, do not appear to enjoy full protection in relation to various forms of competing public and private uses of land.  Lawsuits by private landowners leading to judicial prohibition of reindeer-herding and high legal costs for the Sami are a particular concern in the absence of satisfactory legal aid.

As the Government and Parliament of Norway have addressed the situation of the Sami in the framework of the right to self-determination, the Committee expects Norway to report on the Sami people's right to self-determination under article 1 of the Covenant, including paragraph 2 of that article.

4.  Dissemination of information about the Covenant (art. 2)

The Committee requests that Norway's fifth periodic report be submitted by 31 October 2004.  That report should be prepared in accordance with the revised guidelines adopted by the Committee (CCPR/C/66/GUI/Rev.1) and should give particular attention to the issues raised in these concluding observations.  The Committee requests that these concluding observations and the next periodic report be widely disseminated in Norway.

B.  Morocco

The Committee considered the fourth periodic report of Morocco (CCPR/C/115/Add.1) at its 1788th, 1789th and 1790th meetings (CCPR/C/SR.1788-1790), held on 20 and 21 October 1999, and adopted the following concluding observations at its 1802nd meeting, held on 29 October 1999.

1.  Introduction

The Committee welcomes the fourth periodic report of Morocco, which was submitted in time.  While the Committee appreciates the information provided on the new Constitution and other legislation adopted since the examination of Morocco's third periodic report, it notes that little information was provided on the actual application of these laws through the granting of remedies, or on the reality of the human rights situation.

2.  Positive aspects

The Committee welcomes the adoption by the State party of the 1996 Constitution, providing, inter alia, for the protection of certain Covenant rights, and the steps taken towards democratization since the examination of Morocco's third report in 1994.  It welcomes the recognition by the State party of the need for reforms to implement Covenant rights fully and the recent statements at the highest level to this effect.  It encourages Morocco to accelerate the ongoing process of reviewing its legislation and enacting laws to give effect to the provisions of the Covenant.

The Committee welcomes the commutation of death sentences which has applied since 1994, and the new autopsy procedures in cases of death in custody.  It also welcomes the release of many prisoners, the granting of passports to some government opponents and the return from exile of others, and the provision of medical examinations for detainees.

The Committee notes with satisfaction the establishment of a Ministry of Human Rights, a Consultative Council on Human Rights, which has reported on many cases of disappearance, and a Commission of Arbitration to provide compensation to victims of arbitrary detention and to the families of disappeared persons.  The establishment of a National Observatory for the Rights of the Child and a National Plan of Action for the Integration of Women is particularly welcome.

The Committee welcomes the fact that the State party has entered into an agreement with the Office of the United Nations High Commissioner for Human Rights to establish a centre for documentation and education in human rights to provide for human rights training in Morocco.  It also welcomes the action taken by the State party in regard to human rights training for the legal profession and the media.

3.  Principal subjects of concern and recommendations

The Committee observes that while it is stated that the Covenant is part of domestic law, the effect of this on many laws which appear to be incompatible with the Covenant is unclear. The Committee is also concerned that there is no agency fully independent of Government with general responsibility for monitoring the implementation of human rights (art. 2).

The Committee encourages the State party to ratify the Optional Protocol.

The Committee remains concerned about the very slow pace of the preparations towards a referendum in Western Sahara on the question of self-determination, and at the lack of information on the implementation of human rights in that region.

The State party should move expeditiously and cooperate fully in the completion of the necessary preparations for the referendum (arts. 1 and 2).

The Committee reiterates its concern that many cases of disappeared persons in Morocco have not yet been resolved by or referred to the Consultative Council on Human Rights, and that according to the delegation it is not yet opportune to investigate the responsibility for those disappearances.

It urges the State party to intensify investigations into the whereabouts of all persons reportedly missing, to release any such persons who may still be held in detention, to provide lists of prisoners of war to independent observers, to inform families about the location of the graves of disappeared persons known to be dead, to prosecute the persons responsible for the disappearances or deaths, and to provide compensation to victims or their families where rights have been violated.

The Committee notes that Moroccan law does not specify or limit the derogations on rights which are permitted in time of public emergency and does not ensure compliance with article 4 of the Covenant.

The State party should ensure that its law and practice are in full compliance with its obligations under article 4.

The Committee regrets the lack of specific information in the report about the de facto situation of women in Morocco and observes that the high rate of female illiteracy reported by the delegation underlines the lack of equal opportunity for women in all aspects of society.  It continues to be deeply concerned about the extent of discrimination against Moroccan women in education, in employment, in public life and in criminal and civil laws, including laws dealing with inheritance, marriage, divorce and family relations, including the questions of polygamy, repudiation of marriage, grounds for divorce, age of marriage and restrictions on marriage by Muslim women to non‑Muslims.  It notes with concern that the constitutional guarantees of women's equality extend only to political rights.

 

The State party is urged to intensify its efforts to overcome illiteracy, lack of education and all forms of discrimination against women, to implement fully the guarantee of equality contained in the Covenant (and in particular articles 2, paragraph 1, 3, 23, 25 and 26) and to ensure the equal enjoyment by women of all rights and freedoms.

The Committee notes with concern that the strict prohibition on abortion, even in cases of rape or incest, and the stigmatization of women who give birth to children outside marriage results in clandestine, unsafe abortions which contribute to a high rate of maternal mortality.

The State party should ensure that women have full and equal access to family planning services and to contraception and that criminal sanctions are not applied in such a way as to increase the risk to life and health of women.

The Committee notes with concern that there are no special programmes, legal sanctions or protective measures to counter violence and sexual abuse of women, including marital rape, and that there are aspects of the criminal law (such as the crime of honour defence) which fail to provide equal protection of women's rights under articles 7 and 9 of the Covenant.

Legal and protective measures should be adopted to guarantee women's rights to personal security.

The Committee reiterates its concern at the number of offences which remain subject to the death penalty.

The State party should bring its laws into line with its current policy by abolishing the death penalty altogether and, in any event, should limit the application of the death penalty to the most serious offences as required by article 6 of the Covenant.  The Committee also urges the State party to fulfil its undertaking to release a list of all persons under sentence of death.

The Committee is concerned at the number of allegations of torture and ill-treatment of detainees by police officials, and that these have been dealt with, if at all, only by disciplinary action and not by the imposition of criminal sanctions on those responsible for such violations.

In fulfilment of its obligations under article 7 of the Covenant, the State party should adopt firm measures to eradicate the practice of torture and enact legislation to make torture a criminal offence and to exclude the admissibility in evidence of any confession or statement obtained by torture or duress; appropriate mechanisms should be established for independent monitoring of police detention centres and penitentiaries; all reports of torture and ill-treatment must be investigated, the persons responsible should be prosecuted, and victims of torture must be granted compensation.

The Committee notes with concern that the maximum length of detention of a suspect before being brought before a judge may in some cases be as long as 96 hours, that the Crown Prosecutor General has power to extend this period, and that persons detained may not have access to counsel during this period.  The Committee is also concerned about the length of pre‑trial detention.

The State party should ensure that its laws and procedures comply with the guarantees of article 9.

The Committee is concerned that the fair trial guarantees of article 14, such as the presumption of innocence and the right to appeal in criminal cases, are not fully reflected in the Constitution or in the Code of Criminal Procedure.  It is also concerned that there is no review by higher courts of decisions handed down by special courts like the Permanent Court of the Royal Armed Forces and the Special Court of Justice.

The State party should adopt appropriate legislation so as to guarantee the presumption of innocence, as required under article 14, paragraph 2, of the Covenant, and ensure a right of appeal in all criminal cases in keeping with article 14, paragraph 5, of the Covenant.

The Committee regrets the continued existence of legislation allowing the court to order imprisonment for debt arising from a contractual obligation, despite a decision by the Administrative Tribunal of Rabat holding that imprisonment may not be imposed in a particular case of this kind because it violates Morocco's obligations under the Covenant.

Sections 673 et seq. of the Code of Criminal Procedure should be amended so as to comply with article 11 of the Covenant.

The Committee regrets the lack of specific information in the report concerning the law and practice in relation to freedom of movement within the territory and the right to enter and to leave the territory of the State party.  In particular, it is not clear under which laws exile may be imposed or withdrawn or how the right to obtain a passport and, where applicable, an exit visa can be enforced by individuals.

The State party should ensure that its laws are in full conformity with article 12 of the Covenant, that the laws are transparent and that effective remedies are available to enforce the rights protected by article 12.

The Committee is concerned that the impartiality of the judiciary is not fully ensured in accordance with article 14, paragraph 1.  The State party should take steps to guarantee the independence and impartiality of the judiciary, and in particular to ensure that there are effective and independent disciplinary mechanisms.

The Committee continues to be concerned that freedom of religion and belief is not fully guaranteed.  In this regard it observes that the Covenant requires religious freedom to be respected in regard to persons of all religious convictions and not restricted to monotheistic religions, and that the right to change religion should not be restricted, directly or indirectly. 

The State party should take measures to ensure respect for freedom of religion and belief, and ensure that its laws and policies fully comply with article 18 of the Covenant. 

The Committee continues to be concerned that the Moroccan Press Code includes provisions (e.g. arts. 42, 64, 77) which severely restrict freedom of expression by authorizing seizure of publications and by imposing penalties for broadly defined offences (such as publishing inaccurate information or undermining the political or religious establishment).  It is deeply concerned that 44 persons have been imprisoned for offences under these laws.  In addition, the Committee is particularly concerned that persons expressing political views opposing the Government or calling for a republican form of government have been sentenced to imprisonment under article 179 of the Penal Code for the offence of insulting members of the royal family.  These laws and their application appear to exceed the limits permitted by article 19, paragraph 3.

 

The State party should amend or repeal the dahir of 1973 and bring all its criminal and civil laws into full compliance with article 19 of the Covenant and release persons whose conviction and imprisonment are incompatible with those provisions.

The Committee is concerned at the breadth of the requirement of notification for assemblies and that the requirement of a receipt of notification of an assembly is often abused, resulting in de facto limits of the right of assembly, ensured in article 21 of the Covenant.

The requirement of notification should be restricted to outdoor assemblies and procedures adopted to ensure the issue of a receipt in all cases.

4.  Dissemination of information about the Covenant (art. 2)

The Committee sets the date for the submission of Morocco's fifth periodic report as 31 October 2003.  That report should be prepared in accordance with the Committee's revised guidelines and should give particular attention to the situation of women, the problem of the disappeared and to the other issues raised by the Committee in these concluding observations.  The Committee urges the State party to make available to the public as well as to the legislative and administrative authorities the text of these concluding observations in multiple languages.  It requests that the next periodic report be widely disseminated among the public, including civil society and non-governmental organisations operating in Morocco.

C.  Republic of Korea

The Committee considered the second periodic report of the Republic of Korea (CCPR/C/114/Add.1) at its 1791st and 1792nd meetings (see CCPR/C/SR.1791 and 1792), held on 22 October 1999, and adopted the following concluding observations at its 1802nd meeting, held on 29 October 1999.

1.  Introduction

The Committee welcomes the second periodic report submitted by the Republic of Korea within the specified time limit.  The Committee regrets, however, that despite its comment that the initial report of the State party did not include sufficient information about implementation of the Covenant in practice, the second periodic report suffered from the same deficiency.  The Committee further regrets the lack of responses to a number of questions posed by its members during the examination of the report.  As a result, the Committee was prevented from fully monitoring compliance by the State party with all provisions of the Covenant.

2.  Factors and difficulties affecting the implementation of the Covenant

The Committee appreciates the security concerns of the State party that result from the fact that no final agreement has been reached between the two Koreas.  The Committee stresses, however, that citing security concerns does not of itself justify restrictions on Covenant rights, and that even when a State party is faced with genuine security problems restrictions on rights must meet the requirements of the Covenant.

3.  Positive factors

The Committee commends dissemination of the report among the non-governmental organizations that contributed significantly to the Committee's examination of the report.  The Committee takes note of an increasing openness of society, as is evident from the abolition of the Performance Monitoring Committee, which had been responsible for censorship of the performing arts.

The Committee notes the enactment of a number of laws aimed at strengthening protection of Covenant rights, especially the rights to equality protected under article 2, paragraph 1, and articles 3 and 26 of the Covenant.  These laws include the Basic Women's Development Act, amendments introduced in the Employment Equality Act, the Handicapped Employment Act, the Gender Discrimination Prevention and Relief Act and the Prevention of Domestic Violence and Victim Protection Act.

The Committee notes measures undertaken to enhance awareness of the Covenant and of human rights in general that include obligatory human rights training for judges, lawyers and prosecutors.  It also welcomes the translation into the Korean language and the distribution of the major international human rights instruments.

4.  Principal areas of concern and recommendations

The status under domestic law of the rights provided for in the Covenant remains unclear, particularly since the Korean Constitution does not enumerate all of these rights and the extent and criteria under which they may be limited.  The Committee is concerned that article 6 of the Constitution, according to which international treaties ratified by the State party have the same effect as domestic laws, has been interpreted as implying that legislation enacted after accession to the Covenant has status superior to that of Covenant rights.

The Committee reiterates its grave concern expressed after consideration of the initial report regarding the continued existence and application of the National Security Law.  According to the State party, the National Security Law is used to deal with legal problems that arise from the division of Korea.  However, the Committee is concerned that it is also used to establish special rules of detention, interrogation and substantive liability that are incompatible with various articles of the Covenant, including articles 9, 18 and 19.

The Committee reiterates the recommendation made after consideration of the State party's initial report that the State party phase out the National Security Law.

The Committee considers that the scope of activities that may be regarded as encouraging "anti‑State organizations" under article 7 of the National Security Law is unreasonably wide.  From the cases that have come before the Committee in individual communications under the Optional Protocol and other information provided on prosecutions brought under article 7, it is clear that the restrictions placed on freedom of expression do not meet the requirements of article 19, paragraph 3, of the Covenant, as they cannot be regarded as necessary to protect national security.  The Covenant does not permit restrictions on the expression of ideas merely because they coincide with those held by an enemy entity or may be considered to create sympathy for that entity.  The Committee also emphasizes that internal directives regarding prosecution policy do not provide adequate guarantees against the use of article 7 in a manner that is incompatible with the Covenant.

The State party must urgently amend article 7 so as to make it compatible with the Covenant.

The Committee is deeply concerned about the laws and practices that encourage and reinforce discriminatory attitudes towards women.  In particular, the family headship system both reflects and reinforces a patriarchal society in which women have a subordinate role.  The practice of identifying the sex of foetuses, the disproportionate percentage of boys among second- and third-born children and the high rate of maternal mortality that apparently arises from the number of unsafe abortions are deeply disturbing.  The Committee stresses that prevailing social attitudes cannot justify failure by the State party to comply with its obligations under articles 3 and 26 of the Covenant to ensure equal protection of the law and the equal right of men and women to the enjoyment of all the rights set forth in the Covenant.

While welcoming the new legislation enacted by the State party for the prevention and punishment of domestic violence, the Committee remains concerned at the high level of such violence and the remaining inadequacies in law and practice.

Specifically, the Committee is concerned that the offence of rape requires evidence of resistance by the woman, that marriage to the victim of rape provides a defence to the accused, and that it appears that marital rape is not a criminal offence.

The new legislation on prevention and punishment of domestic violence should be strengthened by eliminating existing legal rules that weaken the protection of women against such violence.

The Committee is concerned over the extent of discrimination against women in employment, over the lack of adequate protection for the high number of women employed in small enterprises and over the disparity between the earnings of men and women.

In order to ensure compliance with articles 3 and 26 of the Covenant, the State party must promote effective implementation of the Gender Discrimination Prevention and Relief Act enacted in January 1999, and adopt positive measures to guarantee equality of opportunity and conditions of employment for women.

The law of criminal procedure, under which the detention of a suspect is subject to judicial review only if the detainee lodges an appeal, is incompatible with article 9, paragraph 3, of the Covenant, which provides that every person detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power.  The excessive length of permissible pre-trial detention (30 days in ordinary cases and 50 days in cases involving the National Security Law), and the lack of defined grounds for such detention also raise questions of compliance by the State party with article 9.

The State party must amend its law so as to ensure respect for all the rights of detained persons provided for under article 9 of the Covenant.

The Committee takes note of the procedures for monthly monitoring of conditions in detention centres by prosecutors, but it is concerned that these and other mechanisms are not adequate to prevent instances of torture and cruel, inhuman and degrading treatment of detainees.  The small percentage of cases in which complaints of torture or cruel, inhuman and degrading treatment lead to action against officials calls into question the credibility of the existing procedures of investigation.  The Committee is also concerned that non-compliance by the State party with the requirements of article 9 of the Covenant, and the seemingly widespread reliance of the prosecuting authorities and the courts on confessions by accused persons and accomplices, facilitate acts of torture and cruel, degrading and inhuman treatment by interrogating officials.

Establishment of an independent body to investigate allegations of torture and amendments of the criminal procedure mentioned in paragraph 142 above should not be delayed.

While the Committee welcomes the abolition of the "ideology conversion oath", it regrets that it has been replaced by a "law-abidance oath".  From the information provided to the Committee it remains unclear which prisoners are required to sign the oath and what the consequences and legal effects of the oath are.  The Committee is concerned that the oath requirement is applied on a discriminatory basis, particularly to persons convicted under the National Security Law, and that in effect it requires persons to make an oath to abide by a law that is incompatible with the Covenant.

The "law-abidance oath" imposed on some prisoners as a condition for their release should be abolished.

The Committee regrets that, in view of the paucity of the information provided in the report and in the responses of the delegation during consideration of the report it is unable adequately to assess the extent of judicial independence.  It is particularly concerned about the system of reappointment of judges which raises serious questions about judicial independence.

The State party must provide full details on the system and actual practice of judicial appointments.

The extensive use of wiretapping raises serious questions of compliance by the State party with article 17 of the Covenant.  The Committee is also concerned that there are no adequate remedies by way of correction of inaccurate information in databases or for their misuse or abuse.

The prohibition of all assemblies on major roads in the capital would appear to be overbroad.  While some restrictions on assemblies on main roads in the interests of public order are permissible, article 21 of the Covenant requires that all such restrictions be in conformity with the law and be necessary in a democratic society.  The absolute restrictions on the right to hold assemblies on main roads imposed by the State party do not meet these standards.

The Committee notes the changes in law that allow teachers to form trade unions and public servants to form workplace associations.  Nevertheless, the Committee is concerned that the remaining restrictions on the right to freedom of association of teachers and other public servants do not meet the requirements of article 22, paragraph 2, of the Covenant. 

The State party should continue with its programme of legislation regarding the right of association of public servants with the object of ensuring that all persons in Korea shall enjoy their rights under article 22 of the Covenant. 

The Committee welcomes the withdrawal by the State party of its reservations on articles 23, paragraph 4, and 14 paragraph 7.  It strongly recommends that the State party review the remaining reservations on articles 14, paragraph 5, and 22 with a view to their eventual withdrawal.

In relation to the Committee's Views on Communications submitted under the Optional Protocol, the Committee finds it inappropriate that the State party should require the author of a communication on which the Committee has expressed its views to seek a remedy through the domestic courts, by way of further appeal or a claim for compensation.

Rather than referring such cases back to the domestic courts, which have already pronounced on the matter, the State party should immediately proceed to give effect to the Views expressed by the Committee.

The Committee calls on the State party to continue its efforts to provide human rights education to its public officials.  It recommends that the State party consider making such education obligatory, not only for public officials but for members of all human rights-related professions, including social workers and medical personnel.

The Committee requests that the State party submit its third periodic report by 31 October 2003.  That report should be prepared in accordance with the revised guidelines adopted by the Committee and should give particular attention to the issues raised in these concluding observations.  The Committee requests that these concluding observations and the next periodic report be widely diss