Human Rights Committee

68th session (New York, 13 to 31 March 2000)

During this session, the Human Rights Committee studied the second report of the Democratic Republic of the Congo, the fourth and fifth reports of the United Kingdom (the dependencies of Guernsey, Jersey and the Isle of Man), the fourth report of Mongolia and the second report of Guyana. General Comment No. 28, which updates and replaces General Comment No. 4 on gender equality, was also adopted.

Reports by States

Democratic Republic of the Congo

The Committee noted that the report was drawn up before the turmoil of civil war hit the country in 1997 and therefore cannot elucidate the present situation. The Committee mentioned the Constitutional changes guaranteeing the rights contained in certain international human rights instruments, the creation of a National Human Rights Commission, the moves to bring about democratic elections, the large percentage of displaced persons returning and the establishment of a National Forum of Reconciliation.

Many concerns remained. Discrimination against women, especially rape during the civil war, and the practice of polygamy, were primary concerns. Allegations of summary and extrajudicial executions, and disappearances were also mentioned. The Committee expressed concern over the question of impunity within the official post-conflict policy of amnesty. It was further identified that the law has often been applied arbitrarily, with amnesty granted for crimes committed as "part of the war, "while the ordinary penal code is applied to those crimes "carried out for individual purposes". The Committee also noted the lack of attention paid to the right to self-determination, despite its inclusion in Congolese law. Other areas of concern related to: freedom of expression, prison conditions, and discrimination affecting ethnic groups and minorities (especially the Pygmies).

Guyana

The Committee expressed dissatisfaction with the State party as it did not properly address the list of issues it had drawn up previously. It welcomed the enactment of the Domestic Violence Act in 1996 and its subsequent extension to children. The Committee noted, however, that these laws are seldom applied.

The Committee also expressed concern that the current national Constitution does not integrate all the rights incorporated in the Covenant, and therefore those rights can not be enforced. Experts questioned in particular the mechanisms for enforcement and remedies in the case of human rights violations. Allegations of extrajudicial killings by police and wide scale brutality persist. The Committee also questioned the independence of the Police Complaints Authority because of the prevalence of part-time and temporary judges. Furthermore, the Committee expressed concern about poor prison conditions. The Committee also questioned whether the arrest of suspects was in accordance with Article 9 of the Covenant.

Women’s rights were another major area of concern, notably in relation to marriage, divorce and inheritance. The Committee expressed concern about the death penalty, freedom of expression and the lack of equality before the law for minorities, particularly Amerindians.

Mongolia

While noting the law on Freedom of the Press and initiatives made regarding freedom of association, the Committee expressed many concerns. The status of the Covenant within domestic law remained unclear. Prison conditions, and the independence and impartiality of the judiciary were also chief concerns. The Committee expressed concern with regard to all aspects of pre-trial detention. Furthermore, the lack of specific information provided on freedom of religion and on compensation for victims of human rights violations was discussed. The principal area of concern for the Committee was discrimination against women as women are very poorly represented in the political and business spheres. The Committee also noted the high rate of maternal mortality. Regarding sexual abuse against women, the Committee expressed concern about organised prostitution and trafficking. Experts disapproved of certain laws regarding rape, for example, marital rape is not considered an offence, and the victim must prove the occurrence of violence to obtain a rape conviction.

United Kingdom (Dependent Territories)

The Committee heard about the initiatives undertaken to incorporate the European Convention on Human Rights into domestic law (Human Rights Act). The Committee welcomed steps taken to combat discrimination on the bases of sex and race, and those to eliminate differences in the rights of children born out of wedlock.

Among its concerns, the Committee identified the need to incorporate human rights into general education and into the training of those involved in the administration of justice. Guernsey and the Isle of Man were asked to consider establishing independent bodies mandated to review administrative decisions. The Committee requested that all three dependencies ensure that anti-terrorism laws comply with Article 9 of the Covenant. The removal and prohibition of discrimination because of sexual orientation was recommended, as was the completion of legislation outlawing racial discrimination. The Committee also recommended that the Isle of Man repeal blasphemy, as a misdemeanour of its Criminal Code, to protect sexual minorities.

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