Human Rights Committee

69th session (Geneva, 10 to 28 July 2000)

During this session, the Committee studied the initial reports of Kyrgyzstan and Kuwait, the third and fourth reports of Australia, and the second report of Ireland.

Reports by States

Australia

Experts expressed concern at the delay in the submission of the report. The Committee noted the advances made by the State party (principally its accession to the Optional Protocol in 1991), the enactment of anti-discrimination legislation in all jurisdictions and the establishment of the Aboriginal and Torres Strait Islanders Commissioner in 1993. The primary issue discussed by the Committee was the over-representation of the indigenous community in the criminal justice system and the high proportion of indigenous deaths in custody, especially in Western Australia and the Northern Territory. The Committee was also concerned that indigenous inhabitants should have a stronger role in the decision-making over their traditional lands and natural resources. The Committee said that, in the absence of a Constitutional Bill of Rights or provision giving effect to the Covenant, lacunae existed within the Australian legal system regarding the protection of the rights guaranteed by the Covenant. Regarding immigration and refugees policies, the Committee urged a reconsideration of the policy of mandatory detention of "unlawful citizens" and the institution of alternative mechanisms to maintain an orderly immigration process. The Committee also encouraged the State Party to continue to take measures to "heal the wounds" created by the forceful removal of indigenous children from their families.

Ireland

While welcoming the progress made by the State party in the implementation of human rights provisions into domestic legislation, the Committee expressed concern that all the provisions of the Convention are still not enshrined in national law. The Committee noted the continued inequalities faced by women in Ireland and urged the State party to intensity its efforts to ensure gender equality. The Committee’s disquiet regarding the independence of the Garda Complaints Board resulted in the recommendation that an independent police Ombudsman be established to ensure an independent and public investigation process. The Committee also recommended the continuation of efforts to improve prison overcrowding, the revision of the current legislation on abortion and requested that the State party ensure that any changes in legislation concerning asylum-seekers would honour Convention provisions.

Kuwait

The Committee noted that the Kuwaiti government is in a transitory period on its way to democracy. Whilst noting the current moratorium on death penalty, the Committee requested that those still on death row have their sentences commuted. The Committee also criticised the lack of independence of the judiciary, noting allegations of bribery and corruption. It expressed its disapproval of the fact that the Law on Public Emergency does not specifically restrict the power of derogation from specific Covenant provisions.

Freedom of expression was another key area of concern. The intimidation and harassment of journalists and human rights activists, and the use of libel suits against those critical of the Government continue. Such individuals need protection, release and compensation, as applicable. In addition, the responsibilities of the National Communications Agency need to be defined by law. The Agency’s discretionary power to deny licences to broadcasters needs to be subject to judicial appeal. Other concerns included allegations of torture by law enforcement officials and equality between men and women.

Kyrgyzstan

The Committee acknowledged the difficult state of transition the State Party is experiencing and welcomed, in light of this, efforts to amend legislation to bring it in line with the Covenant. The Committee also noted positively the establishment of a Commission on Human Rights as well as the Parliamentary Committee on Human Rights, and the steps taken to establish an independent Commissioner of Human Rights. The Committee expressed grave concern, however, at serious violations of human rights in a number of areas of the Covenant. The Committee noted with concern instances of torture and inhumane treatment carried out by law enforcement officers; the number of persons sentenced to death, despite a moratorium on the death penalty; the detention of persons on the grounds of mental health and the lack of possibility to challenge such sentences; occurrences of violence against women and increases in the phenomenon of trafficking; and the lack of full independence of the judiciary. Furthermore, the Committee noted the continued practice of child labour, allegations of mistreatment of children in some educational institutions, and occurrences of intimidation and harassment of journalists and human rights activists. The Committee recommended that these practices be addressed though changes to relevant legislation; dissemination of the Covenant and systematic training of persons involved in the administration of justice; the abolishment of practices contrary to provisions outlined in the Covenant; and by the provision of special protection measures for women and children.

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