Distr.

GENERAL

CCPR/C/79/Add.118
27 March 2000

ENGLISH
Original: FRENCH
Concluding observations on the second periodic report of the Congo : Congo. 03/27/2000.
CCPR/C/79/Add.118. (Concluding Observations/Comments)

Convention Abbreviation: CCPR
HUMAN RIGHTS COMMITTEE
Sixty-eighth session


CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 40 OF THE COVENANT


Concluding observations of the Human Rights Committee


Republic of the Congo

1. The Committee considered the second periodic report of the Republic of the Congo (CCPR/C/63/Add.5) at its 1813th and 1814th meetings (CCPR/C/SR.1813 and 1814), held on 13 and 14 March 2000, and adopted the following concluding observations at its 1823rd and 1824th meetings (CCPR/C/SR.1823 and 1824), held on 21 and 22 March 2000.


Introduction

2. The Committee welcomed with interest the submission of the second periodic report of the Republic of the Congo and the supplementary written information provided on the period since the submission of that report. It also noted the delegation’s commitment to submit additional information on, inter alia, the implementation of the Covenant by the Congolese courts.

3. The Committee expresses its satisfaction at the efforts made by the delegation to provide answers to the questions asked. It regrets, however, that the report was submitted six years late and more as a matter of form, in that it is limited to a description of legal measures and does not refer to any implementation in practice. The Committee regrets that the precise information which it had requested was not fully provided.

4. The Committee notes that the delegation itself acknowledged that, during the civil wars that have raged in the Congo since 1993-1994, serious human rights violations occurred and that peace and reconciliation are now fundamental priorities.

5. The Committee notes the statements on creating conditions conducive to respect for human rights and the functioning of Congolese institutions according to the rule of law. It notes that a constitutional referendum is scheduled for 2000 and presidential elections for 2001.

6. The Committee takes note of the information provided by the delegation on the establishment of a National Human Rights Commission by the end of 2000 and on the organization of a human rights education and awareness campaign.


Main positive aspects

7. The Committee expresses its satisfaction at the return home of more than half the displaced population and hopes that this process, having begun, will be completed as soon as possible. It also welcomes the return of refugees, and the return to their villages of persons who had taken refuge in the forests.


Principal subjects of concern and recommendations


8. The Committee is gravely concerned at the information provided on summary and extrajudicial executions, disappearances and arbitrary arrests and detentions carried out in the past seven years not only by the armed forces but also by the militias and other paramilitary groups, as well as by foreign soldiers, in violation of articles 6, 7 and 9 of the Covenant.


9. The Committee regrets that the precise information which it had requested on the status of women was not fully provided.


10. The Committee is also gravely concerned at the rape of women and the perpetration of other forms of violence against them by armed men, and is disturbed at the extent and persistence of these crimes, in violation of the obligations imposed under articles 3, 7 and 9 of the Covenant.


11. The Committee is concerned at the persistence of polygamy, in violation of articles 3 and 26 of the Covenant.


12. The Committee observes that the political desire for an amnesty for the crimes committed during the periods of civil war may also lead to a form of impunity that would be incompatible with the Covenant. It considers that the texts which grant amnesty to persons who have committed serious crimes make it impossible to ensure respect for the obligations undertaken by the Republic of the Congo under the Covenant, especially under article 2, paragraph 3, which requires that any person whose rights or freedoms recognized by the Covenant are violated shall have an effective remedy. The Committee reiterates the view, expressed in its General Comment 20, that amnesty laws are generally incompatible with the duty of States parties to investigate such acts, to guarantee freedom for such acts within their jurisdiction and to ensure that they do not occur in the future.


13. The Committee is concerned at the use of torture and cruel, inhuman or degrading treatment and at the failure to criminalize torture as such in internal law in such a way that it is no longer possible to treat cases of torture as simple cases of voluntary infliction of blows and wounds.


14. The Committee expresses its concern at the attacks on the independence of the judiciary, in violation of article 14, paragraph 1, of the Covenant. It draws attention to the fact that such independence is limited owing to the lack of any independent mechanism responsible for the recruitment and discipline of judges, and to the many pressures and influences, including those of the executive branch, to which judges are subjected.


15. The Committee notes the precarious conditions of prisoners who are not being held in the central prison of Brazzaville, which are incompatible with article 10 of the Covenant.


16. The Committee regrets that the Republic of Congo has maintained its reservation to article 11 of the Covenant.


17. The Committee is concerned at the violations of secrecy of correspondence in the Republic of the Congo and at the repercussions of such violations.


18. The Committee is deeply concerned at the tendency of political groups and associations to resort to violent means of expression and to set up paramilitary structures that encourage ethnic hatred and incite discrimination and hostility.


19. The Committee is concerned at the increase in the number of at-risk children due, inter alia, to civil wars. It is deeply concerned in particular at the enlistment of children in armed groups and militias.


20. The Committee notes with concern that the Congolese people have been unable, owing to the postponement of general elections, to exercise their right to self-determination in accordance with article 1 of the Covenant and that Congolese citizens have been deprived of the opportunity to take part in the conduct of public affairs in accordance with article 25 of the Covenant.


21. The Committee regrets the lack of specific information on the different ethnic groups in the Congo, particularly the Pygmies, and on measures taken to guarantee, simultaneously, the full and equal enjoyment of their civil and political rights and respect for their rights under article 27, to enjoy their own cultural traditions.


22. In submitting its third periodic report, which is expected by 31 March 2002, the State party must take into account the consolidated guidelines for State reports (CCPR/C/66/GUI). It must ensure that its third periodic report and the present observations are broadly disseminated. In that report, it must, inter alia, provide information on the said observations and on the follow-up actions taken in that regard.


1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland