Centre for Civil and Political Rights
Latest assessment on the implementation of HR Committee recommendations

Adopted during the October 2016 session (118t


Second round assessments:
Macao, China  


This newsletter presents the latest assessment adopted by the Human Rights Committee on follow-up to Concluding Observations. The actions of 6 countries were assessed and graded during the October 2016 session (118th). The report can be accessed here.  
Croatia, Cyprus, Haiti and Mozambique were up for their first round of assessment. All of their actions were considered partially (B) or not satisfactory (C), except for 2 issues that Mozambique did not reply to (D). The Rapporteur adapted Haiti's proposed ratings in light of the civil society's reports showing the impact of the work of the NGOs.
Angola and Macao, China were up for the second round of evaluation. Angola's assessment is encouraging: it is the only country who maintained an A for adopting a decree on free birth registration. On the opposite, Macao (China) is the only one who scored an E, for having rejected the recommendation issued by the Committee on introducing universal and equal suffrage.  

For a comprehensive overview of the current follow-up status of countries recently reviewed by the Committee, see here. For the  Summary record of the 3328th meeting, see here.

The Centre would like to thank Làzarie Eeckeloo, student at the Geneva Academy of International Humanitarian Law and Human Rights, for the research on this follow-up report.

Admissible First round assessments
The Committee requests more information on the measures taken to prosecute war crimes and crimes against humanity in a non-discriminatory manner, and clarification on statistical data (C1). An Act was adopted on the Rights of Victims of Sexual Violence, but more information is needed on the insurance of adequate reparation (B2).
More information is also needed on the measures taken to facilitate the resettlement and return of refugees, returnees and IDPs (B2), and on housing care and the closure of facilities (B1).  More information is needed on whether defamation is decriminalized, on the term "public interest" (B2), and on the measures taken to investigate attacks on the media (C2). 

The Committee regrets the State's failure to allow the Ombudsman to appoint its own staff and the lack of information on the measures to deal with the lack of financial and human resources (B2).
The Committee requests information on measures taken to support the Committee on Missing Persons, to investigate all cases of missing persons effectively, transparently, independently and impartially, to ensure that families obtain appropriate redress, and to prosecute and punish the perpetrators (C1).
More information is also needed regarding the adoption of temporary special measures to integrate Turkish Cypriots in the civil service (C1) and the establishment of a Turkish school in Limassol (C2). 

The Committee requests specific information on efforts to bring to justice all those responsible for serious violations committed during the Duvalier presidency and to give victims fair and equitable reparation, on the ongoing reform of the legal system and on the measures taken to implement the recommendations of the National Commission on Truth and Justice (C1).
The Committee also requests updated statistics on the complaints against members of law enforcement, detailed information on the trainings, the investigations into police misconduct (B2), the measures taken to protect human rights defenders and journalists and measures taken to investigate all attacks on their life and dignity (C1).
More information is also required regarding the presidential and legislative elections, the measures taken to address violence and electoral irregularities, and on the plans to establish a Permanent Electoral Council (B2). 

The Committee requests further information on the content and implementation of any new protections related to arbitrary arrests and detentions (B2), and information on the content of trainings to police and prison staff, as well as educational programs in detention facilities. Access to legal assistance remains an issue and investigations have to be carried out on arbitrary arrest or detention (C1).
Mozambique ratified OPCAT and designated the NHRC as an NPM, but more information is required regarding its visits to places of detention (B1). New legislation was adopted but information is needed on its content, the level of overcrowding, the plans for constructing new prison facilities (B2), investigations of cases of death in custody (B2), individuals detained beyond their sentence (C1) and the separation of juveniles and adults (D).
The Committee requests information on the reform of the judicial system and the measures taken to increase the number of judicial personnel (C1). A new decree was adopted to simplify the procedure through which court fees are calculated, but more information is needed regarding its content and the provision of legal assistance (C1). The Committee regrets that no information was provided on Community Courts (D).

Admissible Second round assessments
The Committee requests additional information on the progress and status of the Ombudsman (B2). It also requests updated information about the national strategy on gender-based violence, more specifically on legislative measures (B1), statistical information (B2), measures of protection and prevention (C1), and on awareness-raising campaigns (C1). However, new decrees on free birth registration have entered into force (A), but more information is needed on awareness-raising campaigns after 27 March 2013 and when new registration services were established (B1). 

Macao, China mauritania
The Committee regrets that Macao, China has not taken action to introduce universal and equal suffrage or to withdraw the reservation to art. 25 (b) ICCPR (E). Macao, China has made an Arrangement for the Surrender of Fugitive Offenders, but its content has to be clarified. More information is also required on the status of the draft law on Inter-regional Assistance in Criminal Matters (B2). The state has provided information on the protection of rights of migrant workers, but more information and statistics are needed on the measures taken to improve access to affordable legal assistance, and on the investigations of such cases (B2).