Reports of three European countries considered in Geneva.

Reports of three European countries considered in Geneva 

Reports on the human rights situations in Luxembourg, Sweden and Finland were examined by the Human Rights Committee during its three-week session in Geneva (21 October-8 November).

The Committee also considered communications from individuals claiming to be victims of violations of human rights by a State party to the Optional Protocol to the International Covenant on Civil and Political Rights. Such cases are heard in closed session.

The Committee also discussed draft general comments on the position of aliens under the International Covenant on Civil and Political Rights, indicating that reports of States parties often fail to take into account that the Covenant is generally applicable to aliens as well as to citizens of each State. The general comments reflect the Committee's understanding and interpretation of various provisions of the Covenant, and identify matters on which the Committee would like more information.

Established in 1976, after the Covenant entered into force, the body monitors compliance of States with the instrument. The Committee consists of 18 experts described as having "high moral character and recognized competence in the field of human rights", who serve in their personal capacities.

The 53-article Covenant, adopted by the General Assembly in 1966, provides for protection of the civil and political rights of every individual, without discrimination as to race, sex, language or religion;

Reports discussed: In considering Luxembourg's report, particular interest was expressed by Committee members in problems linked to the presence of migrant workers. A query was made on Luxembourg's views on the right to self-determination, particularly with regard to Namibia. The need to observe article 20 on prohibition of war propaganda was stressed. Further questions related to arbitrary interference with privacy, freedom of thought, conscience and religion, torture and inhuman treatment.

Luxembourg responded that its support for the right to self-determination was reflected by its voting record in the General Assembly on decolonization and Namibia. Also, aliens were granted the same rights, with a few exceptions, as citizens. Luxembourg had been one of the first countries to sign the Convention against Torture and it was in the process of ratification.

Luxembourg had legislation which guaranteed the right to privacy. Freedom of religion was absolute, including the right not to have any religion. Religious societies were independent and the Government had no authority in appointing clergymen. As for foreigners, who made up more than 25 per cent of the population, they were encouraged to take an active part in social life.

Sweden, in response to questions, said its Constitution provided for protection of privacy. Decisions on telephone tapping could be taken only by special permission of the courts. According ots Adoption Law, adopted children, whether foreign or native, enjoyed the same rights.

Sweden told questioners that 95 per cent of its population belonged to a church, though only 5 per cent were active participants in religious services. There was no religious instruction in the schools, although religion was studied. Religious instruction could be had in parishes, whenever the parent so wished.

Also, the Freedom of the Press Act regulated principles on which the media operated; there was no censorship. There had been no cases of arrest and detention for expression of political views or prosecutions for statements against nuclear weapons. Cases involving expulsion of aliens were very rare in Sweden. Aliens seeking political asylum in Sweden were not refused permission to remain in the country. Racist or neo-fascist organizations or activities were not specifically banned under the penal code, but at present, there were no such organizations in the country.

Regarding Finald's report, Committee members wanted information on the autonomy of the Aland Islands. Finland said that that autonomy was far-reaching, and that the islands had their own parliament, administrative system, authorities, flag and status.

As for equality of the sexes, the number of women participating in public bodies was increasing. About one fourth of the membership of Parliament were women. There were no restrictions on the rule of equal access to army, police or prison institution posts. Though there was equality of salaries and wages between men and women in the public sector, equality was not yet ensured throughout the economy. Finland realized that problem and was trying to overcome it.

As for the agreement between Finland and the Soviet Union on preventing border incidents and its impact on freedom of movement, Finland said that nothing in that agreement contracdicted the International Covenant. In cases of unintentional border crossings, the persons concerned were returned to the contracting party. When an intentional crossing occurred, the case was settled through diplomatic channels. In cases where asylum was implied, Covenant provisions were applied.

Individual complaints: The Committee, after reviewing a complaint by Lucia Arzuaga Gilboa against the Government of Uruguay (Communication No. 147/1983), decided that the State party was obligated to take measures to remedy the treaty violations alleged by Ms. Arzuaga Gilboa of article 7 on torture and article 10 on deprivation of liberty. It stipulated that compensation should be granted.

Ms. Arzuaga Gilboa had been arrested in Montevideo on 15 June 1983 and kept incommunicado at an unknown place of detention until 30 June that year. During that period, she reported she was a victim of torture. On 30 June, after she reappeared at the police headquarters in Montevideo, she was charged with "subversive association" and taken to the Punta de Rieles prison. She was released on 2 September 1984.

Uruguay provided the Committee with lists indicating the names of persons released from prison since August 1984 until 1 March 1985. It noted that, pursuant to an amnesty law enacted by the new Government on 8 March 1985, all political prisoners had been released and all forms of political banishment lifted. The committee expressed satisfaction at the measures taken by the State party towards observance of the Covenant.