UN Human Rights Committee Publishes Findings On Croatia, Honduras, India, Maldives, Malta, Suriname, And Syria

GENEVA (25 July 2024) - The UN Human Rights Committee today issued its findings on Croatia, Honduras, India, Maldives, Malta, Suriname, and the Syrian Arab Republic after examining the seven States parties in its latest session.

The findings contain the Committee’s main concerns and recommendations on the implementation of the International Covenant on Civil and Political Rights, as well as positive aspects. Highlights include:

Croatia

The Committee underlined its concern about the prevalence of hate speech and historical revisionism relating to war crimes, including by politicians and high-level officials. The Committee was additionally concerned that criminal hate speech and hate-motivated violence are mainly prosecuted as misdemeanours and, therefore, inadequately punished. It asked Croatia to strengthen its efforts to combat hate speech and hate-motivated violence against minorities, particularly against members of the Roma and Serb minorities, non-citizens and LGBT people. It also recommended that Croatia provide special training to law enforcement officials, prosecutors and judges on the identification and prosecution of criminal hate speech, historical revisionism and other forms of hate crimes.

While welcoming Croatia’s temporary protection to people fleeing the conflict in Ukraine, the Committee was, however, concerned by reports of the denial of access to the territory and asylum procedures for people entering irregularly from Bosnia and Herzegovina and Serbia, including pushbacks and ill-treatment of migrants and asylum-seekers by border guards. It called on Croatia to ensure effective access to a fair and efficient asylum procedure for everyone in need of international protection. It also asked Croatia to ensure that all relevant officials, including border control personnel, receive adequate training on international standards, including on the principle of non-refoulement and the human rights of migrants, and that all allegations of pushbacks and ill-treatment at borders are promptly, thoroughly and independently investigated.

Honduras

While acknowledging Honduras’ numerous operations to combat crime and homicide, the Committee remained concerned that both rates are still extremely high in the country. The Committee also expressed concern over endemic violence, including extrajudicial executions and enforced disappearances, the high rate of impunity, and the lack of control over the use and possession of firearms. It urged Honduras to investigate all these violations and accelerate the process of strengthening the National Police in order to facilitate the law enforcement functions currently assumed by the armed forces.

The Committee reiterated its concern about the large scale of intimidation and violence and the high rates of killings of human rights defenders committed by both State agents and private individuals or groups. The Committee was also disturbed by the difficulties faced by victims in accessing justice, the lack of effective investigations, and the delays in judicial proceedings. It called on Honduras to adopt effective measures to protect human rights defenders, particularly environmental and land rights defenders, journalists, trade unionists, agrarian and peasant activists, indigenous peoples, Afro-descendants, and LGBTI people. The State party should also promptly and thoroughly investigate these human rights violations, bring those responsible to justice, and provide full reparations to victims.

India

While appreciating the measures adopted by the State party to address discrimination, the Committee was concerned about discrimination and violence against minority groups, including religious minorities, such as Muslims, Christians, and Sikhs, “scheduled castes” and “scheduled tribes”, and LGBTI people. It called upon India to adopt comprehensive legislation prohibiting discrimination, raise awareness among the general public, and provide training to civil servants, law enforcement officers, the judiciary and community leaders to promote respect for diversity.

The Committee was concerned that some provisions of the Armed Forces (Special Powers) Acts and counter-terrorism legislation are not in compliance with the Covenant. The Committee also voiced its concern over the application of counter-terrorism legislation for decades in “disturbed areas”, such as districts in Manipur, Jammu and Kashmir and Assam, has led to widespread and grave human rights violations, including excessive use of force leading to unlawful killings, prolonged arbitrary detention, sexual violence, forced displacement and torture. It urged India to comply with its obligations under the Covenant and to ensure that counter-terrorism and other security measures in disturbed areas are temporary, proportionate, strictly necessary and subject to judicial review. It also asked India to establish a mechanism to initiate a process to acknowledge responsibility and ascertain the truth regarding human rights violations in disturbed areas.

Maldives

Regarding the existing Religious Unity Act, which prohibits building worship places and possessing advertising materials for religions other than Islam, the Committee highlighted that these restrictions have a significant impact on migrant workers’ enjoyment of rights. The Committee was further concerned about the use of the Religious Unity Act to target human rights defenders for their promotion of the right to freedom of religion. It asked Maldives to guarantee everyone’s right to have a religion of their choice and to amend its legislation to ensure that non-Muslims, whether Maldivian citizens or foreigners, can practice and manifest their religion, including in places of public worship.

While welcoming the reinstatement of Maldives’ National Steering Committee on Human Trafficking and the adoption of the Anti-Human Trafficking Act, the Committee remained, however, concerned about the prevalence of human trafficking and the low rates of investigations, prosecutions and trials. The Committee also noted with concern that sexual trafficking victims are being investigated for sexual-related offenses. It recommended that Maldives further strengthen its efforts to combat trafficking in persons and forced labour and protect trafficking victims. The Committee also asked the State party to improve its data collection system to evaluate the scope of trafficking and forced labour and to assess the effectiveness of adopted measures.

Malta

The Committee expressed deep concern about numerous reports of potential violations of the right to life and non-refoulement of migrants, asylum seekers, and refugees. These included uninvestigated shipwrecks and failure or delays in responding to distress signals from within the Search and Rescue Zone. In particular, the Committee underscored its concern over the Memorandum of Understanding with Libya and the reports that NGOs conducting search and rescue operations faced sanctions and vessel confiscations. The Committee called on Malta to respect and protect the lives of those in distress at sea, and ensure prompt rescue and safe disembarkation. It also asked the State party to review the MOU with Libya to safeguard human rights and guarantee access to justice for individuals and NGOs conducting search and rescue operations while ensuring that all vessel confiscations are subject to prior judicial authorisation.

The Committee voiced its concerns about the continued criminalisation of abortions that could cause substantial physical or psychological suffering, including those resulting from rape or incest. The Committee also highlighted the lack of information on publicly funded services, such as psychological care and pre- and post-abortion health services, as well as the insufficient guarantees for NGOs providing abortion-related services. Additionally, there was concern about the accessibility of legal aid and fair trial guarantees for women facing abortion-related criminal charges. The Committee recommended that Malta ensure abortion regulations do not force women and girls to undergo unsafe abortions, guarantee safe and confidential access to abortion in cases of substantial suffering, and ensure equal access to publicly funded health and social services.

Suriname

The Committee welcomed the Constitutional Court’s recent annulment of the Amnesty Act of 1989 and its 2012 amending Act, and the High Court of Justice’s recent confirmation of convictions against perpetrators of the ‘December 1982 murders’, and steps taken to address impunity for perpetrators of the Moiwana Village massacre. It was, nonetheless, concerned that judicial and law enforcement authorities have not been able to enforce the sentences imposed on two of the perpetrators of the ‘December 1982 murders’ who have absconded, including former President Desiré Bouterse. The Committee was further concerned that other grave human rights violations that occurred during the de facto military regime (1980-1991) continue to go unpunished. It called upon Suriname to ensure accountability for all serious human rights violations that occurred during this period and ensure the enforcement of all sentences imposed in the context of the ‘December 1982 murders’ trial.

The Committee was particularly concerned about the long delay in finalising and adopting the draft Indigenous and Tribal Peoples’ Collective Rights Act and reports indicating that the State party is selling or leasing public lands to private actors before the Act is adopted. It asked Suriname to expedite the adoption of the draft law and recommended that no State-held land which is claimed by Indigenous and tribal peoples be sold or leased to private actors until the collective land rights of Indigenous and tribal peoples have been recognised in the above-mentioned draft law. The Committee called on Suriname to consult meaningfully with Indigenous and tribal peoples on projects or measures that may affect their lands, territories and resources, and adopt a comprehensive legislative framework for obtaining their consent.

Syrian Arab Republic

While recognising the presence of foreign armed forces and non-State armed groups that lead to grave and severe human rights abuses, the Committee was deeply concerned by the continued arbitrary deprivation of life in the context of armed conflict and about reports of alleged systemic human rights violations, such as torture, secret detentions, sexual violence and enforced disappearances, including in the areas where the State party exercises effective control. It urged the State party to intensify its efforts to protect the right to life, and to give effect to the rights to truth, justice and full reparation of victims of the armed conflict. The Committee specifically asked Syria to conduct prompt, thorough, and independent investigations into all alleged human rights violations against civilians committed during the ongoing armed conflict, bring perpetrators to justice, and provide full reparation to victims or family members.

The Committee was deeply concerned by the pattern and numerous reports of enforced disappearances since the start of the armed conflict, the majority of which are allegedly attributable to government forces, and that there are no official registers of disappeared people or judicial procedures to address such a violation. It urged Syria to take urgent measures to address and prevent enforced disappearances, particularly to revise its legal framework to ensure that all forms of enforced disappearance are clearly defined in criminal law. The Committee also called on Syria to combat impunity and ensure that all perpetrators, if found guilty, are punished according to the gravity of the offences.

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