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Human Rights Committee Adopts Reports on Follow-Up to Concluding Observations Concerning Bolivia, Iraq, Luxembourg, Togo and Uruguay

Meeting Summaries

The Human Rights Committee today adopted reports on follow-up to concluding observations concerning Bolivia, Iraq, Luxembourg, Togo and Uruguay. 

Yvonne Donders, Committee Expert and the Special Rapporteur on follow-up to concluding observations, said that as the Committee monitored States’ implementation of the Covenant over an eight-year cycle, it was important to continue its monitoring and dialogue during this period.  In the follow-up process, the Committee selected three issues from its concluding observations which States parties were to report on after three years.  Based on the information it received, the Committee assessed the progress made. 

Ms. Donders presented assessments of the responses provided by Bolivia, Iraq, Luxembourg, Togo and Uruguay.  The overall recommended action for all five assessments was to inform the States parties of the discontinuation of the follow-up procedure and asking them to address the information requested by the Committee in their next periodic reports, which were due in 2028 or 2029. 

Concerning Bolivia, she said the Committee welcomed the steps taken to prevent and combat violence against women, including the adoption of an action plan on femicide and gender-based violence, the establishment of shelters, specialised support services and dedicated courts, and ongoing efforts to align domestic criminal legislation with international human rights standards.  Nevertheless, the Committee was concerned that limited resources, uneven geographical coverage of services and shortages of specialised personnel could hamper the effective implementation of these measures. The Committee recommended that Bolivia provide sufficient resources for prevention, protection, punishment and reparation; ensure that measures also protect trans women; facilitate complaints and effective investigations without revictimisation; bring the definitions of rape and statutory rape in line with international standards; and provide appropriate assistance throughout the country.

 

The Committee also welcomed the measures adopted by the State party to prevent, combat and punish trafficking in persons and forced or bonded labour, including the adoption of the plurinational policy against trafficking in persons, smuggling of migrants and related offences (2021–2025).  However, the Committee noted the limited information provided on the investigation and prosecution of trafficking-related offences, the sanctions imposed on perpetrators and the remedies and compensation afforded to victims. The Committee called for stronger prevention, investigations, appropriate punishment and comprehensive reparation.  It also requested training, sufficient institutional resources, better victim identification and protection, adequate shelter coverage, support for families at risk of forced labour, and accelerated adoption of relevant policies.

While noting Bolivia’s ongoing efforts to reform the justice sector, including measures to strengthen transparency, integrity and merit-based appointments, the Committee remained concerned about persistent challenges affecting the independence and effectiveness of the justice system.  Reports of corruption, political interference, judicial delays, insufficient resources and capacity constraints continued to undermine access to justice.  The Committee further noted that, despite increased funding for the Plurinational Public Defence Service, concerns remained regarding staffing levels, caseloads and geographical coverage.  The Committee recommended that Bolivia safeguard judges and prosecutors from interference, pursue inclusive judicial reform, combat corruption, reduce temporary appointments and ensure transparent, independent, merit-based selection and disciplinary processes.  It also requested adequate justice services throughout the country and sufficient resources for public defence.

Turning to Iraq, Ms. Donders said the Committee welcomed the measures to investigate and prosecute crimes committed by Da’esh, including against Yazidi women and girls, to strengthen accountability mechanisms and provide reparation to victims.  However, it was concerned about the termination of the mandate of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da'esh/ISIL; the lack of concrete information on accountability for violations committed during the 2019 and 2020 demonstrations; and that the adoption of legislation on enforced disappearance remained pending and could lack effective mechanisms for documenting disappearances.  The Committee requested timely investigations and prosecutions, including for sexual offences committed by Da’esh against Yazidi women and girls and violations associated with the 2019 and 2020 demonstrations.  It called for proportionate penalties excluding the death penalty, full reparation, adoption of legislation on enforced disappearance and measures to end the practice.

The Committee remained concerned about the compatibility of Iraq’s counter-terrorism framework with international human rights standards; compliance with fair trial guarantees; the continued imposition and enforcement of the death penalty in terrorism-related cases; and the lack of information on measures to discontinue the mandatory application of the death penalty under the counter-terrorism act.  The Committee recommended that Iraq ensure that anti-terrorism legislation and the national counter-terrorism strategy were compatible with international human rights standards, including a more precise definition of terrorism, limits on anonymous statements, full participation of victims and witnesses, and observance of fair trial guarantees.  It also encouraged Iraq to refrain from mandatory death sentences under the counter-terrorism act.

Additionally, the Committee welcomed the measures reported by the State party to prevent torture and ill-treatment, including training for judicial, law enforcement and penitentiary personnel, and the establishment of complaint mechanisms.  However, it noted that the adoption of the anti-torture bill remained pending and regretted the lack of information on the definition of torture in the bill.  It was very concerned regarding continuing allegations of torture and ill-treatment in places of detention and claims regarding the effectiveness of investigations and accountability measures.  The Committee requested that Iraq adopt an anti-torture law with a definition consistent with international standards, and called for prevention, training, independent investigations, prosecution, adequate sanctions and full reparation.  The Committee also required the exclusion of confessions obtained in violation of the Covenant and requested unannounced detention inspections and follow-up to their findings.

Regarding Luxembourg, Ms. Donders said the Committee noted the State party’s commitment to strengthening the protection of non-binary gender identities and to establishing an interministerial working group to review the procedures applicable to sex assignment for intersex persons.  However, it noted the lack of information on tangible steps taken to advance the adoption of legislation for the promotion of the rights of lesbian, gay, bisexual, transgender and intersex persons, and to establish a centralised data-collection system.  The Committee recommended that the State strengthen measures to end irreversible medical interventions on intersex children without free and informed consent, particularly surgery, except where absolutely necessary for medical reasons.  It requested expedited legislation and a centralised statistical system, including information on rehabilitation and compensation.

The Committee regretted the absence of information from the State party on female genital mutilation and noted with concern that no national strategy on the topic had been adopted and that data remained lacking.  The Committee called upon Luxembourg to accelerate the adoption of a national strategy, continue awareness-raising among communities at risk and provide information about assistance and remedies.  It also requested improved data collection to assess the phenomenon, including the number of identified cases, as well as complaints, investigations, prosecutions and convictions, together with assistance, compensation and rehabilitation for victims.

While welcoming the ongoing legal analysis concerning the right of peaceful assembly, the Committee regretted that there continued to be a requirement in the legislation for prior authorisation for public demonstrations, as well as the lack of information on guidance provided to local authorities and police officers on the right of peaceful assembly.  The Committee recommended that Luxembourg take legislative measures to lift the ban on demonstrations not notified in advance and requested clear guidance for local authorities and police on the State’s obligations under the Covenant.

On Togo, the Committee welcomed the measures taken to prevent and combat corruption, including the adoption of a national anti-corruption strategy, training programmes for judicial and law enforcement personnel and awareness-raising activities.  While noting the expansion of the mandate of the High Authority for Transparency, Integrity of Public Life and the Fight against Corruption, it remained concerned that its capacity may not be sufficient to effectively ensure accountability for corruption offences.  The Committee also noted the lack of detailed information on the outcome of corruption investigations and any resulting prosecutions or sanctions.  It recommended that the State party strengthen its anti-corruption authority and adopt a national strategy, provide prosecutors and law enforcement officials with training and sufficient resources, independently investigate corruption and prosecute perpetrators, including senior officials, and continue public training and awareness campaigns.

The Committee welcomed the information on training for police, gendarmerie and criminal investigation officials, as well as awareness-raising activities concerning the absolute prohibition of torture.  It also welcomed the resumption of prison visits by civil society organizations since June 2023.  However, it noted with concern the lack of information provided by the State party on investigations, prosecutions and sanctions in cases of alleged torture and ill-treatment.  The Committee recommended that Togo revise the Criminal Code definition of torture to bring it into full conformity with the Covenant; requested clear instructions on the absolute prohibition of torture, and instructions to prosecutors to investigate and prosecute torture and ill-treatment; and called for the lifting of restrictions on civil society visits to detention facilities.

The Committee welcomed the measures taken to strengthen the independence of the High Audiovisual and Communications Authority, including the greater involvement of media professionals in the appointment of its members, as well as the decriminalisation of certain press offences under the Press and Communications Code.  It remained concerned, however, that certain provisions of the legal framework continued to unduly restrict freedom of expression and that criminal prosecutions had been instigated against journalists critical of the Government.  The Committee recommended that Togo revise restrictive legislation in accordance with the Covenant, refrain from intimidation and prosecution of journalists and human rights defenders under vaguely defined offences, investigate violations against them and provide redress, and guarantee the independence of the High Audiovisual and Communications Authority.

Speaking on Uruguay, the Committee welcomed the measures taken to prevent and combat violence against women and girls, including increased funding for the response system of the National Institute for Women, the expansion of support services and specialised judicial mechanisms, and training and awareness-raising activities.  However, it also noted reports of shortcomings in the implementation of protection measures, insufficient gender-sensitive training for actors in the justice sector, practices that may contribute to the revictimisation of victims, and the persistence of stereotypes.  The Committee was very concerned about the continued reliance on a violence-based definition of sexual offences and harsher penalties for false reporting that may discourage victims from reporting violence.  It recommended that Uruguay provide sufficient resources throughout the country, appropriate gender- and human rights-sensitive training for relevant officials, and take measures to encourage complaints, ensure effective investigations, prosecute perpetrators and provide full reparation.

The Committee welcomed Uruguay’s increased use of non-custodial measures and the programme-based proposal for 2025–2030 prioritising alternatives to imprisonment and noted the efforts to improve detention infrastructure.  However, the Committee remained concerned about information indicating regarding deaths in custody, prison overcrowding and poor detention conditions, continued use of mandatory pretrial detention, including for adolescents, and lack of separation of pretrial detainees from convicted persons.  It recommended that Uruguay separate pretrial detainees from convicted persons, investigate all deaths in custody and punish intentional killings, reduce overcrowding and pretrial detention, and prioritise alternatives to imprisonment.

Measures taken by the State party to strengthen the public defence service, including consultations with public defenders and specialised training, were welcomed by the Committee, but concerns persisted about reports of insufficient human and financial resources, and the lack of progress in ensuring the institutional independence of the public defence service from the judiciary.  The Committee was also concerned about reports of limited accountability in cases of alleged police abuse and of deaths resulting from police operations.  It recommended that Uruguay ensure the hierarchical and financial independence of public defence from the judiciary and provide adequate resources for timely services throughout the country, and requested thorough, prompt investigations of police abuse and punishment of those responsible.

In closing remarks, Ms. Donders said she hoped the evaluation would encourage States parties to step up their efforts regarding human rights.  It was hoped this procedure would not remain a paper exercise but would make a difference in the lives of human rights defenders.  Concluding, she thanked all persons who had facilitated the follow-up process.

The Human Rights Committee’s one hundred and forty-sixth session is being held from 19 October to 6 November 2026.  All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage.  Meeting summary releases can be found here.  The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.

The Committee will next meet in public at 3 p.m. on Friday, 6 November for a joint celebration with the Committee on Economic, Social and Cultural Rights, commemorating the sixtieth anniversaries of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and to close its one hundred and forty-second session.

 

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not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.

 

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