A/HRC/42/39
55.
With regard to the scope of its follow-up visits, the Working Group wishes to clarify
that while follow-up visits primarily focus on the implementation of previous
recommendations, there is nothing in the terms of reference for visits by independent
experts appointed by the Human Rights Council or in the Working Group’s methods of
work that prevents it from examining other issues which have arisen since the original visit.
To hold otherwise would prevent the Working Group from addressing issues that are
current and pertinent to the country and would therefore significantly reduce the
effectiveness of the visit.
56.
The Working Group wishes to highlight its report following its 2013 visit, in which
it concluded that “the concerns expressed about the prolonged periods of administrative
detention of asylum seekers and immigrants in an irregular situation deserved to be
addressed as a matter of priority”.6 The Working Group thus considers that the proposed
visit to the two “transit zones” is a follow-up to the recommendations concerning the
administrative detention of migrants issued in 2013. The fact that these facilities did not
exist in 2013 should not be a reason not to visit them.
57.
The Working Group appreciates ongoing engagement with the Government of
Hungary and the various opportunities to clarify its mandate and methods of work. The
Working Group regrets that despite its repeated efforts, the Government has not invited it to
resume the visit.
58.
The Working Group recalls Human Rights Council resolution 33/30 in which the
Council called upon all States to cooperate with the Working Group fully and specifically
encouraged States to extend invitations to the Working Group to visit. The Working Group
also recalls that Hungary has maintained a standing invitation to the special procedures
since March 2001. The Working Group therefore respectfully urges the Council to
encourage the Government of Hungary to continue to engage fully with the Working
Group, including by issuing an invitation to conduct a thorough visit in accordance with the
terms of reference for visits by independent experts appointed by the Council.
III. Thematic issues
A.
Deprivation of liberty in the context of conscientious objection to
military service
59.
Over the past 27 years, the Working Group has developed a considerable body of
legal analysis relating to the freedom of conscience. The Working Group continues to
receive communications that raise issues relating to the freedom of conscience, particularly
the right to conscientious objection to military service. During the reporting period, the
Working Group adopted opinions in which it upheld the right to conscientious objection to
military service,7 drawing upon its jurisprudence and country visit reports as well as the
approach taken by the Human Rights Committee and other human rights mechanisms.
60.
In its opinion 40/2018,8 the Working Group set out the key principles that it applies
in its consideration of cases involving conscientious objection to military service as
follows:
(a)
While the International Covenant on Civil and Political Rights does not
explicitly refer to a right to conscientious objection, such a right derives from the freedom
of thought, conscience and religion protected under article 18, and under article 18 of the
Universal Declaration of Human Rights. 9 The obligation of an individual to use lethal force
6
7
8
9
26
A/HRC/27/48/Add.4, para. 124.
See opinions No. 69/2018 and No. 40/2018.
See the Government’s follow-up information, available at: www.ohchr.org/Documents/Issues/
Detention/Opinions/ ROK-Reply_to_letter_WGAD_2019-02-25_10-50-23.pdf.
See opinions No. 43/2017, No. 16/2008, No. 8/2008 and No. 24/2003; A/HRC/16/47/Add.3, para. 68;
and A/HRC/10/21/Add.3, para. 66. See also Human Rights Council resolutions 20/2, 24/17 and 36/18
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