A/HRC/42/39/Add.1
I. Introduction
1.
At the invitation of the Government, the Working Group on Arbitrary Detention
conducted an official visit to Bhutan from 14 to 24 January 2019. The Working Group was
represented by Seong-Phil Hong (Republic of Korea, Chair-Rapporteur), Leigh Toomey
(Australia, Vice-Chair) and Elina Steinerte (Latvia, Vice-Chair) and accompanied by staff
from the Office of the United Nations High Commissioner for Human Rights. The Working
Group would like to thank the United Nations country team, the Resident Coordinator and
their staff for supporting the visit.
2.
The Working Group expresses its gratitude and appreciation to the Government of
Bhutan for the invitation and for its cooperation throughout the visit. The Working Group
met with the Secretary of the Ministry of Foreign Affairs, the Minister for Home and Cultural
Affairs, a Supreme Court Justice, the Acting Attorney General, the Chief of Police, the
secretariat of the Gross National Happiness Commission, the Chair of the Anti-Corruption
Commission, the Head of Treatment of the Bhutan Narcotics Control Authority, the Acting
Director of the National Commission for Women and Children, the Judge of the Family and
Child Bench of Thimphu, the Deputy Director of the Bhutan National Legal Institute, the
Dean of Jigme Singye Wangchuck School of Law and local authorities in the districts visited.
3.
The Working Group visited over 20 places of deprivation of liberty in Thimphu,
Chukha, Paro, Punakha and Samtse Districts (see appendix I). It was able to confidentially
interview over 150 persons who were deprived of their liberty. The Working Group also
visited the Gangzhay Kepiling Centre in Limukha, a facility run by the Zhung Dratshang
(Central Monastic Body), which provides residence for monks who have retired from active
service. The Working Group appreciated being able to visit the facility and to speak with
both those in charge and the residents, which allowed the Working Group to conclude that it
was not a detention facility.
4.
The Working Group also recognizes the stakeholders within the country who shared
their perspectives on the arbitrary deprivation of liberty, including representatives from civil
society, lawyers and individuals who are currently deprived of their liberty. The Working
Group thanks all of them for the information and assistance provided.
5.
The Working Group shared its preliminary findings with the Government on 24
January 2019. It intends to continue its constructive dialogue with the Government on the
issues discussed in the present report.
II. Overview of the institutional and legal framework
A.
International human rights obligations
6.
Bhutan is party to the Convention on the Elimination of All Forms of Discrimination
against Women, the Convention on the Rights of the Child and the Optional Protocols to the
Convention on the Rights of the Child on the involvement of children in armed conflict and
on the sale of children, child prostitution and child pornography. Bhutan is also a signatory
to the International Convention on the Elimination of All Forms of Racial Discrimination
and the Convention on the Rights of Persons with Disabilities.
7.
The State is not party to the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International
Convention for the Protection of All Persons from Enforced Disappearance or the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families.
8.
Bhutan has had its human rights record examined in three universal periodic reviews:
in 2009, 2014 and 2019.
9.
It is important that the Government carefully reviews its current international human
rights obligations. In particular, the Working Group urges Bhutan to become a State party to
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