describad
in paragraphs
26 and 21 of the reportr
under what conditions
of
economic crisis
the draft
State of Defence Act would apply and what articles
of the Covenant would be derogated from under that Act; and what proposals for
the internment of persons who were deemed to be liable to commit certain
offences that draft Act contained and what remedies would be available
to
individuals
thereunder.
114. In his reply,
the representative
said that the bills were expected to
The new Defence
Bill reflected
the desire of the
pass by the end of the year.
Finnish authorities
to provide for both defence needs and the protection
of
the fundsmental rights of individuals
and was consistent with the limitations
Several safeguards were expressly provided
in article
4 (2) of the Covenant.
“Economic
for and the supremacy of international
obligations
was guaranteed.
crisis*@ referred to such situations
as the total breakdown of the energy
supply or similar catastrophes which would threaten the existence of society,
and which the authorities
could not cope with under normal powers. A person
the right of appeal would be
could be interned only 8s a last resort,
guaranteed, and the usual rules for compensation would be applicable.
The
assured the Committee
bill not yet having been adopted, the representative
that all of its comments would be taken into account by the Finnish
authorities.
,
f the SQ,QS
115. With regard to that issue , members of the Committee wished to know
whether there were any plans to extend to other aliens the right to
participate
in municipal elections
currently
recognized in the case of
They also wished to receive further
citizens
of other Nordic countries.
information
on the proposal by the Task Force for Penal Code Reform for a new
as mentioned in paragraph 132 of tne
penal provision on discrimination,
report,
and on the law exempting Jehovah’s Witnesses from all national service
and of the reasons for the difference
in treatment between Jehovah’s Witnesses
and other conscientious
objectors.
They also noted that the Status of
Conscientious Objectors Act of 1991 should be consistent with the need for the
length of alternative
service to be proportionate
to that of military
service.
Members wished to know whether the new penal provision would apply
also to banks, which appeared to require job applicants
to produce an
attestation
proving they were not carriers
of the HIV virus.
116, In his reply, the representative
stated that the new penal provision
on
discrimination
was being diSCUsSed as part of the total revision
of the Penal
Code. The new provision
would have a broader application
than the present law
and would deal with discrimination
based on race, national and ethnic origin,
skin colour, language, sex, age, kinship, or state of health in the exercise
of a profession,
the performance of a public function or the organization
of a
public event.
117. Replying to the question
on Jehovah’s Witnesses, the representative
said
that their special status was due to the fact that this community had shown
great coherence in its beliefst
there was no danger that the law would be
abused for the purpose
of evading military
or civilian
service.
Civilian
service was longer than military
service but was less exacting,
There was no
alternative
to imprisonment for conscientious objectors
refusing to perform
any kind of service.
AIDS and HIV infection
could be considered as forming
part of a person’s state of health and, as such, could be mentioned in the new
-29-
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