Human Rights Committee

70th session (Geneva, 16 October to 3 November 2000)

During this session the Committee gave consideration to the second report of Gabon, the third report of Argentina, the third and fourth reports of Trinidad and Tobago, and the fourth reports of Peru and Denmark.

1. Reports by States

Argentina

The State party’s report focuses on its activities on indigenous matters and its contributions to the draft Inter-American Declaration on Indigenous Peoples. Other indigenous initiatives were explained orally. The delegation also gave explanations on the derogation of amnesty laws, which allow for the trial of former military personnel involved in human rights violations. The Committee welcomed these initiatives together with those made in relation to torture and disappearances.

The Committee expressed concern about the continuing uncertainty regarding the Covenant’s status within Argentinean domestic law. The Federal system gives responsibility to the provinces in critical areas such as the administration of justice, which creates an additional problem for the implementation of the Covenant. While pleased by the positive developments in overcoming the injustices committed during the military regime, the Committee remained concerned that those who had been accused of human rights violations still serve in the military. Some have even enjoyed promotion. Their removal from office and prosecution are essential. Concern was expressed at the widespread use of unnecessary pre-trial detention and the overcrowding and poor quality of basic necessities in prisons. The Committee felt that there is inaccuracy in the present report on the issues of torture and excessive use of force by law enforcement officials. The remaining areas of concern were: the continuing attacks against human rights defenders, judges and members of the media; the treatment of women; and the preferential treatment afforded to the Catholic Church.

Denmark

The Committee commended Denmark for maintaining a high level of respect for human rights generally. It was, however, disappointed at Denmark’s failure to withdraw its reservations to the Covenant and its failure to incorporate the Covenant into domestic law. The Committee’s principal concerns and recommendations surrounded the practice of solitary confinement, and issues of equality and non-discrimination on the basis of sex, ethnicity and religious belief. The Committee also noted that, under Danish immigration legislation, DNA testing may be required in the establishment of family ties for reunification purposes and the granting of a residence permit. Denmark was requested to ensure such testing was used appropriately and only when necessary.

Gabon

The most contentious issue the Committee raised was the prevalence of polygamy. The State party’s report portrays it as a social institution based on cultural considerations. Legislation requires that women obey their husbands because this obedience is as an affirmation of the latter’s position as head of the family, not a form of slavery or a way of excluding women from the family decision-making process. The Committee also expressed disquiet about the lack of rights afforded to women in ownership and inheritance.

The Committee expressed concern at the lack of factual information concerning the reality of human rights in Gabon. The Committee also commented on the evasive nature of the delegation's responses. The State party’s failure to amend domestic legislation was considered an indirect violation of its obligations under the Convention.

Another area of concern was pre-trial detention and custody. The Committee commented on the lack of segregation of the various types of prisoners and detainees in some rural areas. They recommended the immediate abolition of imprisonment for unpaid civil debts. The Committee also underlined the necessity to abolish the death penalty and the need for effective measures to guarantee the rights of persons belonging to all minorities.

Peru

Consideration of the Peruvian report occurred at a time of political crisis for the country. The recently elected president, Mr Alberto Fuijimori, was accused of fraud and other irregularities in his efforts to maintain power. A few days after the examination of this report, the President was removed after his resignation was rejected.

The Committee was informed that the system of "faceless judges" intended to prosecute persons involved in terrorism had been removed. Terrorism itself has diminished drastically, and the state of emergency has been lifted in some areas. The Committee welcomed these achievements. The Committee also welcomed the announcement of Presidential elections in 2001, hoping that they would be in compliance with international standards.

The Committee regretted that many of the recommendations made in relation to the previous periodic report had not been followed up. The Committee remained concerned about the unclear status of the Covenant in Peru. The prolonged reorganisation of the judicial power was another major issue. Other concerns included: detention in cases of terrorism and drug dealing; espionage; prison conditions; allegations of threats and harassment against journalists; general constraints on freedom of expression; state intimidation of opposition members; and forced sterilisation of women in rural areas.

Trinidad and Tobago

The primary focus of the discussion was the death penalty. The Committee was informed of the recent re-categorisation of murder into three separate offences; only some of which are punishable by death. The Committee recommended the immediate abolition of flogging and whipping. Mandatory flogging can be inflicted upon any male above the age of 16 convicted of the offences of robbery or aggravated rape. While noting initiatives to reduce prison population, the results were considered to be still incompatible with Article 10. The Standard Minimum Rules for the Treatment of Prisoners should be given priority. The Committee expressed concern about the conduct of police officers, including excessive use of force and the vague formulation of the Police Act enabling officers to arrest persons without a warrant in many circumstances. The Committee recommended that the processing of police complaints be accelerated. A thorough review of domestic law is still needed. Concern was also expressed at the lack of remedies for victims of discrimination on the grounds of age, sexual orientation, pregnancy or infection by HIV/AIDS.

2. Other issues

General comments

During the 68th session, the Committee adopted General Comment No. 28. on Article 3 of the Covenant which replaced General Comment No. 4, adopted in 1981. According to the updated Comment, the State party not only has a responsibility to respect the equal rights of all human beings, but also to ensure that these rights are provided for in their totality. State parties must take all necessary steps to enable every person to enjoy those rights. Responsibility therefore shifts from State protection to State empowerment. Echoing the Convention on the elimination of Discrimination against Women, the General Comment reminds State parties that they should ensure that traditional, historical, religious or cultural attitudes are not used to justify violations of women’s rights to equality before the law and to equal enjoyment of all Covenant rights. States have a responsibility not only to report on the attitudes that jeopardise women’s equality, but also on measures taken to overcome these societal factors. Such information will enable the Committee to ascertain what a government is doing to change the human rights situation of women. The importance of States’ reports on factors such as states of emergence, internal conflicts and their effects, as well as actions taken to improve the lot of women embroiled in such situations, was also underlined.
The Committee also completed its first reading, during its 68th session, of the draft General Comment on Article 4 of the Covenant, which addresses the scope of limitations to human rights during a state of emergency or martial law. During the 69th session of the Committee a brief public meeting was also held to discuss this General Comment.

World Conference against Racism

During the three sessions held during 2000, the Committee gave consideration to its contribution to the World Conference against Racism. Due to time constraints, the Committee was unable to prepare a document for the first Preparatory Committee meeting in May. Mr Solari Yrigoyen of Argentina represented the Committee at the aforesaid meeting. By the 70thsession however, the Committee adopted a text of this preliminary contribution to the second Preparatory Committee. In this document, the Committee shares the concern of the international community that racism continues to be a scourge on humanity and a threat to peace and security in the world. The Committee decided that they would undertake the preparation of a General Comment dealing with the application of the International Covenant on Civil and Political Rights. In preparation for this, a compilation of the Committee’s materials reflecting some of its past decisions concerning racism and related issues was compiled. This compilation includes extracts of concluding observations on such issues that were presented to States parties after having considered their reports. It also includes summaries of the Committee’s views in two communications submitted under the Optional Protocol to the Covenant and General Comments that addressed questions relating to racism.

Informal meeting

During the 70th session, the Human Rights Committee held an informal meeting with States parties to the Covenant to improve the country reporting process and avoid duplication of the work of the six human rights treaty bodies. Representatives from the following States parties participated: Algeria, Argentina, Australia, Canada, Chile, Egypt, Finland, France, Germany, India, Italy, New Zealand, United Kingdom and United States of America. Among the points raised, it was felt by many that the creation of sub-committees and working groups to examine the situation of duplication was a further workload and financial burden to the UN system. Regarding communications, individual complaints had been received from at least 65 of the 95 States parties to the Optional Protocol to the Covenant. From the periodic reports from the remaining 30 States, it was evident that the Optional Protocol had not been made known to citizens so that they could use it in the event of violations of their rights under the Covenant. The need for adequate personnel to process communications and correspondence from individuals seeking individual redress was also noted.

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