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03 November 2000
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Human Rights Committee
70th session
3 November 2000
Roundup
Committee Issues Observations and Recommendations on Reports of
Trinidad and Tobago, Denmark, Peru, Argentina and Gabon
The Human Rights Committee concluded its seventieth session this morning by issuing final observations and recommendations on reports submitted to it by Trinidad and Tobago, Denmark, Peru, Argentina and Gabon.
The five countries submitted their reports and sent Government delegations to appear before the Committee to answer questions relating to their obligations as States parties to the International Covenant on Civil and Political Rights. The Committee, as a monitoring body, periodically examines reports submitted to it by States parties on their promotion and protection of civil and political rights. One hundred and forty-five countries have ratified the Covenant.
Following its consideration of the report of Trinidad and Tobago, the Committee welcomed the setting up of a Human Rights Unit and commended improvements to the remedies provided in cases of domestic violence, together with specialized personnel now available to assist victims, including the Domestic Violence Unit set up by the Ministry of Culture and Gender Affairs. However, it was disturbed to learn that, while prohibiting corporal punishment for persons under 18 years of age, the State Party was still practising the punishments of flogging and whipping which were cruel and inhuman punishments, and recommended that sentences of flogging and whipping be immediately abolished.
With regard to Denmark, the Committee commended the State party for maintaining a high level of respect for human rights generally and its obligations under the Covenant; it welcomed Denmark's efforts to educate its population, and train the police in human rights; and it noted the high level of respect for gender equality in Denmark, and the measures taken to achieve full equality. Among its recommendations, the Committee said Denmark should continue to consider withdrawal of some or all of the reservations entered at its ratification of the Covenant; that it reconsider the practice of solitary confinement so as to ensure that it was imposed only in cases of urgent need.
As regards Peru, the Committee welcomed the announcement by the Government that presidential elections had been scheduled in April 2001 and hoped that the elections would be held in a climate of transparency and freedom, in accordance with international standards. The Committee noted with satisfaction the abolition of faceless judges, and the transfer of jurisdiction over acts of terrorism from military to ordinary criminal justice. It recommended that the State Party put in place an effective mechanism to review all sentences handed down by the military courts for crimes of terrorism and treason against the fatherland; and to reconsider the practice of solitary confinement which affected the physical and mental health of persons deprived of freedom, and which amounted to a cruel, inhuman and degrading treatment.
On the report of Argentina, the Committee welcomed with satisfaction the measures adopted with the view to promote national reconciliation after years of military government during which a number of fundamental human rights were violated; in that connection, the Committee particularly appreciated the effort deployed to compensate the victims of arbitrary detention as well as families of the deceased or disappeared under the military regime. The Committee said it was concerned at the continued attacks against human-rights defenders, judges and representatives of non-governmental organizations (NGOs), among others. It recommended that the law on abortion be amended in a manner to authorize abortion in all cases of pregnancy following a rape.
And concerning Gabon, the Committee recommended, among other things, that the country review its legislation and its practice to guarantee that women had the same rights, including the right to property and inheritance; concrete measures be taken to strengthen the participation of women in political, economic, and social sectors of the nation, and to ensure that no discrimination based on customary laws was practised against women as regards marriage, divorce and inheritance; and that polygamy should be definitively be abolished.
During its three-week session, the Committee also considered complaints from individuals submitted to it under the first Optional Protocol to the Covenant. The Protocol, for States which have ratified it, allows review of complaints alleging violations of the terms of the Covenant. Ninety-five States have ratified the Protocol. Committee discussion of individual complaints is carried out in private sessions. The Committee's conclusions on cases considered during the session will be released at a later date.
The next session of the Committee is scheduled to take place from 19 March to 6 April 2001 in New York. The Committee is expected to discuss reports submitted by Croatia, the Dominican Republic, Syria, Venezuela, Yugoslavia and Uzbekistan.
Conclusions and Recommendations of the Committee on Country Reports
Following the consideration of in the report of Trinidad and Tobago, the Committee welcomed the setting up of a Human Rights Unit and commended improvements to the remedies provided in cases of domestic violence, together with specialized personnel now available to assist victims, including the Domestic Violence Unit set up by the Ministry of Culture and Gender Affairs. The Committee took note with satisfaction of the institution of the independent Police Complaints Authority and looked forward to rapid proclamation of the act extending its powers.
The Committee concerned at the lack of remedies under domestic legislation, including the Constitution, for victims of discrimination.
It was disturbed to learn that, apart from prohibiting corporal punishment for persons under 18 years of age, the State Party was still practising the punishments of flogging and whipping which were cruel and inhuman punishments. It regretted that problems relating to the police force, identified over the last decade, had still not been rectified. It was concerned that there was little reduction in the numbers of complaints of harassment and battery submitted in 1999 and 2000. It further expressed concern over prison conditions; and it was also concerned that the existing laws on defamation could be used to restrict criticism of Government or public officials.
The Committee recommended, among other things, that in relation to all persons accused of capital offences the State Party should ensure that every requirement of article 6 of the Covenant was strictly complied with; in the absence of reclassification of murder being brought into effect for persons thereafter tried and convicted, those already convicted of murder should be entitled to similar reclassification in accordance with article 15.1 of the Covenant; that remedies were available for the full range of discriminatory situations be ensured; that amending legislation be introduced to extend the provisions of the Equal Opportunities Act 2000 to those suffering discrimination on grounds of age, sexual orientation, pregnancy or infection with HIV/AIDS; that the adequacy of judicial remedy should be kept under review and legislation passed if necessary; that sentences of flogging or whipping should immediately be abolished; and that the Complaints Division should improve the contents of its reports and accelerate its reporting process so as to enable the Police Complaints Authority thoroughly to fulfil its statutory functions, and so that violations might be properly investigated.
Regarding Denmark, the Committee commended the State party for maintaining a high level of respect for human rights generally and its obligations under the Covenant; it welcomed Denmark's efforts to educate its population, and in particular to train the police in human rights; and it noted the high level of respect for gender equality in Denmark, and the measures taken to achieve full equality in areas where it remained deficient.
The Committee noted that Denmark had set up a body to consider the incorporation into domestic law of several human rights treaties, including the Covenant. It continued to be disappointed that Denmark had not decided to withdraw any of the reservations entered at its ratification of the Covenant. The Committee was concerned that it had not received further information on the implementation of the Covenant in the Faeroe Islands; about the extended use of solitary confinement for persons incarcerated following conviction, and especially for those detained prior to trial and conviction; about the possibility for persons whose rights under the Covenant were violated to have an effective remedy in all cases; and about discrimination against ethnic minorities.
Among its recommendations, the Committee said Denmark should continue to consider withdrawal of some or all of the reservations entered at its ratification of the Covenant; that it reconsider the practice of solitary confinement so as to assure that it was imposed only in cases of urgent need; that it should ensure that in order to secure the victim's right to a remedy the Covenant might be invoked before Danish authorities and courts. Denmark should ensure equality of treatment for ethnic minorities; and that DNA testing, which was used by immigration authorities, was used only when necessary and appropriate to the determination of the family tie on which a residence permit was based.
With regard to the report of Peru, the Committee welcomed the announcement by the Government that presidential elections had been scheduled in April 2001 and hoped that the elections would be held in a climate of transparency and freedom, in accordance with international standards. The Committee noted with satisfaction the abolition of faceless judges, and the transfer of military jurisdiction of the acts of terrorism to ordinary criminal justice and the lifting of states of emergency in some areas of the national territory. It also considered as a positive aspect Peru's qualification of torture as a crime and the setting up of mechanisms for the protection of women.
The Committee regretted that its recommendations pertaining to the law of amnesty of 1995 had not been implemented and it reiterated its views that the law hampered the process of investigation and had allowed the impunity of perpetrators of past crimes. The Committee said it was deeply concerned by the recent report which indicated that the Government was in favour of a new law on amnesty as a pre-condition to the holding of elections. It was concerned by the existence of an executive commission of the judiciary endowed with large powers, which allowed the interference of the executive power and the obstruction of the independence of the judiciary as well as the state of law. It was also concerned about prison conditions in the Lurigancho, Lima and other high security prisons of Yanamayo and Challapalca; about the persisting practice of solitary confinement for a period of one year.
The Committee recommended, among other things, that Peru reconsider and abrogate its amnesty law, which would contribute to the creation of a climate of impunity; and to abstain from adopting a new law of amnesty. The Committee recommended that the necessary measures be taken to guarantee the rights enshrined in the Covenant; Peru take the necessary measures to settle the situation of temporary judges and guarantee stability to the judiciary function; that the three judges of the constitutional court, dismissed by the Congress in 1997, should be reintegrated; that a mechanism be established to guarantee the independence and impartiality of judges and to exclude any possible interference in the functions of the judiciary. Peru should put in place an effective mechanism to review all sentences handed down by the military courts for crimes of terrorism and treason against the fatherland; take measures to improve prison conditions; reconsider the practice of solitary confinement which affected the physical and mental health of persons deprived of freedom, and which constituted a cruel, inhuman and degrading treatment.
The Committee recommended that Peru take necessary measures in order to bring to an end the direct and indirect restrictions against the right to freedom of expression; that acts of intimidation against parliamentarians be stopped; that the law on abortion be reviewed with the aim of establishing exceptions to the prohibition of abortion and the sanctions attached to it; and that Peru take measures against involuntary sterilization and inform the persons about the to surgical contraceptives and to abstain their full consent on the issue.
With regard to Argentina, the Committee noted that in order to evaluate the progress made in the country concerning the implementation of the Covenant under the federal system, further information was needed from the provinces where there were different legal provisions; it welcomed with satisfaction the measures adopted with the view to promote national reconciliation after years of military government during which a number of fundamental human rights were violated. In that connection, the Committee particularly appreciated efforts to compensate the victims of arbitrary detention as well as families of the deceased or disappeared under the military regime. It also welcomed the setting up of a mechanism to establish the identities of children separated by force from their parents. It noted with satisfaction the recent legislative reform designed to promote the independence of the judiciary, particularly the system put in place for the selection of judges; and it further noted with satisfaction the progress made in the protection of indigenous populations.
However, the Committee reiterated its concern about the impunity of authors of serious human rights violations under the military regime. It reiterated its deep concern about the lack of full guarantees to the principle of presumption of innocence. It was concerned about the duration of pre-trial detention which was in relation to the probable length of sentence and not with the necessity to judge the detainee; about prison conditions prevailing in the country; about allegations of excessive use of force by the police. The Committee said it was concerned at the continued attacks against human-rights defenders, judges and representatives of non-governmental organizations (NGOs), among others; and that medical practitioners were dissuaded to practice abortion without judicial authorization even if there was a risk for the health of the mother or in the event of pregnancy after rape of a mentally handicapped woman.
Among other things, the Committee recommended that grave human rights violations of civil and political rights during the military government should be investigated and perpetrators brought before courts as long as it was necessary and retroactively; that measures be taken to ensure that persons who took part in grave violations of human rights would not hold positions in the army or in public administration; that Argentina should reform all its pre-trial detention system in accordance with the provisions of the Covenant and in conformity with the principle of presumption of innocence; that it include in its next report the number of complaints received of ill-treatment or torture attributed to prison guards and members of the police; that the law on abortion be amended so as to authorize abortion in all cases of pregnancy following a rape; and that the attacks against human rights defenders and against persons who demonstrated peacefully be investigated rapidly and the authors of the attacks be brought to justice.
And concerning the report of Gabon, the Committee said it welcomed Gabon's evolution towards a multi-party democratic system following its constitutional review of 1994 and 1997; it noted with satisfaction that the provisions of the Covenant could be used in Court; It welcomed the fact that an individual could directly lodge complaints to the Constitutional Court and it noted that the police was no more part of the military and was now under the Ministry of the interior.
The Committee said that its concerns expressed in the previous concluding observations on the report of Gabon in 1996, concerning the provisions of non-discrimination under articles 2,3 and 26 of the Covenant were not fully taken into consideration by the Constitution. It deplored that the practice of polygamy persisted in Gabon, which was incompatible with the principle of equality between men and women; that many of the legislative provisions in Gabon were not compatible with the Covenant, particularly article 252 of the civil code which provided for the obedience of a wife to her husband. It reiterated its concern about the practice of imprisonment for unpaid debt, which conflicted with article 11 of the Covenant; it was concerned at the State party=s denial of the existence of minorities in the country at the exploration of foreign children.
The Committee recommended, among other things, that Gabon review its legislation and its practices to guarantee that women had the same rights, including the right to property and inheritance; concrete measures be taken to strengthen the participation of women in the political, economic, and social sectors of the nation, and to ensure that no discrimination based on customary laws was practised against women concerning marriage, divorce and inheritance; that polygamy should be definitively abolished; that the Court for State Security, which was still in place but was not functioning, should be abolished; that Gabon take all the necessary measures to accede to the Second Optional Protocol to the Covenant with the aim of abolishing capital punishment. Gabon should take steps in order that no pre-trial detention exceeded 48 hours and that detained persons had access to lawyers. Further should measures be taken so that prison conditions were in conformity with article 10 of the Covenant; that imprisonment for inability to fulfil a contractual obligation be abolished; that exit visas for foreign workers be suppressed; and that effective measures be taken to guarantee the right of persons belonging to all minorities.
Membership of Committee
The Committee's 18 expert members, who serve in their individual capacity, are elected by the State parties to the Covenant for four-year terms. Article 28 of the Covenant requires that "they shall be persons of high moral character and recognized competence in the field of human rights."
Members of the Committee are Abdelfattah Amor (Tunisia); Nisuke Ando (Japan); Prafullachandra Natwarlal Bhagwati (India); Christine Chanet (France); Lord Colville (United Kingdom); Elizabeth Evatt (Australia); Pilar Gaitan de Pombo (Colombia); Louis Henkin (United States); Eckart Klein (Germany); David Kretzmer (Israel); Rajsoomer Lallah (Mauritius); Cecilia Medina Quiroga (Chile); Fausto Pocar (Italy); Hipolito Solari Yrigoyen (Argentine); Martin Scheinin (Finland); Roman Wieruszewski (Poland); Maxwell Yalden (Canada); and Abdallah Zakhia (Lebanon).
Ms. Medina Quiroga is Chairperson of the session while Ms. Evatt, Mr. Bhagwati and Mr. Amor are Vice-Chairpersons. Lord Colville is Rapporteur.
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70th session
3 November 2000
Roundup
Committee Issues Observations and Recommendations on Reports of
Trinidad and Tobago, Denmark, Peru, Argentina and Gabon
The Human Rights Committee concluded its seventieth session this morning by issuing final observations and recommendations on reports submitted to it by Trinidad and Tobago, Denmark, Peru, Argentina and Gabon.
The five countries submitted their reports and sent Government delegations to appear before the Committee to answer questions relating to their obligations as States parties to the International Covenant on Civil and Political Rights. The Committee, as a monitoring body, periodically examines reports submitted to it by States parties on their promotion and protection of civil and political rights. One hundred and forty-five countries have ratified the Covenant.
Following its consideration of the report of Trinidad and Tobago, the Committee welcomed the setting up of a Human Rights Unit and commended improvements to the remedies provided in cases of domestic violence, together with specialized personnel now available to assist victims, including the Domestic Violence Unit set up by the Ministry of Culture and Gender Affairs. However, it was disturbed to learn that, while prohibiting corporal punishment for persons under 18 years of age, the State Party was still practising the punishments of flogging and whipping which were cruel and inhuman punishments, and recommended that sentences of flogging and whipping be immediately abolished.
With regard to Denmark, the Committee commended the State party for maintaining a high level of respect for human rights generally and its obligations under the Covenant; it welcomed Denmark's efforts to educate its population, and train the police in human rights; and it noted the high level of respect for gender equality in Denmark, and the measures taken to achieve full equality. Among its recommendations, the Committee said Denmark should continue to consider withdrawal of some or all of the reservations entered at its ratification of the Covenant; that it reconsider the practice of solitary confinement so as to ensure that it was imposed only in cases of urgent need.
As regards Peru, the Committee welcomed the announcement by the Government that presidential elections had been scheduled in April 2001 and hoped that the elections would be held in a climate of transparency and freedom, in accordance with international standards. The Committee noted with satisfaction the abolition of faceless judges, and the transfer of jurisdiction over acts of terrorism from military to ordinary criminal justice. It recommended that the State Party put in place an effective mechanism to review all sentences handed down by the military courts for crimes of terrorism and treason against the fatherland; and to reconsider the practice of solitary confinement which affected the physical and mental health of persons deprived of freedom, and which amounted to a cruel, inhuman and degrading treatment.
On the report of Argentina, the Committee welcomed with satisfaction the measures adopted with the view to promote national reconciliation after years of military government during which a number of fundamental human rights were violated; in that connection, the Committee particularly appreciated the effort deployed to compensate the victims of arbitrary detention as well as families of the deceased or disappeared under the military regime. The Committee said it was concerned at the continued attacks against human-rights defenders, judges and representatives of non-governmental organizations (NGOs), among others. It recommended that the law on abortion be amended in a manner to authorize abortion in all cases of pregnancy following a rape.
And concerning Gabon, the Committee recommended, among other things, that the country review its legislation and its practice to guarantee that women had the same rights, including the right to property and inheritance; concrete measures be taken to strengthen the participation of women in political, economic, and social sectors of the nation, and to ensure that no discrimination based on customary laws was practised against women as regards marriage, divorce and inheritance; and that polygamy should be definitively be abolished.
During its three-week session, the Committee also considered complaints from individuals submitted to it under the first Optional Protocol to the Covenant. The Protocol, for States which have ratified it, allows review of complaints alleging violations of the terms of the Covenant. Ninety-five States have ratified the Protocol. Committee discussion of individual complaints is carried out in private sessions. The Committee's conclusions on cases considered during the session will be released at a later date.
The next session of the Committee is scheduled to take place from 19 March to 6 April 2001 in New York. The Committee is expected to discuss reports submitted by Croatia, the Dominican Republic, Syria, Venezuela, Yugoslavia and Uzbekistan.
Conclusions and Recommendations of the Committee on Country Reports
Following the consideration of in the report of Trinidad and Tobago, the Committee welcomed the setting up of a Human Rights Unit and commended improvements to the remedies provided in cases of domestic violence, together with specialized personnel now available to assist victims, including the Domestic Violence Unit set up by the Ministry of Culture and Gender Affairs. The Committee took note with satisfaction of the institution of the independent Police Complaints Authority and looked forward to rapid proclamation of the act extending its powers.
The Committee concerned at the lack of remedies under domestic legislation, including the Constitution, for victims of discrimination.
It was disturbed to learn that, apart from prohibiting corporal punishment for persons under 18 years of age, the State Party was still practising the punishments of flogging and whipping which were cruel and inhuman punishments. It regretted that problems relating to the police force, identified over the last decade, had still not been rectified. It was concerned that there was little reduction in the numbers of complaints of harassment and battery submitted in 1999 and 2000. It further expressed concern over prison conditions; and it was also concerned that the existing laws on defamation could be used to restrict criticism of Government or public officials.
The Committee recommended, among other things, that in relation to all persons accused of capital offences the State Party should ensure that every requirement of article 6 of the Covenant was strictly complied with; in the absence of reclassification of murder being brought into effect for persons thereafter tried and convicted, those already convicted of murder should be entitled to similar reclassification in accordance with article 15.1 of the Covenant; that remedies were available for the full range of discriminatory situations be ensured; that amending legislation be introduced to extend the provisions of the Equal Opportunities Act 2000 to those suffering discrimination on grounds of age, sexual orientation, pregnancy or infection with HIV/AIDS; that the adequacy of judicial remedy should be kept under review and legislation passed if necessary; that sentences of flogging or whipping should immediately be abolished; and that the Complaints Division should improve the contents of its reports and accelerate its reporting process so as to enable the Police Complaints Authority thoroughly to fulfil its statutory functions, and so that violations might be properly investigated.
Regarding Denmark, the Committee commended the State party for maintaining a high level of respect for human rights generally and its obligations under the Covenant; it welcomed Denmark's efforts to educate its population, and in particular to train the police in human rights; and it noted the high level of respect for gender equality in Denmark, and the measures taken to achieve full equality in areas where it remained deficient.
The Committee noted that Denmark had set up a body to consider the incorporation into domestic law of several human rights treaties, including the Covenant. It continued to be disappointed that Denmark had not decided to withdraw any of the reservations entered at its ratification of the Covenant. The Committee was concerned that it had not received further information on the implementation of the Covenant in the Faeroe Islands; about the extended use of solitary confinement for persons incarcerated following conviction, and especially for those detained prior to trial and conviction; about the possibility for persons whose rights under the Covenant were violated to have an effective remedy in all cases; and about discrimination against ethnic minorities.
Among its recommendations, the Committee said Denmark should continue to consider withdrawal of some or all of the reservations entered at its ratification of the Covenant; that it reconsider the practice of solitary confinement so as to assure that it was imposed only in cases of urgent need; that it should ensure that in order to secure the victim's right to a remedy the Covenant might be invoked before Danish authorities and courts. Denmark should ensure equality of treatment for ethnic minorities; and that DNA testing, which was used by immigration authorities, was used only when necessary and appropriate to the determination of the family tie on which a residence permit was based.
With regard to the report of Peru, the Committee welcomed the announcement by the Government that presidential elections had been scheduled in April 2001 and hoped that the elections would be held in a climate of transparency and freedom, in accordance with international standards. The Committee noted with satisfaction the abolition of faceless judges, and the transfer of military jurisdiction of the acts of terrorism to ordinary criminal justice and the lifting of states of emergency in some areas of the national territory. It also considered as a positive aspect Peru's qualification of torture as a crime and the setting up of mechanisms for the protection of women.
The Committee regretted that its recommendations pertaining to the law of amnesty of 1995 had not been implemented and it reiterated its views that the law hampered the process of investigation and had allowed the impunity of perpetrators of past crimes. The Committee said it was deeply concerned by the recent report which indicated that the Government was in favour of a new law on amnesty as a pre-condition to the holding of elections. It was concerned by the existence of an executive commission of the judiciary endowed with large powers, which allowed the interference of the executive power and the obstruction of the independence of the judiciary as well as the state of law. It was also concerned about prison conditions in the Lurigancho, Lima and other high security prisons of Yanamayo and Challapalca; about the persisting practice of solitary confinement for a period of one year.
The Committee recommended, among other things, that Peru reconsider and abrogate its amnesty law, which would contribute to the creation of a climate of impunity; and to abstain from adopting a new law of amnesty. The Committee recommended that the necessary measures be taken to guarantee the rights enshrined in the Covenant; Peru take the necessary measures to settle the situation of temporary judges and guarantee stability to the judiciary function; that the three judges of the constitutional court, dismissed by the Congress in 1997, should be reintegrated; that a mechanism be established to guarantee the independence and impartiality of judges and to exclude any possible interference in the functions of the judiciary. Peru should put in place an effective mechanism to review all sentences handed down by the military courts for crimes of terrorism and treason against the fatherland; take measures to improve prison conditions; reconsider the practice of solitary confinement which affected the physical and mental health of persons deprived of freedom, and which constituted a cruel, inhuman and degrading treatment.
The Committee recommended that Peru take necessary measures in order to bring to an end the direct and indirect restrictions against the right to freedom of expression; that acts of intimidation against parliamentarians be stopped; that the law on abortion be reviewed with the aim of establishing exceptions to the prohibition of abortion and the sanctions attached to it; and that Peru take measures against involuntary sterilization and inform the persons about the to surgical contraceptives and to abstain their full consent on the issue.
With regard to Argentina, the Committee noted that in order to evaluate the progress made in the country concerning the implementation of the Covenant under the federal system, further information was needed from the provinces where there were different legal provisions; it welcomed with satisfaction the measures adopted with the view to promote national reconciliation after years of military government during which a number of fundamental human rights were violated. In that connection, the Committee particularly appreciated efforts to compensate the victims of arbitrary detention as well as families of the deceased or disappeared under the military regime. It also welcomed the setting up of a mechanism to establish the identities of children separated by force from their parents. It noted with satisfaction the recent legislative reform designed to promote the independence of the judiciary, particularly the system put in place for the selection of judges; and it further noted with satisfaction the progress made in the protection of indigenous populations.
However, the Committee reiterated its concern about the impunity of authors of serious human rights violations under the military regime. It reiterated its deep concern about the lack of full guarantees to the principle of presumption of innocence. It was concerned about the duration of pre-trial detention which was in relation to the probable length of sentence and not with the necessity to judge the detainee; about prison conditions prevailing in the country; about allegations of excessive use of force by the police. The Committee said it was concerned at the continued attacks against human-rights defenders, judges and representatives of non-governmental organizations (NGOs), among others; and that medical practitioners were dissuaded to practice abortion without judicial authorization even if there was a risk for the health of the mother or in the event of pregnancy after rape of a mentally handicapped woman.
Among other things, the Committee recommended that grave human rights violations of civil and political rights during the military government should be investigated and perpetrators brought before courts as long as it was necessary and retroactively; that measures be taken to ensure that persons who took part in grave violations of human rights would not hold positions in the army or in public administration; that Argentina should reform all its pre-trial detention system in accordance with the provisions of the Covenant and in conformity with the principle of presumption of innocence; that it include in its next report the number of complaints received of ill-treatment or torture attributed to prison guards and members of the police; that the law on abortion be amended so as to authorize abortion in all cases of pregnancy following a rape; and that the attacks against human rights defenders and against persons who demonstrated peacefully be investigated rapidly and the authors of the attacks be brought to justice.
And concerning the report of Gabon, the Committee said it welcomed Gabon's evolution towards a multi-party democratic system following its constitutional review of 1994 and 1997; it noted with satisfaction that the provisions of the Covenant could be used in Court; It welcomed the fact that an individual could directly lodge complaints to the Constitutional Court and it noted that the police was no more part of the military and was now under the Ministry of the interior.
The Committee said that its concerns expressed in the previous concluding observations on the report of Gabon in 1996, concerning the provisions of non-discrimination under articles 2,3 and 26 of the Covenant were not fully taken into consideration by the Constitution. It deplored that the practice of polygamy persisted in Gabon, which was incompatible with the principle of equality between men and women; that many of the legislative provisions in Gabon were not compatible with the Covenant, particularly article 252 of the civil code which provided for the obedience of a wife to her husband. It reiterated its concern about the practice of imprisonment for unpaid debt, which conflicted with article 11 of the Covenant; it was concerned at the State party=s denial of the existence of minorities in the country at the exploration of foreign children.
The Committee recommended, among other things, that Gabon review its legislation and its practices to guarantee that women had the same rights, including the right to property and inheritance; concrete measures be taken to strengthen the participation of women in the political, economic, and social sectors of the nation, and to ensure that no discrimination based on customary laws was practised against women concerning marriage, divorce and inheritance; that polygamy should be definitively abolished; that the Court for State Security, which was still in place but was not functioning, should be abolished; that Gabon take all the necessary measures to accede to the Second Optional Protocol to the Covenant with the aim of abolishing capital punishment. Gabon should take steps in order that no pre-trial detention exceeded 48 hours and that detained persons had access to lawyers. Further should measures be taken so that prison conditions were in conformity with article 10 of the Covenant; that imprisonment for inability to fulfil a contractual obligation be abolished; that exit visas for foreign workers be suppressed; and that effective measures be taken to guarantee the right of persons belonging to all minorities.
Membership of Committee
The Committee's 18 expert members, who serve in their individual capacity, are elected by the State parties to the Covenant for four-year terms. Article 28 of the Covenant requires that "they shall be persons of high moral character and recognized competence in the field of human rights."
Members of the Committee are Abdelfattah Amor (Tunisia); Nisuke Ando (Japan); Prafullachandra Natwarlal Bhagwati (India); Christine Chanet (France); Lord Colville (United Kingdom); Elizabeth Evatt (Australia); Pilar Gaitan de Pombo (Colombia); Louis Henkin (United States); Eckart Klein (Germany); David Kretzmer (Israel); Rajsoomer Lallah (Mauritius); Cecilia Medina Quiroga (Chile); Fausto Pocar (Italy); Hipolito Solari Yrigoyen (Argentine); Martin Scheinin (Finland); Roman Wieruszewski (Poland); Maxwell Yalden (Canada); and Abdallah Zakhia (Lebanon).
Ms. Medina Quiroga is Chairperson of the session while Ms. Evatt, Mr. Bhagwati and Mr. Amor are Vice-Chairpersons. Lord Colville is Rapporteur.
* *** *