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17 October 2000
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Human Rights Committee
70th session
17 October 2000
Afternoon
The Human Rights Committee this afternoon concluded its review of the third and fourth periodic reports of Trinidad and Tobago, stressing the need to derogate domestic laws which were incompatible with international treaties, including the International Covenant on Civil and Political Rights.
Following the responses provided by the delegation of Trinidad and Tobago, Committee Chairperson Cecilia Medina Quiroga said in preliminary remarks that ratification of international treaties entailed obligations by States to adopt new legislation and to discard laws contradicting international instruments.
In response, the head of the delegation of Trinidad and Tobago said that his country was in conformity with international treaties to which it was a party and abided by their principles.
Formal, written concluding observations and recommendations on the report of Trinidad and Tobago will be issued by the Committee towards the end of its three-week session on 3 November.
A six-member delegation of the Government of Trinidad and Tobago led by Ramesh Lawrence Maharaj, Attorney-General and Minister of Legal Affairs, was on hand to present the report and to answer questions raised by Committee members.
As one of the 148 States parties to the Covenant, Trinidad and Tobago is obligated to submit periodic reports on its efforts to implement the provisions of the instrument.
When the Committee reconvenes at 10 a.m. on Wednesday, 18 October, it will meet in private to consider communications. In the afternoon, it will first continue its meeting in private before starting a public discussion on draft general comments on article 4 of the Covenant which is on states of emergency and derogation.
Discussion
The delegation of Trinidad and Tobago continued to provide answers to oral questions raised by Committee experts during the morning meeting. The delegation said that the Government placed great emphasis on the independence and competence of the judiciary in the adjudication of human rights cases. Civil and political rights could not be effectively protected by a judiciary which was not independent.
The country's prison conditions did not breach the provisions of the Covenant as alleged by some experts, the delegation said. In the past, the Committee had considered petitions received from prisoners claiming to be victims of violations of their rights without the State's attention being drawn to the issue. However, except for some persisting difficulties in prisons, the State did not violate the provisions of the Covenant.
Abortion was illegal in Trinidad and Tobago except for cases of unsafe pregnancies, the delegation said. Permission to terminate an unsafe pregnancy had to be obtained from a court without which medical personnel had no right to perform the abortion.
In Trinidad and Tobago, a person could be arrested at anytime for no reason, the delegation said. But the principle of presumed innocence was maintained until the person was proven guilty. As in any country, police could arrest anyone on suspicion.
Domestic violence was one of the major problems of the society, the delegation said; a 24-hour crisis hot-line had been set up as part of measures to fight that phenomenon. Police officers were trained to include in their duties counselling in cases of domestic violence and to provide protection to victims.
Derogation from particular rights were permitted by the country's Constitution in times of emergency, the delegation said. The head of State might make regulations for dealing with that situation, including provisions for detention of persons. However, the act passed during a period of public emergency had effect only during that period. Since 1987, there had been two states of emergency declared in Trinidad and Tobago. One of the states of emergency took place in July 1990 when a group of Muslims attempted to overthrow the Government of the country.
Decisions on deportation could be challenged and were subject to administrative review, the delegation said. The act of deportation stipulated that all appeals against deportation orders might be reviewed and decided upon by the Minister. Any decision by the Minister was considered to be final and no judicial review was provided.
In response to follow-up questions put by Committee experts, the head of the delegation said that the Committee should respect the decisions and the policies of Trinidad and Tobago to maintain death and corporal punishment. If the Committee was to criticize the country's Constitution, it should make a report which would be discussed by the Government.
Preliminary Remarks
Following the conclusion of the responses provided by the delegation, Committee Chairperson Cecilia Medina Quiroga, in preliminary remarks, thanked the Government for submitting comprehensive reports and the members of the delegation for the valuable information they had provided. She said the members of the Committee had underscored the progress made by the Trinidad and Tobago.
Mrs. Quiroga emphasized that Trinidad and Tobago had to fulfil its obligations under international treaties to which it was a party. The existence of constitutional and legislative provisions could not be a pretext not to fulfil international obligations. Domestic laws which were not compatible with provisions of international treaties should be derogated.
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70th session
17 October 2000
Afternoon
The Human Rights Committee this afternoon concluded its review of the third and fourth periodic reports of Trinidad and Tobago, stressing the need to derogate domestic laws which were incompatible with international treaties, including the International Covenant on Civil and Political Rights.
Following the responses provided by the delegation of Trinidad and Tobago, Committee Chairperson Cecilia Medina Quiroga said in preliminary remarks that ratification of international treaties entailed obligations by States to adopt new legislation and to discard laws contradicting international instruments.
In response, the head of the delegation of Trinidad and Tobago said that his country was in conformity with international treaties to which it was a party and abided by their principles.
Formal, written concluding observations and recommendations on the report of Trinidad and Tobago will be issued by the Committee towards the end of its three-week session on 3 November.
A six-member delegation of the Government of Trinidad and Tobago led by Ramesh Lawrence Maharaj, Attorney-General and Minister of Legal Affairs, was on hand to present the report and to answer questions raised by Committee members.
As one of the 148 States parties to the Covenant, Trinidad and Tobago is obligated to submit periodic reports on its efforts to implement the provisions of the instrument.
When the Committee reconvenes at 10 a.m. on Wednesday, 18 October, it will meet in private to consider communications. In the afternoon, it will first continue its meeting in private before starting a public discussion on draft general comments on article 4 of the Covenant which is on states of emergency and derogation.
Discussion
The delegation of Trinidad and Tobago continued to provide answers to oral questions raised by Committee experts during the morning meeting. The delegation said that the Government placed great emphasis on the independence and competence of the judiciary in the adjudication of human rights cases. Civil and political rights could not be effectively protected by a judiciary which was not independent.
The country's prison conditions did not breach the provisions of the Covenant as alleged by some experts, the delegation said. In the past, the Committee had considered petitions received from prisoners claiming to be victims of violations of their rights without the State's attention being drawn to the issue. However, except for some persisting difficulties in prisons, the State did not violate the provisions of the Covenant.
Abortion was illegal in Trinidad and Tobago except for cases of unsafe pregnancies, the delegation said. Permission to terminate an unsafe pregnancy had to be obtained from a court without which medical personnel had no right to perform the abortion.
In Trinidad and Tobago, a person could be arrested at anytime for no reason, the delegation said. But the principle of presumed innocence was maintained until the person was proven guilty. As in any country, police could arrest anyone on suspicion.
Domestic violence was one of the major problems of the society, the delegation said; a 24-hour crisis hot-line had been set up as part of measures to fight that phenomenon. Police officers were trained to include in their duties counselling in cases of domestic violence and to provide protection to victims.
Derogation from particular rights were permitted by the country's Constitution in times of emergency, the delegation said. The head of State might make regulations for dealing with that situation, including provisions for detention of persons. However, the act passed during a period of public emergency had effect only during that period. Since 1987, there had been two states of emergency declared in Trinidad and Tobago. One of the states of emergency took place in July 1990 when a group of Muslims attempted to overthrow the Government of the country.
Decisions on deportation could be challenged and were subject to administrative review, the delegation said. The act of deportation stipulated that all appeals against deportation orders might be reviewed and decided upon by the Minister. Any decision by the Minister was considered to be final and no judicial review was provided.
In response to follow-up questions put by Committee experts, the head of the delegation said that the Committee should respect the decisions and the policies of Trinidad and Tobago to maintain death and corporal punishment. If the Committee was to criticize the country's Constitution, it should make a report which would be discussed by the Government.
Preliminary Remarks
Following the conclusion of the responses provided by the delegation, Committee Chairperson Cecilia Medina Quiroga, in preliminary remarks, thanked the Government for submitting comprehensive reports and the members of the delegation for the valuable information they had provided. She said the members of the Committee had underscored the progress made by the Trinidad and Tobago.
Mrs. Quiroga emphasized that Trinidad and Tobago had to fulfil its obligations under international treaties to which it was a party. The existence of constitutional and legislative provisions could not be a pretext not to fulfil international obligations. Domestic laws which were not compatible with provisions of international treaties should be derogated.
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