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17 July 2000
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Human Rights Committee
69th Session
17 July 2000
Afternoon
The Human Rights Committee this afternoon held a brief public meeting during which it discussed a draft general comment on article 4 of the International Covenant on Civil and Political Rights concerning emergency situations.
Article 4 stipulates that in time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.
No derogation may be made under this provision concerning article 6 of the Covenant on the inherent right to life; article 7 which forbids torture or cruel, inhuman or degrading treatment or punishment; article 8 which forbids slavery; article 11 which forbids imprisonment on ground of inability to fulfil contractual obligations; article 15 which stipulates that no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed and nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations; article 16 which recognizes that everyone has the right to recognition before the law; and article 18 on the right to freedom of thought, conscience and religion.
The draft general comment underlines that article 4 of the Covenant is of prime importance to the protection of human rights as stipulated in the Covenant. It states that according to this article, States parties are authorized to adopt unilateral measures which derogate from their obligations under the present Covenant, provided that such measures are not inconsistent with their other obligations under international law. The draft general comment underlines that for certain rights, derogation is not possible. It also states that even for other articles which are not specified as not being open to derogation, that did not permit States parties to derogate them at liberty, even at a time of public emergency.
The Committee will meet at 10 a.m. on Tuesday, 18 July, to start its consideration of a report of Kuwait (CCP/C/120/Add.1).
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69th Session
17 July 2000
Afternoon
The Human Rights Committee this afternoon held a brief public meeting during which it discussed a draft general comment on article 4 of the International Covenant on Civil and Political Rights concerning emergency situations.
Article 4 stipulates that in time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.
No derogation may be made under this provision concerning article 6 of the Covenant on the inherent right to life; article 7 which forbids torture or cruel, inhuman or degrading treatment or punishment; article 8 which forbids slavery; article 11 which forbids imprisonment on ground of inability to fulfil contractual obligations; article 15 which stipulates that no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed and nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations; article 16 which recognizes that everyone has the right to recognition before the law; and article 18 on the right to freedom of thought, conscience and religion.
The draft general comment underlines that article 4 of the Covenant is of prime importance to the protection of human rights as stipulated in the Covenant. It states that according to this article, States parties are authorized to adopt unilateral measures which derogate from their obligations under the present Covenant, provided that such measures are not inconsistent with their other obligations under international law. The draft general comment underlines that for certain rights, derogation is not possible. It also states that even for other articles which are not specified as not being open to derogation, that did not permit States parties to derogate them at liberty, even at a time of public emergency.
The Committee will meet at 10 a.m. on Tuesday, 18 July, to start its consideration of a report of Kuwait (CCP/C/120/Add.1).
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