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27 October 2000
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Human RightsCommittee
70th session
27 October 2000
Morning
Polygamy Is Against Women's Human Rights
and Their Dignity, Experts Say
The Human Rights Committee this morning started its consideration of a second periodic report of Gabon on its compliance with the International Covenant on Civil and Political Rights with experts telling a Government delegation that the practice of polygamy was against the dignity of women and their human rights.
Introducing the report, Pascal Desire Missongo, Minster of Justice of Gabon, charged with Human Rights, told the Committee that polygamy was a social institution recognized to the benefit of men on the basis of very strong cultural considerations; and at present, polygamy was prevalent in the rural areas. However, because of the lack of communication, it was difficult to provide statistics on the issue.
The Minster also said that a wife had to obey her husband; that position had been affirmed by article 252 of the country's civil code; the notion was to affirm legally the husband's position as head of the family, which was a reflection of the traditional family life, and was not an indication of slavery.
Reacting to the delegation's assertion, several Committee experts expressed concern about the practice of polygamy which they said was against the dignity of women and their human rights. They also said the notion of making wives obey their husbands violated the principle of equality between men and women.
In addition to Mr. Missongo, the Gabonese delegation was comprised of Yolande Bike, Permanent Representative of Gabon to the United Nations Office at Geneva; Mathieu Ndong Essono, Advisor at the Ministry of Justice; Clotilde Boumba Bouddhou, Director General of Human Rights; Corentin Hervo-Akendengue, Advisor in charge of Human Rights at the Permanent Mission of Gabon in Geneva; and Guy-Germain Pambou, Advisor of the General Commissioner for Documentation and Immigration.
As one of the 148 States parties to the Covenant, Gabon must submit periodic summaries on its efforts to give effect to the provisions of the treaty.
The Committee will continue its consideration of the report of Gabon when it reconvenes at 3 p.m.
Report of Gabon
The second periodic report of Gabon (document CCPR/C/128/Add.1) briefly notes some of the measures taken by the Government in its efforts to implement the Covenant. It says that major modifications have been made to the Gabonese Constitution in 1997 and that a new post of Vice-President and a Senate were created. The report also contains a general presentation on Gabon and information on State structures and the organization of the executive, legislative and judicial powers.
Further, the report notes that Gabon has taken at the international level a constant position on the right of peoples to self-determination and has made it a recurring theme in its foreign policy. In its conclusion, the 10-page report says that Gabon has attempted to take account of the observations made by the Committee during the consideration of the initial report. Certain specific measures have been taken: in particular, the police forces have been placed under the supervision of the Ministry of the Interior; specific new steps have been taken for the protection of women; and a Directorate-General on Human Rights has been set up.
Introduction of Report
PASCAL DESIRE MISSONGO, Minister of Justice of Gabon charged with Human Rights, underlined that since the country's independence, the different constitutions had always affirmed their attachment to human rights and to fundamental freedoms as enshrined in the relevant international documents. The consistency in implementation of that policy was demonstrated through the protection provided to all persons in different sectors of civil and political life.
The integral parts of the collective and individual freedoms which were declared under the Covenant were guaranteed to all the population under the jurisdiction of the Government, the Minister went on to state. The right to freedom of opinion, conscience and assembly; the right to freedom of movement; the right to elect or to be elected; to establish a trade union or to join one, were guaranteed under the Constitution. The right to publish and disseminate information was also affirmed by the State.
The principle of a multi-party system had been maintained since the constitutional reform of 1994 and the law of 1996 governing the formation of political parties, Mr. Missongo said. The right to form political parties, associations of mutual interest or the creation of religious groups was allowed on condition that it did not offend the legal norm put in place.
Public functions were accessible to all due to the principle of equal opportunity, Mr. Missongo went on to say. The profile of each post was defined in advance and it was accessible to persons who fulfilled the requirements for appointment.
Polygamy was a social institution recognized to the benefit of men on the basis of very strong cultural considerations, the Justice Minister said. It resulted from a free choice expressed by the couple in the course of the celebration of the marriage. Outside that legal authorization, the matter was not regulated by other measures. At present, polygamy was prevalent in the rural areas. However, because of the lack of communication, it was difficult to provide statistics on the issue of polygamy.
The notion of obedience of the wife to her husband had been affirmed by article 252 of the country's civil code, Mr. Missongo said. It should be understood that the essence of obedience was not a sort of slavery or exclusion of the women from the family decision-making process. The notion was to affirm legally the husband's position as head of the family, which was a reflection of the traditional family life. In some cases, the law recognized the role of the wife as the head of the family in the event that the husband was deprived of his civil rights by law.
With regard to human-rights violations, the judicial power was competent to deal with such cases and the constitutional court protected the fundamental rights of citizens, the Minister said. In addition, the court of cassation, the court of appeal, the State Council and other tribunals were empowered to repair any prejudices resulting from human-rights violations of individuals.
In conclusion, the Minister announced that a national human rights commission had been created and its members were nominated recently. The commission was expected to play a very significant role in the promotion and protection of human rights.
Discussion
In response to written questions prepared by Committee experts in advance, the officials of the Gabonese delegation said the country's Constitution provided for international treaties to be embodied in domestic legal legislation once they were ratified. The 1997 constitutional amendment had also been made in that line.
States of emergency were declared when the Republic was under threat, when State institutions were in danger, or following a natural catastrophe, the delegation said. During such periods, the rights to freedom of movement and association were suspended. However, other basic human rights and fundamental freedoms were not derogated from the Constitution.
The provision on the death penalty was still in vigour, the delegation said. However, not one capital punishment was carried out during the last 20 years. To date, death sentences were systematically commuted to life imprisonment. There had been no particular debate on the issue.
A 48-hour police custody of a suspect could not be extended and the case should be brought before the court, the delegation said. However, the 6-month pre-trial detention could be extended if no release was granted by the investigating judge.
Referring to freedom of opinion and expression, the Gabonese officials asserted that there was not one single known political prisoner in the country.
Concerning the issue of minorities, the delegation said that Gabon had no groups under that category because of its integration as one nation. However, there were 40 ethnic groups in Gabon.
Following the responses of the delegation to the written questions, follow-up oral questions were raised by Committee experts. An expert said that he was stunned by the admission and perpetuation of polygamy in Gabon and by the lack of State effort to prohibit its practice. The experts said it was a situation of inequality in favour of men. If men were allowed to have as many wives as they could, why not women?
Several experts were of the view that the Gabonese report was meagre and did not contain much detail on the situation of human rights in the country; no figure on the demographic breakdown of the population; statistical data on police complaints and domestic violence affecting women were missing; and about prison populations, where, according to reports, hygienic conditions were very bad. The experts said that they were unable to figure out what was going on in practice in Gabon because of the lack of adequate information.
An expert said that women in Gabon had no weight in both the family and in public. The expert rejected polygamy while arguing that women had the right to decide for themselves without necessarily obeying their husbands. It was disturbing that gender equality was not guaranteed in practice. Polygamy was a violation of the dignity of women and their human rights, echoed another expert.
An expert recommended that Gabon should seriously think about its ratification of the Covenant and its practical implementation. Since several of the Covenant's provisions were not implemented, the Government of Gabon should contemplate setting up a law commission to examine the purpose of the ratification of the Covenant by Gabon.
It was also indicated by some experts that despite the delegation's assertion that there were no such things like minorities because of the policy of national integration, the situation of Pygmies was of concern.
Responding to some of the oral questions raised by Committee experts, the delegation said that the Government had no intention of creating a minority which did not exist. The Pygmies were living in the jungle and it was difficult to tame them. They were not marginalized nor considered a minority as suggested by some experts.
With regard to child labour, the delegation said no minor was working in plantations, which did not exist in Gabon; they were not working in petroleum complexes either.
The practice of harassment of journalists was a thing of the past which existed during the one-party system, the delegation said. Since the constitutional amendment and the establishment of a multi-party system, such practices had disappeared, giving way to the full exercise of the right to freedom of expression.
* *** *
70th session
27 October 2000
Morning
Polygamy Is Against Women's Human Rights
and Their Dignity, Experts Say
The Human Rights Committee this morning started its consideration of a second periodic report of Gabon on its compliance with the International Covenant on Civil and Political Rights with experts telling a Government delegation that the practice of polygamy was against the dignity of women and their human rights.
Introducing the report, Pascal Desire Missongo, Minster of Justice of Gabon, charged with Human Rights, told the Committee that polygamy was a social institution recognized to the benefit of men on the basis of very strong cultural considerations; and at present, polygamy was prevalent in the rural areas. However, because of the lack of communication, it was difficult to provide statistics on the issue.
The Minster also said that a wife had to obey her husband; that position had been affirmed by article 252 of the country's civil code; the notion was to affirm legally the husband's position as head of the family, which was a reflection of the traditional family life, and was not an indication of slavery.
Reacting to the delegation's assertion, several Committee experts expressed concern about the practice of polygamy which they said was against the dignity of women and their human rights. They also said the notion of making wives obey their husbands violated the principle of equality between men and women.
In addition to Mr. Missongo, the Gabonese delegation was comprised of Yolande Bike, Permanent Representative of Gabon to the United Nations Office at Geneva; Mathieu Ndong Essono, Advisor at the Ministry of Justice; Clotilde Boumba Bouddhou, Director General of Human Rights; Corentin Hervo-Akendengue, Advisor in charge of Human Rights at the Permanent Mission of Gabon in Geneva; and Guy-Germain Pambou, Advisor of the General Commissioner for Documentation and Immigration.
As one of the 148 States parties to the Covenant, Gabon must submit periodic summaries on its efforts to give effect to the provisions of the treaty.
The Committee will continue its consideration of the report of Gabon when it reconvenes at 3 p.m.
Report of Gabon
The second periodic report of Gabon (document CCPR/C/128/Add.1) briefly notes some of the measures taken by the Government in its efforts to implement the Covenant. It says that major modifications have been made to the Gabonese Constitution in 1997 and that a new post of Vice-President and a Senate were created. The report also contains a general presentation on Gabon and information on State structures and the organization of the executive, legislative and judicial powers.
Further, the report notes that Gabon has taken at the international level a constant position on the right of peoples to self-determination and has made it a recurring theme in its foreign policy. In its conclusion, the 10-page report says that Gabon has attempted to take account of the observations made by the Committee during the consideration of the initial report. Certain specific measures have been taken: in particular, the police forces have been placed under the supervision of the Ministry of the Interior; specific new steps have been taken for the protection of women; and a Directorate-General on Human Rights has been set up.
Introduction of Report
PASCAL DESIRE MISSONGO, Minister of Justice of Gabon charged with Human Rights, underlined that since the country's independence, the different constitutions had always affirmed their attachment to human rights and to fundamental freedoms as enshrined in the relevant international documents. The consistency in implementation of that policy was demonstrated through the protection provided to all persons in different sectors of civil and political life.
The integral parts of the collective and individual freedoms which were declared under the Covenant were guaranteed to all the population under the jurisdiction of the Government, the Minister went on to state. The right to freedom of opinion, conscience and assembly; the right to freedom of movement; the right to elect or to be elected; to establish a trade union or to join one, were guaranteed under the Constitution. The right to publish and disseminate information was also affirmed by the State.
The principle of a multi-party system had been maintained since the constitutional reform of 1994 and the law of 1996 governing the formation of political parties, Mr. Missongo said. The right to form political parties, associations of mutual interest or the creation of religious groups was allowed on condition that it did not offend the legal norm put in place.
Public functions were accessible to all due to the principle of equal opportunity, Mr. Missongo went on to say. The profile of each post was defined in advance and it was accessible to persons who fulfilled the requirements for appointment.
Polygamy was a social institution recognized to the benefit of men on the basis of very strong cultural considerations, the Justice Minister said. It resulted from a free choice expressed by the couple in the course of the celebration of the marriage. Outside that legal authorization, the matter was not regulated by other measures. At present, polygamy was prevalent in the rural areas. However, because of the lack of communication, it was difficult to provide statistics on the issue of polygamy.
The notion of obedience of the wife to her husband had been affirmed by article 252 of the country's civil code, Mr. Missongo said. It should be understood that the essence of obedience was not a sort of slavery or exclusion of the women from the family decision-making process. The notion was to affirm legally the husband's position as head of the family, which was a reflection of the traditional family life. In some cases, the law recognized the role of the wife as the head of the family in the event that the husband was deprived of his civil rights by law.
With regard to human-rights violations, the judicial power was competent to deal with such cases and the constitutional court protected the fundamental rights of citizens, the Minister said. In addition, the court of cassation, the court of appeal, the State Council and other tribunals were empowered to repair any prejudices resulting from human-rights violations of individuals.
In conclusion, the Minister announced that a national human rights commission had been created and its members were nominated recently. The commission was expected to play a very significant role in the promotion and protection of human rights.
Discussion
In response to written questions prepared by Committee experts in advance, the officials of the Gabonese delegation said the country's Constitution provided for international treaties to be embodied in domestic legal legislation once they were ratified. The 1997 constitutional amendment had also been made in that line.
States of emergency were declared when the Republic was under threat, when State institutions were in danger, or following a natural catastrophe, the delegation said. During such periods, the rights to freedom of movement and association were suspended. However, other basic human rights and fundamental freedoms were not derogated from the Constitution.
The provision on the death penalty was still in vigour, the delegation said. However, not one capital punishment was carried out during the last 20 years. To date, death sentences were systematically commuted to life imprisonment. There had been no particular debate on the issue.
A 48-hour police custody of a suspect could not be extended and the case should be brought before the court, the delegation said. However, the 6-month pre-trial detention could be extended if no release was granted by the investigating judge.
Referring to freedom of opinion and expression, the Gabonese officials asserted that there was not one single known political prisoner in the country.
Concerning the issue of minorities, the delegation said that Gabon had no groups under that category because of its integration as one nation. However, there were 40 ethnic groups in Gabon.
Following the responses of the delegation to the written questions, follow-up oral questions were raised by Committee experts. An expert said that he was stunned by the admission and perpetuation of polygamy in Gabon and by the lack of State effort to prohibit its practice. The experts said it was a situation of inequality in favour of men. If men were allowed to have as many wives as they could, why not women?
Several experts were of the view that the Gabonese report was meagre and did not contain much detail on the situation of human rights in the country; no figure on the demographic breakdown of the population; statistical data on police complaints and domestic violence affecting women were missing; and about prison populations, where, according to reports, hygienic conditions were very bad. The experts said that they were unable to figure out what was going on in practice in Gabon because of the lack of adequate information.
An expert said that women in Gabon had no weight in both the family and in public. The expert rejected polygamy while arguing that women had the right to decide for themselves without necessarily obeying their husbands. It was disturbing that gender equality was not guaranteed in practice. Polygamy was a violation of the dignity of women and their human rights, echoed another expert.
An expert recommended that Gabon should seriously think about its ratification of the Covenant and its practical implementation. Since several of the Covenant's provisions were not implemented, the Government of Gabon should contemplate setting up a law commission to examine the purpose of the ratification of the Covenant by Gabon.
It was also indicated by some experts that despite the delegation's assertion that there were no such things like minorities because of the policy of national integration, the situation of Pygmies was of concern.
Responding to some of the oral questions raised by Committee experts, the delegation said that the Government had no intention of creating a minority which did not exist. The Pygmies were living in the jungle and it was difficult to tame them. They were not marginalized nor considered a minority as suggested by some experts.
With regard to child labour, the delegation said no minor was working in plantations, which did not exist in Gabon; they were not working in petroleum complexes either.
The practice of harassment of journalists was a thing of the past which existed during the one-party system, the delegation said. Since the constitutional amendment and the establishment of a multi-party system, such practices had disappeared, giving way to the full exercise of the right to freedom of expression.
* *** *