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23 October 2000
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Human Rights Committee
70th session
23 October 2000
Morning
The Human Rights Committee this morning continued its discussion on a draft General Comment on article 4 of the International Covenant on Civil and Political Rights concerning non-derogable rights during states of emergency.
Article 4 of the Covenant 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 Covenant may take measures derogating from their obligations under the treaty 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.
During the discussion, experts considered the non-derogability of a certain number of rights stipulated in the Covenant, especially the right to appeal and the right to due process. They also looked into the question of whether regional threats or natural disasters could be invoked to decree a state of emergency.
One expert said that the principle of proportionality must be applied, even if a state of emergency was decreed by a State party.
The Committee is expected to adopt the General Comment once it has completed its discussion of the 14-paragraph draft text. General Comments are adopted to assist States parties in their efforts to implement the provisions of the Covenant.
Committee expert Cecilia Medina Quiroga and experts paid tribute to the work of their colleague, Fausto Poccar, who is taking up new functions at the International Criminal Tribunal for the former Yugoslavia.
Mrs. Quiroga also said that the Committee had decided in a closed meeting to take up the initial report of Uzbekistan, which had originally been scheduled to be considered this session, at the Committee's spring session next March. She said the Committee had also decided to name colleague Abdelfattah Amor as its focal point for the right to development.
When the Committee resumes its meeting at 3 p.m. this afternoon, it will take up the fourth periodic report of Peru.
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70th session
23 October 2000
Morning
The Human Rights Committee this morning continued its discussion on a draft General Comment on article 4 of the International Covenant on Civil and Political Rights concerning non-derogable rights during states of emergency.
Article 4 of the Covenant 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 Covenant may take measures derogating from their obligations under the treaty 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.
During the discussion, experts considered the non-derogability of a certain number of rights stipulated in the Covenant, especially the right to appeal and the right to due process. They also looked into the question of whether regional threats or natural disasters could be invoked to decree a state of emergency.
One expert said that the principle of proportionality must be applied, even if a state of emergency was decreed by a State party.
The Committee is expected to adopt the General Comment once it has completed its discussion of the 14-paragraph draft text. General Comments are adopted to assist States parties in their efforts to implement the provisions of the Covenant.
Committee expert Cecilia Medina Quiroga and experts paid tribute to the work of their colleague, Fausto Poccar, who is taking up new functions at the International Criminal Tribunal for the former Yugoslavia.
Mrs. Quiroga also said that the Committee had decided in a closed meeting to take up the initial report of Uzbekistan, which had originally been scheduled to be considered this session, at the Committee's spring session next March. She said the Committee had also decided to name colleague Abdelfattah Amor as its focal point for the right to development.
When the Committee resumes its meeting at 3 p.m. this afternoon, it will take up the fourth periodic report of Peru.
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