HUMAN RIGHTS COMMITTEE
Seventieth session
LIST OF ISSUES TO BE TAKEN UP IN CONNECTION WITH THE CONSIDERATION
OF THE SECOND PERIODIC REPORT OF GABON
(CCPR/C/128/Add.1)
Adopted by the Human Rights Committee on 26 July 2000
Recommendation by the Working Group
Constitutional and legal framework within which the Covenant is implemented (art. 2)
1. Given the existence of a new Constitution (Act No. 1/97 of 22 April 1997):
(a) What is the current status of the Covenant in Gabonese law?
(b) What guarantees and remedies exist to give effect to the rights set forth in the Covenant?
2. Please provide information regarding the possible creation of a national human rights commission.
States of emergency (art. 4)
3. Is the law regarding states of emergency consistent with the provisions of the Covenant? Which rights are non-derogable in a state of emergency?
Gender equality (arts. 3, 12 and 26)
4. Please provide statistical data concerning the practice of polygamy. What are the woman's rights when the marriage is dissolved? In the light of the Committee's General Comment on article 3 (General Comment No. 28, CCPR/C/21/Rev.1/Add.10, para. 24), what measures are contemplated to make the situation of married women compatible with the provisions of the Covenant?
5. What are the rights of women and, in particular, widows in matters relating to inheritance?
6. (a) Please provide information regarding the concept of a wife's obedience to her husband and about its legal consequences in the fields of civil law and customary law.
(b) Are women able to travel, including abroad, without permission?
7. Should the practice of female genital mutilation exist, please state what measures the Government has taken or is considering taking to eradicate it and to punish those who engage in it.
Right to life; treatment of persons and prisoners; right to liberty
and security of person (arts. 6, 7, 9, 10 and 16)
8. (a) Since the death penalty has not yet been abolished, how many accused persons have been sentenced to death in the past 10 years?
(b) Such sentences are often commuted to life imprisonment (paragraph 15 of the report): is this a general principle? If so, please indicate whether the Government intends to abolish the death penalty.
9. (a) Under what circumstances are law-enforcement officers permitted to use force?
(b) Is there an independent procedure of inquiry to ensure that any allegations of ill-treatment by the police or prison staff are duly investigated? Please provide statistical data on the number of incidents reported and about the outcome of investigations into those incidents.
10. (a) What is the legal time-limit for police custody and pre-trial detention? Is there a limit to the number of extensions of the period of police custody?
(b) What rules apply to the extension of police custody?
(c) Is a maximum duration set for detention pending trial? What is the average length of such detention?
11. How is the prisoner's right to contact a lawyer, his family or, if necessary, a doctor guaranteed both during police custody and when serving a sentence of imprisonment?
12. According to paragraph 36 of the report, Gabonese law provides for an entitlement to reparation in the form of damages in the event of arbitrary or illegal detention. Please state in how many cases compensation has been granted and give examples.
13. Please provide specific information about prison conditions and give statistical data on the number of prisoners in the various prisons.
14. Please provide detailed information concerning HIV-positive prisoners. Do they receive medical treatment? What is done to prevent contamination with HIV?
Civil imprisonment (art. 11)
15. Please state whether imprisonment for civil debt has been abolished, as recommended by the Committee following its consideration of the initial report.
Procedure for expulsion (art. 13)
16. What are the regulations governing the expulsion of aliens, and what rules are in force to allow an alien to submit reasons against his expulsion?
Right to a fair hearing (art. 14)
17. (a) Please provide information about measures to guarantee the independence and impartiality of the judiciary. Please indicate how the judges of the various courts are appointed and how they can be dismissed from office.
(b) What rules of criminal procedure apply in Gabon to safeguard the rights provided for by article 14 of the Covenant, particularly the presumption of innocence (14 (2)), the right of review by a higher tribunal (14 (5)), and the rights of the defence (14 (3))?
Freedom of religion (art. 18)
18. Please state what religions are found in Gabon and whether proselytism is permitted. How numerous are conversions? Are there any new religious movements in the country? Are they registered and, if so, what are the rules for that?
Freedom of opinion and expression (art. 19)
19. With reference to paragraph 39 of the report, what specific guarantees are established by law to protect freedom of opinion and expression? How is the freedom of the press (including radio and television) guaranteed? Please state under what circumstances journalists may be placed in detention.
Rights of the child (arts. 24 and 8)
20. How does the State provide for the protection of children against forced labour? Is it true that foreign children are more often victims of that practice than Gabonese children? How does the State intend to remedy that situation?
Participation in public life (art. 25)
21. (a) What guarantees exist to ensure the free expression of the wishes of the electorate during elections? What body prepares for and supervises the elections and how is its independence guaranteed?
(b) Please indicate the status of political parties in Gabon. How is pluralism in the sense of General Comment 25 (art. 25), and particularly of paragraph 22 thereof, guaranteed?
(c) With respect to the requirement in article 25 (c) of the Covenant for access to public service on conditions of equality, please state the criteria for appointment, promotion, suspension and dismissal of public servants.
Rights of persons belonging to ethnic, religious or linguistic minorities (art. 27)
22. Please comment on the situation of the indigenous population in Gabon, and explain in particular what measures are in place to protect the traditional way of life of the Baka people (Pygmies) (para. 50 of the report).
Dissemination of information concerning the Covenant (art. 2)
23. Please indicate steps taken to disseminate information on the submission of the initial report of Gabon and its consideration by the Committee. Please also provide information on education and training on the Covenant provided to all categories of public officials.