HUMAN RIGHTS COMMITTEE BEGINS CONSIDERATION OF ZIMBABWE'S INITIAL REPORT ON ITS COMPLIANCE WITH COVENANT ON CIVIL, POLITICAL RIGHTS

25 March 1998

Press Release
HR/CT/506

HUMAN RIGHTS COMMITTEE BEGINS CONSIDERATION OF ZIMBABWE'S INITIAL REPORT ON ITS COMPLIANCE WITH COVENANT ON CIVIL, POLITICAL RIGHTS

19980325 Also, Experts Call for Resolution Urging High Commissioner For Human Rights to Address Committee's Critical Staffing Needs

The Permanent Secretary of Home Affairs of Zimbabwe, T. Chigudu, this morning described a range of measures taken in his country in support of the provisions of the International Covenant on Civil and Political Rights, as the Human Rights Committee began its consideration of Zimbabwe's initial report on its compliance with the Covenant.

Introducing the report, he said the legislature of Zimbabwe had passed a constitutional amendment making it unlawful to discriminate against any person on the basis of gender. The Government had also reviewed the position of women married under customary law and now allowed the wife or wives of a man to inherit a third of his estate. It had established an Office of Women's Affairs, under the administration of a woman minister, and the Minister of Education was developing a human rights curriculum that would be taught throughout the country.

Also this morning, the Committee considered two reports on meetings of the chairpersons of human rights treaty bodies, held last month and during September 1997. Commenting on issues raised in those reports, a number of experts said the Committee should adopt a resolution, before the end of its current session, strongly urging the United Nations High Commissioner for Human Rights to address its critical staffing needs.

Any reduction in the Committee's staff and services would seriously undermine its work, they said. Basic services must be provided, including a Secretary, to enable it to carry out its functions. The Committee had experienced difficulties during its current session as a result of the decrease in services owing to recent reforms. It was also becoming increasingly difficult for it to hold a session in New York because adequate facilities were not provided, one expert said.

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Many experts questioned the feasibility of examining the human rights situation in a State which had not submitted a report to the Committee, an issue raised in the reports. On another matter, it was stated that the treaty bodies should be flexible enough to consider both focused reports covering a State's compliance with a single human rights instrument, as well as comprehensive reports submitted by States with scarce resources on their compliance with a number of related treaties.

Several experts warned that the meeting of chairpersons should not be converted into a super-institutional mechanism which could decide the fate of the treaty bodies but should act as a coordinating body. Human Rights Committee Chairman Christine Chanet, the expert from France, said that unity among the treaty bodies created a strength that made it possible for them to pressure the High Commissioner for Human Rights on matters of mutual concern, such as staff shortages and the effects of restructuring.

Statements were also made by the experts from Australia, Japan, Italy, Israel, Finland, Egypt, United States, Germany, Chile, Ecuador, Lebanon, Canada and India.

The Committee will meet again at 3 p.m. today to resume its consideration of the initial report of Zimbabwe on its compliance with the Covenant.

Committee Work Programme

The Human Rights Committee met this morning to begin its consideration of Zimbabwe's initial report on its compliance with the International Covenant on Civil and Political Rights (document CCPR/C/74/Add.3).

Article 40 of the Covenant provides that States parties should submit reports to the Committee on measures they have taken to implement the Covenant provisions. The report should provide information on changes made or proposed in laws and practices relevant to the Covenant, and progress made since the Committee last considered the State party's implementation of the Covenant's provisions.

According to the report, there was adequate legislation promoting the equality of people in Zimbabwe. The Constitution made it unlawful to discriminate on the grounds of race, colour, language, religion or political differences. Ignorance of an individual's rights, along with social and cultural inhibitions, especially regarding women, were the main hindrances to full enjoyment of civil and political rights in Zimbabwe. While the Constitution did not expressly prohibit discrimination on the basis of sex, the Government had enacted legislative and administrative measures to promote the status of women. It had also established institutions to ensure equality for women in the political, economic, social and cultural spheres.

According to the report, Zimbabwe promoted and ensured respect for the rights and freedoms contained in the Covenant through teaching and education programmes conducted by government ministries. Non-governmental organizations were also permitted to carry out educational campaigns and courses on human rights, and international organizations, such as the Raoul Wallenberg Institute of Human Rights and International Humanitarian Law, conducted training workshops for police and prison officers, the armed forces and judicial officers.

However, that most educational campaigns were geared towards educating women, resulting in a general feeling that human rights issues had degenerated into gender issues, the report states. The Government needed to address the problem by initiating programmes on human rights aimed at all people. A task force was looking into ways of introducing human rights education in schools. In addition, the Ministry of Justice, Legal and Parliamentary Affairs was developing a programme to teach chiefs and headmen about the Constitution. An Inter-ministerial Committee on Human Rights and International Humanitarian Law acted as government advisor on human rights and humanitarian law issues. Among other functions, it recommended the ratification of human rights instruments and advised on the need for legislative and administrative measures to comply with the ratified instruments. Owing to financial constraints, it had not been able to fulfil the function of improving community awareness by organizing seminars.

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The rights of workers were protected by a Department of Labour Relations within the Ministry of Public Service, Labour and Social Welfare, which organized employer-employee relations workshops and seminars in cooperation with the International Labour Organisation (ILO) and other donor agencies, the report states. The Constitution provided for all persons alleging violations of their rights to apply for redress to the Supreme Court, which had promoted human rights in various cases.

The judiciary had jurisdiction over all issues of a judicial nature, the report states. The rights of parties were protected by the High Court Act, which assured fair conduct of the High Court in reviewing decisions of inferior courts, tribunals and administrative authorities. Decisions of lower courts were reversed on review or appeal only in accordance with proper legal procedures, and the grounds for appeal were based on malice of a judicial officer, absence of jurisdiction or gross irregularity in the conduct of a trial. Presidential powers, as set out in the Constitution, were invoked for ameliorating sentences and only after judicial remedies had been exhausted. Furthermore, independence of the judiciary was guaranteed by the Constitution, and the courts were entrusted with promoting the rights and freedoms guaranteed by the Covenant without interference.

The Constitution provided for the declaration of a state of emergency by the President, with subsequent approval by Parliament, the report states. An Emergency Powers Act ensured that emergency measures conformed to constitutional provisions. A Detainees Review Tribunal reviewed cases of detainees. The Constitution protected the right to life interests of children and those accused of crimes. The Government had ratified the Convention on the Prevention and Punishment of the Crime of Genocide and fully subscribed to its provisions. Efforts were under way to devise legislation incorporating its provisions into municipal law.

The report states that the Government provided protection against torture and inhuman punishment. It was party to international instruments containing specific provisions against ill-treatment, such as the African Charter on Human and Peoples' Rights. The Government was considering ratifying the Convention against Torture, and a Criminal Procedure and Evidence Act outlined conditions for the administration of corporal punishment, an issue under much legal and social debate in the country. The Constitution protected against slavery and guaranteed the right to personal liberty, save as authorized by law in cases involving mental illness, vagrancy, drug addiction, immigration control and, pursuant to a court order, upon reasonable suspicion of having committed or being about to commit an offence. Persons could also be deprived of liberty for the purpose of preventing the spread of infectious or contagious diseases.

According to the report, Police powers of arrest and detention were governed by the Criminal Procedure and Evidence Act, which provided for two

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types of arrest -- namely, with or without a warrant. Persons could be arrested without warrant for committing or attempting to commit an offence in the presence of a peace officer, or if the peace officer had grounds for suspecting such activity. Peace officers included police officers, as well as officers of prisons, immigration services, regulating authorities and the Central Intelligence Organization. Civilians had limited powers of arrest. The Constitution provided guarantees of detainees' rights, such as being informed about the reason for arrest, prompt appearance before a judicial officer, bail, early trial, habeus corpus and compensation for unlawful arrest or detention.

Maintenance and administration of prisons was in the jurisdiction of the Ministry of Justice, Legal and Parliamentary Affairs, with the Prisons Act providing for official visits of such parties as magistrates, religious leaders and prison aid societies, the report states. The Prison (Detained Person) Regulations contained provisions for the treatment of prisoners, including work and training, medical services, an automatic one-third remission of sentence and separation of accused from convicted prisoners. No person could be imprisoned for inability to fulfil a contractual obligation, but the courts could commit a person to prison for failure to comply with a court order to make payments in discharge of a debt if it was proven the failure was due to wilful refusal. In the case of arrested juveniles, those under 18 years of age, questioning and the submission of statements was done in the presence of a parent or guardian. No person could be tried by retroactive application of criminal laws.

Restrictions on the right to freedom of movement could be imposed in the interest of defence, public safety, public order, public morality or public health, the report states. It could also be imposed in regard to the acquisition or use of land or other property, and by order of a court in criminal matters. It could be imposed on non-citizens and non-permanent residents. Refugees had a right to movement provided they carried identity cards, but they had no freedom to choose their residence. Zimbabwe was party to the Convention and Protocol relating to the Status of Refugees and the Convention Governing the Specific Aspects of Refugee Problems in Africa of the Organization of African Unity (OAU). In acceding to the first Convention, Zimbabwe made a reservation declaring the right to designate places of residence for refugees.

Expulsion of aliens was carried out in accordance with the Immigration Act and the Immigration Regulations, for such acts as engaging in unlawful employment, exceeding a period of 12 months without a valid residence permit or being a prohibited person -- including being an offender, suffering from disease or being a prostitute or a homosexual. Refugees and other protected persons could be expelled on the grounds of national security or public order, by regulated procedure set out in the Refugee Act.

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Exceptions to the right to privacy provisions of the Constitution were made in cases relevant to interests of defence, public safety, public order and morality, the report states. Postal articles could be intercepted and telecommunication services suspended on suspicion of criminal activity, in accordance with the Postal and Telecommunications Services Act. The Serious Offences Act had given police officers wider powers, including the granting of search warrants by telephone and the monitoring of financial transactions conducted between institutions and particular persons.

The right to freedom of expression included the freedom to hold opinions and to receive and impart ideas and information without interference, but it was not an absolute and unlimited right, the report states. Restrictions could be imposed in the interest of the protection of defence, public safety and public morality, and to protect the reputations and private lives of persons. The Privileges, Immunities and Powers of Parliament Act made the publishing of defamatory statements about Parliament a matter of contempt. The Law and Order Maintenance Act prohibited publication of subversive statements, such as bringing the President into contempt, inciting hostility or inciting opposition to lawful acts of government officials. Freedom of the press, like any other, was protected by the Constitution but circumscribed by the law of defamation and contempt of court. Broadcasting and telecommunications were State operated, but there was a new debate on the possibility of introducing private broadcasting stations. The State monopoly had also been successfully challenged in the courts.

All literature was reviewed by a Censorship Board appointed by the Minister of Home Affairs prior to publication, to ensure the safeguarding of societal morals, the report states. The right of assembly was subject to limitations to ensure the exercise of that right did not prejudice the rights of others or of the public interest. Those restrictions, provided by the Law and Order Maintenance Act, had been recognized as not being in conformance with the Constitution. Relevant ministries were working on a bill to repeal and replace the Act.

Numerous social welfare acts had been passed in areas such as health care, water and sanitation programmes, economic adjustment programmes, assistance to families in need and educational assistance programmes, the report states. Families were recognized through three types of marriage: registered customary marriage, civil marriage and unregistered customary law union. It was now an offence under the Customary Marriages Act to compel an African woman into marriage against her will. The Matrimonial Causes Act regulated the rights and responsibilities of spouses in marriage and upon divorce. Similar laws protected the rights of children, including the right to be well cared for by parents. A Child Labour Task Force had been formed to look into the inadequate measures that presently regulated the employment of children, defined as persons below 16 years of age.

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The electoral laws of Zimbabwe were governed by the Constitution, the report states. Voting was by secret ballot and was not compulsory, but it was open to Zimbabwean citizens 18 years of age and over who had been permanent residents in Zimbabwe as of 31 December 1985. Those disqualified from voting included the mentally disordered, those declared insolvent by the High Court, convicted offenders with a minimum penalty exceeding six months, those convicted of an offence under the Electoral Law, persons expelled from Parliament and those under preventive detention for more than six months.

As a multicultural society, Zimbabwe had pockets of ethnic, cultural and linguistic minorities, some of whose practices conflicted with other fundamental human rights, the report states. Those practices included early marriages, circumcision practices and the pledging of girls for economic gain or as appeasement to the spirit of a murdered person. Education played a part in changing those practices; some strategies included the addition of civil and political rights studies in the school curriculum, along with the promotion of the country's different cultures.

List of Issues

The Committee's list of issues to be raised on Zimbabwe's report include the following: the status of the Covenant within the domestic legal order; the impact of measures taken following recent social disturbances; clarification of the state of emergency; the use of weapons by the police; extrajudicial actions, corporal punishment and police practices; and equality of the sexes, customary law and practices, violence against women and children and child labour.

The Committee will ask Zimbabwe to report on national human rights institutions, conditions of detention and the death penalty, independence of the judiciary and the rights to privacy, freedom of expression and peaceful assembly. It will also request information on the rights of persons belonging to minorities and on actions taken by the Government to disseminate information on the rights protected under the Covenant.

Introduction of Zimbabwe's Report

T. CHIGUDU, Permanent Secretary of Home Affairs of Zimbabwe, introduced his country's report. He said his Government had endeavoured to adhere to the Committee's guidelines in preparing the report. Where problems existed, explanations concerning steps to address those problems had been provided. The core document should be revised to reflect current figures recently provided by the Department of Central Statistics: the country's gross domestic product (GDP) was 85.5 billion (local currency); the foreign debt was 28.9 billion (local currency); the rate of inflation stood at 24 per cent and the exchange rate against the United States dollar was 16.228.

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Regarding article 2 of the Covenant, which concerned fundamental rights and freedoms, he said the legislature had passed a constitutional amendment making it unlawful to discriminate against any person on the basis of gender. The amendment had been challenged in court, but the courts had held that the provision was not unconstitutional and did not impact negatively on life in the country.

The Government had also reviewed its position of women married under customary law, he said. Under a new law, the wife or wives of a man were entitled to inherit a third of his estate. In addition, the Government had established an Office of Women's Affairs, under the administration of a woman minister. In an endeavour to further promote human rights, the Minister of Education was in the process of developing a curriculum on human rights that would be taught throughout the country.

Regarding article 6, which concerned every person's inherent right to life, he said an inter-ministerial committee had developed a bill that would give effect to that provision of the Covenant. That bill was still under consideration.

Failure to notify police about the convening of a demonstration was no longer illegal under a new law governing the right to peaceful assembly, he said. Criminal liability was also removed, but organizers would be liable for any damage caused by the organization of a demonstration. Another bill on the crime of genocide, which concerned article 6, was also under consideration. Several human rights organization had contributed to the drafting of that bill.

As a result of prevailing economic hardships, there had been several food riots in Zimbabwe, he said. Disturbances had occurred in December 1997 and in January this year. There had also been widespread riots and looting nationwide. The disturbances had degenerated into a general breakdown of law and order, and the Government had deployed the police to restore order. When the police could not control the situation, they asked members of the military to give assistance. The police and the army used only such force as was strictly necessary and all complaints concerning their actions were currently being reviewed.

Reports on Human Rights Treaty Bodies

The delegation of Zimbabwe said it had not yet seen the Committee's list of issues on its report. It was therefore decided to postpone further discussion on it until this afternoon and to conclude consideration of the Zimbabwe report tomorrow morning. Instead, the Committee would begin its consideration of the report of the eighth meeting of persons chairing human rights treaty bodies (document A/52/507), originally scheduled for review tomorrow morning.

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According to that report the meeting, which was held in Geneva from 15 to 19 September 1997, had focused primarily on issues of reform. Its agenda included a review of recent developments; methods of improving operations; cooperation of human rights treaty bodies with non-conventional bodies, mechanisms and regional organizations; gender perspectives; and assistance to States in implementing their recommendations.

The meeting drew numerous conclusions and made a number of recommendations for improving operations of the human rights treaty bodies. Those included: the need to reform the treaty system within the overall reform ongoing in the United Nations system; strategies for achieving universal ratification; and giving special consideration to specific situations, such as States denouncing the treaties or the situation of States with very small populations. Reforms in the reporting system were suggested, and consolidation of the treaty bodies was recommended.

The report concluded that the treaty system was at a crossroads. The conjunction of the broader United Nations reform process and the arrival of a new United Nations High Commissioner for Human Rights provided the opportunity to promote sustained reforms to enhance effectiveness and efficiency. The meeting recommended the holding of another three-day meeting of the chairpersons and asked that its report be considered during the current session of the Commission on Human Rights.

CHRISTINE CHANET, Committee Chairman and expert from France, introduced the report of the ninth meeting of chairpersons of the United Nations human rights treaty bodies, which was circulated to members of the Committee. At that meeting, which was held in Geneva from 25 to 27 February, the chairpersons addressed the problem of restructuring, staffing and the need to have one secretariat for each Committee. They also addressed the significant decrease in the number of staff servicing their communications procedures over the past four years, which had coincided with a steady increase in the number of communications received. That situation had led to a crisis. Also during the session, the chairpersons had discussed the subject of universal ratification of the six core human rights treaties with United Nations High Commissioner for Human Rights Mary Robinson.

The guidelines adopted by the Human Rights Committee for the functioning of independent experts was welcomed by the chairpersons, Ms. Chanet said. The chairpersons had reiterated that there were significant advantages in seeking ways to focus the reports of each State party on a limited range of issues. Another sensitive topic was the examination of reports in the absence of the State in question. Most Committees were involved in that discussion. The chairpersons also discussed inviting the High Commissioner to review consultative services, human rights training and all the seminars that had taken place, to determine if they were productive in giving assistance to States, particularly with respect to the drafting of their reports. There

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should be a closer relationship between the committees, and the office of the High Commissioner in that area.

States parties attending the meeting had attached great importance to it, she said. Although they did not ask any questions regarding communications, concern was expressed about overlap in their reports to the various treaty bodies.

ELIZABETH EVATT, expert from Australia, said the Committee should stand behind the chairpersons in their insistence that a Secretary should be designated for each Committee. It was intolerable that the Committee should be expected to work without a Secretary. It was also necessary to consider again what to do with States which did not provide any reports. There was an inequality between the States which tried to comply with their obligations and those which did not. After giving a State every opportunity to provide material to the Committee, the Committee must ultimately look at the situation on the basis of information available from the State or other United Nations bodies.

Basic services must be provided to the Committees in order for them to carry out their functions under their respective instruments, she said. It was becoming increasingly difficult for the Human Rights Committee to hold a session in New York because adequate facilities were not being provided. Provision should be made for contact between the Committees.

NISUKE ANDO, expert from Japan, said the working group had tried to discuss the report of the chairpersons' meetings, but owing to a lack of time had been unable to do so. Therefore, it had been unable to report back to the Committee on the subject.

FAUSTO POCAR, expert from Italy, said his observations were preliminary and he reserved the right to make more extensive comments later on. The chairpersons considered a number of important issues that were relevant to the Committee's work. All members fully supported the section of the report concerning services for the Committee. The Committee was clear that any reduction in staff and services to the Committee would seriously undermine its work. The Committee was experiencing malfunctions during the current session. It was important to stress the need to reach universal ratification for all international instruments.

The report's discussion of the examination of the situation in States in the absence of their report was not well-balanced, he said. The Committee had been strongly against such a procedure, but that argument was not represented in the report. It would mean transforming the system into an inquisitory system. The system should bring States before the Committee to present their reports. To examine States in absentia was a bad approach and should not be considered. He welcomed references to joint statements on important issues

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concerning human rights. Statements of chairpersons alone, however, should be avoided, as the meeting of the chairpersons might tend to become a super monitoring body which expressed views rather than merely coordinating the work of the Committees.

DAVID KRETZMER, expert from Israel, said he supported the remarks made by the expert from Italy regarding the examination of States which had not submitted a report. That would transform the discussion of reports into an inquisitory matter. The Committee's mandate was to consider reports submitted by States parties. It was an issue that every Committee should decide for itself, depending on its interpretation of its mandate. The meeting of the chairpersons should only coordinate the work of the Committees and it should not turn itself into a super body. It would not be appropriate, when talking about legal questions, to have a group reaction. Arguments had to be based on the merits and not on group solidarity. There should be no general reaction by the treaty bodies on the subject of reservations.

MARTIN SCHEININ, expert from Finland, said it was positive that the chairpersons had taken up the issue of how treaty bodies had been treated in the current restructuring process. Yet the idea of a common statement of the chairpersons on the present and future role of the treaty bodies was problematic. Any statement should emphasize the legal nature of the work of the treaty bodies and their law-creating and norm-elaborating functions. The consideration of a State's human rights situation in the absence of its report would only cause additional problems, because of the inadequacy of information and of proper methods to address the situation in the absence of dialogue with the State concerned. The Committee should not deal with human rights situations in the absence of country reports.

There seemed to be tension between the needs of small States and the need for focused reports which could not be resolved, he said. Situations were different. Treaty bodies, including the Committee, should be flexible enough to consider both focused reports as well as comprehensive reports, written by States with scarce resources and small populations to reflect work done under more than one treaty. He supported a joint statement by treaty bodies on the subjects of the indivisibility of rights and the importance of the gender dimension. Other committees also needed to address those issues. The institution of the joint statement was somewhat problematic. The work of bring attention to issues should be done in a form that was related to the general functions of the treaty bodies, such as the drafting of general comments.

OMRAN EL-SHAFEI, expert from Egypt, said that in the relationship between overall reform and the restructuring of human rights treaty bodies, their functions should be a priority consideration. More information was needed on the participation of States parties in the chairmen's meeting. How were the States parties invited? Was there a circular? How many States

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parties attended? There should be more meetings between States parties to discuss the question of how to promote the work of the treaty bodies. The recent meetings should be considered as a prelude to a formalized procedure for State party involvement in promoting human rights within the Organization.

On the question of seeking the help of other bodies for the work of the treaty bodies, he said the idea of linking their work with such assistance had not been well received. The linkage could have short-term positive results but be negative in the long term.

He said the Committee also needed to spend more time on the question of reservations.

THOMAS BUERGENTHAL, expert from the United States, said a working group should be established to study the question of whether the Committee should take action in the absence of a State report. To act now and say such a course was precluded was premature. However, it was an important enough issue to merit study, because it raised legal issues concerning the functioning of the Committee.

He agreed with the chairpersons' views on staffing needs and on the need for a Committee Secretary, he said. The Committee should adopt a resolution to that effect. With regard to reservations, his own sense was that the question had to be studied. The anniversary of the Universal Declaration on Human Rights should be used to highlight the role of the treaty bodies in underwriting the rule of law throughout the world. Their unique role, aimed ultimately at building a human rights culture should be emphasized.

ECKART KLEIN, expert from Germany, said the Committee had not taken a firm stand on the examination of reports in absentia, either in one direction or the other. Article 40 did not impede such a decision. It was not a question of equality, because the State could always appear before the body and the treaty body could exercise some influence on the State. At the moment, however, the question had no practical value, because there were so many reports before the Committee that some reports had to wait two years before being considered.

He said he agreed with the need for focused reports and did not support the idea of writing a letter concerning reservations in conjunction with other treaty bodies. The idea had to be discussed first, and it was not certain that the Committee itself could come up with such a letter. Once the Committee itself wrote such a letter within itself, then it could think about a consolidated letter comprising of all the thoughts of all the Committees.

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CECILIA MEDINA QUIROGA, expert from Chile, said that all should respond forcefully on the issue of staff and servicing. The situation was impossible. Committee members would stop appearing for meetings if servicing continued to deteriorate. She supported the issuance of a formal statement on the matter.

The consideration of country situations in the absence of their reports had not been explored, she said. While expressing reservations about the issuance of joint statements, she welcomed the paragraphs in the report on human rights training.

JULIO PRADO VALLEJO, expert from Ecuador, said that any attempt to limit the points raised in the reports of States parties was unacceptable. Every State would report in the way it felt comfortable. A State party should not be told in advance what its report should contain.

The chairpersons' report indicated the possibility of the meeting of chairpersons being established as a new organ which would give instructions. That was not the function of a meeting of chairpersons. For instance, parties were asked to report back; it was not the role of chairpersons to ask them to do so. The meeting of chairpersons should not step into work of the Committees, and it should not tell them what to do. Covenants existed for that purpose. The greatest concern was that the meeting of chairpersons was trying to do something at a level higher than the Committees, which was not the intention for which they were set up.

ABDALLAH ZAKHIA, expert from Lebanon, said a State which refused to submit a report was trying to neutralize the Committee's role. That required concerted action and indirect pressure at least. Such pressure could be exerted through a detailed request reflecting concerns regarding the human rights problems in the country, through whatever information was available.

MAXWELL YALDEN, expert from Canada, said the Committee should not leap to the assumption that consideration of a country's situation in the absence of its report was a good thing to do, as the report of the chairperson's meeting seemed to say. He agreed with the comments made about the dangers involved in creating a super body of chairpersons who would take it upon themselves to make statements and pronouncements that purported to represent the views of their individual Committees.

PRAFULLACHANDRA NATWARLAL BHAGWATI, expert from India, said the Committee should make a strong plea for proper support staff. It should draft a resolution strongly urging the High Commissioner to provide it with a proper staff, including a Secretary. The working group had been considerably handicapped last week by the absence of such support. The issue of reservations required a lot of discussion and should not be addressed just now. The examination of human rights situation in States which had failed to submit their reports was also a matter requiring detailed discussion before

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any conclusion could be reached. The chairpersons meeting should not be converted into a super institutional mechanism which could decide what should be done by the various treaty bodies. Rather, it should act as a coordinating body. He wholly supported the chairpersons' proposal on human rights training.

Ms. CHANET, Chairman and expert from France, said she wished to provide a few clarifications. On the financial implications of training programmes, she said it was not a matter of additional resources but of redeployment. The chairpersons were struck by the fact that a great deal of money had been spent on programmes which had not made an impact. What had been called into question was the way in which funds were being used. As for the chairpersons' meeting with States parties, it had been an informal meeting requested by the States. The only issue that kept recurring was that States were having problems producing the requested reports because of overlap among them.

The question of the discussion of reports in absentia was far from clear within the Committee itself, she said. There was a difference of views on that issue among the chairpersons, and the report reflected that. What counted was that no directive on the matter had been given to any of the Committees.

She said that certain Committees and States wanted the meeting of chairpersons to provide guidelines, and had demanded that a higher authority be given to that organ. Unity did create a strength which made it possible for the treaty bodies to put pressure on the High Commissioner in matters concerning staff shortages and restructuring. The tone of the report was imperative, but the contents indicated possible alternatives for reflection. It was not a question of the chairpersons issuing orders to a Committee. However, the chairpersons might have been tempted to take a stand because the future of the treaty body system was at stake. It also could not avoid discussions on the reporting system.

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