CEDAW/C/55/D/33/2011
particular had no legal protection in Uganda and had to pay bribes if they wished to
make a report to the police. 22
7.5 The author further submits that, on 30 October 2009, her counsel submitted
additional observations to the Refugee Appeals Board, including a reference to the
combined fourth, fifth, sixth and seventh periodic report of Uganda to the
Committee. 23 According to that report, the Ugandan authorities stated that a law
prohibiting female genital mutilation had been drafted and presented to Parliament.
That information was contrary to the information provided by the Ministry of
Foreign Affairs, which stated that such a law already existed in Uganda. The
author’s counsel therefore argued that her deportation to Uganda would be in
violation of the Convention and articles 2, 3, 7, 14 and 26 of the Covenant. He
considered that the author “risk[ed] inhuman treatment because she [was] a woman
and that the State party [was] not treating her on an equal footing with men, since
she [was] not protected against violations that only affect[ed] women”. The author
notes that the decision of the Board does not mention the additional observations of
30 October 2009 at all.
7.6 The author maintains that, while the Convention was indeed invoked before
the Danish asylum authorities on more than one occasion, there is not a single
reference to the Convention in the decision of the Refugee Appeals Board. She
submits that the Board has not even attempted to argue why she was not protected
under the Convention.
Issues and proceedings before the Committee concerning admissibility
8.1 In accordance with rule 64 of its rules of procedure, the Committee must
decide whether the communication is admissible under the Optional Protocol.
Pursuant to rule 66, the Committee may decide to consider the admissibility of the
communication separately from its merits.
8.2 In accordance with article 4 (2) of the Optional Protocol, the Committee is
satisfied that the same matter has not been and is not being examined under another
procedure of international investigation or settlement. In this context, the
Committee notes that the author’s communication submitted under the Optional
Protocol to the International Covenant on Civil and Political Rights was never
registered for consideration by the Human Rights Committee.
8.3 The Committee takes note of the author’s claims that her deportation to
Uganda would constitute a violation by Denmark of articles 1, 2 (c), 2 (d), 3 and 12
of the Convention. The Committee also takes note of the State party’s argument that
the communication should be declared inadmissible ratione loci and ratione
materiae under article 2 of the Optional Protocol, given that Denmark has
obligations under the Convention only vis-à-vis individuals under its jurisdiction
and cannot be held responsible for violations of the Convention, such as genderbased violence, expected to be committed by another State party outside Danish
territory and jurisdiction. The Committee further takes note of the State party’s
reference to the concept of jurisdiction in public international law, in addition to its
__________________
22
23
13-42827
Reference is made to the report of the United Nations High Commissioner for Human Rights on
activities of the Office of the United Nations High Commissioner for Human Rights in Uganda
(A/HRC/7/38/Add.2).
CEDAW/C/UGA/7, para. 175.
15/19
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