CERD/C/106/D/61/2017
4.13 Therefore, the Committee is of the view that, in order to comply with its obligations
under article 5 (d) (iv) of the Convention, not only must the State party refrain from
prohibiting the celebration of indigenous marriages (para 2.3) and the issuance by traditional
indigenous authorities of registration certificates for marriages officiated in their territories,
but it must also take all necessary steps, in cooperation with the traditional indigenous
authorities, to record such marriages in the civil register where they are not contrary to other
international human rights obligations or to requirements under national law for the
celebration of marriages. If this had happened in the present case, the petitioner and Ms.
Lavinas Picq would have enjoyed the same civil rights as individuals whose marriage is
recognized by the civil registry. In light of the foregoing, the Committee finds that the facts
before it disclose a violation of the petitioner’s rights under article 5 (d) (iv) of the Convention.
5.
In the circumstances of the case, the Committee, acting under article 14 (7) (a) of the
Convention, considers that the facts before it disclose a violation by the State party of article
5 (d) (iv).
6.
The Committee recalls that, in keeping with a customary norm that constitutes one of
the fundamental principles of contemporary international law on the responsibility of States,
any violation of an international obligation that has resulted in harm entails a duty to
comprehensively repair that harm.16 Therefore, the State party should, inter alia, (a) record
the petitioner’s marriage to Ms. Lavinas Picq in the civil register so that they may apply for
a family reunification visa; (b) provide appropriate compensation to the petitioner for the
harm caused; (c) apologize to the petitioner for the violation of his rights; (d) amend its
legislation in keeping with the present opinion to provide for the recognition and registration
of marriages officiated by traditional indigenous authorities in accordance with their customs
and customary law that are not contrary to other international human rights obligations or to
requirements under national law for the celebration of marriages; (e) establish a training
programme for civil registry officials and the judiciary and other court personnel regarding
the validity and recognition of indigenous marriages officiated by traditional authorities; and
(f) disseminate this opinion widely and translate it into the Kichwa language.
7.
The Committee requests the State party to provide, within 90 days, information on the
steps taken to give effect to the present opinion.
16
10
International Court of Justice, The Factory at Chorzów, judgment on the merits, 13 September 1928,
p. 47.
GE.22-11683