ANTI-DISCRIMINATION COMMITTEE ADOPTS OBSERVATIONS ON SITUATIONS IN SPAIN, FINLAND AND MADAGASCAR

14 March 1996

Press Release
RD/869

ANTI-DISCRIMINATION COMMITTEE ADOPTS OBSERVATIONS ON SITUATIONS IN SPAIN, FINLAND AND MADAGASCAR

19960314 Also Adopts Statements on Residential Segregation for Habitat II

GENEVA, 14 March (UN Information Service) -- The Committee on the Elimination of Racial Discrimination this morning expressed concern over the increasing manifestations of racism and xenophobia in Spain, despite a number of noteworthy measures taken by the Government, as well as adopting observations on Madagascar and Finland and a statement on residential segregation for the United Nations Conference on Human Settlements (Habitat II).

According to the Committee, which is charged with monitoring the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, the occurrence of racist attitudes on the part of members of the Spanish police and the Civil Guard seemed to be increasing, although the number of convictions in relation to such cases did not seem to rise proportionately. The panel in adopting a set of observations on the situation in Spain also expressed concern over discriminatory behaviour towards foreigners, asylum seekers and members of the Gypsy community.

Also this morning, the Committee decided to keep Burundi in the list of countries under the panel's early warning and urgent action procedure. In taking this decision, the Committee recalled that its previous urgent requests to the Government of Burundi for information on the situation in the country had remained unanswered. The situation in Liberia, another country under the procedure, will be examined during the Committee's next session, in August. The status of Guatemala will be reviewed during the next session, taking into consideration that the Government has submitted new information. Meanwhile, the Committee adopted, without discussion, observations on the situations in the Gambia, Côte d'Ivoire and Guinea. Those Governments, whose reports are excessively overdue, have not responded to repeated requests for information.

In further action, the Committee called upon Habitat II to be held in Istanbul in June, to give priority attention to residential segregation in any consideration of the right to live in dignity. The expert body stated that it regarded the gathering as an opportunity to reaffirm the right to housing as one that shall be available without racial discrimination.

The Committee also discussed the distinction being made in an increasing number of countries between citizens and foreigners in the enjoyment of rights, an issue that raised concern. That subject will be discussed during the fiftieth session, based in part on preliminary work to be conducted by Committee member Theodor Van Boven, expert from the Netherlands.

Observations on Situation in Spain

The Committee noted with satisfaction that measures had recently been adopted to intensify the fight against racial discrimination and xenophobia and to bring Spanish law more into line with the requirements of the Convention.

However, the Committee expressed concern that, despite those noteworthy measures, there were increasing manifestations of racism and xenophobia. The panel was also concerned over discriminatory behaviour towards foreigners, asylum seekers and members of the Gypsy community. It noted with concern that the occurrence of racist attitudes on the part of members of the police and the Civil Guard seemed to be increasing, though the number of convictions in relation to such cases did not seem to increase proportionately.

While the wide autonomy enjoyed by the autonomous communities in Spain in the field of education was welcomed, it was noted with concern that in Catalonia and the Basque country, it might be difficult for the children of the Castilian-speaking minority to receive education in their mother-tongue. Serious concern was also expressed with regard to the status of neo-Nazis and other extreme-right organizations which spread racist ideas. It was doubtful whether Spain fully implemented article 4(b) of the Convention, under which States parties undertake to prohibit organizations and propaganda which promoted incitement to racial discrimination.

The Committee recommended that the Spanish authorities urgently adopt more effective measures to contain and punish racist behaviour and xenophobia in all their forms, in particular through the training of members of the security forces, of the judiciary and other officials and through close surveillance of extreme-right organizations. It also recommended that the enjoyment by everyone, without discrimination, of the rights listed in the Convention, be ensured. In that regard, it particularly recommended the strengthening of the attention given to the members of the Gypsy community.

Observations on Situation in Finland

The Committee started adopting observations on the situation in Finland on 12 March. This morning, the panel recommended that the Government of Finland do everything within its power to enable Saami children to pursue their studies in the primary and secondary levels in their mother tongue.

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Observations on Situation in Madagascar

With regard to Madagascar, the Committee noted that no new report had been received from that State party since 1989. The Committee expressed grave concern at the continuing deterioration of living conditions in the country. The general impoverishment of the country and the existence of tensions between various ethnic groups, which led to phenomena of racial or ethnic discrimination, were a matter of anxiety. The Committee requested the Government to submit without delay a report containing information relating to the composition of the population and to its ethnic characteristics, as well as to the recent evolution of the political, social and economic situation. Issues such as inter-ethnic tensions, discrimination against the Indo-Pakistani community, the increasing impoverishment of the rural population, the acute lack of social services -- which intensified discrimination between ethnic groups -- the alarming situation of education and the social impact of structural adjustment programmes under the auspices of the International Monetary Fund, should be addressed.

The report should also describe existing penal legislation implementing article 4 of the Convention, which provides for the prohibition of the dissemination of racist propaganda, among other things.

Statement to Habitat II

The Committee also adopted the following statement:

The Committee on the Elimination of Racial Discrimination regards the convening of the Second United Nations Conference on Human Settlements as an opportunity to reaffirm the right to housing as one that shall be available without racial discrimination in accordance with article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination.

Like other treaty bodies, the Committee believes that the right to housing should be interpreted as a right to live somewhere in security, peace and dignity. In its general recommendation XX, the Committee has affirmed that to the extent that private institutions influence the exercise of rights detailed in article 5 of the Convention, States parties must ensure that the result has neither the purpose nor the effect of creating or perpetuating racial discrimination.

In its general recommendation XIX, the Committee observed that in many cities residential patterns are influenced by group differences in income which are sometimes combined with differences of race, colour, descent, national or ethnic origin, so that inhabitants can be stigmatized and individuals suffer a form of discrimination in which racial grounds are mixed with other grounds. The Committee therefore affirmed that a condition of

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racial segregation can arise without any initiative or direct involvement by the public authorities. It has invited State parties to monitor all trends which can give rise to racial segregation, to work for the eradication of any negative consequences that ensue, and to describe any such action in their periodic reports.

The economic, social and psychological consequences or residential segregation are far-reaching. They limit access to many kinds of service, both public and private. They distort participation in political processes. They affect the formation and maintenance of social groups. They can lead to segregation in education. In particular, they influence the sense of moral worth, or the lack of it, which children acquire otherwise as they grow up in favoured or in stigmatized neighbourhoods.

For these reasons, the Committee calls upon the Conference on Human Settlements to give priority attention to residential segregation in any consideration of the right to live in dignity.

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