COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES FORTY-EIGHTH SESSION, GENEVA, 26 FEBRUARY - 14 MARCH
Press Release
RD/870
COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES FORTY-EIGHTH SESSION, GENEVA, 26 FEBRUARY - 14 MARCH
19960315 Considers Reports of Colombia, Denmark, Finland, Hungary, Russian Federation, Spain, United Kingdom, Zimbabwe; Adopts Statements on Terrorist Acts in IsraelGENEVA, 14 March (UN Information Service) -- The Committee on the Elimination of Racial Discrimination this afternoon concluded its forty-eighth session, during which it examined the measures taken by Zimbabwe, Russian Federation, Colombia, Denmark, United Kingdom, Finland, Hungary and Spain to combat racial discrimination.
The Committee, the first created by the United Nations to review actions by States in fulfilling their obligations under a specific human rights agreement, studied reports from those countries on their compliance with the International Convention on the Elimination of All Forms of Racial Discrimination.
During its three-week meeting, the Committee also studied information about the implementation of the Convention in States whose regular reports are overdue, and looked at countries listed under its early warning and urgent procedures mechanism. Within the framework of that mechanism, the Committee established a working group to contribute to a future constitutional conference in Rwanda, the convening of which would be a step to establishing a lasting peace in that country.
Concerning Bosnia and Herzegovina, the Committee decided to institute a process of consultation with that Government to determine how its good offices could be drawn upon in efforts to promote understanding between races and ethnic groups there. Through a text on the Federal Republic of Yugoslavia (Serbia and Montenegro), the Committee decided to resume the good offices work started in 1993 to help promote a dialogue for a peaceful solution of issues concerning respect for human rights in Kosovo, in particular the elimination of all forms of racial discrimination.
The Russian Federation was taken off the list of countries under the early warning and urgent procedures mechanism, as the situation there was examined during this session through the regular reporting process. Mexico and Algeria, whose periodic reports are due to be examined shortly, were also taken off the list.
Also during this session, the Committee adopted a statement denouncing the recent terrorist acts in Israel. Through another statement, the Committee called upon the United Nations Conference on Human Settlements (Habitat II), to be held in Istanbul next June, to give priority attention to residential segregation in any consideration of the right to live in dignity.
In addition, the Committee adopted two recommendations aimed at assisting the 146 States parties to the Convention to implement provisions of the Treaty. States parties are expected to take those recommendations into account when reporting to the Committee.
During its forty-ninth session, scheduled for 5 to 23 August, the Committee is expected to examine the situations in Brazil, Cambodia, China, Mauritius, Namibia, Panama, Republic of Korea, Swaziland, Venezuela and Zaire.
Action under Early Warning and Urgent Procedures
The Committee has instituted an "early warning and urgent procedures" mechanism that permits it to take measures aimed at preventing existing problems from escalating into conflicts, or to decide to initiate urgent procedures aimed at responding to problems requiring immediate attention to prevent or limit the scale or number of serious violations of the Convention. The following countries are listed under that mechanism: Israel, Guatemala, Liberia, Rwanda, Burundi, Croatia, Bosnia and Herzegovina, The former Yugoslav Republic of Macedonia and the Federal Republic of Yugoslavia (Serbia and Montenegro).
During this session, Mexico, Algeria and the Russian Federation were taken off the list. Action on the inclusion of Papua New Guinea was postponed until the publication of the report of the Secretary-General on the situation in the island of Bougainville.
In the framework of its possible contribution to the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina drawn up in Dayton, Ohio, United States, last year, the Committee decided to institute a process of consultation with Bosnia and Herzegovina to determine how its good offices could be drawn, in consultation with all parties concerned, in efforts to promote understanding between races and ethnic groups and to build a society free from all forms of racial or ethnic segregation or discrimination. The Committee invited the Government to cooperate in organizing a meeting between a delegation of the Committee and the newly established Commission on Human Rights for Bosnia and Herzegovina so as to place the Committee's experience at the disposal of that body.
Through a text on the Federal Republic of Yugoslavia, the Committee considered that the time had come to resume the good offices work it started to undertake in 1993 with the purpose of helping to promote a dialogue for a
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peaceful solution of issues concerning respect for human rights in Kosovo, in particular the elimination of all forms of racial discrimination. The Committee requests its Chairman to take up contacts with the authorities of that State in order to explore the possibilities of re-opening that dialogue. The Committee recalled that, at its forty-fourth session, its Chairman had proposed that a number of specific steps be taken with a view to normalizing the situation in Kosovo.
In a text on the situation in Rwanda, the Committee declared that the current efforts of the international community in Rwanda would not be sufficient to establish lasting peace, reduce the deep-seated causes of instability, and secure a return to democracy and the rule of law, unless structural measures were taken to secure agreement on the form of government acceptable to all people of Rwanda, to guarantee personal security for everybody and to build a democratic society. The Committee recommended the convening of a constitutional conference for that purpose, involving all parties to the conflict. The Committee is ready to assist in the preparation of such a conference in cooperation with other human rights bodies, notably the High Commissioner for Human Rights.
The panel had previously established a working group to contribute to a future constitutional conference in Rwanda.
Observations on Implementation of Convention
Concerning the United Kingdom, the Committee welcomed the legislative proposal to allow the Commission on Racial Equality to accept legally binding undertakings and the introduction of new legislative provisions to tackle the issue of persistent harassment.
With respect to Hong Kong, the United Kingdom had stated that South Asian residents of the territory were granted some form of British nationality, whether of a British National Overseas or a British Overseas Citizen, so that no resident of Hong Kong would be left stateless following the transfer of sovereignty to China. It was a matter of concern, however, that such status might not entitle the bearer to the right of abode in the United Kingdom and contrasted with the full citizenship status conferred upon a predominantly white population living in another dependent territory.
The Committee recommended that the State party submit information on why anti-discrimination legislation was not applied equally throughout the territory of the United Kingdom. Further, the panel recommended that the Race Relations Act be re-examined with a view to elevating its status in domestic law so that it may not be superseded by new rules or laws. The Committee also recommended that the United Kingdom reconsider its interpretation of article 4. (Article 4 calls for the prohibition of racial propaganda and racist groups which incite hatred between people.)
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The Committee also recommended that the question of citizenship status of Hong Kong residents belonging to ethnic minorities of Asian origin be reviewed to ensure that their human rights were protected and that they were not discriminated against, as compared with residents of other former colonies of the United Kingdom.
As for the 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 which promote 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.
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 that country. The general impoverishment of the country and the existence of tensions between various ethnic groups, which led to instances 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.
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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 (IMF) should be addressed.
Concerning Zimbabwe, the Committee noted with great appreciation the effort of the Government in power since independence in building democracy, justice, security, tolerance and stability in the country. But the Committee expressed concern at the absence of specific legislation to prevent and combat all forms of racial discrimination, in compliance with article 4 of the Convention. Concern was also expressed that parallel systems of private school for parents who could afford them and public school for others resulted in a racially segregated school system. Other matters of concern included the fact that not all minority languages were used in existing education programmes, and the persistence of a dual legal system regulating marriage and inheritance.
With respect to Colombia, the Committee welcomed recent legislative and institutional measures adopted by the Government to bring the national legislation into closer conformity with the Convention and to enhance the protection of human rights of indigenous and Afro-Colombian citizens. The Committee, nevertheless, expressed particular concern at the lack of effective implementation of policies aiming at guaranteeing to indigenous and Afro-Colombian communities the control of the quality of their environment and the exploitation of their territories.
Serious concern was also expressed at the lack of implementation of article 5 of the Convention, which lays the obligations of States parties with regard to the rights of everyone, without distinction as to race, colour or national and ethnic origin, to equality before the law. The Committee noted that various corroborating sources of information indicated the persistence of structural discriminatory attitudes in Colombian society towards the indigenous and Afro-Colombian communities. The Committee recommended that efficient mechanisms be immediately created by the Government to coordinate and evaluate the various policies, including the institutional aspects, of protection of the rights of indigenous and Afro-Colombian communities.
Regarding Denmark, the Committee noted its high standards regarding the protection of human rights and its affirmed commitment to implement the provisions of the Convention. It also welcomed recent steps to bring Danish law and practice into line with the Convention's requirements. However, the Committee also recalled that the comments of the official Danish Board for Ethnic Equality, among others, suggested that some governmental institutions were insufficiently sensitive to issues of racial discrimination. The Committee noted with concern that only three convictions had been registered
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in the past six years against members of neo-Nazi groups. The recent granting of licences to such groups to operate a radio station and a telephone number to which people allegedly could call to hear a message about why migrants and refugees should be deported was cause for special concern.
It was also noted with concern that officers of the Danish police had treated persons with a non-Danish background in an unacceptable manner. The Committee's recommendations included further action to protect the right of everyone to enjoy, without discrimination, the civil and political rights listed in the Convention, notably the rights to equal treatment within the criminal justice system and to security of person.
With regard to Finland, the Committee pointed to the establishment in the last few years of an Advisory Board for Refugee and Migrant Affairs, the ratification of the European Charter for Regional Minority Languages and the creation of a working group to draw up a programme of action against racism and discrimination as some of the positive measures taken by the Government to fight racial discrimination. Recent reforms of the constitutional framework and the Penal Code related to racial discrimination were also welcomed.
The Committee expressed deep concern over the significant increase of racially motivated acts and violence. The persistence of publications, organizations and political parties which promote racist and xenophobic ideas was a further serious worry. Concern was also expressed that article 4 of the Convention, providing for the criminalization of acts of racial discrimination, had not yet been fully implemented by the authorities. As regards the issue of land rights of the indigenous Saami people, the Committee expressed concern over the mining and other economic interests of national and international companies which might be threatening their way of life. Also, decisions to repatriate asylum-seekers had been taken without proper respect for international human rights and the norms of refugee law.
The Committee recommended that Finland adopt legislation clearly prohibiting and punishing racism and organizations that promoted and incited racial discrimination. It also recommended that the Government ensure thorough investigation of cases of alleged mistreatment of ethnic minorities and foreign persons by the police. The panel suggested that the Finnish Government draft and implement a clear policy of Saami land rights in order to better protect and preserve the property rights and way of life of that minority group. It also suggested that special measures be taken on behalf of the Romany people to ensure their full enjoyment of human rights, especially in the field of education.
With regard to the situation in the Russian Federation, the Committee welcomed the establishment in 1993 of a special Commission on Human Rights, and noted with satisfaction that a parliamentary group had been mandated to investigate human rights and international humanitarian law violations in the
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Chechen conflict. The Committee also took note of the entry of the Russian Federation in the Council of Europe and expressed the hope that the Government would soon ratify the Council's Convention for the Protection of Human Rights and Fundamental Freedoms.
The Committee, however, expressed concern about the current shortcomings in the general legal national framework for protecting all persons against discrimination, and strongly recommended that the Government take concrete and appropriate measures to outlaw and combat all organizations and political groups that promote racist ideas, as provided by article 4 of the Convention. The panel also recommended that special attention be paid to minority and indigenous groups living in the Northern Territories. It strongly recommended the State party to urgently take all measures to restore peace in Chechnya. It further recommended that the State party guarantee the rights of all victims, especially refugees, of the conflict in Ingushetia and North Ossetia and to provide, in its next report to the Committee, information on the situation there and in Chechnya.
Concerning Hungary, the Committee welcomed the fact that Hungary had accepted the Committee's competence to examine individual complaints of racial discrimination coming from that country. The substantial steps in the transition towards democracy and pluralism in Hungary were also welcomed. Hungary was commended for its new policy of active and preventive protection of minorities, based on principles of preservation of their self-identity.
Nevertheless, the Committee expressed grave concern at the persistence of expressions of racial hatred and acts of violence, including from the part of neo-Nazis and "skinheads", towards, in particular, Gypsies, Jews and people of African origin. The panel expressed alarm that the Government had not been sufficiently active in countering acts of racial violence against members of minority groups. Alarm was also expressed at the apparent harassment and use of excessive force by the police against Gypsies and foreigners. The persistent marginalization of the important Gypsy population, in spite of continuing efforts of the Government, was another matter of serious concern. The Committee urged the Government to take more active steps to prevent and counter racial violence. It recommended an extreme vigilance against the neo-Nazi and "skinhead" movements and a stronger commitment to ensure that there was no racism in law enforcement. It also recommended that, among other things, the State party comply fully with its obligations under article 4; and increased attention to the enjoyment of all their human rights by the Gypsies.
Statement on Terrorist Acts in Israel
Following the recent terrorist attacks in Israel, the Committee issued the following statement this afternoon:
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"At its 1064th meeting on 16 August 1994, the Committee on the Elimination of Racial Discrimination adopted its decision 3(45) expressing grave concern over terrorist acts victimizing certain racial, ethnic and national groups. It condemned all forms of terrorism and stressed the necessity of strengthening international cooperation to prevent such attacks.
"In the same spirit, the Committee condemns and denounces the recent terrorist acts in Israel resulting in the indiscriminate killing of innocent people.
"The Committee joins the Secretary-General of the United Nations in calling on the international community to stand together, to speak out and to unite in action against all acts of terrorism. The Committee reiterates that there is no justification whatsoever for such acts.
"The Committee expresses its resolute and full support for the Middle East peace process and for what has been so painstakingly achieved by Israel and the Palestinian Authority in the interest of the Israeli and Palestinian peoples."
General Recommendations
The Committee also adopted recommendations aimed at assisting States to implement provisions of the Convention. States parties are expected to take those recommendations into account when reporting on the measures they have taken to implement the Convention.
The recommendations adopted during this session relate to articles 5 and 2 of that Convention, dealing with equality before the law and the adoption of policies to end racial discrimination, respectively. Under the terms of the former, States parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality in the enjoyment of the civil, political, economic, social and cultural rights listed in article 5. The recommendation underlines that this list is not exhaustive. Article 5, apart from requiring a guarantee that the exercise of human rights shall be free from racial discrimination, does not itself create those rights, but assumes their existence and recognition. The Committee recommends that States parties report about the non-discriminatory implementation of each of the rights and freedoms mentioned in article 5 individually.
The second general recommendation relates to aspects of article 2 of the Convention, under which States parties are enjoined to take special and concrete measures to ensure the adequate development of certain racial groups, or individuals belonging to them, in order to guarantee them the full and equal enjoyment of human rights and fundamental freedoms. The recommendation
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notes that in accordance with article 2 of the Convention and other international human rights instruments, governments should be sensitive to the rights of persons of ethnic groups, particularly their right to lead lives of dignity, to preserve their culture, to share equitably in the fruits of national growth, and to play their part in the government of the country of which its members are citizens.
The Committee further recommends that governments should consider vesting persons of ethnic or linguistic groups comprised of their citizens with competence to administer affairs of particular relevance to the preservation of the identity of such groups. But the Committee emphasizes that, in accordance with the Declaration of the General Assembly on Friendly Relations, "none of its actions should be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States conducting themselves in compliance with the principles of equal rights and self-determination of peoples and possessing a government representing the whole people belonging to the territory without distinction as to race, creed or colour".
Statement to Habitat II
Concerning the Second United Nations Conference on Human Settlements, the Committee 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 racial segregation can arise without any initiative or direct involvement by
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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 of 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."
Committee Membership, Officers
The members of the Committee, elected in their individual capacity are: Mahmoud Aboul-Nasr, of Egypt; Hamzat Ahmadu, of Nigeria; Michael Parker Banton, of the United Kingdom; Theodoor van Boven, of the Netherlands; Ion Diaconu, of Romania; Eduardo Ferrero Costa, of Peru; Ivan Garvalov, of Bulgaria; Régis de Gouttes, of France; Andrew Chigovera, of Zimbabwe; Carlos Lechuga Hevia, of Cuba; Yuri A. Rechetov, of the Russian Federation; Shanti Sadiq Ali, of India; Agha Shahi, of Pakistan; Michael E. Sherifis, of Cyprus; Zou Deci, of China; Luis Valencia Rodriguez, of Ecuador; Rüdiger Wolfrum, of Germany; and Mario Jorge Yutzis, of Argentina.
Mr. Banton is the Committee's Chairman. The Vice-Chairmen are Mrs. Sadiq Ali, Mr. Ferrero Costa and Mr. Garvalov. The Rapporteur is Mr. Chigovera.
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