COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES FIFTIETH SESSION AT GENEVA, 3 - 21 MARCH
Press Release
RD/876
COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES FIFTIETH SESSION AT GENEVA, 3 - 21 MARCH
19970401 (Reproduced as received; delayed in transmission.)GENEVA, 21 March (UN Information Service) -- The Committee on the Elimination of Racial Discrimination adjourned today its three-week fiftieth session after considering reports from the United Kingdom, Guatemala, Belarus, Luxembourg, Germany, Pakistan, Belgium, Iceland, Iraq, Bulgaria, Mexico, Panama and Swaziland.
These countries, among 148 to have ratified the International Convention on the Elimination of All Forms of Racial Discrimination, are required by the terms of the treaty to provide the Committee with periodic summaries on their efforts to combat discrimination in public and private life. Government representatives were on hand to introduce these reports and to answer questions from Committee members.
In addition, the Committee discussed situations in several countries with reports long overdue -- Afghanistan, Bahamas, Dominican Republic, Jordan, Nepal and Cameroon -- and reviewed the situations in Burundi, Bosnia and Herzegovina and Rwanda under its procedure for early warning and urgent problems.
Brief mention was made by designated Committee rapporteurs on this final day of the session of situations in two countries with reports long overdue and which had not sent government representatives to meet with the Committee: the Seychelles and Mongolia.
Formal, concluding observations were issued at the end of the session on periodic country reports considered, with the exception of those of Iraq and Mexico. Remarks on those documents will be finalized during the panel's next session, scheduled to take place from 4 to 22 August.
The next session is expected to include consideration of reports from Algeria, Burundi, Switzerland, Norway, Sweden, Burkina Faso, Denmark, Poland, Argentina, Cambodia and the former Yugoslav Republic of Macedonia. Review is also planned of situations in the following countries with reports long
overdue, or which are parties to the Convention but have never submitted reports: Ethiopia, Niger, Lebanon, Cuba, Yugoslavia, Papua New Guinea, Haiti, Israel, Guyana, Liberia, and Suriname. Scheduled for consideration under the Committee's early warning and urgent procedure are Rwanda, Zaire, Israel, Bosnia and Herzegovina, and Papua New Guinea.
Early Warning and Urgent Procedure
Formal, concluding observations were not issued by the Committee on the situations in Burundi, Bosnia and Herzegovina, and Rwanda, but lengthy discussions were held with representatives of those Governments.
During discussion of the situation in Burundi, Régis de Gouttes, Committee Expert from France, who served as rapporteur on the subject, said that information from a number of sources, including the Special Rapporteur on Burundi of the United Nations Commission on Human Rights, indicated that the country was in an increasingly uncertain situation where violence and massacres increasingly took place. It was reported that many Tutsi youth had been forced into serving in the army, and that a trial soon would be carried out against leaders of the putsch of several years ago; that little progress had been made by the Government in establishing peace. Amnesty International had noted that last July and August some 75,000 refugees, after threats and brutality by security forces, had left Burundi. The Special Rapporteur cited targeted murders, enforced disappearances, and arbitrary arrests, attributable both to Tutsi and Hutu forces, but pointed out that the Government had a heavy responsibility for the carrying out of number of these acts. The Secretary-General had warned that a genocide could occur in Burundi if these disturbing trends continued. Over 6,000 deaths had been reported in several provinces of the country. Members of NGOs and humanitarian institutions had been killed as well, including members of the Red Cross.
Appolonie Simbizi, Permanent Representative of Burundi to the United Nations Office at Geneva, said it was true that at present there were problems in the country, but to understand what was happening one had to understand complex problems of political evolution. Those who had visited the country knew that the term "ethnic division" did not apply to the country -- the people involved were one people with one history. It was too simple to say that Tutsi and Hutus were killing each other. Problems dated from turbulence with the end of the colonial period in 1959, when politicians with purely personal motives for power exploited divisions in the population and spread dissention. Unfortunately, cycles of violence had occurred over decades, since 1965. Assassination of the President in 1993 had made things worse, and had stalled progress toward democracy; large-scale massacres followed, fanned by ethnic propaganda. Bipolarization within the Burundi Government had frozen efforts to end these problems and speed return to Constitutional democracy. One could not have a democracy if there was no peace and no bread. Burundi
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itself had urgently requested an increase in the number of human-rights observers, Ms. Simbizi said.
During review of the situation in Bosnia and Herzegovina, Zeljko Jerkic, Minister-Counsellor of the country's Ministry of Foreign Affairs, said more than 200,000 were killed in the 1992-95 civil war; another 200,000 wounded, half of them seriously; 13,000 handicapped; 10,000 children killed; almost 20,000 children without one or both parents; more than 20,000 still missing, or "disappeared". The country's infrastructure had been decimated. The situation was complex and difficult, he said; there was a lack of political will at the highest levels of the various political parties, and it was hard to know where to begin in overcoming the tragedy. To recover required the full cooperation of all the country's institutions. The Constitution, on the positive side, provided a high level of protection in terms of human rights, there was an ombudsman for human rights, and a Human Rights Chamber. Other Government bodies were struggling to help with the problems of displaced and missing persons, and of refugees.
Members of the Committee asked how the Committee could help, and Mr. Jerkic asked that the Committee not abandon the country, but be patient; attempts would be made to establish more frequent contact between the Bosnian Mission to United Nations and the Committee, and between the Committee and the Government in Sarajevo.
Discussion of the situation in Rwanda included statements by Government representatives to the effect that jails and detention centres were flooded with suspects awaiting trial in connection with the 1994 genocide carried out in the country, that there was a severe shortage of defense lawyers that meant not all those brought before courts had legal representation, and that there was a lack of sufficient housing to accommodate both current residents and thousands of returning refugees. Over 80,000 persons were awaiting trial on charges related to massacres and genocide, they said. Massive international assistance, along the lines of a Marshall Plan, was needed in Rwanda, said Eugene R. Gasana, Permanent Representative of Rwanda to the United Nations Office at Geneva. The international community, looking at the situation, only saw Hutus and Tutsis, he said; instead it should look and see Rwandans.
Shanti Sadiq Ali, Committee expert from India, who served as rapporteur on the situation in Rwanda, said, among other things, that the country's greatest need at the moment was for help with the judicial system and with carrying out national reconciliation.
Observations on Country Reports
The Committee lauded various measures taken to increase the participation of members of ethnic minorities in public and Government office,
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and in the ranks of the police of the United Kingdom, and it said adoption of the country's Housing Act of 1996 to combat racial discrimination in that field was a positive step.
It expressed concern over continuing failure to incorporate questions relating to the racial or ethnic origin of persons in the Northern Ireland population census questionnaires, and recommended that the United Kingdom consider giving full effect to the incorporation of the Convention within the country's legal order, and consider adopting a Bill of Rights including the principles and provisions of the Convention. It also recommended that further consideration be given by the authorities of Guernsey, Jersey, the Isle of Man, the Cayman Islands, Montserrat, and the Turks and Caicos Islands to the adoption of specific legislation prohibiting racial discrimination, and that special attention be given by the Government of Hong Kong to the situation of the foreign workers subject to the "two-week rule" in force there.
Cited among positive aspects to the situation in Guatemala were the country's Agreement on Identity and Rights of Indigenous Peoples and its Agreement for the Resettlement of Uprooted Populations, both signed in the process of concluding peace agreements following decades of internal conflict.
Concern was expressed, among other things, over a "climate of violence and intimidation which still exists in the State party and that the detrimental effects of this climate are mostly borne by the indigenous population". Among the Committee's recommendations were that the Guatemalan Government continue and strengthen efforts to change the climate of violence and support rapid disarmament; that it continue the process of incorporating the prohibition of racial discrimination into national legislation; and that it take effective measure to end the impunity of State officials who acted illegally and guarantee the availability of remedies and due process for all members of the population.
Establishment by Belarus of a Coordinating Council for National Minorities and the forthcoming establishment of an ombudsman's office were described as positive developments by the Committee, but it cited concern, among other things, over a lack of information on implementation of various laws relating to protection against racial discrimination.
It was recommended, among other things, that the Government study the reason for the absence of prosecutions relating to racial-discrimination offenses; that training on the principles and rights contained in the Convention be provided to law-enforcement officials, judicial personnel, teachers, and social workers; and that specific legislation be adopted to prohibit racial discrimination by private groups or organizations.
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High standards for promotion and protection of human rights in Luxembourg, and commitment to implementing the Convention, especially for the high proportion of foreign residents -- over 35 per cent of the total population -- were praised by the Committee. Concern was expressed that some racist and xenophobic incidents had occurred during 1994.
The Committee recommended that the Government amend article 455 of its Penal Code to bring it fully into line with the Convention; that further information be provided in the country's next report on the number of complaints of racial discrimination and the outcome of prosecution of such cases; and that stronger penalties be introduced for acts of slander and/or defamation of a racial character.
Satisfaction was noted by the Committee at the significant decrease in criminal offenses against foreigners and asylum seekers and of other expressions of racial discrimination and violence in Germany since the country's last report, and at the extensive legislative, administrative, and judicial measures taken by German federal and provincial authorities aimed at rendering the prohibition of racial discrimination and the protection of victims more effective.
It nonetheless expressed concern over manifestations of xenophobia, anti-semitism, racial discrimination, and racial violence that still occurred on a substantial scale in Germany, remarking that -- despite the Governments efforts to prevent these acts -- it appeared that such manifestations could reflect deep-seated prejudices and latent fears still prevailing in certain sectors of the population. It recommended, among other things, that German authorities give serious consideration to enactment of a comprehensive anti-discrimination law and to establishing a national institution to facilitate implementation of the Convention; that the Government find ways of extending benefits similar to those enjoyed by the Danish and Sorbian minorities to all ethnic groups living in Germany; and that the country's forthcoming report address, among other things, issues of racial discrimination in the private sector and investigation and prosecution of xenophobic offenses, in particular by members of the police force.
Creation of a Ministry of Human Rights in Pakistan was welcomed, and the Committee also approved of the repeal of the country's former separate electoral system, which allowed members of minorities to vote only for certain reserved seats in elections.
The Committee expressed concern, among other things, over Government policy which recognized only religious minorities, and did not recognize ethnic, linguistic, or racial groups living in the country as "minorities". Among its recommendations were that information be provided in the next report on the ethnic and racial origins of the population; that information be
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furnished on which languages were allowed in conduct of the courts and administrative operations; and that more attention be paid to establishment of training programmes aimed at familiarizing law-enforcement officials, judges, magistrates, teachers, and social workers with the standards of the Convention.
Cited among positive developments in Belgium were the role played by the country's Centre for Equal Opportunity and Action to Combat Racism, which investigated complaints of acts of discrimination, carried out training courses for the police and the judiciary, and undertook programmes to influence public opinion. Concern was cited, among other things, that laws strongly prohibiting certain acts inspired by racism or xenophobia were not being sufficiently implemented.
Among the Committee's recommendations were that the Government take the necessary legal measures to declare illegal and prohibit organizations which encouraged or incited racial discrimination; and that further information be provided on the activities of the Centre for Equal Opportunity and Action to Combat Racism, especially on the number of complaints filed with it and the results of the complaints.
The Committee welcomed, among other things, a recent declaration by Bulgaria under article 14 of the Convention, recognizing the competence of the Committee to receive communications from individuals. Among matters of concern it mentioned the disproportionate effects on members of ethnic minorities of the economic crisis being experienced by the country, and concern at the persistence of expressions of racial hatred and acts of violence, particularly by neo-Nazi skinheads and others, towards persons belonging to minorities, especially Bulgarian citizens of Roma origin.
Among the recommendations made by the Committee were that increased attention be paid to the protection of the civil, political, economic, social, and cultural rights of Roma; that more active steps be taken to prevent and counter attitudes and acts of racial violence against individuals; and that immediate steps be taken to prevent and combat cases of excessive use of force by members of security forces.
The Committee lauded 1995 amendments to the Constitution of Iceland to reflect provisions of human-rights treaties to which Iceland was a party, and also welcomed the 1996 amendment to the country's Personal Names Act, abolishing the requirement that naturalized foreigners assume Icelandic-sounding family names.
Concern was expressed that among four recommendations by the Committee on Iceland's previous periodic report, only one had been implemented, and that only partially. Among the Committee's recommendations were that further
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publicity be given to Iceland's declaration under article 14 (allowing individual complaints to be made directly to the Committee) so as to make that recourse more widely available to residents of Iceland; and that further information be provided on the country's naturalization law and its mechanisms.
Mentioned among positive aspects to the report of Swaziland were legislation to combat racial discrimination, including a Race Relations Act, Employment Act, and new Citizenship Act.
Concern was cited over a lack of information on the status of articles of the Convention related to condemnation of racial discrimination, the taking of effective measures to review legislation and laws and rescind those of a discriminatory nature, and the provision of effective protection against and remedies for acts of discrimination; and over failure to adopt legislative, administrative, and other measures implementing fully various provisions of the Convention. The Committee recommended, among other things, that the provisions of the Convention be taken into account in the process of elaboration of a new draft Constitution for the country, that a core document providing basic information on the country be provided to the Committee, and that the Government consider seeking technical assistance from the Centre for Human Rights.
The Committee welcomed, among other things, adoption of a law establishing an ombudsperson for human rights in Panama, and the recent implementation of two training programmes on human rights for law-enforcement personnel. It cited concern that within the Government of Panama no coordinating body had been clearly established for matters related to the Convention, and that no complaints of racial discrimination had been filed with appropriate Governmental bodies by individuals or groups during the last ten years, although int some cases there were reports that rights covered by the Convention were not fully respected.
Among the Committee's recommendations were that Panama take appropriate measures to allow full enjoyment by different groups of society, such as indigenous people or members of the black and Asian minorities, of the rights recognized by the Convention, with special attention to implementation of provisions of the Convention related to housing, access to health and social services, and education; that the Government actively pursue its current efforts to fully implement the right of indigenous people to own property and land; that it investigate and monitor the impact of the work of mining companies, including foreign ones, as well as the impact of the development of tourism, on the enjoyment of the basic rights of indigenous peoples; and that it take appropriate measures to enable indigenous person to participate in elections and to provide them with equal access to employment in the public service.
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Committee Membership, Officers
The members of the Committee, elected in their individual capacity, are Mahmoud Aboul-Nasr (Egypt); Hamzat Ahmadu (Nigeria); Michael Parker Banton (United Kingdom); Theodoor van Boven (Netherlands); Ion Diaconu (Romania); Eduardo Ferrero Costa (Peru); Ivan Garvalov (Bulgaria); Régis de Gouttes (France); Andrew Chigovera (Zimbabwe); Carlos Lechuga Hevia (Cuba); Yuri A. Rechetov (Russian Federation); Shanti Sadiq Ali (India); Agha Shahi (Pakistan); Michael E. Sherifis (Cyprus); Zou Deci (China); Luis Valencia Rodriguez (Ecuador); Rüdiger Wolfrum (Germany); and Mario Jorge Yutzis (Argentina).
Mr. Banton is Chairman. Vice-Chairpersons are Mrs. Sadiq Ali, Mr. Ferrero Costa, and Mr. Garvalov. Rapporteur is Mr. Chigovera.
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