COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES FIFTY-FIRST SESSION
Press Release
RD/879
COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES FIFTY-FIRST SESSION
19970902 (Reissued as received; delayed in transmission.)GENEVA, 22 August (UN Information Service) -- The Committee on the Elimination of Racial Discrimination concluded its fifty-first session this afternoon after adopting its annual report.
In three weeks of intensive work, the Committee, in charge of monitoring the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, considered reports from Algeria, Philippines, Denmark, Poland, Sweden, the former Yugoslav Republic of Macedonia, Argentina, Norway, Burkina Faso and Burundi.
These countries, among the 148 States parties to the Convention, were required by the terms of the treaty to provide the Committee with the periodic summaries on their efforts to combat discrimination in public and private life. Government representatives were on hand to introduce these reports and answer questions from Committee members.
In addition, the Committee examined situations in several countries with reports long overdue -- Ethiopia, Haiti, Guyana, Suriname and Israel -- and considered the prevention of racial discrimination in Israel, Bosnia and Herzegovina, the Democratic Republic of the Congo and Papua New Guinea under its early warning and urgent procedures mechanism.
The Committee also discussed the functioning of treaty bodies and adopted a general recommendation concerning indigenous peoples. General recommendations aim to provide guidance to States parties in their implementation of the different provisions of the Convention.
Following an exchange this afternoon on the Third Decade to Combat Racism and Racial Discrimination, the Committee regretted it had few contacts with the Special Rapporteur on racism of the Commission on Human Rights. It also noted that it should hold a central role in preparatory work on the convening of a World Conference on Racism and Racial Discrimination, Xenophobia and Related Intolerance.
The Committee will meet again from 2 to 20 March to consider reports from Switzerland, Cambodia, Libya, Ukraine, Netherlands, Russian Federation,
Czech Republic, Yugoslavia, Lebanon, Armenia, Israel and Cameroon. The expert group also plans to review situations in the following countries, which are responsible for delays in reporting or for non-reporting: the Democratic Republic of the Congo, Mauritania, Ghana, Syria, Costa Rica, Portugal, Uruguay, Bangladesh, Antigua and Barbuda, Bahrain and Saint Lucia. Scheduled for consideration under the Committee's early warning and urgent procedures mechanism are Rwanda, the Democratic Republic of the Congo, Bosnia and Herzegovina, and Papua New Guinea.
Observations on Country Reports
The Committee recognized that Algeria faced economic, social and political challenges, and that the climate of violence existing in the country since 1989 severely affected the population and was an additional and serious obstacle to the full implementation of the Convention.
Among other recommendations, the Committee called on the Government of Algeria to ensure the enjoyment, by everyone and without discrimination, of the right to security of person and protection against violence or bodily harm. Further information was required in the following reports on the composition of the population and social indicators reflecting the situation of ethnic groups, and to describe all the legislative, judicial, administrative and other measures which give effect to the provisions of the Convention. Moreover, the Committee recommended that the next report contain available information on complaints and court cases relating to acts of racial discrimination and the right of individuals to seek adequate reparation for any damage suffered as a result of such discrimination. Finally, it recommended that the Government continue and strengthen its efforts in human rights training activities for judges, lawyers and magistrates.
The Committee noted with satisfaction the various measures adopted by the Philippines with the effect of preventing and combating disparities between various ethnic groups and appreciation was expressed at the many steps taken towards peaceful settlement of the conflict between the Government and the Muslim Filipino community in the southern part of the country.
The Committee recommended, among other things, that priority attention be given to the enactment of bills related to indigenous cultural communities and Muslim Filipinos pending before Congress; that enabling laws be adopted to give full effect to constitutional provisions dealing with the promotion and protection of human rights, in particular, the rights protected by the Convention, and that domestic legislation be amended to prohibit racial discrimination as defined by the treaty. The State party should also give more information in the next report on measures promoting the interests and welfare of the indigenous cultural communities and Muslim Filipinos and ensure that the provisions of the Convention are more widely disseminated. Moreover, concern was expressed at the reported cases of disappearances, forced
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evictions and displacements of indigenous peoples and Muslim Filipinos, and at ineffective and cumbersome judicial procedures.
Among recommendations made in connection with a report from Denmark, the Committee called on the Government to review measures taken guaranteeing economic and social rights of residents of non-Danish ethnic or national origin and requested further information on compensation for the population of the Thule, Greenland, who have been displaced from their traditional hunting grounds and places of settlement. The Committee also asked for the State party to provide in its next report up-to-date information concerning judgements of cases of racial discrimination.
Several positive legislative measures taken to combat ethnic discrimination were welcomed by the Committee, in particular, in the labour market, as well as efforts to facilitate the integration of refugees and immigrants. Concern was expressed, however, on the prosecuting of racial discrimination which focused too much on propaganda activities while treating other means of disseminating racist ideas as minor offenses. Moreover, organizations using racist propaganda to incite racial discrimination were not declared illegal and not prohibited.
Mentioned among positive aspects in relation with a report of Poland were the adoption by the National Assembly of a new Constitution, which will enter into force on 17 October 1997, and measures taken to promote cases of incitement to racial hatred and to protect minorities.
Concern was expressed at the several cases of violent racist acts targeting especially Jews and Roma minorities, and at the insufficient legal framework to declare illegal and to prohibit non-political groups and associations which disseminate ideas based on racial superiority or hatred. The Committee recommended that the State party take all measures required under the Convention to prohibit their existence and to guarantee more fully economic, social and cultural rights of minority groups, including rights to work and to housing. Moreover, Poland should clarify in its following report the status of the Convention in relation to domestic law and increase its efforts to give children belonging to minorities fuller access to education in their own language.
In observations on a report from Sweden, the Committee expressed concern about, among other things, the activities of various organizations founded on ideas or theories of racial superiority or which promoted and incited racial discrimination; no legislation had been enacted to declare illegal such organizations, the Committee noted. Among other recommendations, the Committee called on Sweden to reinforce its policy promoting equality of opportunity in economic and social life for immigrants, refugees and ethnic minorities through appropriate legislative, administrative and other measures. It also recommended that particular attention be paid by the State party to the full
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implementation of the Convention while reviewing its legislation and that it provide information, in its next report, on the number of complaints, judicial decisions and compensation awarded concerning acts of racism in all their forms.
The Committee, none the less, noted high standards for promotion and protection of human rights in Sweden and the country's commitment to implementing the Convention. The group also noted with appreciation the fact that non-nationals had the right to vote and stand for election at the municipal level.
Recognizing that the former Yugoslav Republic of Macedonia had experienced considerable economic difficulties, partly resulting from hostilities in the Balkan region, which have had a negative impact on the enjoyment of human rights, the Committee commended the quality of the countrys initial report.
The Committee expressed concern at the lack of statistical information of the various protections against racial discrimination and at the low representation of various ethnic groups in the judiciary, Parliament, and other public bodies and agencies of government. It called on the Government to provide in the next report more information on the participation of the various minorities in public life and the implementation and enjoyment by them of the human rights contained in the various laws on a discriminatory basis.
Moreover, the Committee recommended, among other things, that the former Yugoslav Republic of Macedonia provide information on the number of complaints of racial or racially motivated offences, on judicial action taken on those complaints and the redress or compensation awarded to victims was required. The State party, should also continue its efforts to facilitate the participation of different ethnic minorities in the educational system, in particular at the secondary and higher educational level. Finally, the Committee recommended that it provide greater educational and cultural opportunities to the Albanian minority, noting that the group should truly see its future as lying within the State party.
Concern was expressed about continued discrimination against indigenous peoples in Argentina and persisting problems in the transfer of ancestral lands. Among other recommendations, the Committee called on the Government of Argentina to provide more details in its next report regarding the socio- economic situation of indigenous communities and their participation in the federal and provincial administrations; the number and situation of refugees and immigrants, and measures taken to investigate anti-Semitic attacks in 1992 and 1994. Moreover, it recommended that the following report contain further information on complaints, prosecution and sentencing of racist crimes and on recourse to the remedy of amparo.
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Cited among positive aspects were the creation of an office of ombudsman, a number of constitutional provisions adopted for the protection of indigenous rights and seminars organized on human rights and the elimination of racial discrimination.
The Committee expressed concern that Norway had not taken all appropriate measures to prohibit organizations which promote and incite racial discrimination. Racist propaganda disseminated by such organizations and by a Norwegian political party were of particular concern. The Committee was also preoccupied over allegations that the police were reluctant to institute criminal proceedings and at reports of unjustified deportations of foreign nationals.
The Committee noted with appreciation innovative measures adopted to prevent and combat all forms of racial discrimination and efforts to protect the culture, language and way of life of minorities, as well as the teaching programme "Norway as a multicultural society" launched by the State in 1992.
Among other recommendations, the Committee called on the competent Norwegian authorities to maintain a comprehensive record of all racist acts or incidents and to take the necessary measures to facilitate and ensure criminal proceedings whenever appropriate. It would welcome in subsequent reports examples of court decisions illustrating how the Convention was applied in domestic law and recommended that the State party continue to strengthen its efforts to promote understanding and tolerance with regard to immigrants in Norway.
The Committee expressed satisfaction with regard to a report from Burkina Faso and the spirit of tolerance, active policy of equality and non-discrimination and process of democratization embarked upon since the last report. Concern was expressed, however, over the lack of legal provisions required in order to fully implement the Convention.
The Committee called on Burkina Faso to provide in its next report information on the composition of the population and on the representation of ethnic groups at various levels of public life, as well as on their enjoyment of economic, social and cultural rights. More information was also requested with regard to the progress made in the promotion of national languages, and the education of all peoples, and on the attributions and functioning of the institution of the mediator and other institutions promoting respect for human rights and multi-cultural and multi-ethnic understanding.
The Committee welcomed the declared willingness of Burundi to restore peace and security through a political dialogue to be held in September 1997, in United Republic of Tanzania, which could, it was hoped, produce a government satisfactory to all sides.
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Concern was expressed over the continuation of acts of violence and killings between peoples of different ethnic backgrounds; the delays in the prosecution of those responsible for the assassination of President Melchior Ndadaye, and delays in the prosecution and punishment of perpetrators of mass killings and disappearances.
Among other recommendations, the Committee urged the Government to further its efforts to bring to an end the impunity of perpetrators of human rights violations, and to accelerate the procedures currently under way. It also requested information on measures taken to ensure the safe repatriation of refugees to Burundi and to protect from violence refugees living in the country. Moreover, information on the situation in regroupment camps as well as on the possibility for peoples to freely leave or settle in the camp, was required.
The Committee, being aware that the resolution of the ethnic conflict in Burundi cannot be achieved without a resolution of the conflict in the Great Lakes region, urged Burundi to take all necessary measures in cooperation with neighbouring countries to find ways to restore peace and security.
Early Warning and Urgent Procedures Under its early warning and urgent procedures mechanism, the Committee made formal statements on the situations in Israel, Bosnia and Herzegovina, and the Democratic Republic of the Congo. A decision on Papua New Guinea was also adopted.
In observations on the situation in Israel, the Committee reiterated its full endorsement of the Israeli-Palestine Liberation Organization (PLO) peace process and expressed, once again, the opinion that the principles and obligations of the Convention should be an essential ingredient of that process. Serious concern was expressed over the continuing policies of expansion of settlements which give rise to increasing tensions in the region and jeopardizes the peace process.
The Committee also condemned, once more, in the strongest terms, terrorism in all its forms and acts which resulted in the indiscriminate killing of innocent people and reiterated that there was no justification whatsoever for such acts. In addition, it rejected the closures of the Palestinian territories and the blocking of reimbursement of fees and revenues to the Palestinian Authority, imposed by the Israeli authorities in the wake of the dreadful suicide bombings in Jerusalem on 30 July 1997, that amounted to collective punishment. The Committee urged the Government of Israel to lift these measures.
Among matters of concern in Bosnia and Herzegovina, the Committee noted that little progress had been made in the implementation of the Dayton Agreement and that Bosnia remained a deeply divided country, with clear patterns of discrimination and separation based on national or ethnic origin.
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Concern was also expressed at the serious obstacles to the return of refugees and displaced persons and at the continued existence of property laws which conflicted with the Dayton Agreement. The Committee urged the parties to the Agreement to comply with their obligation to cooperate fully with the International Criminal Tribunal for the Former Yugoslavia in fulfilling its task of bringing to justice all persons guilty of the serious crimes falling within its jurisdiction.
In the statement adopted on the Democratic Republic of the Congo, the Committee expressed alarm over reports of disappearances of very large numbers of refugees and ongoing human rights violations in the eastern part of the country. It hoped the team established by the Secretary-General to look into allegations of human rights violations there would be able to work effectively. It decided to remain seized of the situation under its early warning and urgent procedures mechanism.
The Committee regretted that the Government of Papua New Guinea had not submitted an up-to-date report or any information requested on the issue of Bougainville. It condemned the killing of the premier of the Bougainville Transitional Government, Theodore Miriung, which had resulted in a serious setback of all efforts to find a solution of the Bougainville problem, and encouraged any further efforts to resume the discussion between the parties involved in the Bougainville conflict.
States with Overdue Reports
In concluding observations adopted on the situations in Ethiopia, Guyana and Suriname, the Committee decided that a communication should be sent to the Governments of these State parties, setting out their reporting obligations under the Convention and urging the resumption or initiation of a dialogue.
The Committee also suggested that the Governments of Ethiopia, Guyana and Suriname avail themselves of the technical assistance offered under the advisory services and technical assistance programme of the High Commissioner/Centre for Human Rights, with the aim of drawing up and submitting an initial or updating report.
Following discussion of the situation in Haiti, the Committee requested from the government information on, among other things, measures taken to eliminate racial discrimination, proceedings undertaken to prosecute violations of such acts, and the demographic and ethnic make-up of Haiti's society.
Observations on Country Reports Reviewed at Spring Session
At this session, the Committee also concluded the adoption of observations on reports reviewed last spring. Among other recommendations, the Committee called on the Government of Iraq to comply with the relevant
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Security Council resolutions calling for the release of all the Kuwaiti nationals and nationals of other States who might still be held in detention, and to provide all available information on missing individuals; and to review its policy concerning respect for and implementation of international human rights instruments, in particular the Convention. Moreover, it recommended that the State party provide information on the political, economic and geographical structure of the country in a separate core document.
The Committee also expressed concern, among other things, over the situation of the inhabitants of the southern marshes, and requested the Government to provide economic and social data on the situation of ethnic minorities.
The Committee noted with satisfaction the numerous initiatives carried out by the National Human Rights Commission of Mexico during the period under consideration, and in particular the work done on behalf of imprisoned indigenous inhabitants.
Concern was expressed, however, about the persistence of discriminatory practices in Mexico against members of indigenous people and over their effective enjoyment of political, economic and social rights. It recommended, among other things, that the Government of Mexico exercise greater vigilance in the protection of the fundamental rights of indigenous inhabitants and other vulnerable groups of society, regularly the victims of intimidation, violence and serious human rights violations; and that if find just and equitable solutions to issues of land delimitation, distribution and restitution. Furthermore, the Committee recommended that the State party make every effort to ensure multi-cultural education for all.
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).
The Committee is chaired by Mr. Parker Banton. The Vice-Chairmen are Ms. Sadiq Ali, Mr. Ferrero Costa and Mr. Garvalov. Mr. Chigovera is the Rapporteur.
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