COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES FIFTY-FOURTH SESSION
Press Release
RD/893
COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES FIFTY-FOURTH SESSION
19990319 (Reissued as received.)GENEVA, 19 March (UN Information Service) -- The Committee on the Elimination of Racial Discrimination this morning concluded its fifty-fourth session during which it examined the measures taken by Austria, Republic of Korea, Finland, Portugal, Italy, Peru, Syria, Costa Rica, Kuwait and Mongolia 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. The countries are among 153 States parties to the Convention. Under the terms of the Convention, States parties are required to periodically submit reports to the Committee on measures and legislation adopted to eliminate bias within their jurisdiction. Governments may send representatives during the consideration of their reports so that they may respond to questions raised by the 18 Committee experts.
During its three-week meeting, the Committee also continued its prevention work by examining the situations in Rwanda, the Federal Republic of Yugoslavia concerning Kosovo, Australia, Democratic Republic of the Congo and the Sudan under its early-warning measures and urgent procedures mechanism.
In a statement adopted by consensus, the Committee expressed its concern about acts and policies of suppression of the fundamental rights and the identity of the Kurds as distinct people, and it stressed that the Kurdish people wherever they lived should be able to lead their lives in dignity, to preserve their culture and to enjoy, wherever appropriate, a high degree of autonomy.
In closed meetings, the Committee also dealt with communications received from individuals or groups of individuals who claimed that any of their rights enumerated in the Convention had been violated by a State party and who had exhausted all available domestic remedies. So far, 27 States parties have recognized the competence of the Committee to consider such communications under article 14 of the International Convention.
During its fifty-fifth session, scheduled from 2 to 27 August, the Committee is expected to examine the situations in Colombia, Iraq, Chile, Ghana, Spain, Uruguay, Mauritania, Latvia, Guinea, Kyrgyzstan, Iran, Romania, Zimbabwe, Dominican Republic and Azerbaijan. It has also decided to examine the reports of Antigua and Barbuda, Central African Republic, Jamaica, Mozambique, Senegal and the Maldives under its review procedure, while Australia and the Democratic Republic of Congo will be considered under its early-warning measures and urgent action procedures.
Concluding Observations on Country Reports
On the situation in Finland, the Committee found as positive the large representation of immigrant groups and traditional national minorities in the Advisory Board for Ethnic Relations, as well as their participation in the Commission against Racism, Xenophobia, Anti-Semitism and Intolerance.
The Committee was, however, concerned at the growing number of racist acts that were occurring in the country, a fact recognized by the State party itself. The Committee also expressed concern over the situation of immigrants and the Roma minority, particularly with respect of housing, high rate of unemployment and education problems. The Committee recommended that Finland redouble its efforts to solve the land dispute with the Sami as soon as possible, in a manner that did justice to the claims of those people.
On the report of Austria, the Committee noted with satisfaction that Austria had condemned genocide as a crime under international law and trusted that all acts of genocide would be condemned without any distinction as to time, place or group of victims. It welcomed the establishment of the National Fund for Victims of National Socialism which offered a scheme for compensation of all victims of genocide.
Among the Committee's concerns were that the immigration policy of Austria classified foreigners on the basis of their national origin. The Committee considered the concept and effect of the policy might be stigmatizing and discriminatory, and, therefore, contrary to the principles and provisions of the Convention. Austria was recommended to introduce comprehensive legislation to prohibit racial discrimination in all its forms, covering both citizens and foreigners. The Committee encouraged the Government to continue exploring ways of providing specific protection to all ethnic groups living in the country.
The Committee recognized as positive the innovative measures adopted by Portugal to combat racial discrimination and its willingness to recognize existing problems and to find appropriate solutions, both legislative and administrative. However, the Committee was concerned about manifestations of xenophobia and racial discrimination, including acts of violence directed against certain ethnic groups, particularly Blacks, Roma (Gypsies), immigrants
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and foreigners frequently perpetrated by skinheads, although the Committee acknowledged the efforts by the Government of Portugal to combat such acts.
Among its recommendations, the Committee urged that appropriate measures be taken to prohibit all organizations and groups, whether or not of fascist ideology, which promoted racist ideas or objectives, in order to comply fully with article 4 of the Convention. It also recommended that the State party continue and intensify its measures aimed at preventing and prosecuting any act and manifestation of racial discrimination and xenophobia, including acts of violence against certain groups, particularly Blacks, Roma (Gypsies), immigrants and foreigners.
Concerning the Republic of Korea, the Committee found as positive the Government's commitment to adopt a Human Rights Act and establish a national human rights institution before the end of the year. The legislative measures taken by the Government to prevent and combat racial discrimination were also welcomed by the Committee.
The Committee, however, was concerned that neither the Constitution nor any law of the country explicitly prohibited discrimination on the basis of race, colour, descent, or national or ethnic origin, and that no law explicitly penalized acts of racial discrimination or prohibited organizations which promoted and incited racial discrimination. Among its recommendations, the Committee suggested that the Government take further measures against discrimination of foreign workers in their workplace. In addition, the Committee recommended that further measures be taken to ensure that persons of foreign origin who were born or had settled in the Republic were not subjected to discrimination based on ethnic origin.
With regard to the report of Costa Rica, the Committee expressed concern that the legislation of the country did not contain explicit norms forbidding discrimination on grounds of national or ethnic origin. It was also concerned about lack of specific and adequate legislative provisions prohibiting racial discrimination by private groups or associations in conformity with article 4 of the Convention.
Among other things, the Committee recommended that Costa Rica take all appropriate legislative measures to ensure that articles 2, 3 and 4 of the Convention were fully reflected in domestic law. In particular, the Committee emphasized the importance of adequately prohibiting and penalizing acts of racial segregation and discrimination, whether they were committed by individuals or associations.
It also recommended that the Government intensify its measures aimed at preventing and prosecuting any act and manifestation of racial discrimination and xenophobia, including acts of violence against persons belonging to ethnic and national minorities.
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With respect to Kuwait, the Committee acknowledged that, as a result of the invasion of Kuwait by Iraq, the country was subjected to serious difficulties which still affected the capacity of Kuwait to fully implement all of the provisions of the Convention.
However, the Committee was still concerned about discriminatory measures in relation to vulnerable groups of foreigners, particularly the treatment of foreign domestic workers. It was also concerned by the fact that, in spite of efforts, the Government had not, until now, found a solution to the problems of bidoons, the majority of whom were still stateless people.
Among its recommendations, the Committee urged the Government of Kuwait to improve administrative and legal measures to guarantee the enjoyment by individuals belonging to vulnerable groups of foreigners, notably domestic workers, of the rights enshrined in the Convention without any discrimination. It also recommended that a lasting solution be found to the problems of bidoons and that the threat of deportation be stopped.
On the situation in Syria, the Committee welcomed the information contained in the report concerning educational measures, which provided for the inclusion of the teaching of human rights, including the need to combat and condemn racial discrimination, into school curricula. The Committee also noted with satisfaction the efforts made by Syria to host Palestinian refugees, the registered number of which was given to be 351,189, letting them retain their identity. The Committee, while acknowledging Syria's efforts to protect the rights of ethnic national minorities, particularly of Armenians and Palestinians, said it was still concerned about the stateless status of a large number of persons of Kurdish origin, who were alleged to have entered the country from neighbouring countries, and who, from the cut-off date in 1972 up to 1995, were stated to number 75,000. It also expressed concern about Syrian-born Kurds, who were considered either as foreigners or were unregistered by the Government and faced great administrative and practical difficulties in acquiring Syrian nationality, although they had no other nationality by birth.
Among its recommendations, the Committee encouraged Syria to continue exploring ways of providing specific protection to all ethnic or national groups living in the country. It also recommended further action to protect equally the rights of persons belonging to ethnic and national groups to enjoy, without discrimination, civil and political rights, notably the right to nationality and cultural self-expression.
Concerning Mongolia, the Committee welcomed the enactment of the country's Constitution, which had included the prohibition of racial discrimination. It also noted with satisfaction that the provisions of international instruments on human rights to which Mongolia was a State party were duly taken into consideration in the process of legislative reform.
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However, the Committee regretted the lack of comprehensive information on the actual situation of the different ethnic minority groups living in Mongolia. It remained concerned about the lack of comprehensive legislation to combat discrimination based on race, colour, descent, or national or ethnic origin, and it recommended that the Government give serious consideration to the enactment of a law in that regard.
The Committee also recommended that Mongolia continue exploring ways of providing specific protection to all ethnic groups living in its territory. It also recommended that the Government include in its report statistical data on the socio-economic situation of the different ethnic minority groups.
Among the positive aspects in the report of Italy, the Committee noted with appreciation the measures taken by the Government to regularize the situation of an important number of foreigners living in Italy, including the regularization of de facto family reunification.
The Committee was concerned about the continuation of incidents of racial intolerance, including attacks against foreigners of African origin and against Roma people, which were sometimes not recognized by the authorities as having a racial motivation or were not persecuted. It also expressed concern at the situation of many Roma. Concern was also expressed at reports of acts of violence and bad treatment by police and prison guards against some foreigners and members of minorities in detention.
The Committee recommended that the Government of Italy strengthen its efforts for preventing and prosecuting incidents of racial intolerance and discrimination against some foreigners and Roma people, as well as incidents of bad treatment of some foreigners and Roma in detention. The Committee also recommended that more attention be given to the situation of Roma.
In its concluding observations on the report of Peru, the Committee found positive the information from the Government on the considerable decrease in the activities of subversive groups, as well as the number of complaints of human rights violations.
The Committee noted with concern that the close interrelationship between socio-economic underdevelopment and the phenomenon of racial or ethnic discrimination concerning part of the population, mainly the indigenous and the peasant community. Among other things, the Committee recommended that Peru take measures designed to ensure a real dialogue between the Government and non-governmental organizations in the combat against racial and ethnic discrimination; that the Government enact a penal law in conformity with the provisions of the Convention, particularly concerning article 4; and that the Government take measures to guarantee the most vulnerable segments of the population to equal treatment before the courts and in the exercise of their political rights.
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Regarding the Congo, considered under the Committee's review procedure in the absence of a report since 1989, the Committee deplored the part played by mercenaries, the impunity enjoyed by those responsible for the many violations of human rights and the displacement of populations. It noted that members of the Pygmy groups continued to suffer from ethnic discrimination.
The Committee requested the Government to investigate the violations of human rights, in particular acts of racial discrimination, to bring offenders to trial, to offer compensation to victims' families and to discontinue the employment of mercenaries. The Committee requested the Government of the Republic of the Congo to provide it with relevant information on the implementation of legislation prohibiting and sanctioning racial discrimination.
Action under Early-Warning and Urgent Procedures
The Committee has instituted an "early-warning measures and urgent action procedures" mechanism that permits it to take measures aimed at preventing existing problems from escalating into conflicts. It can also 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.
Concerning the situation in the Federal Republic of Yugoslavia, the Committee, in light of the current tragic events in Kosovo, expressed its appreciation to the State party for having submitted additional information as requested by the Committee and having contributed to a continuing dialogue with the members. However, the Committee noted with dissatisfaction the apparent one-sided characterization of the conflict in the report of the Government.
The Committee, while condemning all forms of terrorist activities, reiterated its position that the State party's reference to the state of insecurity and terrorism could not in any way justify racial discrimination, including acts of violence and intimidation against a particular ethnic group.
The Committee, noting the State party's assurance of its willingness to engage in a meaningful dialogue with the leadership of the Albanian community in Kosovo, called upon the Government and other actors involved to adopt concrete and serious measures to that end, in order to achieve a just and peaceful solution to the situation by respecting the territorial integrity of the Federal Republic of Yugoslavia.
In a decision on Australia, the Committee recognized that within the broad range of discriminatory practices that had long been directed against Australia's Aboriginal and Torres Strait Islander peoples, the effects of Australia's racially discriminatory land practices had endured as an acute impairment of the rights of Australia's indigenous communities. It also recognized that the land rights of indigenous peoples were unique and
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encompassed a traditional and cultural identification of the indigenous peoples with their land that had been generally recognized.
The Committee expressed concern over the compatibility of the Native Title Act, as currently amended, with Australia's international obligations under the Convention. While the original Native Title Act recognized and sought to protect indigenous title, provisions that extinguished or impaired the exercise of indigenous title rights and interests pervaded the amended Act. The lack of effective participation by indigenous communities in the formulation of the amendments also raised concerns with respect to Australia's compliance with its obligations under article 5 of the Convention.
The Committee called upon the Government of Australia to address its concerns as a matter of utmost urgency. It also urged Australia to suspend implementation of the 1998 amendments and to re-open discussions with the representatives of the Aboriginal and Torres Strait Islander peoples with a view to finding solutions acceptable to the indigenous peoples and which would comply with Australia's obligations under the Convention.
Concerning the situation in the Sudan, the Committee was gravely concerned by the numerous reports that all parties to the armed conflict, which had claimed as many as 1.9 million lives since 1983, had engaged in attacks on civilian populations of other ethnic origins, including summary executions, and malicious and militarily unjustified destruction of civilian property.
The Committee further expressed deep concern over reports from the United Nations Children's Fund (UNICEF) that thousands of Sudanese had been enslaved, most of them women and children, abducted by armed militia based in government-controlled parts of the country. It welcomed the Government's recently announced intentions to prosecute those involved in the slave trade and looked forward to the State party taking immediate effective measures to achieve the freedom of all those enslaved.
The Committee urged the Government of the Sudan, among other things, to take the following minimum steps to implement the Convention: to implement immediately effective measures to guarantee to all Sudanese, without distinction, freedom of religion, opinion, expression and association; the right to study and communicate in a chosen language; and the right to security of person and protection by the Government against violence or bodily harm.
With regard to the situation in Rwanda, the Committee was profoundly disturbed by the free flow of arms into and within the Central Africa subregion which was a major cause of insecurity and instability. The Committee remained deeply concerned at the continued serious violations of human rights and international humanitarian law in the country, and notably of the provisions of the Convention.
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The Committee supported and encouraged the efforts of the Government of Rwanda to prosecute gross violations of human rights and international humanitarian law committed by certain parts of its armed forces and stressed the need to increase the capacity of the Rwandese Patriotic Army to conduct internal investigations and bring accused persons to trial with due respect for basic fair trial guarantees.
Further, the Committee welcomed progress in the administration of justice and the growing number of judges, prosecutors and defence lawyers taking part in administering justice, but it was aware of the immense needs and problems to meet the requirements of an expeditious, effective and fair justice system. The Committee repeated its regret that the mandate of the United Nations Human Rights Field Operation in Rwanda had come to an end and called again on the Government of Rwanda and the United Nations to renew on an urgent basis their discussions aimed at ensuring an international monitoring presence in the country.
And on the situation in the Democratic Republic of the Congo, the Committee was deeply concerned about the persistence, in flagrant violation of the Convention, of ethnic conflicts which were, in general, inspired by the policy of ethnic cleansing and might constitute acts of genocide. The Committee strongly urged all the participants in the Congolese conflict to ensure the immediate cessation of all hostilities, and end to the persistent campaign to incitement to racial and ethnic hatred, and the prompt conclusion by the parties to the conflict through a negotiated peaceful settlement.
The Committee requested the Government to cooperate effectively, without creating obstacles or hindrance, in the work of the international investigators and to provide for a fair trail for those responsible for the violations by independent and impartial tribunals. It also called the attention of the Security Council, through the Secretary-General, to the need to cease the intervention of the governments of other countries which were, in one way or another, participating in the struggle waged in the Democratic Republic of the Congo, as well as the illegal arms traffic into Congolese territory.
Action on Other Issues
In a statement adopted by consensus, the Committee said that it was profoundly alarmed about widespread and systematic violations of human rights inflicted on people because of their ethnic or national origin. Ethnic antagonisms, especially when mixed with political opposition, give rise to many forms of violent conflict, including terrorist actions and military operations. In many parts of the world, they cause immense suffering, including the loss of many lives, the destruction of cultural heritage and the massive displacement of populations.
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In this context, the Committee expressed its concern about acts and policies of suppression of the fundamental rights and the identity of the Kurds as distinct people. The Committee stressed that the Kurdish people, wherever they lived, should be able to lead their lives in dignity, to preserve their culture and to enjoy, wherever appropriate, a high degree of autonomy.
In conclusion, the Committee appealed to the competent organs of the United Nations and to all authorities and organizations working for peace, justice and human rights to deploy all necessary efforts in order to achieve peaceful solutions which do justice to the fundamental human rights and freedoms of the Kurdish people.
Submission of Reports
Under article 9 of the Convention, States undertake to report to the Committee on legal, judicial and other measures they have adopted to ensure effective protection against racial discrimination within their jurisdiction. States parties to the International Convention agree to condemn and seek to eliminate racial discrimination in their territories; to review their policies in order to amend or nullify any regulations which create or perpetuate such discrimination, based on racial superiority or hatred; and to prohibit organizations and activities which promote or incite racial discrimination. They also agree to provide remedies for victims of racial discrimination and to adopt measures to combat prejudice and promote understanding among different national, racial and ethnic groups.
In addition, States parties undertake to guarantee the right of everyone to equality before the law without distinction to race, colour, or national and ethnic origin.
In the past, the Committee has called upon the Secretary-General to bring to the attention of States parties, at their annual meeting, the unfortunate consequences of delays in the submission of reports and to encourage them to consider ways and means by which all parties might be brought to fulfil their reporting obligations. The Committee has also instituted a procedure to review the implementation of the International Convention in those States parties responsible for the longest delays in submitting periodic reports. In a letter addressed to the Governments of those States, the Committee said that delays in the submission of reports hampered its efforts to monitor the implementation of the Convention.
Communications under Article 14
Under article 14 of the Convention, the Committee considers communications from individuals or groups of individuals claiming to be victims of a violation by States parties of any of the rights set forth in the Convention, provided the States concerned have recognized the competence of the Committee in this regard.
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The following 27 States parties have already done so: Algeria, Australia, Bulgaria, Chile, Costa Rica, Cyprus, Denmark, Ecuador, Finland, France, Hungary, Iceland, Italy, Luxembourg, Netherlands, Norway, Malta, Peru, Republic of Korea, Russian Federation, Senegal, Slovakia, Spain, South Africa, Sweden, Ukraine and Uruguay.
States Parties to Convention
At present, the following 153 States are parties to the Convention: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Czech Republic, Cyprus, Democratic Republic of the Congo, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Holy See, Hungary, Iceland, India, Iran, Iraq, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya and Lithuania.
Also, Luxembourg, Madagascar, Malawi, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Pakistan, Panama, Papua New Guinea, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syria, The former Yugoslav Republic of Macedonia, Tajikistan, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia and Zimbabwe.
Committee Membership, Officers
The members of the Committee, elected in their individual capacity, are: Mahmoud Aboul-Nasr (Egypt); Michael Parker Banton (United Kingdom); Theodoor van Boven (Netherlands); Ion Diaconu (Romania); Eduardo Ferrero Costa (Peru); Ivan Garvalov (Bulgaria); Régis de Gouttes (France); 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); Mario Jorge Yutzis (Argentina); Peter Nobel (Sweden); and Gay McDougall (United States).
Mr. Aboul-Nasr is Chairman. Mr. Yutzis, Mr. Diaconu and Mr. Sherifis are Vice-Chairman. Mr. Banton is Rapporteur.
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