COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES FIFTY-SIXTH SESSION

Press Release
RD/900

COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES FIFTY-SIXTH SESSION

(Reissued as received; delayed in transmission.)

GENEVA, 24 March (UN Information Service) -- The Committee on the Elimination of Racial Discrimination this afternoon concluded its fifty-sixth session after examining reports on efforts by the Governments of France, Zimbabwe, Denmark, Malta, Spain, Tonga, Rwanda, Estonia, Lesotho, Bahrain and Australia to implement the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.

The Committee, the first body created by the United Nations to review actions by States in fulfilling their obligations under a specific human rights agreement, also held question-and-answer sessions with Government delegations from the above countries (excepting Tonga). All 155 States parties to the Convention are required to submit periodic reports to the Committee which consists of 18 Experts.

The Committee also made general recommendations on gender-related dimensions of racial discrimination and concerning the victims of racial discrimination and their reparation.

The High Commissioner for Human Rights, Mary Robinson, met with the Committee experts and told them her Office was engaged in an energetic fund- raising campaign to collect about $4 million to cover activities related to the forthcoming World Conference against Racism. Preparations for the World Conference were discussed in length by the Committee.

In closed meetings, the Committee experts dealt with communications received from individuals or groups of individuals who claimed that their rights under the Convention had been violated by a State party and who had exhausted all available domestic remedies. So far, 28 States parties have recognized the competence of the Committee to consider such communications under article 14 of the Convention.

The Committee decided to inform the General Assembly that it had agreed to hold its fifty-eighth session, from 8 to 26 January 2001, in New York. The Committee cited concerns that smaller countries filing reports under the Convention often found it difficult to send delegations to Geneva.

At its fifty-seventh session, which will be held from 31 July to 25 August 2000 in Geneva, the Committee is expected to examine the reports of the Czech Republic, the Netherlands, Norway, Finland, Mauritius, Sweden, Nepal, Ghana, Uzbekistan, Slovenia, the United Kingdom, Argentina, Holy See, Slovakia, and Iceland. There was a possibility that the reports of Portugal, Bangladesh, Greece and Sudan might also be examined.

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General Recommendation on Gender-Related Dimensions of Racial Discrimination

In its General Recommendation on gender-related dimensions of racial discrimination, the Committee noted that racial discrimination did not always affect women and men equally or in the same way. There were circumstances in which racial discrimination only or primarily affected women, or affected women in a different way or to a different degree than men.

It stated that certain forms of racial discrimination may be directed towards women specifically because of their gender, such as sexual violence committed against women members of particular racial or ethnic groups in detention or during armed conflict; or the coerced sterilization of indigenous women. The circumstances affecting women, legal or practical, might make them particularly vulnerable to racial discrimination. The consequences of racial discrimination might primarily or only affect women, such as pregnancy as the result of racial bias-motivated rape. Women might also be further hindered by a lack of access to remedies and complaint mechanisms for racial discrimination because of gender related restraints.

The General Recommendation stated that recognizing that some forms of racial discrimination had an unique and specific impact on women, the Committee would endeavour in its work to take into account any gender factors or issues which might be interlinked with racial discrimination.

General Recommendation on Reparation to Victims of Racial Discrimination

At its last meeting this session, the Committee this afternoon adopted a General Recommendation concerning the victims of racial discrimination and their reparation.

It was recognized by the Committee that members of the ethnic majority often underestimated the degree to which acts of racial discrimination and racial insults damaged the injured party's perception of his or her own worth and reputation.

The Committee considered that courts and tribunals should consider the possibility to offer financial compensation for the victims of racial discrimination.

Concluding Observations and Recommendations on Country Reports

Concerning France, the Committee noted with satisfaction some of the new measures against racial discrimination adopted by that country. These included the law of 29 July 1998 detailing action against exclusion, the reorganization and extension of the departmental anti-racism bureau, the establishment of departmental commissions on access to citizenship, the creation of departmental committees for coordinating policies against exclusion, and of departmental councils on access to justice, plus provisions for mediation.

The Committee expressed concern about the paucity of information on monitoring the implementation of the Convention. Concern was also expressed about reports of the removal from French territory of people with valid French visas, and over reports that negative images of the Roma minority prevailed in the mass media and the public generally.

The Committee recommended that the next periodic report include statistics on racially-motivated offences, their investigation, and the punishment of the guilty. The Committee also reiterated earlier recommendations to ensure that there was effective protection of the exercise of the rights to work and to housing and to provide compensation to victims of racial discrimination. Also, the Committee asked that when France reviewed its laws restricting certain occupations to French nationals it ensured that none was discriminatory in effect.

On the report from Zimbabwe, the Committee welcomed the country's recent enactment of the Prevention of Discrimination Act, and noted the amendment to the Administration of the Estates Acts. The Committee also welcomed the country's initiative to introduce human rights training for Government employees, and appreciated its efforts concerning improvements in the educational system.

The Committee was concerned about the restriction of the power of the Ombudsman to investigate the action of public officials in the field related to racial discrimination. It recommended that Zimbabwe take appropriate measures to enable the Ombudsman to fully investigate the use of powers by public officials. The Committee recommended that the next periodic report provide additional quantitative and qualitative information on racial segregation in schools. It also encouraged the State party to proceed with its proposal to give priority in the teacher training and curriculum development programmes to persons with minority languages.

The Committee noted with concern the insufficient information provided on the situation of refugees, migrants and non-nationals residing in Zimbabwe. While noting the challenges faced by the State party with respect to land redistribution, the Committee regretted that very little progress had been made in this regard. It recommended that the State party introduce measures to improve access to financial and technical support for black farmers, and that it consider the possibility of communal access to commercial farm land.

With regards to the report of Denmark, the Committee noted the country's action against racial discrimination, launched in February, which contained over 75 concrete initiatives and measures.

The Committee viewed that the 1998 Act on Integration of Aliens was an area of concern, as it transferred the responsibility for integration from the central to the local authorities. The Committee was also concerned about activities of organizations promoting racial hatred and discrimination, particularly in relation to a radio station owned by a neo-Nazi association whose licence was renewed by the Ministry of Culture.

The Committee recommended that the State party take all effective measures to reduce unemployment among foreigners and facilitate the integration of people belonging to ethnic minorities in the public administration. Also, the Committee recommended that the Convention be translated into the Greenlandic language.

With regards to the report of Malta, the Committee welcomed changes to national legislation intended to cover aspects of article 4 of the Convention. The recent allowing of dual citizenship and new laws covering refugees and asylum seekers were further positive points underlined by the Committee.

Concerns included reports of racial discrimination in housing, particularly with regard to rental accommodation; lack of authority by the Employment Commission of Malta to consider all aspects of racial discrimination; and lack of information on how national legislation covering article 5 of the Convention was applied in practice.

The Committee recommended that the State party review the new Police Code with a view to ensuring that criminal charges be brought against police officers for acts violating the provisions of the Convention. The Committee asked for further information in the next report on criteria for granting temporary as opposed to permanent refugee status.

Concerning the report of Spain, the Committee said positive features included the establishment of integration programmes for immigrants in Spain, and the implementation of the Gypsy Development Programme.

Concerns were expressed by the Committee over the few cases before national courts concerning racial discrimination despite a recognized general increase in attacks on foreigners by extremist groups, neo-Nazi movements and gangs. Also, the Committee was concerned about the recent incidents of violence against persons of Moroccan nationality and was further concerned about reports that the underlying socio-economic problems that provoked these events also prevailed in many regions of the country.

The Committee recommended that the State party ensure the practical enjoyment of persons belonging to ethnic and national minorities of the rights to work, to equal opportunities of promotion and career development, education and to housing. The Committee recommended that in the next periodic report, information should be given on the effectiveness of non-discrimination training schemes for civil servants, and also that their is a review of reservations on article 14 of the Convention.

Concerning Tonga, the Committee appreciated the country's information provided on the Constitutional protection of the enjoyment of rights enumerated in article 5 of the Convention.

The Committee noted with concern the State party’s repeated assertion that there was no racial discrimination as defined in article 1 of the Convention. The Committee was of the opinion that the absence of complaints and legal action by victims of racial discrimination could possibly be an indication of a lack of awareness of available legal remedies, or a result of the absence of relevant specific legislation. The Committee recommended that the State party take steps to ensure that national legislation was in full conformity with article 4 of the Convention.

Further recommendations by the Committee included that the country provide information in its next report on factors affecting the right of women to equal enjoyment, further information on the measures taken in the field of education and culture in order to combat and prevent racial discrimination, and that the country prepare a core document in accordance with the Consolidated Guidelines for the Initial Part of the Reports of State Parties (A/45/636, paragraph 65).

In considering Rwanda, the Committee commended the legislative and practical sets taken by the State party to eliminate institutionalized and other forms of racial discrimination. The Committee also noted with satisfaction the establishment of an independent national Human Rights Commission.

The Committee was concerned about reports on the intimidation of judicial authorities seeking to investigate and address human rights violations committed since 1994 against Hutus. The Committee noted that the genocide of 1994 was among the worst evils that humanity had experienced in recent times.

The Committee recommended that Rwanda continue to address impunity through the judicial process and urged it to make additional efforts to adequately respond to and prevent acts committed by members of the military or civilian authorities. The Committee recommended that the State party continue its efforts to respect minimum standards of detention and urged the Government to take further measures to reduce periods of pre-trial detention and to ensure the equal treatment of detainees before the law.

On the report of Estonia, the Committee welcomed the progress the State party had made in the area of legislative reform concerning human rights. In particular, the Committee noted the Convention had primacy over domestic legislation and might be directly invoked in courts.

The Committee expressed concern that the provisions of restricted immigration established by legislation were applied discriminatory. It recommended that the quota system for immigration be applied without discrimination based on race, ethnic or national origin. Concern was also expressed about reports that the provision of instruction in minority languages would be reduced.

Recommendations included that the State party provide further information on the work of the Legal Chancellor on ensuring the respect of the Convention, the existence of measures to combat organizations with a racist character and the effective penalties imposed in cases of eviction for acts of racism or racial discrimination.

Concerning Lesotho, the Committee welcomed the Constitutional status granted to the protection of human rights and the recognition of the principle of equality of persons in the State party's Constitution, in particular Section 18, which was designed to preclude any form of discrimination, including racial discrimination.

Concerns of the Committee included the recent tensions between Lesotho nationals and Asian and South African white factory owners. This had led to kidnappings and violence.

Increasing expressions of xenophobia had encouraged acts of racially motivated discrimination in Lesotho. The Committee recommended that the country establish a comprehensive legislative framework penalizing and prohibiting such acts. It encouraged the State party to also establish appropriate and effective remedies and recourse mechanisms when racial discrimination has occurred.

The Committee welcomed in the Bahrain report the establishment of the Committee for Human Rights, and the fact that Bahrain had acceded to several international human rights instruments.

The Committee noted the absence in the report of data desegregated according to ethnicity and nationality. It also noted the absence of examples of the practical implementation of the Convention, and the lack of any information about the Committee for Human Rights its responsibilities, composition, methods and achievements in combating racial discrimination.

Bahraini legislation, the Committee felt, stated that the prohibition of racial discrimination was conditional upon it being contrary to public peace. However, the Committee emphasized that not all issues of racial discrimination would necessarily disrupt public order or morality. Therefore the Committee recommended the State party to continue its review of legislation, taking into consideration the Committee's views.

Concerning the report of Australia, positive aspects in the report of the State party included the attention it gave to its obligations under the Convention and to the work of Australia's Committee on the Elimination of Racial Discrimination. The Committee also noted measures to implement the recommendations of the Royal Commission into Aboriginal Deaths in Custody.

Concerns raised by the Committee included that Australian law lacked any entrenched guarantee against racial discrimination that would override any subsequent law of the Commonwealth, states, and territories. Also of concern was the amended Native Title Act, and the Sentencing schemes in Western Australia and the Northern Territory appeared to target offences that were committed disproportionately by indigenous Australians, leading to a racially discriminatory impact on their rate of incarceration.

The Committee recommended that scrutiny continue to be given to any other proposed state and territory legislation to ensure that protection of the rights of indigenous peoples would not be reduced further, and that the State party take appropriate measures to ensure that the reconciliation process was conducted on the basis of robust engagement and effective leadership.

Report Request on the Persecution of Roma

The Committee said it had been alarmed by reports of the persecution of Roma, particularly in Europe, which violated the provisions of the Convention. Therefore the Committee would devote a meeting during the Committee's next session for a thematic discussion on racial discrimination against Roma with a view to considering possible further action.

The Committee would request from State parties information about Roma populations, their economic and social situation, and policies for eliminating racial discrimination against them. Furthermore, the Committee would welcome submissions from Roma groups and non-governmental organizations on this issue.

Another topic which was discussed by the Committee this session included preparations for the World Conference against Racism, Racial Discrimination, Xenophobia and All Forms of Discrimination, which will be held in South Africa in 2001.

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 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 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. The following 28 States parties have already done so: Algeria, Australia, Bulgaria, Chile, Costa Rica, Cyprus, Denmark, Ecuador, Finland, France, Hungary, Iceland, Italy, Luxembourg, Malta, Netherlands, Norway, Peru, Poland, Republic of Korea, Russian Federation, Senegal, Slovakia, South Africa, Spain, Sweden, Ukraine and Uruguay.

States Parties to Convention

At present, the following 155 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, Georgia, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Holy See, Hungary, Iceland, India, Indonesia, Iran, Iraq, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Kyrgystan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Lithuania.

Also, Luxembourg, Madagascar, Malawi, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Moldova, 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, Romania, Russian Federation, Rwanda, St. Lucia, St. 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 (Serbia and Montenegro), Zambia and Zimbabwe.

Committee Membership and Officers

The members of the Committee, elected in their individual capacity, are: Mahmoud Aboul-Nasr (Egypt); Michael Parker Banton (United Kingdom); Marc Bossuyt (Belgium); Ion Diaconu (Romania); Francois Lonseny Fall (Guinea); Regis de Gouttes (France); Carlos Lechuga Hevia (Cuba); Yuri A. Rechetov (Russian Federation); Raghavan Vasudevan Pillai (India); Agha Shahi (Pakistan); Michael E. Sherifis (Cyprus); Deci Zou (China); Luis Valencia Rodriguez (Ecuador); Mario Jorge Yutzis (Argentina); Peter Nobel (Sweden); Patricia Nozipho January-Bardill (South Africa); and Gay McDougall (United States).

Mr. Sherifis is the Chairperson. The Vice Chairpersons are Mr. Rechetov, Mr. Valencia Rodriguez, and Mr. Fall. Mr. Banton is the Rapporteur.

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