COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION EXPRESSES DEEP CONCERN AT PERSISTING GRAVE SITUATION IN DEMOCRATIC REPUBLIC OF CONGO

AFTERNOON

HR/CERD/99/66
25 August 1999


Proposes Consideration By World Conference against Racial Discrimination of Flagrant Violations of Human Rights of Persons Belonging to Ethnic and Racial Groups

Adopts Concluding Observations on Report of Azerbaijan


The Committee on the Elimination of Racial Discrimination this afternoon said it continued to be deeply concerned over a persisting grave situation in the Democratic Republic of the Congo and over violations in that country of the International Convention on the Elimination of All Forms of Racial Discrimination.

In a decision adopted without a vote, the Committee reiterated decisions adopted previously on the matter and especially decision 4(54), in which it expressed deep concern about the persistence, in flagrant violation of the Convention, of ethnic conflicts in the Democratic Republic of the Congo which were in general inspired by a policy of ethnic cleansing and might constitute acts of genocide.

The Committee urgently requested all parties to the continuing conflict in the Democratic Republic of the Congo to cooperate fully with all efforts made in the international sphere, including actions undertaken by the Organization of African Unity, the South African Development Community and the Office of the United Nations High Commissioner for Human Rights.

In a decision adopted with a show of hands, the Committee also decided to propose to the preparatory committee for the upcoming World Conference against Racial Discrimination that it include in the agenda of the World Conference consideration of the problem of how the international community might prevent or mitigate mass and flagrant violations of the human rights of persons belonging to ethnic and racial groups and minorities. It recalled that in recent years the failure of the international community to urgently
and adequately respond to numerous conflicts around the world had resulted in genocide, ethnic cleansing, the mass movement of refugees and displaced persons, and the disruption of regional peace and security by armed groups able to commit atrocities with impunity.

Also this afternoon, the Committee adopted concluding observations on a report of Azerbaijan considered earlier this week. The Committee said, among other things, that it recognized that the occupation of part of Azerbaijan’s territory by a neighbouring State had impeded the full implementation of the Convention by Azerbaijan.

In its recommendations, the Committee, among other things, drew the attention of Azerbaijan to the procedure established in article 11 of the Convention, which stipulated that if a State party considered that another State party was not giving effect to the provisions of the Convention, it might bring the matter to the attention of the Committee. According to the Committee, no State party had so far used this procedure.

When the Committee reconvenes at 10 a.m. Thursday, 26 August, it will hold a private meeting to consider communications received from individuals claiming to be victims of a violation by a State party of any of the rights set forth in the Convention. Only 28 States parties have recognized the competence of the Committee to field such communications.

Decision on the Democratic Republic of Congo

In a decision adopted without a vote, the Committee said it continued to be deeply concerned at the persisting grave situation in the Democratic Republic of the Congo and at violations of the Convention in the country.

The Committee reiterated decisions it adopted previously on the matter, especially decision 4(54), in which it expressed deep concern about the persistence, in flagrant violation of the Convention, of ethnic conflicts which were in general inspired by a policy of ethnic cleansing and might constitute acts of genocide.

The Committee urgently requested all parties to the continuing conflict in the Democratic Republic of the Congo to cooperate fully with all the efforts made in the international sphere, including actions undertaken by the Organization of African Unity, the South African Development Community and the Office of the United Nations High Commissioner for Human Rights. The Committee particularly requested all parties and especially the Government of the Democratic Republic of the Congo to comply with Resolution 1234(1999) of the Security Council, Resolution 1999/56 of the Commission on Human Rights, and the decisions of the Committee.

The Committee decided to retain the matter on its agenda under its early warning and urgent-action procedures.

Decision on World Conference Against Racism and Racial Discrimination

The Committee had before it a draft decision on the upcoming World Conference against Racism and Racial Discrimination, which it started to adopt on a paragraph-by-paragraph basis.

In one adopted paragraph, the Committee decided to propose to the preparatory committee for the World Conference that it include in the agenda of the World Conference consideration of the problem of how the international community might prevent or mitigate mass and flagrant violations of the human rights of persons belonging to ethnic and racial groups and minorities, bearing in mind that in recent years the failure of the international community to urgently and adequately respond to numerous conflicts around the world had resulted in genocide, ethnic cleansing, the mass movement of refugees and displaced persons, and the disruption of regional peace and security by armed groups able to commit atrocities with impunity.

The paragraph was adopted with a show of hands following a separate vote to use the phrase "around the world" instead of the phrase "in Europe, Africa and Asia", as originally suggested in the draft text.

Concluding observations on report of Azerbaijan

The Committee noted that some 20 per cent of Azerbaijan's territory was now under foreign occupation and that some 600,000 Azerbaijanis were displaced persons and that most ethic Armenians had left the country. That situation was recognized by the Committee to be among the factors and difficulties impeding the full implementation of the Convention in Azerbaijan.

Among positive aspects to the report, the Committee noted with satisfaction the efforts of the Government in supporting the teaching of the languages of minorities and other measures in the fields of teaching, education, culture and information on human rights.

The Committee shared the concern of Azerbaijan about the situation of displaced persons and refugees which had resulted from the conflict and occupation of part of Azerbaijan's territory. It took note of information on existing legal means for lodging complaints in cases of racism. It said it feared, however, that the absence of complaints by victims of racism might indicate unawareness of or lack of confidence in the available legal remedies rather than a lack of incidents of racism.

The Committee noted with concern allegations made by the reporting State that another State party was not giving effect to the provisions of the Convention. It drew the attention of Azerbaijan to the procedure established in article 11 of the Convention, which stipulated that if a State party considered that another State party was not giving effect to the provisions of the Convention, it might bring the matter to the attention of the Committee.

Among its suggestions, the Committee requested the State party to include in its next report appropriate extracts from its Law on Citizenship so that the Committee could consider if it was in conformity with the Convention. It also recommended that Azerbaijan consider establishing a national human-rights institution to facilitate implementation of the Convention. The Committee encouraged the State party to continue cooperating with the Office of the United Nations High Commissioner for Human Rights in an effort to eliminate racial discrimination.

Following adoption of the text without a vote, one Committee Expert explained his position, saying that he would have voted against the document had it been put to a vote. He said the text was not well-balanced, and much had been said about the reporting State party being a victim of aggression by a neighbouring State.