ANTI-DISCRIMINATION COMMITTEE CONCLUDES CONSIDERATION OF MALI'S REPORTS

CERD
61st session
21 August 2002
Morning



Adopts General Recommendation on Descent-Based Discrimination;
Completes Discussion on Canada's Draft Concluding Observations



The Committee on the Elimination of Racial Discrimination this morning concluded its consideration of the seventh to fourteenth periodic reports of Mali on how that country was implementing the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
In a concluding statement, Regis de Gouttes, the Committee Expert who served as country rapporteur to the reports of Mali, welcomed the State party's resumption of dialogue with the Committee after 15 years of interruption. He welcomed the positive developments concerning the right to freedom of expression in the country.
Mr. de Gouttes recommended, among other things, that the State party provide information in its next report about the actual place of the International Convention vis-a-vis domestic legislation and the possibility of invoking its provisions by individuals before the courts. He also wanted to receive further information on the achievements of the national strategy policy to combat poverty; the number of complaints of violations of a racial nature; and the additional measures taken to help children who were victims of exploitation.
Responding to questions, the delegation of Mali said that there was no direct relationship between castes and racial discrimination. The members of the castes held Government posts and enjoyed all rights under the Malian Constitution. In addition, the number of people belonging to castes in Government functions was higher and their situation was far removed from that of castes in other countries, such as India, the delegation said. The prejudices towards those people had also been reduced over the years.
The 18-member Committee will issue its final, written concluding observations and recommendations on the reports of Mali on the last day of its three-week session which will end on Friday, 23 August.
As one of the 162 States parties to the International Convention, Mali must submit periodic reports to the Committee on how it was implementing the provisions of the treaty.
Also this morning, the Committee adopted a General Recommendation on descent-based discrimination, which was the outcome of its thematic discussion on the issue on 8 and 9 August. The Committee made a series of recommendations, calling on States parties to take measures to eradicate all forms of descent-based discrimination in their respective societies. Last year, the Committee adopted a similar General Recommendation on discrimination against Roma people.
The Committee also concluded its discussion of the draft concluding observations and recommendations on the reports of Canada, which will be adopted on 23 August. If adopted in its definitive form, the draft, among other things, will note with satisfaction the strong and steadfast commitment to human rights manifested by Canada at the international and national levels. It will also express concern about the high rate of incarceration, of violence against, and of death in custody of Aboriginals and people of African and Asian descent.
When the Committee reconvenes at 3 p.m., it will continue its discussion on draft concluding observations on country reports considered this session.

Response of Mali
There was no direct relationship between castes and racial discrimination, the delegation said. In Mali, descent-based discrimination was not manifested in the society because of the acceptance of those members of the community by the population. The members of the castes were not discriminated against because they had been pursuing their specific trades for generations. They held Government posts and enjoyed all rights under the Malian Constitution.
The number of people belonging to castes in Government functions was higher and their situation was far removed from that of castes in other countries, such as India, the delegation said. The prejudices towards those people had also been reduced over the years.
The national strategy policy was placed in short- and long-term development plans, the delegation said. The macro-economic policy of the Government was also inclined to the whole development of the country and thereby to attract foreign investment. The Government had also carried out institutional restructuring with the view to strengthening economic development.
The State party ensured that no one ethnic group was attacked by another or was discriminated against, the delegation said. The Government also protected the well-being of those who found themselves in vulnerable conditions.
With regard to the children whose human rights situation had been precarious due to the material constraints related to the activity of Koranic students, the Government had taken measures to ameliorate their conditions and had put in place measures to deter the development of such problems, the delegation said. The Children's Parliament had also discussed the situation of those children involved in the Koranic schools.
The Government, in collaboration with the Government of Cote d'Ivoire and the United Nations Children's Fund (UNICEF) had entered into an agreement to rehabilitate children who were trafficked to work in plantations in Cote d'Ivoire.
Concerning the practice of polygamy, the delegation said that it affected 28 per cent of marriages in the country; that situation was changing; however, polygamy was not considered to be a social problem.
The inhabitants of the rural areas had been discriminated against on a socio-cultural basis, the delegation said, adding that the number of children attending schools in the rural areas was less than in the urban regions. However, the Government was doing all it could in order to reduce the disparities among the rural and urban people.
With regard to the 11 September events in the United States, the Government had expressed its condemnation and had taken measures to combat terrorism. The Government had also taken steps to protect the personnel of the diplomatic mission of the United States in Bamako. The officials were conscious that the measures taken against terrorism should not in any way affect the human rights of the population.

Concluding Statement
REGIS DE GOUTTES, the Committee Expert who served as country rapporteur to the reports of Mali, welcomed the State party's resumption of dialogue with the Committee after 15 years of interruption. The Committee was comforted by the assurance given to it by the report on the situation in the north of the country, where rebellion activities had been carried out.
Mr. de Gouttes welcomed the positive developments with regard to the right to freedom of expression in the country. He recommended that the State party provide information in its next report about the actual place of the International Convention vis a vis domestic legislation, and the possibility of invoking its provisions by individuals before the courts. He also wanted to receive further information on the achievements of the national strategy policy to combat poverty; the number of complaints of violations of a racial nature; the additional measures taken to help children who were victims of exploitation; and the health situation of the population concerning HIV/AIDS.
He also wanted to know the attitude of the Government in the face of the continuation of certain forms of descent-based discrimination; the evolution of the history of certain customs: and the methods used to disseminate the provisions of the Convention, the report and the concluding observations. He expected that the Government of Mali would make a declaration under article 14 of the Convention recognizing the competence of the Committee to receive and consider communications from individuals or groups of individuals claiming that their rights set forth in the treaty were violated by the State party.

General Recommendation on Descent-Based Discrimination
The Committee adopted its General Recommendation on descent-based discrimination as a whole after adopting the remaining paragraphs on economic, social and cultural rights and on education.
With regard to economic, social and cultural rights, the Committee recommended that the States parties, among other things, elaborate, adopt and implement measures to benefit members of descent-based communities; take special measures to promote the employment of members of affected communities in the public and private sectors; take measures against public bodies, private companies, and other associations who investigated the descent background of applicants for employment; take measures against discriminatory practices of local authorities or private owners with regard to residence and access to adequate housing for members of affected communities; take measures to address the special vulnerability of children of descent-based communities to exploitative child labour; and take resolute action to eliminate debt bondage and the practice of degrading conditions of labour associated with descent-based discrimination.
And on education, the Committee recommended that the States parties ensure that public and private education systems included, and did not exclude, children of affected communities; reduce school dropout rates of all communities, in particular of affected communities, with special attention to the situation of girls; and take necessary measures in cooperation with civil society to educate the population as a whole in a spirit of non-discrimination and respect for the communities subject to descent-based discrimination.

Discussion on Draft Conclusions on Reports of Canada
The Committee concluded its discussion of the draft concluding observations and recommendations on the reports of Canada, which will be adopted at the end of the Committee's three-week session on 23 August.
If the draft is adopted in its definitive form, the Committee will reiterate its concern about the high rate of incarceration of, violence against and death in custody of Aboriginals and people of African and Asian descent, and will recommend that the next periodic report of the State party contain information on the efficiency of programmes adopted with a view to reducing these phenomena and the results of inquiries undertaken.
If adopted in its final form, the Committee will express concern about the high number of incidents of discrimination targeting Aboriginals and people belonging to minorities in the field of employment; and will recommend that the State party submit more detailed information of the results achieved to eradicate racial discrimination in the field of employment.
The Committee will note with concern that current immigration policies, in particular, the present level of "right of landing fee" might have discriminatory effects on persons coming from poorer countries. The Committee will also express concern about information that most foreigners who were removed from Canada were African or of African descent; and it will recommend that greater attention be given to the possible discriminatory effect of Canadian immigration policies.
Further, if the draft is adopted, the Committee will express concern about allegations of exclusion of children of migrants with no status from the school system in some provinces, and will hope that the situation will be remedied.
If the draft text is adopted, the Committee will note with concern that, in the aftermath of the 11 September 2001 events, Muslims and Arabs had suffered from increased racial hatred, violence and discrimination. In that connection, it will encourage the State party to ensure that the application of the Anti-Terrorism Act would not lead to negative consequences for ethnic and religious groups.
Moreover, the Committee will express concern about information on patterns of racial discrimination affecting peoples of African and Asian descent, and at expressions of prejudice in the media against such people, as well as against migrants and refugees. It will further express concern that the State party focused on the prohibition of activities conducted by racist organizations rather than on the prohibition of such organizations, as required by article 4 (b) of the Convention.
The Committee will note significant discrepancies between the number of complaints relating to racial discrimination brought before Human Rights Commissions, and the small number of admissibility of cases; and it will recommend that the State party ensure the efficiency and accessibility of the complaint system.
According to paragraphs of the draft considered on 19 August, the Committee would note with satisfaction the strong and steadfast commitment to human rights manifested by Canada at the international and national levels; and the Statement of Reconciliation, made by the Federal Government, expressing Canada's apology for the historic injustices committed against Aboriginal people. It would welcome the extension of the scope of the Employment Equity Act to the Federal public service and the Canadian Forces, and note with satisfaction the progress achieved regarding the representation of Aboriginals and minorities in the Federal public service. The Committee would also welcome the amendment to the Criminal Code introducing racial discrimination as an aggravating circumstance.



* *** *