ANTI-RACISM COMMITTEE CONTINUES EXAMINATION OF REPORT OF CAMEROON

HR/CERD/98/23
16 March 1998


Experts Begin Consideration of a Report of Cambodia

The Committee on the Elimination of Racial Discrimination continued examination this afternoon of a report of Cameroon on measures adopted by that country to implement the International Convention on the Elimination of all Forms of Racial Discrimination.

Responding to questions raised by members of the Committee, Joseph Youmsi, Director of Legislation, Ministry of Justice of Cameroon, said the Government followed a policy whereby it guaranteed the right of Pygmies to an equal status, to the vote, to education and to health, and it ensured they became aware of their own existence. Although this entailed changes in their way of life, the Pygmies retained their own language, culture and identity.

As one of 150 States parties to the Convention, Cameroon is required to periodically submit a report on measures taken to implement the treaty. The Committee will hear further responses by the Cameroon delegation in the initial part of its session tomorrow.

Also this afternoon, the 18-member panel of expert began consideration of a report of Cambodia. Mario Jorge Yutzis, Committee member from Argentina, acting as rapporteur for the Cambodian document, said the situation in the country continued to be grave. There were numerous reports of, among other things, continued fighting between factions, persisting political conflict, summary and extrajudicial executions and widespread torture.

Mr. Yutzis pointed to serious acts of racial discrimination against persons of Vietnamese origin residing in Cambodia. Although some of the acts were attributable to the Khmer Rouge, the main responsibility lay with the Government, he said.

The following experts participated in this afternoon's proceedings: Theodoor Van Boven (Netherlands); Ion Diaconu (Romania); Régis de Gouttes (France); Peter Nobel (Sweden); Shanti Sadiq Ali (India); Agha Shahi (Pakistan); Zou Deci (China); Luis Valencia Rodriguez (Ecuador); and Mario Jorge Yutzis (Argentina).

The panel of experts will reconvene at 10 a.m., Tuesday, 17 March, to conclude consideration of the report of Cameroon and to continue its examination of the Cambodian report.

Discussion of Report of Cameroon

Continuing this morning's discussion on the fourteenth periodic report of Cameroon (document CERD/C/298/Add.3), Committee experts asked whether the socio-economic integration of the Pygmies into agricultural work was a goal that would allow them to preserve their culture and way of life. What role did they play in the decision making processes, in particular on projects concerning their integration into society and concerning the forest, which was so important to their way of life? To what extent was the identity of Pygmies threatened? one expert asked.

Some experts asked for further information on measures adopted by the Government to ensure equal participation of ethnic groups in economic, political and cultural life. Moreover, details on the occupation and situation of the 4 million foreigners living in the country was required, as were measures taken to efficiently protect them against racial discrimination.

Recalling that English and French were the official languages of the country, one expert requested information on measures taken to ensure the use of ethnic languages. Other Committee members asked for additional information on, among other things, measures taken to ban racist organisations and parties; the representation of the major ethnic groups in public offices; the extradition of Rwandan and Burundian nationals indicted by the International Criminal Tribunal for Rwanda; and measures taken by the Government to provide reparations to individuals or groups of individuals for any damage suffered as a result of racial discrimination.

Some experts called on the Government to adopt specific implementing legislation, even though it was stated in the report that discrimination based on race or religion was seldom found in Cameroonian society.

Responding to questions raised today by members of the Committee, Mr. JOSEPH YOUMSI, Director of Legislation, Ministry of Justice, said the Pygmies, historically speaking, were the original inhabitants of Cameroon. The Government chose to follow a policy whereby it guaranteed them the right to an equal status, to vote, to education, to health and ensured they became aware of their own existence. In so doing, it was true, that one ran the risk of modifying their traditional way of life.
Stabilization of the Pygmies was necessary to train them in agricultural techniques and ensure their participation in the decision-making processes, Mr. Youmsi continued. This, however, did not mean they would be placed in camps with restricted freedom of movement. Although the way of life of this community had changed in some respects, they retained their own language, culture and identity.

Mr. Youmsi said the Government was making efforts to progressively bring the Penal Code in line with the Convention and other human rights instruments.

Concerning the representation of ethnic groups in public bodies, he said there were representatives of a number of tribes in the National Assembly. Representation was also ensured at the local level where city or town councils had to reflect the ethnic composition of society. All religious communities were also respected and afforded adequate representation in the appropriate bodies.

Report of Cambodia

The seventh periodic report of Cambodia (document CERD/C/292/Add.2) states that the Royal Government, which took office following the 1993 general elections, has spared no effort to ensure respect for multi-party liberal democracy and the fundamental rights and freedoms of the Kingdom's inhabitants. The population of Cambodia, numbering 9.9 million, is made up of a majority of Khmer and comprises 17 ethnic groups, including the Islamic Khmer (203,882), Tumpoun (15,861), Kuoy (14,186) and Charai (11,542).

Vietnamese nationals make up the majority of the 169,575 foreigners residing in Cambodia, the report continues. Although the suffering and hatred caused by the acts of the Vietnamese leaders are deeply embedded in the hearts and minds of Cambodian citizens, according to the document, they have never discriminated against Vietnamese nationals, even those living in the disputed areas. The violent actions carried out to drive Vietnamese persons back to their country of origin were attributable to the Khmer Rouge and firmly condemned by the Royal Government.

Moreover, the report states the Government had no intention of carrying out a mass expulsion of Vietnamese, unlawfully entering Cambodia, and was willing to settle the problem of the Vietnamese nationals at Chrey Thom and that of Cambodian refugees in Viet Nam as quickly as possible.
Although there is no law prohibiting racial discrimination, the State bases itself on article 61 of the Transitional Criminal Act punishing incitement to racial discrimination in order to prevent any racial discrimination or racial hatred, the document notes. In practice, no racial discrimination has ever manifested itself and there have never been any prosecutions on the basis of Decree-Law No.2, 1980, prohibiting the resort to violence in order to promote racial discrimination.

Discussion of Report of Cambodia

MARIO JORGE YUTZIS, Committee member from Argentina, acting as rapporteur for the report of Cambodia, welcomed the presence of a Government representative particularly at such difficult times. The accession of Cambodia to a number of international instruments was a positive sign as was the fact such treaties were given precedence over domestic legislation, he said.

Mr. Yutzis said the situation in Cambodia continued to be grave. Three years after the withdrawal of UNCTAD, one could still witness an increase in political violence, impunity for those responsible of human rights violations, and restrictions of freedom of the press. There were numerous reports of, among other things, continued fighting between factions, persisting political struggle, summary and extrajudicial execution, lack of a Constitutional Council, and wide spread torture. Grave reports of prostitution and child trade were of much concern, Mr. Yutzis added.
Concerning the situation of persons of Vietnamese origin residing in the country, Mr. Yutzis said, they traditionally held a low position in the social hierarchy and were considered negatively by the majority Khmer population. Most prostitutes were of Vietnamese origin, he added. They lived in urban areas and in a state of absolute destitution. In many cases they were accused of spreading aids among the Khmer.

The administrative situation of Vietnamese was of much concern, Mr Yutzis continued. In 1995, a number of Vietnamese had had their immigration or resident documents confiscated by Government officials. In some areas immigration was free, while in others papers for migrants were sold at high prices. In many cases papers were payed for or requested but never issued. In many cases money was being extorted for taxes by persons that were not authorized to do so. Not only was this practice unacceptable and often motivated by sentiments of racial hatred, but it also deprived the Government of taxes it should legally be receiving.

Concerning freedom of thought, conscience and belief, Mr. Yutzis said there were systematic problems when Vietnamese expressed their cultural identity. In some areas speaking or playing Vietnamese music resulted in reprisals. On education, he said participation of Vietnamese to schools was limited and they were denied access to higher education.

With regard to security of persons, the rapporteur said Vietnamese were frequently exposed to massacres by the Khmer Rouge. Reports also pointed to systematic massacres of Khmer men married to Vietnamese citizens. Incitement to racial hatred, manifested by the Khmer Rouge radio, which continued to broadcast messages sowing hatred and calling on Cambodians to resort to violence to drive all Vietnamese out of the country, were of much concern. Moreover, persons responsible for cruel and ill-treatment against Vietnamese were often known but not prosecuted by authorities.

Mr. Yutzis pointed to a document stating that the denial of the existence of the Vietnamese during the Khmer Rouge regime stemmed from the Khmer Rouge myth of ethnic purification. This was grave in light of the protection of minority rights and prohibition of racial discrimination in the country. Moreover, the continued refusal of a common heritage with Vietnamese could only lead to an exacerbation of differences.

The situation of indigenous peoples and other ethnic groups in Cambodia was also cause for alarm, Mr. Yutzis continued. The Chams, for example were not allowed to teach their history and preserve their traditional way of life. Indigenous peoples had no legal status and did not participate in decision-making processes on issues concerning them. Construction was permitted on sacred sites and there were reports of dykes being constructed that would flood large areas of their farm land. Moreover, traditions were being fragmented, and indigenous peoples were not informed on decisions concerning them or of their rights.

Mr. Yutzis said the statement in the report that there were no acts of racial discrimination in the country was unacceptable. The main responsibility for such acts lay with the Government and could not be systematically placed on the Khmer Rouge. Practical and effective measures to protect the rights of minorities should be adopted, he added.

One Committee member asked for the present status of the amended legislation and noted that transitional legislation should now be made permanent. More information was needed on the programmes developed for ethnic groups, and on why they were not being applied. Clarifications on the role of the Commission on Human Rights and Receipt of Complaints was requested. Has it started its work, and if so what has it achieved.

Concern was expressed by this expert on certain paragraphs of the report which referred to latent feelings of xenophobia against Vietnamese and to a lesser extent, Chinese. The seemingly latent phenomena of racial hatred present in the country should be addressed by the Government.

Other experts requested information on, among other things, the code of conduct established for the media; the role and activities of non-governmental organizations and assistance provided by the Government for the implementation of their activities; and equal treatment between nationals, on the one hand, and Vietnamese and Chinese having lived in the country for many years, on the other. One expert asked whether these foreigners recently emigrated to Cambodia or were residing there for generations. Could they receive the Cambodian nationality, another member asked.