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ANTI-RACISM PANEL ISSUES CONCLUDING OBSERVATIONS ON REPORT OF CYPRUS Committee Concludes Review of Report of Jordan

12 August 1998

MORNING
HR/CERD/98/47
12 August 1998

The Committee on the Elimination of Racial Discrimination this morning reiterated its grave concern at the lengthy occupation of part of the territory of Cyprus by Turkish forces and the continued division of the country which prevented the Government of Cyprus from implementing the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination in all parts of the country.

In concluding observations on the report of Cyprus which was examined last week, the Committee requested the State party to consider measures for improving awareness of the Convention and associated legal and administrative remedies.

Also this morning, the situation of Palestinians and their rights in Jordan were discussed as the expert panel concluded its consideration of the report of Jordan.

A three-member Government delegation -- on hand to present Jordan's twelfth periodic report on efforts to implement the provisions of the International Convention -- also reviewed legislative reforms, freedom of association, and the press law in the country.

Michael P. Banton, the Committee expert who served as country rapporteur on the situation in Jordan, said the next report should contain specific information and details on the measures undertaken to implement the Convention.

Formal, written observations and recommendations on the Jordanian report will be issued towards the end of the Committee's three-week session, which concludes on 21 August.
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Cyprus and Jordan, both States parties to the International Convention, are obligated to submit periodic reports to the Committee on efforts to implement the treaty.

Committee Chairperson Mahmoud Aboul-Nasr announced that a Government delegation from Gabon will meet with members of the Committee on Friday afternoon to answer their questions regarding that country's report. The Committee had already considered the report last Monday in the absence of the delegation which had been scheduled to present it.

Participating in the discussion this morning were Committee members Régis de Gouttes, Mahmoud Aboul-Nasr, and Mario Jorge Yutzis.

The Committee will reconvene at 3 p.m. to start consideration of a report presented by the Government of Cuba.

Concluding Observations on the Report of Cyprus

In concluding observations adopted this morning on the report of Cyprus, the Committee noted with appreciation that the document provided detailed answers to concerns expressed and recommendations previously made by the panel. The Committee further expressed its appreciation for the frank and constructive dialogue with the delegation and for the additional information and comprehensive answers they had provided.

The Committee reiterated its grave concern at the lengthy occupation of 37 per cent of the territory of Cyprus by Turkish forces and the continued division of the country, and that the Government was still prevented, by the use of force, from implementing the provisions of the International Convention in the occupied part of the country since the invasion in 1974. The Committee further wished to reiterate that the continuing artificial division of the country had adversely affected efforts to reduce tension among the various ethnic and religious communities which comprised the population.

The Committee considered among position aspects that the State party had undertaken measures for the preparation of a bill for the protection of refugees which would protect the rights of refugees and displaced persons regardless of their ethnic origin. It also noted with appreciation that Cyprus had undertaken steps for the implementation of the Committee’s recommendations regarding the introduction of amendments to Law II (III) of 1992, adding that the proposed amendments included the penalisation of the expression of racist ideas through electronic media.

Principal subjects of concern included insufficient information on the demographic composition of the occupied part of Cyprus, due to the fact that the State party was still prevented by the Turkish army from undertaking any census on the whole territory of the country. The Committee was also concerned that members of the public may not be sufficiently aware of the protection against racial discrimination provided by the Convention. In this connection, the lack of information on complaints concerning racially motivated offences, other than complaints lodged by foreign housemaids, as well as the absence of lawsuits in courts claiming racial discrimination, and the absence of communications filed with the Committee, might indicate that awareness of the Convention was not high among judges and lawyers.

The Committee recommended, among other issues, that information be provided by the State party on the enactment of legislation for the protection of refugees bill and the proposed amendments of the Law II (III) of 1992; that the State party provide information in its next periodic report on the implementation of recommendations made by the Commissioner for Administration to remedy the procedure for employment of foreign housemaids in Cyprus; and that the State party consider measures for improving awareness of the Convention and associated legal and administrative remedies, and that lawyers and administrators be supplied with information on the Convention and available remedies.

Discussion on Report of Jordan

TURKI HADDAD, Legal Advisor at the Office of the Prime Minister of Jordan, responding to questions raised yesterday by experts, said that the Convention was published nationwide and distributed to bodies concerned with human rights. On the occasion of the fiftieth anniversary of the Universal Declaration on Human Rights, a series of publications on the subject were distributed to all State organs and other governmental institutions.

With respect to complaints, Mr. Haddad said that any persons claiming that their rights under the Constitution or under any international convention were violated could lodge complaints in courts. Government authorities were also liable for acts not compatible with public conduct.

Furthermore, the Jordanian Government had undertaken a number of legislative reforms in recent years to cope with international exigence, Mr. Haddad said. Particular attention was given to the modernization of the penal code in order to fight new forms of crimes.

The Government was not aware of the covert circulation of publications like the "Protocols of the Elders of Zion", Mr. Haddad said. However, such publications had been barred from entering the country and were confiscated at the border, he added.

With regard to Palestinians, Mr. Haddad said Jordan was the only State that allowed Palestinians to enjoy equal rights within the country. They were given passports to facilitate their travel even if they had no Jordanian nationality; they could stand political elections on all levels; and they could participate in all spheres of life. The fact that some Palestinians still lived in camps did not in any way imply racial segregation. They could freely move within the Jordanian territory and join any business activities of their choice. The camps were set up under the supervision of the United Nations.

Responding to additional questions raised by Committee experts, Mr. Haddad said that since numerous international and national meetings were held all the time in Jordan, the Government wished to be informed about the nature of those meetings. The Government was not exercising any form of pressure or hampering with the right to freedom of association.

Concerning the press law, Mr. Haddad said that because of complaints by journalists, the new press law had been subjected to numerous amendments by the Senate. The new law required a certain amount of capital to run a newspaper which was considered a scandal by many journalists. By including such provisions in the law, the Government intended to prevent the implantation of foreign interests through subsidies to local newspapers, he added.