CERD ADOPTS RECOMMENDATIONS ON NORWAY, FINLAND, SAINT VINCENT AND THE GRENADINES AND MALAWI

CERD
63rd session
22 August 2003
Morning






The Committee on the Elimination of Racial Discrimination this morning adopted recommendations on reports presented to it by Norway, Finland, and Saint Vincent and the Grenadines on how those countries implement the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination. The Committee also adopted conclusions on the situation in Malawi which it considered under its review procedure.

With regard to the report of Norway, the Committee commended the adoption of a second National Plan of Action to Combat Racial Discrimination, and the State party’s policy in respect of national minorities based on the principle of respect for cultural diversity.

While the Committee acknowledged the frankness of the State party and its efforts to combat discrimination faced by minorities in relation to the housing and labour markets, it remained concerned about the persistence of such discrimination, and encouraged the State party to intensify its efforts in these fields.

The Committee took note of Norway’s observation that a formal ban on organizations might not be very effective to combat racism, due to the fact that the groups involved in most of the racist activities were loose networks and not formal organizations. The Committee recommended that the State party adopt the necessary legislation in order to ensure full compliance with the Convention in this respect.

After consideration of the report of Finland, the Committee commended the State party’s excellent record of ratification of international human rights instruments. It also noted with satisfaction the introduction of a provision punishing participation in organizations which promoted or incited racial discrimination.


The Committee suggested that the State party give more adequate weight to self-identification by the individual, as indicated in general recommendation VIII. The Committee again urged the State party to find an adequate settlement of the land dispute together with the Sami people and recommended that it adhere to ILO Convention 169 as soon as possible.

The Committee urged Finland to guarantee respect for the legal safeguards for asylum-seekers and to ensure that all its asylum procedures conformed to its international obligations in this field. The Committee also recommended that the State party take all necessary measures with a view to promoting tolerance and overcoming prejudices and negative stereotypes in order to avoid any form of discrimination against members of the Roma community.

The Committee welcomed the submission by Saint Vincent and the Grenadines of a report after a lapse of more than twenty years, and took note of the difficulties presently faced by the State party, in particular its economic vulnerability in the context of globalization, and the massive infrastructural damage caused by natural disasters and of the fact that its limited resources were devoted to reconstruction rather than development.

Among its concerns, the Committee indicated that it was troubled that the Constitution did not contain reference to economic, social and cultural rights.

Recalling the intersectionality of racial discrimination and poverty issues, the Committee recommended, among other things that Saint Vincent and the Grenadines include in its next periodic report information on affirmative action measures adopted in conformity with article 2 paragraph 2 of the Convention, in order to ensure the adequate development and protection of minority groups, in particular the Caribs.

Having reviewed the situation of Malawi without a report, under its review procedure, the Committee welcomed the establishment of the Malawi Human Rights Commission in 1999, endowed with the task of protecting and promoting human rights, investigating human rights violations, and following up individual complaints. The Committee noted that the State party’s Constitution prohibited discrimination, particularly on the grounds of race, colour, language, nationality, religion, and ethnic origin, and allowed for the adoption of legislation to address inequalities in society and to prohibit discriminatory practices.

The Committee expressed concern that, although the State party had ratified the main international human rights instruments, it had not fulfilled its reporting requirements to the human rights treaty bodies. It was also concerned about the State party’s reservations to the 1951 Convention relating to the status of refugees, which, in particular, reduced the protection offered to refugees in the field of employment, access to property, right of association, education and social security.

Among its recommendations, the Committee suggested that Malawi assess and prevent racial discrimination against women in general, and that programmes to combat prejudices and to promote tolerance be included in the school curriculum. The Committee strongly urged the Government of Malawi to avail itself of the technical assistance offered under the advisory services and technical assistance programme of the Office of the United Nations High Commissioner for Human Rights, with the aim of drawing up and submitting as soon as possible a report.

The Committee will meet again at 3 p.m. to hold the last meeting of the sixty-fourth session, during which time it should adopt its report.

Norway

The Committee took note of the amendments to Norway’s Immigration Act in 2000, namely the transfer of responsibility for the State party’s immigration policy, as well as the appointment of a Committee to revise the Immigration Act. It also commended the adoption of a second National Plan of Action to Combat Racial Discrimination, and the State party’s policy in respect of national minorities based on the principle of respect for cultural diversity.

In the light of the absence of statistical data on the ethnic composition of Norwegian society, the Committee recommended that the State party provide an estimate of the demographic composition of the population in subsequent reports. While acknowledging the State party’s national security concerns, the Committee recommended that the State party seek to balance those concerns with its human rights recommendations.

The Committee took note of the State party’s observation that a formal ban on organizations might not be very effective to combat racism, due to the fact that the groups involved in most of the racist activities were loose networks and not formal organizations. The Committee recommended that the State party adopt the necessary legislation in order to ensure full compliance with the Convention in this respect.

While the Committee acknowledged the frankness of the State party and its efforts to combat discrimination faced by minorities in relation to the housing and labour markets, it remained concerned about the persistence of such discrimination, and encouraged the State party to intensify its efforts in these fields.

The Committee also encouraged the State party to include adequate provisions to combat discrimination in relation to access to places intended for use by the general public in the Proposed Act on the protection against ethnic discrimination. With regard to article 7 of the Convention, the Committee noted with concern that courses focusing on racism and discrimination were not compulsory in the basic curriculum of the Police Academy, and invited the State party to consider reforming the Academy’s education programme.

Finland

The Committee commended the State party’s excellent record of ratification of international human rights instruments. The Committee welcomed the adoption of a Plan of Action to combat ethnic discrimination and racism aiming to support and develop measures enhancing good inter-ethnic relations and preventing ethnic discrimination and racism in Finnish society. The Committee also welcomed the programmes and institutions put in place as well as the research and studies undertaken by the State party for the promotion and protection of human rights, and welcomed the approval in January 2003 of a Government Bill revising the Penal Code and including ‘racist motives’ as aggravating circumstances of a crime. It also noted with satisfaction the introduction of a provision punishing participation in organizations which promoted or incited racial discrimination.

The Committee suggested that the State party give more adequate weight to self-identification by the individual, as indicated in general recommendation VIII. The Committee again urged the State party to find an adequate settlement of the land dispute together with the Sami people and recommended that it adhere to ILO Convention 169 as soon as possible.

The Committee encouraged the State party to continue monitoring all tendencies which could give rise to racist and xenophobic behaviour and to combat the negative consequences of such tendencies. The Committee further recommended that the State party continue to promote at all levels of education general awareness of diversity and multiculturalism and put into practice effective measures to facilitate the integration of minority groups in Finnish society. It also recommended that the State party take appropriate measures to combat racist propaganda on the Internet.

The Committee urged the State party to guarantee respect for the legal safeguards for asylum-seekers and to ensure that all its asylum procedures conform to its international obligations in this field. The Committee also recommended that the State party take all necessary measures with a view to promoting tolerance and overcoming prejudices and negative stereotypes in order to avoid any form of discrimination against members of the Roma community.

Saint Vincent and the Grenadines

The Committee welcomed the submission by the State party of a report after a lapse of more than twenty years, and took note of the difficulties presently faced by the State party, in particular its economic vulnerability in the context of globalization, and the massive infrastructural damage caused by natural disasters and of the fact that its limited resources were devoted to reconstruction rather than development.

The Committee welcomed the fact that under section 16 of the Constitution, any individual alleging that his/her rights, as enshrined in the Constitution, had been violated, could apply to the High Court for redress. The Committee welcomed the information provided by the State party on the content of its Constitution regarding human rights, and in particular the right not to be discriminated against.

The Committee recommended that the State party review and amend its domestic laws so that they fully comply with the Convention. The Committee recommended that information on the ethnic composition of the population, the various languages spoken, as well as on interethnic relations in Saint Vincent and the Grenadines be included in the next periodic report. It was concerned that the Constitution did not contain reference to economic, social and cultural rights.

Recalling the intersectionality of racial discrimination and poverty issues, the Committee recommended that the State party include in its next periodic report information on affirmative action measures adopted, in conformity with article 2 paragraph 2 of the Convention, in order to ensure the adequate development and protection of minority groups, in particular the Caribs. The Committee also recommended that the State party ensure, as provided in article 5 and 6 of the Convention, the enjoyment by all of effective protection and remedies against acts of racial discrimination which violated his/her human rights, including economic, social, and cultural rights.

The Committee noted that information was provided by the State party on existing human rights associations in the country, but remained concerned about the reported weakness of civil society in Saint Vincent and the Grenadines.


Malawi

The Committee regretted that the State party had not yet reported to the Committee since it ratified the Convention in 1996. It expressed concern that, although the State party had ratified the main international human rights instruments, it had not fulfilled its reporting requirements to the human rights treaty bodies. The Committee was aware that the State party was currently facing a very difficult situation, due in part to serious food shortages and a very high prevalence of HIV/AIDS amongst the population, and further noted that the insufficient education infrastructure and the high illiteracy rate constituted impediments to the full implementation of the Convention.

The Committee welcomed the establishment of the Malawi Human Rights Commission in 1999, endowed with the task of protecting and promoting human rights, investigating human rights violations, and following up individual complaints. The Committee noted that the State party’s Constitution prohibited discrimination, particularly on the grounds of race, colour, language, nationality, religion, and ethnic origin, and allowed for the adoption of legislation to address inequalities in society and to prohibit discriminatory practices. The Committee was nevertheless concerned that no further legislation had been adopted to prevent and eliminate racial discrimination.

The Committee expressed concern over the State party’s reservations to the 1951 Convention relating to the status of refugees, which, in particular, reduced the protection offered to refugees in the field of employment, access to property, right of association, education and social security. The Committee recommended in this context in particular that the State party take steps to ensure that child refugees were, in practice, given access to education.

The Committee also recommended that the State party assess and prevent racial discrimination against women in general, and that programmes to combat prejudices and to promote tolerance were included in the school curriculum. The Committee strongly urged the Government of Malawi to avail itself of the technical assistance offered under the advisory services and technical assistance programme of the Office of the United Nations High Commissioner for Human Rights, with the aim of drawing up and submitting as soon as possible a report. The Committee also decided that a communication be sent to the Government of Malawi setting out its reporting obligations and urging that the dialogue with the Committee start as soon as possible.



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