COMMITTEE COMPLETES CONSIDERATION OF CONCLUDING OBSERVATIONS AND RECOMMENDATIONS ON ESTONIA, NEW ZEALAND AND HUNGARY

CERD
61st session
22 August 2002
Afternoon



The Committee on the Elimination of Racial Discrimination this afternoon concluded consideration of its draft concluding observations and recommendations on periodic reports of Estonia, New Zealand and Hungary.
The conclusions of these and the remaining countries will be officially released in their definitive forms on Friday, 23 August, following which the 18-member Committee will adjourn its three-week session.
With regard to the conclusions on the report of Estonia, the Committee, once it formally adopts its responses, will note appreciation for the increasing debate and recognition in the State party of the multi-cultural nature of Estonian society and implementation of a programme which aims at furthering the integration of minorities at the socio-economic level. It will remain concerned by the situation of the Russian minority residing in Estonia and the state of its economic, social and cultural rights, including the right to employment, health care and education; and it will cite particular concerned over "double discrimination" against women based on sex and on national or ethnic discrimination.
As regards draft concluding observations on New Zealand, if adopted, the Committee, among other things, will welcome information that the country's "fiscal envelope" policy, which had set a cap both on the total funds available for settlement of claims with the Maori minority and a time frame for the settlement of all historical claims, had been abandoned in 1996. If the draft text is adopted, the Committee will cite concern over continued disadvantages that Maori, Pacific and other communities face in the enjoyment of their fundamental economic and social rights, such as employment, housing, social welfare and access to health care; and it will invite the State to devote priority attention to those issues.
Concerning the draft text on Hungary, the Committee will reiterate, if the draft text is adopted in its definitive form, satisfaction with the promulgation and implementation of an Act on the Rights of National and Ethnic Minorities which has recognized 13 minorities and provided them with a degree of cultural autonomy. It will cite concern about a number of allegations of ill-treatment and discrimination against Roma and non-citizens by law enforcement officials and especially by the police. It will recommend that the State party intensify efforts to combat ill-treatment of Roma and other minority groups.
The Committee is the only United Nations treaty body mandated to monitor the implementation of the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination, which has been ratified by 162 countries.
When the Committee reconvenes at 10 a.m. Friday, 23 August, it will continue its discussion of remaining draft conclusions on other countries whose periodic reports were considered this session. The Committee should release all its concluding observations on country reports before closing its sixty-first session during the course of the day.

Draft Conclusions on Estonia
The Committee considered draft concluding observations and recommendations for the fifteenth periodic report of Estonia. It is expected to formally adopt these responses on Friday 23 August.
When the text will be adopted in its definitive form, the Committee will remain concerned by the situation of the Russian minority residing in Estonia, among other things in relation to economic, social and cultural rights, including the right to employment, health care and education; and it will cite particular concerned over double discrimination against women, based on sex and national or ethnic discrimination.
According to the draft, the Committee will be concerned about limited access to remedies for those complaining over potential discriminatory violations in relation to, among other things, the labour market, housing and education. The Committee will recommend that the Equality Council mentioned in the draft Equality Act be established according to General Recommendation 17 of the Committee as a national human rights institution.
Although it will welcome the elimination of language requirements from the Election Act and the Local Government Council Election Act, the Committee will express concern that, according to article 48 of the Estonian Constitution, only citizens may be members of political parties. Furthermore, the Committee will consider it important that political bodies in towns with a majority of Russian-speaking inhabitants were offered the possibility to conduct their work in Russian, as stipulated in the Law on Languages and in the Local Government Organization Act. It will urge the State Party to include in its next periodic report more detailed information on that issue and on progress achieved.
The Committee will recommend that the Estonian Government consider becoming a party to the United Nations Convention on the Reduction of Statelessness (1961); the United Nations Convention Relating to the Status of Stateless People (1954); and the UNESCO Convention Against Discrimination in Education (1960).
And the Committee will recommend that the State party take into account relevant parts of the Durban Declaration and Programme of Action when incorporating the Convention into the Estonian legal order.
According to other paragraphs of the draft text adopted this morning, the Committee will appreciate the increasing debate and recognition in the State party of the multi-cultural nature of Estonian society. It will welcome the progressive implementation of the State programme "Integration in Estonian Society 2000-2007", aimed at furthering the integration of minorities at the socio-economic level. It will also welcome the enactment of the new Penal Code, which contained provisions relating to the criminalization of incitement to racial hatred and violation of equality. The Committee will also welcome the amendment to the Act of Basic and Upper Secondary Schools, which authorized secondary schools to continue teaching in languages other than Estonian beyond 2007.

Draft Conclusions on New Zealand
The Committee, among other things -- when its conclusions and recommendations on the report of New Zealand is adopted in final form -- will welcome information that the "fiscal envelope" policy which set a cap both on total funds available for the settlement of claims with Maori citizens and the time frame for the settlement of all historical claims by the Maori had been abandoned in 1996 in favour of programme of "fair and equitable" settlements. The Committee will cite encouraged at the progress that had since been made on the settlement of historical Maori grievances and claims with individuals and with tribes, including components of financial compensation and a formal apology on behalf of the Crown.
The Committee will also welcome acknowledgement of the disadvantaged position in society of minorities, especially Maori, and accordingly will cite its appreciation of the large number of initiatives, programmes and projects in many areas designed to address the specific needs of Maori, Pacific people and persons from other groups such as refugees and ethnic minorities.
Further, if the draft conclusions are adopted, the Committee will welcome the introduction of amendments to the electoral roll system, in particular the Maori Electoral option; and the State party's policies and initiatives designed to improve the status and use of the Maori language, including an increased supply of services in the Maori language, including in education and State broadcasting.
The Committee will remain concerned over the continued disadvantages that Maori, Pacific and other communities face in the enjoyment of their fundamental economic and social rights, such as employment, housing, social welfare and access to health care. The State party will be invited to devote priority attention to these issues and to continue to encourage active and effective participation by those communities in the search for solutions.
Moreover, the Committee will continue to be concerned at the low representation of Maori women in a number of key sectors, as well as their particular vulnerability to domestic violence. It will also remain concerned about the disproportionately high representation of Maori and Pacific Islanders in correctional facilities; and will invite the State party to ensure appropriate funding for measures envisaged or already initiated to address the problem.

Draft Conclusions on Hungary
In its draft text on Hungary, if the text is adopted in its definitive form, the Committee will reiterate, its satisfaction with the promulgation and implementation of a Hungarian Act on the Rights of National and Ethnic Minorities which has recognized 13 minorities and provided them with a degree of cultural autonomy as well as a wide range of educational and linguistic rights. It will welcome the introduction of new provisions into the Criminal Code penalizing violence against members of minorities; will welcome positive elements incorporated into the country's Law on Minor Offences, dealing with discrimination against employees; and will commend the activities of the Parliamentary Commissioners for National and Ethnic Minority Rights and for Civil Rights.
According to the draft text, the Committee will express concern that existing legislation did not cover all aspects of article 4 of the Convention; it will reaffirm the obligation of the State party to apply the legislation effectively. It will request the State party to provide specific information on the application by the national courts of articles of the Convention.
The Committee will cite concern about a number of allegations of ill-treatment and discrimination against Roma and non-citizens by law enforcement officials and especially by the police. It will recommend that the State party intensify its efforts to combat ill-treatment of Roma and other minority groups.
If the draft text is adopted, the Committee also will cite concern about proportionately high unemployment rates among the Roma population; and it will recommend that the State party strictly apply existing anti-discriminatory provisions in that field and ensure in particular fair access for Roma to professional training programmes and to professional activities.
The Committee will express concern about discriminatory practices against persons belonging to the Roma minority in respect of access to places of use by the general public, such as restaurants, bars or cafes; and will commend that the State party continue to intensify its efforts to combat such behaviour and to raise awareness of the population to all aspects of racial discrimination.
And the Committee will recommend that the State party take into account relevant parts of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order.



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