COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION ADOPTS CONCLUDING RECOMMENDATIONS ON REPORTS OF BELGIUM

CERD
60th session
21 March 2002
Morning



Starts to Adopt Conclusions on Report of Costa Rica



The Committee on the Elimination of Racial Discrimination this morning adopted its concluding observations and recommendations on the eleventh to thirteenth periodic reports of Belgium by expressing concern about several cases of racist incidents in police stations by law-enforcement officials whose victims were immigrants and asylum-seekers.
The Committee said that it was also concerned about reports, according to which children belonging to ethnic minority groups had experienced verbal violence; and it recommended that all the necessary measures be taken to prosecute racially-motivated acts of violence by law enforcement officials.
Further, the Committee expressed concern at the length of the investigation procedures of complaints of victims of racial discrimination; and recommended that the State party ensure that all acts of racism and racial discrimination be investigated and that the alleged perpetrators, if found guilty, be punished.
As part of positive aspects in the report of Belgium, the Committee welcomed, among other things, recent developments that had taken place in Belgium in the field of human rights. It noted with appreciation the State party's efforts in the field of legislative reform; and the work of the Centre for Equal Opportunity and the Struggle against Racism, in particular the agreement reached between the Post and the Centre in view of preventing the distribution of material containing racist propaganda and xenophobic statements.
Also this morning, the Committee started adopting concluding observations and recommendations on the sixteenth periodic report of Costa Rica, expressing concern about the situation of indigenous people, in particular about information according to which indigenous people living in remote regions suffered, among other things, from a lack of health care, education, drinking water and electricity. They also faced problems of ownership of land, part of which had reportedly been appropriated by migrants and transnational enterprises.
The Committee noted as positive aspects the precedence of international treaties over constitutional provisions and that international human rights treaties could be invoked directly before the courts; the adoption in May 1999 of article 76 of the Constitution, according to which the State party ensured that the national indigenous languages were safeguarded; and that the President of Costa Rica had publicly apologized for past errors committed against Afro-Costa Ricans.
Belgium and Costa Rica are among the 161 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination and as such they are obligated to submit periodic reports to the Committee enabling it to monitor the implementation of the provisions of the treaty in those countries.
When the Committee reconvenes at 3 p.m., it will continue to adopt concluding observations and recommendations on Costa Rica and other country reports. The Committee is scheduled to conclude its three-week session on Friday, 22 March.

Concluding Observations and Recommendations on Reports of Belgium
As part of positive aspects, the Committee welcomed recent developments that had taken place in Belgium in the field of human rights; and the declaration made by the State party under article 14 of the Convention. The Committee noted with appreciation the State party's efforts in the field of legislative reform; the work of the Centre for Equal Opportunity and the Struggle against Racism, in particular the agreement reached between the Post and the Centre in view of preventing the distribution of material containing racist propaganda and xenophobic statements. It welcomed the measures taken by the State party to raise the awareness of racism and racial discrimination; the election of a body representing the Muslim communities with the view to maintaining and developing a dialogue with the public authorities in the country; and it took note of measures undertaken in order to forbid discrimination in collective labour agreements, among other things.
The Committee noted that no reference was made in the reports to article 3 of the Convention and recommended that the State party provide in its next periodic report any trends of segregation between communities, especially in large cities, and measures taken by the authorities to prevent such developments.
The Committee was concerned that no legislation prohibited racist organizations and propaganda activities, and recommended that the State party provide information on the application of the 1998 law, taking into account the mandatory nature of article 4 of the Convention. If the State party enacted legislation that would declare illegal and prohibit any organization which promoted or incited to racism and racial discrimination, it should consider withdrawing its reservation to that article.
The Committee expressed concern at the length of the investigation procedures of complaints of victims of racial discrimination; and recommended that the State party ensure that all acts of racism and racial discrimination be investigated and that the alleged perpetrators, if found guilty, be punished.
Concern was expressed about several cases of racist incidents in police stations by law-enforcement officials whose victims were immigrants and asylum-seekers; the Committee was also concerned about reports, according to which children belonging to ethnic minority groups experienced verbal violence; and it recommended that the State party take all the necessary measures to prosecute racially motivated acts of violence by law enforcement officials and to prevent such verbal offenses against persons belonging to ethnic minority groups and to continue in its efforts to promote inter-cultural tolerance, understanding and respect.
The Committee was concerned about the difficulties of access to employment and housing of members of ethnic minorities; and recommended that the State party provide in its next periodic report information on the situation concerning all regions of the State party, including complaints on cases of racial discrimination and the redress, if any, provided to the victims.
While noting the satisfactory measures taken in the State party, especially by the Centre for Equal Opportunity and the Struggle against Racism, following the events of 11 September, in order to promote tolerance between religious communities, the Committee regretted the occurrence of racial acts against persons belonging to ethnic minorities, especially those of the Muslim faith; and the Committee recommended that the State party include in its next periodic report detailed information on the development of the situation and the work of the Centre.
The Committee requested that the State party take into account the relevant parts and recommendations of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order, and to include in its next periodic report information on the action plans or other measures it had taken to implement the Durban Declaration and Programme of Action at the national level.

Concluding Observations and Recommendations on Report of Costa Rica
Cited among positive aspects in the report were the precedence of international treaties over constitutional provisions and that international human rights treaties could be invoked directly before the courts; the adoption in May 1999 of article 76 of the Constitution, according to which the State party ensured that the national indigenous languages were safeguarded; and that the President of Costa Rica had publicly apologized for past errors committed against Afro-Costa Ricans. The Committee welcomed the adoption of a recent rule by the Office of the National Control of Propaganda prohibiting any radio broadcasting or transmission or any commercial product depicting bias against women, particularly black women.
The Committee said it was concerned that the crime of racial discrimination under Costa Rican legislation was a misdemeanour subject to financial penalty; and recommended that penalties were commensurate to the gravity of the crime in question.
The Committee was also concerned about the situation of indigenous people, in particular about information according to which indigenous people living in remote regions suffered, among other things, from the lack of health care, education, drinking water and electricity. They also had problems of ownership of land, part of which had reportedly been appropriated by migrants and transnational enterprises. There were also difficulties faced by indigenous people in obtaining public funds for the improvement of their living standards; and infant mortality among indigenous communities was reportedly three times higher than the national average. The Committee invited the State party to pay due attention to the specific needs of that population; and it recommended that the necessary measures be undertaken to protect the indigenous lands from being invaded and enable the restitution of those lands already occupied by non-indigenous people.



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