COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION ADOPTS CONCLUDING RECOMMENDATIONS ON REPORTS OF ECUADOR, SAUDI ARABIA

CERD
62nd session
20 March 2003
Afternoon



Starts Adopting Conclusions on Reports
of the Russian Federation


The Committee on the Elimination of Racial Discrimination this afternoon adopted its concluding observations and recommendations on the reports of Ecuador and Saudi Arabia. It also started adopting its conclusions on the reports of the Russian Federation.
With regard to the thirteenth to sixteenth periodic reports of Ecuador, the Committee noted with satisfaction that the 1998 Constitution, as well as other legal provisions, guaranteed special measures of protection for indigenous people and Afro-Ecuadorians people, and criminalized racial discrimination against those and other ethnic minorities.
The Committee, however, noted that despite Constitutional and legal guarantees, indigenous and Afro-Ecuadorian people as well as members of other ethnic minorities were de facto discriminated against. It urged the State party to ensure the application of the Constitutional and legal provisions which outlawed racial discrimination and guaranteed special protection measures.
Concerning the initial and second periodic reports of Saudi Arabia, the Committee cited among positive aspects the reforms in the field of human rights which the State party had embarked on; the dialogue and cooperation of the State party with the UN human rights mechanisms; the recent initiative taken to include non-Saudis in a health insurance system; and the measures taken to put an end to the practice of employers who retained the passports of their foreign employees.
The Committee expressed concern about allegations of substantial prejudice against migrant workers, in particular those coming from Asia and Africa; and about allegations that a disproportionate number of foreigners were facing the death penalty. It encouraged the State party to cooperate fully with the Special Rapporteur on extrajudicial, summary and arbitrary executions who had requested information on several cases of migrant workers being sentenced to death.
Also this afternoon, the Committee started to adopt its conclusions on the fifteenth to seventeenth periodic reports of the Russian Federation, welcoming, among other things, the concrete measures taken by the State party against extreme nationalist and racist organizations; and the assurances given by the delegation of the State party that displaced persons from Chechnya living in neighbouring regions would be allowed to vote in the referendum on a new Constitution in Chechnya.
The Committee was concerned about reports of racially selective inspections and identity checks targeting people from specific minorities, including those from the Caucasus and Central Asia, and the Roma people. It recommended that the State party take immediate steps to stop the practice of arbitrary identity checks by law enforcement authorities.
Ecuador, Saudi Arabia and the Russian Federation are among the 167 States parties to the International Convention on the Elimination of all Forms of Racial Discrimination and they are obligated to present periodic reports on their efforts to fight racial bias.
When the Committee reconvenes at 10 a.m. on Friday, 21 March, it will continue to adopt the remaining concluding observations and recommendations on country reports considered during the past three weeks before adjourning its session.

Concluding Observations and Recommendations on Reports of Ecuador
Among positive aspects in the thirteenth to sixteenth periodic reports of Ecuador, the Committee noted with satisfaction that the 1998 Constitution, as well as other legal provisions, guaranteed special measures of protection for indigenous people and Afro-Ecuadorians people, and criminalized racial discrimination against those and other ethnic minorities. It welcomed the adoption of several operational plans under the framework of the State party's national human rights plan, in particular the operative plans on the rights of black persons and on the rights of foreigners, migrants, refugees, stateless and displaced persons; the creation of an Ombudsman's office with special directorates for indigenous and Afro-Ecuadorian affairs, and of a Commission for Public Coordination on Human Rights; and the introduction of a bilingual education system in the country.
The Committee expressed concern about the lack of reliable statistical data on the ethnic composition of the Ecuadorian population, and recommended that the criteria for determining membership in a specific ethnic group be reconsidered to ensure the application of special legislation in favour of those groups. It further recommended that the national institutions responsible for the advancement of the rights of indigenous and Afro-Ecuadorian people be further strengthened.
The Committee noted that despite Constitutional and legal guarantees, indigenous and Afro-Ecuadorian people, as well as members of other ethnic minorities were de facto discriminated against. It urged the State party to ensure the application of the Constitutional and legal provisions which outlawed racial discrimination and guaranteed special protection measures.
Serious concern was expressed about reported instances of excessive use of force by the police and armed forces against indigenous people, particularly in the context of political demonstrations and civil uprisings. The Committee recommended that the State party avoid such instances and that it include human rights education in the professional training of police and armed forces.
The Committee was concerned about the fact that members of the ethnic minority groups often did not enjoy equal access to the employment market, land and means of agricultural production, health services, education and other facilities, and that a disproportionately high percentage of persons among those groups lived in conditions of poverty. It urged that efforts be intensified to raise the living standards of those communities with a view to ensuring their full enjoyment of their economic, social and cultural rights.
The Committee was concerned about the lack of confidence on the part of members of ethnic minorities in the Ecuadorian judicial system; and the State party was requested to report on the causes of such lack of confidence, and on whether the current reform of the judicial system had made it more efficient and more easily accessible for the poor. It recommended that the State party disseminate widely information on the availability of domestic remedies against acts of racial discrimination.
The Committee recommended that the State party take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order.
Concluding Observations and Recommendations on Reports of Saudi Arabia
Cited among positive aspects in the initial and second periodic reports of Saudi Arabia were the reforms in the field of human rights which the State party had embarked on; the dialogue and cooperation of the State party with the UN human rights mechanisms; the recent initiative taken to include non-Saudis in a health insurance system; the measures taken to put an end to the practice of employers who retained the passports of their foreign employees; and the State party's ratification of the amendment to article 8, para.6 of the Convention.
While noting that the Basic Law, and provisions of Royal Decrees, regulations and codes, as well as the Islamic Sharia, guaranteed equality, the Committee was of the opinion that the mere statement of the general principle of non-discrimination in those laws was not a sufficient response to the requirements of the Convention. It recommended that the State party adopt legislation that would meet the requirements of articles 2, 3, and 4 of the Convention.
The Committee noted that insufficient information had been provided on efforts to promote racial tolerance within the State party, such as school curricula and public information campaigns; it recommended that information be provided in the next report. The Committee recommended that the State party institute training programmes on human rights for law enforcement officials, including policemen, military and prison staff, and members of the judiciary.
The Committee was concerned about reports that persons of other racial or ethnic origins were unable to manifest their religious beliefs; and it wished to receive further information on that issue.
The Committee was concerned with allegations of substantial prejudice against migrant workers, in particular those coming from Asia and Africa; the Committee invited the State party to report on the situation of migrant women working as domestic workers and drew the attention of the State party to its General Recommendation XXV on gender-related dimensions of racial discrimination.
Further, the Committee was concerned about the allegations that a disproportionate number of foreigners were facing the death penalty; and it encouraged the State party to cooperate fully with the Special Rapporteur on extrajudicial, summary and arbitrary executions who had requested information on several cases of migrant workers being sentenced to death.
The Committee was concerned about the situation of Iraqi refugees who had lived in the Rafha refugee camp for more than twelve years under very difficult circumstances; and it hoped that the State party would find a solution to that problem in the near future.
The State party was invited to include in its next periodic report specific information on the political structure and composition of the population, including its ethnic and demographic characteristics.
The Committee recommended that the State party take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order.
Concluding Observations and Recommendations on Reports of the Russian Federation
Concerning the fifteenth to seventeenth periodic reports of the Russian Federation, the Committee welcomed, among other things, the adoption and entry into force of the Labour Code, and in particular the provisions aimed at the eradication of discrimination in labour relations; noted with appreciation the concrete measures taken by the State party against extreme nationalist and racist organizations; welcomed the adoption of a number of laws that aimed at protecting the rights of indigenous peoples, and the efforts taken to enhance cooperation between the State party and civil society organizations; and welcomed the assurances given by the delegation of the State party that displaced persons from Chechnya living in neighbouring regions would be allowed to vote in the referendum on a new Constitution in Chechnya.
The Committee noted with concern the absence of a definition of racial discrimination in domestic legislation; while laws might protect against discrimination without employing the actual term "discrimination", the Committee encouraged the State party to consider introducing into relevant laws explicit prohibition of racial discrimination as defined in article 1 of the Convention.
The Committee was concerned about reports of racially selective inspections and identity checks targeting people from specific minorities, including those from the Caucasus and Central Asia, and the Roma people. It recommended that the State party take immediate steps to stop the practice of arbitrary identity checks by law enforcement authorities.
Further, the Committee was concerned about numerous reports that residence registration was used as a means of discriminating against certain ethnic groups, and that the lack of residence registration was used to deny a number of political, economic and social rights. The Committee recommended that the State party ensure that, in the implementation of the residence registration system, the standards laid down in federal law and supported by decisions of the Constitutional and Supreme Courts were applied throughout the Russian Federation.
The Committee was concerned about consistent reports of discrimination against Meskhetians in Krasnodar Krai, including arbitrary denial of residence registration and of formal recognition of citizenship; and it recommended that the State party resolve the problem.



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