COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION ADOPTS CONCLUDING RECOMMENDATIONS ON REPORTS OF COSTA RICA, JAMAICA

CERD
60th session
21 March 2002
Afternoon




Starts to Adopt Conclusions on Report of Denmark



The Committee on the Elimination of Racial Discrimination this afternoon approved its remaining conclusions on the report of Costa Rica, adopted its concluding observations and recommendations on the reports of Jamaica, and started to adopt its observations on the report of Denmark.
With regard to the sixteenth periodic report of Costa Rica, the Committee expressed concern at the alleged manifestations in the media of racism, xenophobia and intolerance against minority groups; and it recommended that the State party support the adoption of a code of ethics for the media.
The Committee was also concerned at the living and working conditions of all immigrants in Costa Rica, most of them from Nicaragua, who might become victims of discrimination in terms of article 5 of the Convention; it recommended that the State party continue its efforts to ensure the rights of the immigrant population as regards discrimination on the grounds of race, ethnic or national origin.
On the eighth to fifteenth periodic reports of Jamaica, the Committee reminded the State party that the absence of complaints by victims of racial discrimination could indicate a lack of awareness of available legal remedies; and it encouraged the State party to consider its position concerning racial discrimination in its territory and to implement effective measures to address direct and indirect discrimination.
The Committee suggested that Jamaica consider withdrawing its reservation to article 4 of the Convention; it recommended, among other things, that the State party include in its forthcoming report information concerning the measures taken to implement article 5 of the Convention; and it recommended that the State party consider the possibility of making a declaration on article 14 of the Convention.
Concerning positive aspects of the reports of Jamaica, the Committee welcomed the enactment of the Public Defenders (Interim) Act (1999), which had created the Office of the Public Defender to protect and enforce human rights and provide remedies for the infringement of those rights.
And concerning the fifteenth periodic report of Denmark, the Committee cited a number of positive aspects, among which it welcomed the recent recommendations by the ministerial committee to incorporate the Convention into Danish law; the positive steps taken to implement the Act on Integration of Aliens (1998); the temporary suspension of the licence of the Radio OASEN owned by a neo-Nazi Association; and the improvement of employment opportunities for minorities and refugees in the public sector.
The Committee said it was aware of reports of an increase in hate speech in Denmark; while it acknowledged the need for a balance between freedom of expression and racist abuse and stereotype, the Committee recommended that the State party carefully monitor the violation of articles 2 and 4 of the Convention.
The Committee commended Denmark for having invested in its human rights institutions and in a number of non-governmental organizations, which had served human rights and the needs of minority groups, but was concerned about plans to reduce their financial means and the potential impact of those plans on such organizations.
When the Committee reconvenes at 10 a.m. on Friday, 22 March, which will be the last day of its three-week session, it will continue adopting concluding observations and recommendations on the reports of Denmark and other countries.
Concluding Observations and Recommendations on Report of Costa Rica
The Committee said it took note of the fact that the draft act for the Autonomous Development of the Indigenous People, aimed at recognizing the complete autonomy of the indigenous people and their right to enjoy their own cultures as well as the right to administer their territories, was withdrawn in Congress; and it noted that in June 2001 a new draft, similar in content to the draft act for the Autonomous Development of the Indigenous People, was presented in Parliament.
The Committee noted with concern the shortcomings of the State party in its activities on behalf of indigenous peoples, as reported by the Office of the Ombudsman, in particular the failure on the part of the authorities to maintain communication with the indigenous population and the absence of specific government plans for them; in that context, the Committee wished to refer to its General Recommendation 23, in which it called upon States parties to ensure that members of indigenous peoples had equal rights in respect of effective participation in public life and that no decisions directly relating to their rights and interests were taken without their informed consent.
After expressing concern at the alleged manifestations in the media of racism, xenophobia and intolerance against minority groups, the Committee recommended that the State party should support the adoption of a code of ethics for the media.
The Committee was also concerned about the living and working conditions of all immigrants, most of them from Nicaragua, who might become victims of discrimination in terms of article 5 of the Convention; it recommended that the State party continue its efforts to ensure the rights of the immigrant population as regards discrimination on the grounds of race, ethnic or national origin.
The Committee expressed concern at the alleged discriminatory application of legislation in force on refugee status determination procedures; according to information received, the requirements set by that legislation to determine refugee status were applied differently to different nationalities; it recommended that the State party ensure equal treatment for all asylum-seekers in refugee status determination proceedings.
It was also concerned about the lack of representation of minorities at judicial and government level; and recommended that the State party undertake affirmative action to ensure minorities representation at that level.
The Committee recommended that Costa Rica continue to undertake educational campaigns to raise awareness of human rights and in particular of issues concerning racism, xenophobia and intolerance in order to prevent and combat all forms of discrimination.
And the Committee requested the State party to 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 Reports of Jamaica
The Committee welcomed, as part of positive aspects, the enactment of the Public Defenders (Interim) Act (1999), which had created the Office of the Public Defender to protect and enforce human rights and provide a remedy for the infringement of those rights.
The Committee noted that Jamaica was undergoing a constitutional review process intended to, inter alia, provide for the enactment of a Ratification of Treaties Act to ensure the incorporation of international treaty obligations into domestic legislation; and it encouraged the State party to take further measures to finalize the review process and to submit relevant information concerning that matter in its next periodic report.
The Committee said that it had difficulties to accept the assertion made by States parties as to the absence of racial discrimination in their territories; the Committee reminded the State party that the absence of complaints by victims of racial discrimination could indicate a lack of awareness of available legal remedies; it encouraged the State party to consider its position concerning racial discrimination in its territory and to implement effective measures to address direct and indirect discrimination; and it recommended that the State party take appropriate measures to inform the public of the availability of legal remedies for victims of racial discrimination.
The Committee was concerned about the absence in Jamaica of specific legislative, administration and such measures, which aimed to give effect to article 4 of the Convention, especially article 4 (b), prohibiting racist organizations; and it underlined the obligations of the State party under the Convention and reiterated its view as to the preventive role of such legislation.
The Committee again suggested that the State party consider withdrawing its reservation to article 4 of the Convention; it recommended, among other things, that the State party include in its forthcoming report information concerning the measures taken to implement article 5 of the Convention; and it recommended that the State party consider the possibility of making a declaration on article 14 of the Convention.
And the Committee requested the State party to 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 Denmark
The Committee cited a number of positive aspects in the report, among which it welcomed the recent recommendations by the ministerial committee to incorporate the Convention into Danish law; the positive steps taken to implement the Act on Integration of Aliens (1998); the temporary suspension of the licence of the Radio OASEN owned by a neo-Nazi Association; the improvement of employment opportunities for minorities and refugees in the public sector; and the establishment of the Commission on Self-Government in Greenland to submit proposals for the amendment of the Home Rule Act.
The Committee noted that the new Act on Integration of Aliens (1998) transferred the responsibility for aliens' integration from the central to the local authorities; while the Committee welcomed the efforts by the central government to carefully monitor the local authorities, it recommended that the State party pay particular attention to ensuring that the geographical distribution of aliens within the State party was organized on the principle of equity and did not lead to the violation of their rights recognized under the Convention.
The Committee said it was aware of reports of an increase in hate speech in Denmark; while it acknowledged the need for a balance between freedom of expression and racist abuse and stereotype, the Committee recommended that the State party carefully monitor the violation of articles 2 and 4 of the Convention.
It said that policies and practices such as the housing dispersal policy, the quota system of admitting a defined percentage of minority children to certain creches and nurseries, and the reported prohibition on mother tongue use in some institutions might lead to indirect discrimination; and it requested the State party to provide it with further information on the issue in its next periodic report.
The Committee commended Denmark for having invested in its human rights institutions and in a number of non-governmental organizations, which had served human rights and the needs of minority groups but was concerned about plans to reduce their financial means and the potential impact of those plans on such organizations; and it urged the State party to ensure that the organizational restructuring of the functions of the Board of Ethnic Equality and the Centre for Human Rights would strengthen the overall work on human rights and in particular the protection of the rights of ethnic minorities.


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