COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION ADOPTS CONCLUDING RECOMMENDATIONS ON CROATIA AND MOLDOVA

CERD
60th session
19 March 2002
Afternoon







Adopts General Recommendation on Follow-up
to the World Conference against Racism



The Committee on the Elimination of Racial Discrimination this afternoon adopted its concluding observations and recommendations on the fourth and fifth periodic reports of Croatia and on the initial to fourth periodic reports of Moldova on how those countries implement the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.

On the reports of Croatia, the Committee welcomed the efforts of the State party to introduce legislative reform in accordance with international standards, and to establish institutions, programmes and policies to promote equality. It strongly urged the State party to take effective measures to prevent discrimination, especially against Croatian Serbs, particularly as regards the restitution of their property, tenancy and occupancy rights, access to reconstruction assistance and rights to residency and citizenship.

The Committee was concerned about repeated claims of discriminatory application of the right to equal treatment before the law, particularly in the areas of property claims, where the courts reportedly continued to favour persons of Croat origin; and it recommended that the State party reinforce its efforts to ensure non-discrimination in the application of the right to equal treatment before the law, particularly in the area of repossession of property.

The Committee also adopted its remaining concluding observations and recommendations on the reports of Moldova, in which it noted that the State party was going through a difficult period of transition and was facing serious economic and social challenges; it said that the State party could not exercise its jurisdiction on part of its territory, the region of Transnistra, because of the ethnic conflict. The Committee expressed its concern about the impact of such a conflict on the implementation of the Convention.

Also this afternoon, the Committee adopted a General Recommendation on follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, in which it recommended that States, among other things, include in their periodic reports information on the action plans or other measures they had taken to implement the Durban Declaration and Programme of Action at the national level; and to disseminate the Durban Declaration and Programme of Action in an appropriate manner and provide the Committee with information on the efforts in that respect under the section of their periodic reports concerning article 7 of the Convention.

The Committee also expressed its willingness to cooperate fully with all relevant institutions of the United Nations system, in particular the Office of the High Commissioner for Human Rights, in following-up the Durban Declaration and Programme of Action.

When the Committee reconvenes at 10 a.m. on Wednesday, 20 March, it will continue adopting its concluding observations and recommendations on remaining country reports already considered during the current three-week session which will end on Friday 22 March.


Concluding Observations and Recommendations on Reports of Croatia

Concerning factors and difficulties impeding the implementation of the Convention, the Committee noted that the State party was going through a difficult period of economic and social challenges in a framework of post war reconstruction, which had resulted in obstacles to the full implementation of the Convention.

Among its positive aspects, the Committee welcomed the efforts of Croatia to introduce legislative reform in accordance with international standards, and to establish institutions, programmes and policies to promote equality; it noted with appreciation the State party's statement of cooperation with the International Criminal Tribunal for the Former Yugoslavia as well as appropriate United Nations bodies, including the Office of the High Commissioner for Human Rights and regional organizations; and it welcomed the State party's stated commitment to involve non-governmental organizations in the preparation of its next report to the Committee and its statement of intent to make a declaration under article 14 of the Convention.

The Committee reiterated its concern about the lack of clarity as to the various definitions used in the reports and in domestic legislation concerning ethnic and national minorities; it recommended that the State party include in its next periodic report clarification as to the legal definitions used for describing different minorities.

Further, the Committee said it remained concerned about the limited representation of minorities in the Croatian Parliament; and recommended that the State party take further measures to ensure fair and adequate representation of all groups of minorities. It also expressed concern at the continued practice of segregation of Roma children in the educational system and reports about discrimination against the Roma in access to employment, health, political representation and citizenship rights. The State party was recommended to pay particular attention to the situation of the Roma and to take effective measures to prevent racial segregation of Roma children in the educational system; and to strengthen its efforts to address the high dropout and poor performance rates of Roma children and guarantee non-discrimination.

The Committee recommended that the State party introduce further measures to ensure fairness, consistency and transparency in the National Programme for Return; and it was strongly urged to take effective measures to prevent discrimination, especially against Croatian Serbs, particularly as regards the restitution of their property, tenancy and occupancy rights, access to reconstruction assistance and rights to residency and citizenship.

Moreover, the Committee expressed concern that many former long-term residents of Croatia, particularly persons of Serb origin and other minorities, had been unable to regain residency status despite their pre-conflict attachment to Croatia; it again strongly urged that the State party undertake measures to ensure that all provisions of the Croatian Law on Citizenship were in conformity with article 5 of the Convention, and that the law was implemented in a non-discriminatory manner.

The Committee was concerned about repeated claims of discriminatory application of the right to equal treatment before the law, particularly in the areas of property claims, where the courts reportedly continued to favour persons of Croat origin; and it recommended that the State party reinforce its efforts to ensure non-discrimination in the application of the right to equal treatment before the law, particularly in the area of repossession of property.


Concluding Observations and Recommendations on Reports of Moldova

The Committee adopted the remaining paragraph of the concluding observations and recommendations on the report of Moldova relating to the factors and difficulties impeding the implementation of the Convention; it noted that the State party was going through a difficult period of transition and was facing serious economic and social challenges; it said that the State party could not exercise its jurisdiction on part of its territory, the region of Transnistra, because of the ethnic conflict; and the Committee said it was concerned about the impact of such a conflict on the implementation of the Convention.


General Recommendation on Follow-up to World Conference against Racism

The Committee, with the aim of strengthening the implementation of the Convention, recommended that States, among other things, accede, if they had not yet done so, to the Convention; consider making the optional declaration envisaged under article 14 of the Convention; comply with their reporting obligations; consider withdrawing all their reservations to the Convention; make increased efforts to inform the public of the existence of the complaints mechanism under article 14 of the Convention; include in their periodic reports information on the action plans or other measures they had taken to implement the Durban

Declaration and Programme of Action at the national level; and disseminate the Durban Declaration and Programme of Action in an appropriate manner and provide the Committee with information on the efforts in that respect under the section of their periodic reports concerning article 7 of the Convention.

Concerning measures to strengthen the functioning of the Committee, the Committee recommended that States parties, among other things, consider setting up appropriate national monitoring and evaluation mechanisms to ensure that all appropriate steps were taken to follow up the concluding observations and General Recommendations of the Committee; include in their periodic reports to the Committee appropriate information on the follow-up to such concluding observations and recommendations; and continue cooperating with the Committee with a view to promoting the effective implementation of the Convention.

The Committee further recommended that national human rights institutions, acting in accordance with their statutes, assist their respective States to comply with their reporting obligations and closely monitor the follow-up to the concluding observations and recommendations of the Committee; that non-governmental organizations continue to provide the Committee with relevant information in order to enhance its cooperation with them; and that the Office of the High Commissioner for Human Rights continue its efforts to increase awareness of the work of the Committee.

In conclusion, the Committee expressed its willingness to cooperate fully with all relevant institutions of the United Nations system, in particular the Office of the High Commissioner for Human Rights, in following-up the Durban Declaration and Programme of Action; to cooperate with the five independent eminent experts to be appointed by the Secretary-General to facilitate the implementation of the recommendations of the Durban Declaration and Programme of Action; to coordinate its activities with the other human rights treaty bodies with a view to achieving a more effective follow-up of the Declaration and Programme of Action; and to take into consideration all aspects of the Durban Declaration and Programme of Action concerning the fulfilment of its mandate.




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