COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION ADOPTS CONCLUDING OBSERVATIONS ON BOLIVIA AND IRAN

CERD
63rd session
21 August 2003
Afternoon




The Committee on the Elimination of Racial Discrimination this afternoon adopted its observations and recommendations on how Bolivia and Iran implement the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.
During the meeting, the Committee also discussed organizational methods of work. It decided not to issue a list of issues to be addressed to State parties during consideration of a report; and to further consider the establishment of a working group on follow-up to concluding observations. The Committee then adopted the paper on organizational methods (CERD/C/62/Misc14.rev.4).
With regard to the fourteenth to sixteenth periodic reports of Bolivia, the Committee welcomed the numerous measures undertaken for the promotion and protection of human rights and commended the State party’s efforts aimed at ensuring that members of the indigenous peoples were free and equal in dignity and rights and free from any discrimination.
While understanding the need for policies aimed at reducing illegal production and trafficking of coca, the Committee was concerned about the possible negative consequences of these policies for the indigenous communities in Bolivia, and continued to be concerned by the lack of alternative sources of production.
In its recommendations, among other things, the Committee recommended that Bolivia take all necessary measures for the protection of human rights defenders against any violence, threats, retaliation, de facto or adverse discrimination, pressure or any arbitrary action as a consequence of their activities, and that the State party adopt measures with a view to ensuring to members of the Afro-Bolivian community the full enjoyment of the economic, social and cultural rights enumerated in article 5 of the Convention.
With regard to the sixteenth and seventeenth periodic reports of Iran, the Committee welcomed the social, economic and cultural measures taken by the State party, and commended its efforts to host a large population of refugees coming from neighbouring countries such as Afghanistan and Iraq. The Committee also welcomed the standing invitation to the thematic procedures of the Commission on Human Rights issued by the State party and the assurances given by the delegation that the trend towards reform in the State party was irreversible.
The Committee reiterated the concern expressed previously over the fact that the definition of racial discrimination contained in domestic law did not fully conform to the Convention, and invited the State party to consider reviewing the definition to bring it into full conformity with the Convention. The Committee also took note with concern of the reported discrimination faced by certain minorities.
In recommendations, among other things, the Committee recommended that the State party ensure that all persons were protected from discrimination based on race, colour or ethnic origin in the enjoyment of their religious belief. It also recommended that the State party should ensure that the lack of any complaints of racial discrimination were not the result of the victims’ ignorance of their rights, the lack of confidence on the part of individuals in the police and judicial authorities or the authorities’ lack of attention or sensitivity to cases of racial discrimination.
The Committee will resume its work at 10 a.m. on Friday, 22 August, to finish adopting conclusions on country reports which it has considered this session and to conclude its summer session.

Bolivia
The Committee welcomed the numerous measures undertaken for the promotion and protection of human rights and commended the State party’s efforts aimed at ensuring that members of the indigenous peoples were free and equal in dignity and rights and free from any discrimination, including legal provisions aimed at recognizing the title to and ownership of land for indigenous groups and individuals as well as the exclusive benefit of renewable natural resources situated on their lands.
The Committee reiterated its previous recommendation, urging the State party to fulfill its obligation to make all forms of racial discrimination, as specified in article 4 of the Convention, punishable by law. The Committee also recommended that the State party take all necessary measures for the protection of human rights defenders against any violence, threats, retaliation, de facto or adverse discrimination, pressure or any arbitrary action as a consequence of their activities, and that the State party adopt measures with a view to ensuring to members of the Afro-Bolivian community the full enjoyment of the economic, social and cultural rights enumerated in article 5 of the Convention.
While understanding the need for policies aimed at reducing illegal production and trafficking of coca, the Committee was concerned about the possible negative consequences of these policies for the indigenous communities. Noting that the State party would strongly welcome support from the international community in solving this difficult problem, the Committee continued to be concerned by the lack of alternative sources of production.
The Committee noted the lack of information on the legislative, judicial, administrative or other measures which give effect to the provision of article 6 of the Convention, and recommended that the State party consider if the lack of any such complaints was not the result of the victims’ ignorance of their rights, the lack of confidence on the part of individuals in the police and judicial authorities or the authorities’ lack of attention or sensitivity to cases of racial discrimination.

Iran
The Committee welcomed the social, economic and cultural measures taken by the State party, and commended the State party’s efforts to host a large population of refugees coming from neighbouring countries such as Afghanistan and Iraq. It also took note with satisfaction of the broad participation of people from provinces inhabited by ethnic groups in the Parliamentary, Presidential and Council elections. The Committee also welcomed the standing invitation to the thematic procedures of the Commission on Human Rights issued by the State party and the assurances given by the delegation that the trend towards reform in the State party was irreversible.
Among other things, the Committee recommended that the State party provide additional and more specific information in the next report in order to clarify the legal status of the Convention in the State party’s domestic order. It also reiterated the concern expressed previously over the fact that the definition of racial discrimination contained in domestic law did not fully conform with the Convention, and invited the State party to consider reviewing the definition to bring it into full conformity with the Convention.
The Committee noted the information furnished by the State party on the Press Act with reference to article 4 of the Convention and requested the State party to give information in its next report on its application to combat racial discrimination. The Committee further reiterated the concern expressed in its previous concluding observations that no reference had been made to the compliance of the State party’s legislation with article 4 (b) of the Convention.
The Committee took note with concern of the reported discrimination faced by certain minorities, and recommended that the State party ensure that all persons were protected from discrimination based on race, colour or ethnic origin in the enjoyment of their religious belief. The Committee recommended that the State party consider expanding the operative sphere of certain specific institutions in order to ensure effective protection and remedies against all acts of racial discrimination. The Committee also recommended that the State party should ensure that the lack of any complaints of racial discrimination were not the result of the victims’ ignorance of their rights, the lack of confidence on the part of individuals in the police and judicial authorities or the authorities’ lack of attention or sensitivity to cases of racial discrimination.



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