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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION ADOPTS CONCLUDING OBSERVATIONS ON REPORT OF SRI LANKA

14 August 2001



CERD
59th session
14 August 2001
Morning



Starts to Adopt Conclusions on Liberia


The Committee on the Elimination of Racial Discrimination this morning adopted concluding observations and recommendations on the ninth periodic report of Sri Lanka and started to adopt its conclusions on the situation in Liberia.

With regards to the report of Sri Lanka, the Committee welcomed the establishment of the Permanent Inter-Ministerial Standing Committee on Human Rights entrusted with the mandate of monitoring and reviewing action taken by the Government agencies concerning allegations of human rights violations. The Committee said it was concerned about the restrictions placed on civil and political rights under the Prevention of Terrorism Act and Emergency Regulations and its allegedly discriminatory application with regard to Tamils; and it hoped that the situation would improve so that the state of emergency could be lifted.

Further, the Committee was concerned that a large number of Tamils of Indian origin and their descendants, particularly plantation workers, still had not been granted citizenship, many of them even continuing to be stateless; they were allegedly discriminated against and did not fully enjoyed their economic, social and cultural rights. The Committee recommended that the State party take effective measures to solve the problem.

The Committee also started adopting its conclusions on the situation in Liberia this morning. It regretted that the State party had failed to submit a single periodic report in accordance to article 9 of the Convention since it had ratified the Convention in 1976; and it also regretted that after numerous invitations and inquiries, Liberia had failed to send a representative to engage in a dialogue with the Committee.

The Committee expressed grave concern about the numerous reported instances of racial discrimination in Liberia based on ethnicity; it was especially concerned about reports of extrajudicial killings, allegations of torture and rape, and the lack of accountability of perpetrators, including Government security forces, for those abuses.

The following Committee members contributed to the discussion: Gay McDougall, Michael E. Sherifis, Mahmoud Aboul-Nasr, Yuri A. Reshetov, Ion Diaconu, Patrick Thornberry, Regis de Gouttes, Raghavan Vasudevan Pillai, Tang Chengyuan, Mario Jorge Yutzis, Marc Boussuyt, Luis Valencia Rodriguez and Francois Lonseny Fall.

Liberia and Sri Lanka are among the 157 States parties to the Convention and as such they are obligated to submit periodic reports to the Committee on how they are implementing the provisions of the treaty.

When the Committee reconvenes at 3 p.m., it will continue to adopt its concluding observations and recommendations on the situation in Liberia.

Concluding Observations and Recommendations on Report of Sri Lanka

The Committee cited among positive aspects in the report the establishment of the Permanent Inter-Ministerial Standing Committee on Human Rights which was entrusted with the mandate of monitoring and reviewing actions taken by the Government agencies concerning allegations of human rights violations. The Committee welcomed the State party's readiness to cooperate with United Nations human rights procedures and thematic mechanisms of the Commission on Human Rights; noted with approval that on July 2001 media restrictions were lifted; acknowledged that steps had been taken to address human rights violations; and noted the Government's proposal for constitutional reform which included a devolution of power to regions.

The Committee cited among factors and difficulties impeding the implementation of the Convention that the serious internal situation faced by Sri Lanka had not been conducive to the effective implementation of the Convention.

The Committee said it was concerned about the restrictions placed on civil and political rights under the Prevention of Terrorism Act and Emergency Regulations and its allegedly discriminatory application with regard to Tamils; it hoped that the situation would improve so that the state of emergency could be lifted; concern was also expressed about the situation of civilians living in the north and east of the country, particularly persons who were internally displaced by the conflict; and it recommended that the State party continue to provide assistance to the civilian population in the north and eastern provinces and to cooperate with humanitarian agencies.

Further, the Committee was concerned that a large number of Tamils of Indian origin and their descendants, particularly plantation workers, still had not been granted citizenship, many of them continuing to be stateless; Tamils without Sri Lankan citizenship were allegedly discriminated against and did not fully enjoy their economic, social and cultural rights; and the State party was recommended to take effective measures to solve this problem.

Concerning allegations of violations of human rights, the Committee reminded the State party of the obligation to conduct exhaustive and impartial investigations into allegations of human rights violations involving racial discrimination and to bring to justice those responsible; and it recommended that the State party continue to disseminate knowledge of international human rights as well as international humanitarian law among security forces and law enforcement officers.

Concluding Observations and Recommendations on Situation in Liberia

After having examined the situation in Liberia in the absence of a report, the Committee regretted that the State party had failed to submit any report in accordance to article 9 of the Convention since it had ratified the Convention in 1976; and it also regretted that after numerous invitations and inquiries, Liberia had failed to send a representative to engage in a dialogue with the Committee.

Among factors and difficulties impeding the implementation of the Convention, the Committee said that the State party was still slowly emerging from over seven years of civil war that had had immense human costs and that had destroyed governmental and social institutions.

Among its concerns and recommendations, the Committee said it was concerned that national legislation did not contain explicit provisions prohibiting discrimination on the grounds of race, ethnic or national origin in conformity with the requirements of the Convention; it recommended that the State party take all appropriate legislative measures to ensure that the provisions of the Convention were fully reflected in domestic law.

The Committee expressed grave concern about the numerous reported instances of racial discrimination in the country based on ethnicity; it was especially concerned about reports of extrajudicial killings, allegations of torture and rape, and the lack of accountability of perpetrators, including Government security forces, for those abuses.

Further, the Committee expressed its concern about the vulnerable situation of the high number of refugees who had fled the country towards neighbouring States, and that little seemed to have been put in place to ensure their reparation and reintegration; it urged the State party to take immediate and effective measures aimed at bringing to justice the perpetrators of human rights abuses during the civil war which had targeted members of certain ethnic groups; and the State party should also guarantee swift and thoroughgoing investigation and prosecution of acts of violence against persons belonging to ethnic and racial groups.

The Committee decided to adopt a text reflecting its position in addition to the conclusions and recommendations, and to send a letter to the State party setting out its reporting obligations under the Convention and expressing the Committee's serious concern about the absence of any report. The Committee also expressed its willingness to send a mission to Liberia.



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