Skip to main content

Press releases Treaty bodies

COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION ADOPTS CONCLUDING OBSERVATIONS ON REPORT OF CROATIA

17 August 1998

MORNING
HR/CERD/98/52
17 August 1998

Committee Discusses Joint Working Paper on Article Seven
of the International Convention on Elimination of All Forms
of Racial Discrimination

The Committee on the Elimination of Racial Discrimination this morning called on the Croatian State to reinstate provisions for the fair and proportional representation of the Serbian ethnic community in the Croatian Parliament.

The recommendations came as the Committee adopted is concluding observations on the report presented by Croatia on how it implemented the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.

The reduction of the proportional representation of the Serbian ethnic community in the Croatian Parliament was one of the principal subjects of the Committee's concerns in its concluding observations.

The Committee also expressed concern at incidents of hate-speech directed at the Serb minority in the Croat media, and the failure of the State party to take adequate measures to investigate and prosecute those responsible for promoting hatred and ethnic tension through the print and audiovisual media.

The Committee also started to adopt its concluding observations on the report of Morocco.

Also this morning, the Committee discussed a joint working paper on article 7 of the International Convention, which was jointly prepared by members of the Subcommission on Prevention of Discrimination and Protection of Minorities and the Committee.

Taking part in the debate were Committee experts Mario Jorge Yutzis, Agha Shahi, Yuri A. Rechetov, Ivan Garvalov, Luis Valencia Rodriguez, Régis de Gouttes, Ion Diaconu, Michael E. Sherifis, Theodoor van Boven, Michael P. Banton, Mahmoud Aboul-Nasr, and Rüdiger Wolfrum.

The Committee will reconvene at 3 p.m. to take up the report of Niger (document CERD/C/299/Add.18).

Concluding Observations on Report of Croatia

The Committee welcomed the report submitted by Croatia, and in particular the information on economic, social and cultural rights of minorities. However, it regretted that the report contained information almost exclusively on the legal framework for the protection of rights of minorities and did not give sufficient information on the implementation of such legislation.

While the Committee welcomed the on-going process of gradual normalization of inter-ethnic relations on the territory of Croatia as a positive aspect, it was concerned about the reduction of the proportional representation of the Serbian ethnic community in the Croatian Parliament following the proclamation of a constitutional law.

The Committee also expressed concern at incidents of hate-speech directed at the Serb minority in the Croat media, and the failure of the State party to take adequate measures to investigate and prosecute those responsible for promoting hatred and ethnic tension through the print and audiovisual media.

The Committee recommended, among other things, that the Government of Croatia reinstate the provisions for the fair and proportional representation of the Serbian ethnic community in the Croatian Parliament; that it comply fully with the obligations under article 4 of the International Convention on condemning all propaganda and organizations based on theories of superiority of one race or group, and that necessary legislative measures be taken; that adequate measures be introduced to ensure and monitor the implementation in practice of the newly introduced National Programme for Return, in particular the Serbs displaced in East Slavonia, Baranja, and West Saijem; and that measures be taken to ensure the prosecution of persons allegedly responsible for having committed racially motivated crimes, regardless of the racial, ethnic or religious origin of the perpetrator or victim.

Discussion of Joint Working Paper on Article 7 of Convention

Article 7 of the Convention committed States parties to undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combatting prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnic groups. It also committed them to propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of the All Forms of Racial Discrimination, and the Convention.

Introducing the working paper, Ivan Garvalov, the Committee expert who took part in preparing the paper, said that the idea of the joint working paper started in 1995. The work, however, began in 1996 and it took them one year and a half to finalize it. The paper was the first of its kind to be produced by both bodies. The paper could assist States parties in their interpretation and application of article 7 in their jurisdiction. It would also be a good contribution to the forthcoming World Conference on Racism and Racial Discrimination.

José Bengoa, the Subcommission expert who also participated in preparing the paper, said the paper was the first to study in great depth the situation in Latin America. He said his part of the study mainly dealt with Latin America States where 15 years ago reports submitted to the Committee did not acknowledge the existence of racial discrimination. It was only in the beginning of 1990s that Latin American countries started changing their attitudes by admitting in their reports the practice of racial discrimination. The emergence of racial discrimination within the Latin American countries was also due to the phenomenon of immigration.

Committee Chairperson Mahmoud Aboul-Nasr, commenting on the paper, recalled that so many reports coming from Latin American States did not admit the existence of racial discrimination in their respective countries. However, through a dialogue and advice the trends of the reports had changed to include cases of racial discriminations. No country was immune from or had no violation of racial discrimination, he added.

Shanti Sadiq Ali, Committee expert and Mustapha Mehedi, Subcommission member, also participated in the preparation of the joint working paper on article 7 on the Convention.

In its preliminary conclusions and recommendations, the paper recommended, among other things, that the curricula of public elementary and secondary schools should include special subjects and classes aimed at developing awareness among schoolchildren, from as early an age as possible, of the basic human rights, with particular emphasis on racism and racial discrimination. It also recommended that law-enforcement officials, including members of the armed and security forces, should be involved in intensive training to ensure that in the performance of their duties they would uphold the human rights of all persons, without distinction as
to race, colour, descent or ethnic origin.