COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION ADOPTS CONCLUDING OBSERVATIONS ON REPORTS OF ITALY AND PERU

MORNING HR/CERD/99/28
18 March 1999


Committee Discusses World Conference on Racism and Racial Discrimination


The Committee on the Elimination of Racial Discrimination this morning adopted its concluding observations on the reports of Italy and Peru. Both countries are among the 153 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination and as such are obliged to submit periodic reports to the Committee on their implementation of its provisions.

Regarding the report of Italy, the Committee expressed concern about the continuation of incidents of racial intolerance, including attacks against foreigners of African origin and against Roma people, which were sometimes not recognized by the authorities as having a racial motivation or were not persecuted.

The Committee recommended that the Government of Italy strengthen its efforts for preventing and prosecuting incidents of racial intolerance and discrimination against some foreigners and Roma people, as well as incidents of bad treatment of some foreigners and Roma in detention, among other things.

With respect to the report of Peru, the Committee noted with concern that the close inter-relationship between socio-economic underdevelopment and the phenomenon of racial or ethnic discrimination concerning part of the population, mainly the indigenous and the peasant community. It was also concerned that the inalienability and indispensability of the communal property of the indigenous populations were no more guaranteed by the 1993 Constitution.

Among its recommendations, the Committee urged Peru to take measures designed to ensure a real dialogue between the Government and non-governmental organizations in the combat against racial and ethnic discrimination.

Official, printed versions of the concluding observations on the reports will be issued Friday, 19 March, the final day of the Committee's three-week session.

Also this morning, the members of the Committee briefly held a discussion on the preparatory process for the forthcoming World Conference on Racism and Racial Discrimination, Xenophobia, and Related Intolerance. It was stressed that the Committee should actively play an important role in the preparatory committee.

When the Committee reconvenes at 3 p.m., it will continue adopting its concluding observations on country reports considered during the current session.

Concluding Observations on Italy's Report

Among the positive aspects in the report of Italy, the Committee welcomed the stated intention of Italy to reform its laws so that workers, who are not citizens of Member States of the European Union, and who leave Italy, might request payment of social security contributions made during the period of their employment in the country. It also noted with appreciation the measures taken by the Government to regularize the situation of an important number of foreigners living in Italy, including the regularization of de facto family reunification.

The Committee was concerned about the continuation of incidents of racial intolerance, including attacks against foreigners of African origin and against Roma people, which were sometimes not recognized by the authorities as having a racial motivation or were not persecuted. It also expressed concern at the situation of many Roma who, ineligible for public housing, lived in camps outside major Italian cities; in addition to a frequent lack of basic facilities, the housing of Roma in such camps led not only to a physical segregation of the Roma community from Italian society, but a political, economic and cultural isolation as well. Concern was also expressed at reports of acts of violence and bad treatment by police and prison guards against some foreigners and members of minorities in detention.

The Committee recommended that the Government of Italy strengthen its efforts for preventing and prosecuting incidents of racial intolerance and discrimination against some foreigners and Roma people, as well as incidents of bad treatment of some foreigners and Roma in detention. The Committee also recommended that more attention be given to the situation of Roma, with the view to avoid any discrimination against them; that the Government include in its report statistical data on the ethnic composition of the country; that a national human rights commission to address minority issues be established; and that Italy consider withdrawing the declarations it made regarding articles 4 and 6 of the Convention.

In the course of the adoption of the above concluding observations on the report of Italy, an expert dissociated himself from the adoption of a paragraph recommending the State party to withdraw its reservations. The expert said that it was not the role of the Committee to do that.

Concluding Observations on Report of Peru

In its concluding observations on the report of Peru, the Committee found positive the information from the Government on the considerable decrease in the activities of subversive groups as well as the number of complaints of human rights violations. It also expressed satisfaction at the economic improvement in the country.

The Committee noted with concern that the close inter-relationship between socio-economic underdevelopment and the phenomenon of racial or ethnic discrimination concerning part of the population, mainly the indigenous and the peasant community. It regretted the absence of information on socio-economic indicators characterizing the situation of the communities of indigenous peoples, peasants and persons of African origin. It further regretted the absence of information on the number of complaints on racial discrimination and the compensation awarded to such victims. The Committee was also concerned that the inalienability and indispensability of the communal property of the indigenous populations were no more guaranteed by the 1993 Constitution.

Among other things, the Committee recommended that Peru take measures designed to ensure a real dialogue between the Government and non-governmental organizations in the combat against racial and ethnic discrimination; that the Government enact a penal law in conformity with the provisions of the Convention, particularly concerning article 4; and that the Government take measures to guarantee the most vulnerable segments of the population to equal treatment before the courts and in the exercise of their political rights.

World Conference on Racism, Racial Discrimination, Xenophobia and Related Intolerance

Also this morning, Committee experts briefly held a discussion on the preparatory process of the forthcoming World Conference on Racism and Racial Discrimination, Xenophobia, and Related Intolerance to be held in 2001. It was stressed that the Committee should actively play an important role in the preparatory committee, which will meet next year.

In its resolution 52/111 adopted on 12 December 1997, the General Assembly had defined the objectives and the guidelines for the preparatory process of the World Conference by taking note of the decision adopted by the Commission on Human Rights to create an open-ended working group. The working group was expected to meet during the Commission's fifty-fifth session which would start on 22 March. The working group would review and formulate proposals for consideration by the Commission and for possible forwarding to the preparatory committee at its first session.

The Committee had also entrusted one of its members to prepare a paper on gender equality in the view of presenting it the preparatory committee.