COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION ADOPTS CONCLUSIONS ON REPORT OF AUSTRIA

CERD
60th session
15 March 2002
Morning






Approves Decision on Solomon Islands,
Concludes Review of Reports of Jamaica


The Committee on the Elimination of Racial Discrimination this afternoon adopted its concluding observations and recommendations on the fourteenth periodic report of Austria by expressing its concern about a significant number of allegations reflecting racist and xenophobic attitudes in the country.

The Committee said that the allegations brought to its attention reflected the existence of racist and xenophobic attitudes among some sections of the population. The Experts encouraged the State party to continue monitoring all tendencies which might give rise to racial or ethnic segregation, and to endeavour to combat the negative consequences of such tendencies.

Among the positive aspects in the report of Austria, the Committee welcomed recent developments that had taken place in the field of human rights in the country; it noted with satisfaction the establishment of the Immigrants Fund which assisted new immigrants in their integration; and the inclusion of provisions aimed at combatting racism and xenophobia in national legislation.

The Committee also adopted a decision on the situation in the Solomon Islands which was considered under its review procedure. The Committee reiterated its regret that the State party had not responded to its invitations to participate in the meeting and to furnish relevant information.

Also this morning, the Committee concluded its public consideration of the eighth to fifteenth periodic reports presented by the Government of Jamaica on its efforts to put into effect the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.

In responding to questions raised by Committee Experts, the members of the delegation said that the decision to adhere to the declaration under article 14 of the Convention on the recognition of the Committee to receive and consider individual communications had not yet been taken by the Government.

Responding to a question on wealth ownership on ethnic grounds, the delegation said that some ethnic groups that did not belong to the majority owned quite a significant part of the economic resources. While the situation was now changing with the evolution of the economy, still the economic resources were disproportionately owned by some ethnic groups that were not from the majority.

Yuri A. Reshetov, the Committee Expert who served as country rapporteur to the reports of Jamaica, said that the delegation had diligently responded to the queries put by the Committee members. He welcomed the attitude of the delegation in providing quality responses. However, the attitude of the State towards the American Commission of Human Rights which had resulted in Jamaica withdrawing from this body had not been a happy event, Mr. Reshetov said.

The Committee will issue its concluding observations and recommendations on the eighth to fifteenth periodic reports of Jamaica towards the end of its three-week session to be concluded on 22 March.

Committee Expert Jose Augusto Lindgren Alves also participated in the debate.

Jamaica is among the 161 States parties to the Convention and as such it is obligated to provide the Committee with periodic reports on how it implements the provisions of the treaty.

When the Committee reconvenes at 3 p.m., it will take up the report of Costa Rica.

Concluding Observations and Recommendations on Report of Austria

Among the positive aspects in the report, the Committee welcomed recent developments that had taken place in the field of human rights in the country; it noted with satisfaction the establishment of the Immigrants Fund which assisted new immigrants in their integration; the continuation of the Reconciliation Fund for victims of national socialism; the inclusion of provisions aimed at combatting racism and xenophobia in national legislation; and the efforts undertaken by the State party to safeguard linguistic diversity in the country.

However, the Committee was of the view that the legislation in place to combat racism was not totally adequate to effectively combat discrimination; while noting the existence of provisions in criminal legislation aimed at combatting racism, as well as aggravating circumstances for any crime committed with racist or xenophobic motivations, the Committee reiterated its recommendation for the State party to introduce general legislation prohibiting racial discrimination in all its forms.

The Committee said it was concerned about the wording of article 1.1 of the Federal Constitutional Act implementing the Convention, which stipulated that legislation and administration should refrain from making distinctions on the "sole" basis of race, colour, descent or national or ethnic origin. In the Committee's view that might be regarded as representing a narrower prohibition of discrimination than was provided in the Convention. While noting that an amendment to that provision was currently under consideration, the Committee reiterated its previous invitation to the State party to consider the possibility of deleting the word "sole", taking into consideration General Recommendation 25 and the final document of the World Conference against Racism.

The Committee said it had difficulties in understanding the distinction made by the State party between autochthonous and other minorities and the legal and practical consequences following from that; and it invited the State party to provide specific information in its next report in that regard.

The Committee was concerned about a significant number of allegations that had been brought to its attention which reflected the existence of racist and xenophobic attitudes among some sections of the population; and it was further concerned about allegations of racist incidents involving police officers and other state employees. In light of its General Recommendation XIX (47), the Committee encouraged the State party to continue monitoring all tendencies which might give rise to racial or ethnic segregation, and that it endeavour to combat the negative consequences of such tendencies; and it recommended that the State party strengthen existing educational measures for civil servants who dealt with issues involving foreigners.

The Committee was also concerned about information that quite a considerable number of asylum seekers were denied the receipt of public assistance from the Federal Care and Maintenance Programme and had to rely on assistance from private and other agencies for survival; and it recommended that the State party ensure the provision of basic and equal assistance to all asylum-seekers, without distinctions of race or ethnic and national origin.

Decision on Situation in Solomon Islands

The Committee reiterated its regret that the Solomon Islands had not responded to its invitations to participate in the meeting and to furnish relevant information. A report had not been submitted to the Committee since the State party's initial report in 1983.

The Committee noted the challenging economic and social conditions faced by the Solomon Islands as well as the political and ethnic conflicts which had exacerbated the situation there. Internal displacement, hostage taking, killings, torture, rape, looting and the burning of village homes had been reported by a number of intergovernmental and non-governmental organizations.

The Committee said it was concerned that despite several attempts at securing peace, favourable results had been limited, as tension between the rival conflicting groups remained high. The Committee hoped that the successful elections held in December 2001 and the new ruling party's stated promise to rehabilitate the country politically and economically and to ensure better security would lead to sustainable peace and security in the country.

The Committee strongly urged the Government of the Solomon Islands to avail itself of the technical assistance offered under the advisory services and technical assistance programme of the Office of the United Nations High Commissioner for Human Rights, with the aim of drawing up and submitting as soon as possible a report drafted in accordance with the reporting guidelines.

Response of Jamaica

Responding to questions raised by Committee Experts yesterday afternoon, the members of the Government delegation said that updated statistics on the breakdown of the demographic composition of the population were not available. The only data available was based on the census conducted in 1991. However, that national census did not take into consideration the ethnic background of individuals.

The Public Defender had extended powers to investigate complaints received or to undertake investigations on his own initiative, the delegation said. The Public Defender was not precluded from bringing redress to any case that it deemed appropriate to its mandate. The Public Defender was also authorized to bring remedial measures to the attention of the authorities to redress any damages inflicted against individuals.

With regard to the security of persons, the delegation said that section 13 of the Constitution provided the right to security of persons against violence or bodily harm, whether inflicted by government officials or by any individual, group or institution.

Jamaica had no ethnic problems and the process of intermingling of the population had created harmony in the society, the delegation said.

Asked about the high number of heads of female households, the delegation said that the matriarchal family system was attributed to the colonial system and there was no statistical data on the breakdown of the households on ethnic grounds.

Jamaican women suffered from gender bias but not on ethnic grounds, and the Government had taken a series of measures to change the situation faced by women, the delegation said.

Responding to a question on the ethnic composition of the judiciary, the delegation said that it reflected the majority ethnic group, which was the black people. The magistrates were recruited on the basis of their competence and experience.

The delegation was asked to explain the country's motto "out of many one people" to which it said that it was based on the fact that Jamaica was composed of many ethnic groups and the process of integration had led them to become one people. All Jamaicans believed that they were one people.

Jamaica had no migrant workers except asylum-seekers who were granted refugee status according to the 1951 Geneva Convention on the Status of Refugees and its 1967 Protocol, the delegation said. In some cases migrants used Jamaica as a transit country to go to the neighbouring industrial States.

The Jamaican officials said that the decision to adhere to the declaration under article 14 of the Convention on the recognition of the Committee to receive and consider individual communications had not yet been taken by the Government. The Government was still considering the matter and once the decision was taken the Committee would be informed.

The delegation said that some ethnic groups that did not belong to the majority owned quite a significant part of the economic resources. Although the situation was now changing with the evolution of the economy, still the economic resources were disproportionately owned by some ethnic groups that were not from the majority.

YURI A. RESHETOV, the Committee Expert who served as country rapporteur to the report of Jamaica, said that the delegation had diligently responded to the queries put by the Committee members. He welcomed the attitude of the delegation in providing quality responses.

However, the attitude of the State towards the American Commission of Human Rights which had resulted in Jamaica withdrawing from this body had not been a happy event, Mr. Reshetov said.




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