COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION ADOPTS CONCLUSIONS ON REPORTS OF YUGOSLAVIA, ISRAEL, ARMENIA, NETHERLANDS AND LIBYA

HR/CERD/98/29
19 March 1998


The Committee on the Elimination of Racial Discrimination this afternoon expressed concern that the disproportionate use of force in Kosovo and Metohija resulted in numerous violations of the right to life, destruction of property and displacements.

The independent experts, charged with monitoring the observance of the International Convention on the Elimination of all Forms of Racial Discrimination, also concluded that the treaty was far from fully implemented in Israel and the Occupied Territories, a shortfall that contributed very significantly to the dangerous escalation of tensions in the region.

The Committee's comments came as it adopted concluding observations on reports submitted by Yugoslavia, Israel, Armenia, the Netherlands and Libyan Arab Jamahiriya and examined over the last three weeks. The 150 States parties to the Convention are required to report periodically to the Committee on measures taken to eliminate bias.

In its comments on Yugoslavia, the Committee noted that although the Government of the Republic of Serbia had stated that the activities of the Ministry of the Interior of Serbia in Kosovo and Metohija were carried out exclusively with a view to combating terrorism, a great number of victims of the recent events were civilians, including women and children, whose death could not be justified by the fight against terrorism. It urged Yugoslavia to carry out a full and independent investigation into the incidents and bring to justice those responsible for any act involving a disproportionate use of force. A military solution to the longstanding crisis in Kosovo could have disastrous consequences, it concluded.

The Committee expressed the opinion that a solution for Kosovo and Metohija should include a status of the highest level of autonomy for this part of the State party as a means for enjoyment of human rights by everyone, in particular the elimination of all forms of racial discrimination. The paragraph was not the subject of consensus, and was adopted only after being submitted to a vote in which 11 Committee members voted for, one against and two abstained.

A number of members said they regretted a separate statement was not established by the Committee on the situation in Kosovo and Metohija.

On the report of Israel, the Committee stated that the country was accountable for implementation of the Convention in all areas over which it exercised effective control. It further reiterated its view that the Israeli Settlements in the occupied territories were not only illegal under international law but an obstacle to peace and the enjoyment of human rights by the whole population in the region. Moreover, attempts to change the demographic composition of the occupied territories raised concern as to violations of international humanitarian law. The experts called to a halt to the demolition of Arab properties in East Jerusalem.

The Committee noted that the right of many Palestinians to return and possess their homes in Israel was currently denied. Israel should give high priority to remedying this situation and afford compensation to those who could not re-possess their homes. Among other recommendations, the Committee called on that State party to reinforce its efforts to reduce the persisting gap between the living standards and the involvement in national affairs of the Jewish majority and the Arab minority.

The expert panel also expressed its profound concern that persons in detention, disproportionately of Arab ethnic origin, were subject to the inhumane and degrading interrogation under the Landaw Commission Rules and that the Supreme Court had failed to declare this illegal.

Following adoption of concluding observations on Israel, Mahmoud Aboul-Nasr, Committee member from Egypt, said the text was extremely weak in view of the flagrant discrimination and injustice taking place in the country. Agha Shahi, Committee member from Pakistan, associated himself with that statement.

In concluding observations on Armenia, the Committee recommended that the State party provide statistics on racially motivated crimes and detailed information on complaints received and judgments issued by courts. It requested further information, in Armenias next report, on the restoration of the rights of deportees who returned to the country, the results of the national reform on education, and the access to health care, housing and employment of ethnic and national minorities.

In comments on the Netherlands, the expert panel welcomed the efforts undertaken and the innovative measures adopted to prevent and combat racial discrimination. In this regard, it took note of the Government's willingness to recognize existing problems and to find appropriate solutions, both legislative and administrative.

Concern was expressed over the dissemination of ideas of racial superiority and of intolerance by various organizations, political parties and individuals. Greater attention should be given to countering such activities and to actively and effectively investigating and prosecuting cases of discrimination. The expert panel recommended that further action be taken to ensure and promote equal opportunity in economic and social life, in particular as regards education and employment.
Regarding a report by Libya, the Committee recommended that the State party provide in its next report detailed information on the demographic composition of its population, including of non-Libyans living in the country, as well as information on the status and working conditions of foreign workers and on measures taken by Libya to prevent any acts of discrimination against them. The State party was also encouraged to adopt appropriate policies to promote the rights of ethnic minorities and ensure their equality as well as increase the awareness of the population on the provisions of the Convention.

Official, printed versions of all concluding observations and decisions will be issued Friday, 20 March, the final day of the Committee's annual winter meeting.

Also this afternoon, the Committee nominated Theodoor Van Boven, member from the Netherlands, as rapporteur on inhabitants of Trust and Non-Self-Governing Territories. According to article 15 of the Convention, the Committee can consider petitions of inhabitants of Trust and Non-Self-Governing Territories received from the bodies of the United Nations which deal with matters directly related to the principles of the Convention.

Mr. Van Boven is due to present a report to the Committee on this issue at its annual summer meeting.

The Committee will reconvene at 10 a.m Friday, 20 March, to continue work on observations concerning Cameroon and Cambodia, as well as on decisions on Rwanda and Saint Lucia.