COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION ADOPTS CONCLUSIONS ON REPORTS OF SWITZERLAND

CERD
60th session
13 March 2002
Afternoon



Starts Consideration of Belgian Reports


The Committee on the Elimination of Racial Discrimination this afternoon adopted its concluding observations and recommendations on the second and third periodic reports of Switzerland, expressing concern, among other things, about allegations of police abuse and excessive use of force against persons of foreign origin.

The Committee said that allegations of police abuse and excessive use of force against persons of foreign origin during arrest or in the course of deportations were of utmost concern to it; the State party should ensure that independent bodies with authority to investigate complaints against police officers were established in all cantons.

While welcoming the position of the Federal Council, according to which segregated schooling would be contrary to the Federal Constitution, the Convention and the Convention on the Rights of the Child, the Committee expressed concern about recent debates concerning the establishment of separate classes for foreign pupils in some cantons.

Also this afternoon, the Committee started its consideration of the eleventh to thirteenth periodic reports of Belgium by hearing a Government delegation say that the country was committed to the respect and promotion of human rights.

Introducing his country's reports, Jean-Marie Noirfalisse, Permanent Representative of Belgium to the United Nations Office at Geneva, underlined the commitment of his country to the promotion and protection of human rights and its support for the effective functioning of the human rights mechanisms both at the European and international levels.

Ion Diaconu, the Committee Expert who served as country rapporteur to the report of Belgium, alluding to the 11 September attacks, said that since then racist and xenophobic reactions had increased in Belgium, though comparatively less than in other European countries. According to one report, verbal attacks had taken place in schools against Muslim students.

Also participating in the consideration of the report were Committee Experts Luis Valencia Rodriguez, Regis de Gouttes, Nourredine Amir, Tang Chengyuan, Morten Kjaerum, Patrick Thornberry, Patricia Nozipho January-Bardill, Yuri A. Reshetov, Jose Augusto Lindgren Alves and Kurt Herndl.

The Belgian delegation was also composed of Leopold Merckx, Deputy Permanent Representative of Belgium to the United Nations Office at Geneva; Karl van den Bossche and Timon Bo Salomonson, from the Permanent Mission of Belgium in Geneva; Jackie van Damme, General Advisor, Stephanie Hautot, Deputy Advisor, and Catherine Coomans, from the Ministry of Employment and Labour; Freddy Roosemont, from the Ministry of the Interior; Francois Sant'Angelo, Coordinator of the Legal Service, from the Centre for Equal Opportunity and Action to Combat Racism; Anne-Marie Degroote, Deputy Director, and Michel van de Voorde, Collaborator, from the Ministry of the Flemish Community; and Michel Villan, Director, Philippe Nayer, Advisor, from the Ministry of the French Community and the Ministry of the Wallonne Region respectively.

Belgium is among the 161 States parties to the Convention and as such it must present periodic reports to the Committee covering measures adopted in order to comply with its commitment under the treaty.

When the Committee reconvenes at 10 a.m. on Thursday, 14 March, it will continue its consideration of the reports of Belgium.

Concluding Observations and Recommendations on Reports of Switzerland

Continuing the adoption of its conclusions on the reports of Switzerland, the Committee said that the persistence of negative attitudes and sentiments towards black people, Muslims and asylum-seekers was a subject of concern for it. It recommended that the State party continue its efforts to prevent and combat such attitudes. Further, the Committee said that it was deeply concerned about the expression of xenophobic and racist feelings in naturalization procedures, particularly those subjected to popular vote; it recommended that naturalization had to be made an integral part of the policy.

While welcoming the position of the Federal Council, according to which segregated schooling would be contrary to the Federal Constitution, the Convention and the Convention on the Rights of the Child, the Committee expressed concern about the recent debates concerning the establishment of separate classes for foreign pupils in some cantons.

The Committee said that allegations of police abuse and excessive use of force against persons of foreign origin during arrest or in the course of deportations were also of utmost concern to it; the State party should ensure that independent bodies with authority to investigate complaints against police officers were established in all cantons.

The Committee, while commending the important work undertaken by the Federal Commission against Racism, noted that the Commission had limited powers of action; it recommended that the State party strengthen the powers and means of the Commission. It also expressed concern about the situation of travellers, such as the Roma and Yinnish.

Reports of Belgium

The eleventh to thirteen periodic reports of Denmark (document CERD/C/381/Add.1) enumerate the legislative developments and the measures undertaken by the State party with the view to implementing the provisions of the Convention. The reports note that the State ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in June 1999. In October 2000, Belgium deposited a declaration with the UN Secretary-General stating that it accepts article 14 of the Convention.

The reports say that following reports of acts, particularly acts of a racist nature, which were allegedly committed by soldiers from a Belgian battalion of the international peacekeeping force in Somalia and for which sentences were handed down, the Minister of Defence took strong action to rid the army of racism and to make multiculturalism a positive feature of the army's culture. The general watchword adopted in 1999 thus relates to the topics of racism and xenophobia; and a code of conduct was also drawn up and includes the question of racism and xenophobia.

The reports note that efforts have been made to increase criminal justice officials' awareness with a view to the adoption of a uniform policy in the prosecution of persons who commit racist offences. A specific training programme for judges has thus been drawn up on action to fight racism and xenophobia. The purpose is to increase their awareness of the enforcement of the 1981 Act on the suppression of certain acts based on racism or xenophobia and the use of criminal mediation.

The reports also note that Islam is Belgium's second largest religion, and it took a major step towards equality with other faiths in 1998. A general election was held for a secular leader of the Islamic faith and representative of both the Muslim community and the Government. The Belgian experiment is the first of its kind and could become a model for other European countries to adopt. At a time when Islam has become a focus of xenophobia -- "Islamophobia" -- an initiative of this kind, which goes against the time, is an important move on the part of the authorities in the direction of recognition of the religious and cultural identity of Muslim immigrants.

Introduction of Reports

JEAN-MARIE NOIRFALISSE, Permanent Representative of Belgium to the United Nations Office at Geneva, underlined the commitment of his country to the promotion and protection of human rights and its support for the effective functioning of the human rights mechanisms both at the European and international levels.

Belgium had exerted its efforts to make the Durban World Conference against Racism a success with the aim of strengthening the global alliance against racism and all forms of discrimination, Mr. Noirfalisse said. Belgium had been present in Durban because of the importance of the issue and because of the central place it gave to the respect of human rights and to its European responsibilities.

Mr. Noirfalisse said that within the framework of the fight against illegal immigration and against trafficking in human persons, the protection of foreign minors had been the object of special attention. The law of November 2000 aimed at strengthening the measures against abuse and trafficking. In addition, the law of January 2001 had ameliorated the hosting of asylum-seekers in the places where assistance was provided at the expense of the State. Further, measures had been taken to improve the status of foreigners, including their participation in local elections and access to Belgian nationality.

Mr. Noirfalisse further said that with regard to the right to freedom of religion and belief, measures had been taken so that the Islamic religion was effectively equal with other faiths.

The Government of Belgium had also taken specific measures to comply with its international obligations, Mr. Noirfalisse went on to say. Special and temporary protective provisions had been applied to the citizens of Yugoslavia from Kosovo.

Consideration of Report

ION DIACONU, the Committee Expert who acted as country rapporteur to the report of Belgium, said that the reports were more complex than the structure of the country itself concerning article 2 of the Convention. The reports had provided information about the measures taken by the Commission of the French Community and the Brussels region, but nothing was said about the Flemish and other regions. It had also been reported that in the regions of the French community, the concentration of non-Belgians was greater and that a system of cohabitation had been introduced, which was not an act of assimilation. He wanted to know if such cohabitation did not tend towards segregation; how could the authorities prevent the evolution of segregation in bigger cities?

Mr. Diaconu said that concern had been expressed that extreme right-wing political parties, through their racist speeches, had achieved success to the detriment of immigrants, refugees and asylum-seekers. The State authorities had the responsibility to reject such racist attitudes that would give rise to racist sentiments against immigrants.

Belgium had made progress in the implementation of article 4 of the Convention on the prohibition of racist propaganda, particularly through the amendment made on article 150 of the Constitution, which made press writing a criminal offence if it was inspired by racist or xenophobic intent, Mr. Diaconu said. Cases were now examined by correctional tribunals and not by the court of cassation. He wanted to know how many such cases had been brought to courts before the introduction of the provision.

Mr. Diaconu said that he had not found any information in the reports on the number of racially motivated crimes committed in the country and the number of complaints lodged to the authorities. Nevertheless, there were reports that racist acts had been committed against foreigners, particularly persons coming from north Africa. Cases of death in detention had also been reported, including by Amnesty International. The delegation was requested to elucidate some of the cases and provide information on the legal measures taken against the perpetrators of the racist violence against foreigners.

With regard to the agreement of cooperation between the postal service and the Centre for Equal Opportunity and Action to Combat Racism on how to determine whether some material handed over to the postal service for distribution was in conformity with the law, Mr. Diaconu said that the opinion of the Centre was not binding and the postal service could decide to distribute or not to distribute the material.

Alluding to the 11 September attacks, Mr. Diaconu said that racist and xenophobic reactions had increased in Belgium, though comparatively less than in other European countries, since the attacks. According to one report, verbal attacks had taken place in schools against Muslim students.