COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION ADOPTS RECOMMENDATIONS ON RUSSIAN FEDERATION, POLAND, SLOVENIA AND GHANA

CERD
62nd session
21 March 2003
Morning



Starts Adopting Conclusions on Fiji


The Committee on the Elimination of Racial Discrimination adopted remaining conclusions this morning on the fifteenth to seventeenth periodic reports of the Russian Federation and then went on to approve official responses to reports of Poland, Slovenia and Ghana.
In the final paragraphs the Committee adopted on the situation in the Russian Federation, it said among other things that it was concerned about the incidence of violent racist attacks against ethnic minorities by, inter alia, neo-Nazis and skinheads; and it recommended that the Government strengthen its efforts to prevent racist violence and to protect members of ethnic minorities and foreigners, including refugees and asylum seekers.
With regard to an upcoming referendum in the Republic of Chechnya, the Committee recommended that the Russian Government support public debate on the proposed constitution and that it make every effort to ensure that the referendum would serve as a step towards bringing peace to the region.
The Committee cited among positive aspects in the fifteenth and sixteenth periodic reports of Poland the State party's withdrawal of its reservation under article 22 of the International Convention on the Elimination of All Forms of Racial Discrimination; the establishment within Parliament of a Committee for National and Ethnic Minorities; and ongoing efforts to draft a comprehensive law on the protection of national minorities.
The Committee said it was concerned about reports of racially motivated harassment and discrimination against Jews, Roma and persons of African and Asian origin which had not been properly investigated by the law-enforcement agencies; and it recommended that Poland intensify its efforts to combat and punish all such cases.
Concerning the fifth periodic report of Slovenia, the Committee noted with appreciation, among other things, the entry into force in December 2002 of an Act amending the Citizenship Act of 1991 simplifying the procedure for the acquisition of citizenship for specific categories of persons residing in the country.
The Committee acknowledged the efforts made by Slovenia to promote cultural diversity, as well as to promote equal opportunities for the Roma and to facilitate their participation in decision-making processes; however, it said it was concerned that discriminatory attitudes and practices might still persist and that the distinction between indigenous and "new" Roma might give rise to further discrimination.
With regard to the sixteenth and seventeenth periodic reports of Ghana, the Committee noted with appreciation the high quality of the reports and the frankness and openness with which the Government had dealt with the situation in the country on matters relating to the Convention; and the approach adopted by the Ghana in fostering respect for the customs and traditions of various ethnic groups.
The Committee said it was concerned that ethnic discrimination remained an undercurrent in Ghanian society, and that, according to a 1997 survey, 25 per cent of the respondents had felt discriminated against due to their tribal origins. It recommended that highest priority be given to the eradication of discriminatory practices and racial prejudices in the country.
Also this morning, the Committee began adopting concluding observations and recommendations on the sixth to fifteenth periodic reports of Fiji. The Committee noted, among other things, the State party's intention to promote stability in multi-ethnic and multi-cultural Fijian society. It expressed deep concern about the damage to race relations caused by the 1987 and 2000 coups d'etat in Fiji; and it encouraged the Government to address perceptions that it continued to politicize culture, identity and ethnicity to maintain indigenous Fijian hegemony.
The Russian Federation, Poland, Slovenia, Ghana and Fiji are among 167 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination, and hence must submit periodic reports to the Committee on efforts to fight racial bias.
The Committee will reconvene at 3 p.m. to continue adopting conclusions on remaining country reports before closing its sixty-second session.

Conclusions and Recommendations on Reports of Russian Federation
The Committee said it was concerned that Chechens who had sought refuge outside Chechnya in the territory of the Russian Federation were denied forced migrant status; and it encouraged the State party to take effective measures to ensure that no group was discriminated against in the granting of forced migrant status. The Committee also cited concern about reports that displaced persons had been pressured into leaving camps while conditions of safety were not ensured for their return to Chechnya; and it recommended that the State party take effective measures to ensure that the return of displaced Chechens to Chechnya would be voluntary and would take place under conditions of safety and dignity.
While welcoming the steps taken by Russia to implement article 4 of the Convention, the Committee said it was concerned about the lack of a clear definition of the concept of political extremism in the federal law of 2002; and it encouraged the State party to review the law with a view to defining its scope more clearly.
Also, while acknowledging the efforts made by the Government to confront the scourge of terrorism, the Committee said it was concerned about reports that members of particular groups, notably Chechens, were singled out by law-enforcement officials; and it drew the attention of the State party to the Committee's statement of 2002 on racial discrimination and measures to combat terrorism.
With regard to an upcoming referendum in the Republic of Chechnya, the Committee recommended that the Russian Government support public debate on the proposed constitution and that it make every effort to ensure that the referendum would serve as a step towards bringing peace to the region.
The Committee said it was concerned about the incidence of violent racist attacks against ethnic minorities by, inter alia, neo-Nazis and skinheads; and it recommended that Russia strengthen its efforts to prevent racist violence and to protect members of ethnic minorities and foreigners, including refugees and asylum seekers.
The Committee further recommended that the Government take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order.

Conclusions and Recommendations on Reports of Poland
Cited among the positive aspects of the fifteenth and sixteenth periodic reports of Poland were the State party's withdrawal of its reservation under article 22 of the Convention, its declaration under article 14 of the Convention, recognizing the competence of the Committee to receive and consider individual complaints, and its ratification of the amendment to article 8 of the Convention; the establishment within Parliament of a Committee for National and Ethnic Minorities, and ongoing efforts to draft a comprehensive law on the protection of national minorities.
While noting the State party's efforts to prohibit, through legislation, all dissemination of ideas based on racial superiority or hatred and incitement to racial hatred, the Committee reminded the State party of its obligation under article 4 to prohibit all organizations and activities, including those of the mass media, which promoted and incited racial discrimination. It suggested that the State party strengthen its efforts to implement existing legislation in that regard.
The Committee said it was concerned that some cases of incitement to racial hatred had been dismissed based on conclusions that these acts had caused a low degree of damage to society; and it expressed the view that, according to the Convention, all such cases were very harmful to society. The Committee also cited concerned about reports of racially motivated harassment and discrimination against Jews, Roma and persons of African and Asian origin which had not been properly investigated by law-enforcement agencies. It recommended that the Government intensify its efforts to combat and punish all such cases; and that law-enforcement bodies and the judiciary be given adequate training and instructions on how to address complaints of racially motivated crime.
The Committee welcomed Poland's efforts to implement a comprehensive programme to guarantee the rights of the Roma population in the Malopolska region, and encouraged it to extend the programme to other regions of the country. It noted efforts to meet the specific educational needs of Roma children, yet said it was concerned that in some cases those efforts had led to segregated classes in which Roma received a lower standard of education than did their Polish counterparts. The Committee recommended that new programmes integrate Roma children into mainstream schools as far as possible.
The Committee noted with satisfaction efforts to include human rights education in school curricula, and encouraged the State party to expand those efforts beyond the school system in order to promote understanding and tolerance among all racial and ethnic groups in society. It further encouraged the State party, during preparation of its next periodic report to the Committee, to consult with organizations of civil society working in the area of combating racial discrimination.
The Committee finally recommended that Poland take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention.

Conclusions and Recommendation on Report of Slovenia
Concerning the fifth periodic report of Slovenia, the Committee noted with appreciation the steps taken with a view to ratifying the amendments to article 8, paragraph 6, of the Convention; the entry into force in December 2002 of an Act amending the Citizenship Act of 1991 simplifying the procedure for the acquisition of citizenship for specific categories of persons residing in the country; and the recent steps taken by the State party to further implement the Convention, such as the adoption of specific anti-discrimination legislation.
The Committee acknowledged the efforts made by Slovenia to promote cultural diversity, as well as to promote equal opportunities for the Roma and to facilitate their participation in decision-making processes; however, the Committee said it was concerned that discriminatory attitudes and practices might still persist and that the distinction between indigenous and "new" Roma might give rise to further discrimination; and it encouraged the State party to pursue its current efforts to combat any discriminatory practices and attitudes against Roma and other ethnic groups.
The Committee said it appreciated the flexible approach of Slovenia as regarded the education of Roma children by attempting to address the issue in each given community; however, the Committee was concerned at the existing practice under which some children might be educated in vocational centres for adults, and others in special classes; and it encouraged the Government to promote the integration of children of Roma origin into mainstream schools.
The Committee said it was encouraged by the steps taken by the State party to address the long-standing issue of persons living in Slovenia who had not been able to obtain citizenship. It was, however, concerned that many of the persons who had not acquired Slovene citizenship might experience difficulties in producing the documents required by the new citizenship law; and it recommended that the Government give priority to addressing that issue and, taking into account the difficulties which had arisen, that it ensure that the Citizenship Act was implemented in a non-discriminatory manner.
The Committee said it was concerned that a significant number of persons who had been living in Slovenia since independence without Slovenian citizenship might have been deprived of their pensions, of apartments of which they were the legal tenants prior to independence, of health care and of other rights. It requested that the Government provide, in its next periodic report, specific information on that issue and on any remedies provided.
The Committee finally recommended that Slovenia take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention into its domestic legal order.

Conclusions and Recommendations on Reports of Ghana
Among positive aspects to the sixteenth and seventeenth periodic reports of Ghana, the Committee noted with appreciation the high quality of the report and the frankness and openness with which the Government had dealt with the situation in the country on matters relevant to the Convention. It also praised the approach adopted by the State party with respect to the customs and traditions of various ethnic groups; the important role played by the Commission on Human Rights and Administrative Justice in the protection of human rights; and the ongoing process of elaboration of a National Plan of Action to combat racism.
The Committee said it was concerned that ethnic discrimination remained an undercurrent in Ghanian society, and that, according to a 1997 survey, 25 per cent of the respondents had felt discriminated against due to their tribal origins. It recommended that highest priority be given to the eradication of discriminatory practices and racial prejudices in the country.
The Committee also said it was concerned about the occurrence of sporadic violent ethnic conflicts in Ghana, and it welcomed the efforts undertaken by the State party to mitigate such events. It further expressed concern about the existence of traditional practices that, according to the report, discriminated against people on racial or ethnic grounds, in particular in cases of interracial or inter-ethnic marriages; and it wished to receive information on the measures adopted to eradicate such discriminatory practices.
The Committee said it was concerned about the existing educational gap, which had an ethnic dimension, between populations of certain geographical areas of the country; and it encouraged the Ghanian authorities to pursue and increase efforts already undertaken to remedy that situation.
While welcoming the efforts undertaken by the State party to include all ethnic groups in decision-making processes, the Committee said it wished to receive more information about the measures adopted to that end, as well as on the results achieved.
The Committee recommended that Ghana take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order.
Conclusions and Recommendations on Reports of Fiji
Beginning its adoption of responses to the sixth to fifteenth periodic reports of Fiji, the Committee noted, among other positive things, the State party's intention to promote stability in multi-ethnic and multi-cultural Fijian society, its efforts to restore and rebuild confidence among its citizens and communities, and its intent to strengthen the foundation for economic growth and prosperity for all in Fiji; and it welcomed the creation of a Ministry of Reconciliation to help unite all Fijians. The Committee also noted the creation in 1999 of a National Human Rights Commission.
The Committee said it was deeply concerned about the damage to race relations caused by the 1987 and 2000 coups d'etat in Fiji; and it encouraged the State party to address perceptions that the Government continued to politicize culture, identity and ethnicity to maintain indigenous Fijian hegemony.
The Committee said it was deeply concerned that section 99 of the 1997 Constitution, which ensured power-sharing between ethnic communities through the creation of a multi-party Cabinet, was not currently being implemented. The Committee welcomed the assurances given by the Government that it would comply with the Supreme Court ruling to be issued later this year on that matter.



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