Committee on Elimination of Racial Discrimination adopts remaining conclusions on reports of Tunisia, concludes consideration of reports of Ghana

CERD
62nd session
18 March 2003
Morning


The Committee on the Elimination of Racial Discrimination adopted this morning the remaining part of its conclusions and recommendations on the thirteenth to seventeenth periodic reports of Tunisia, requesting, among other things, information on the situation of the Berber (or Amazigh) people.
The Committee said it regretted that Tunisia did not provide information on the Berber (or Amazigh) population in the country and on measures taken for the protection and promotion of the Berber culture and language. It requested specific information and recommended that consideration be given to the situation of the Berbers as specific components of Tunisian society.

Also this morning, the Committee concluded consideration of the sixteenth and seventeenth periodic reports of Ghana, with many Experts praising the performance of that country in combatting racial discrimination.

In the course of their responses to questions raised by Committee Experts during yesterday's meeting, members of a Ghanian Government delegation said, among other things, that the Government recognized the negative impact of its structural adjustment programme on poor segments of the population, and that a programme of action had been established to protect the country’s poor from harmful consequences of the stuctural-adjustment regime.

The delegation also said there might be isolated cases of objection to marriages by families on grounds of racial discrimination, but such objections were not a noticeable or significant problem in the country. There were cases of inter-marriage in all areas of Ghana, the delegation noted.
Raghavan Vasudevan Pillai, the Committee Expert who served as country rapporteur for the reports of Ghana, said, among other things, that the report was candid and reflected the seriousness and importance attached by Ghana to the issue of the elimination of racial discrimination.

Also participating in the morning’s debate were Committee Experts Agha Shahi, Patricia Nozipho January-Bardill, Regis de Gouttes, Mohamed Aly Thiam, Mario Jorge Yutzis and Nourredine Amir.
The Committee will release its formal conclusions and recommendations on the reports of Ghana this week before concluding its three-week session on 21 March.

As one of the 167 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination, Ghana must submit periodic reports on efforts to fight racial bias.
When the Committee reconvenes at 3 p.m., it is scheduled to hear from the Special Rapporteur on Racism, Doudou Diene, and from the official of the United Nations Educational, Scientific and Cultural Organization (UNESCO) who is in charge of the fight against racism and discrimination, Ali Moussa Iye.


Conclusions and Recommendations on Reports of Tunisia

The Committee adopted its remaining concluding observations and recommendations on the thirteenth to seventeenth periodic reports of Tunisia.

The Committee regretted that the State party did not provide information on the Berber (or Amazigh) population and on measures taken for the protection and promotion of the Berber culture and language. In view of the absence of any reference to that group in the reports, the Committee requested specific and concrete information on the situation of the Berbers, and recommended that consideration be given to the situation of the Berbers as specific components of Tunisian society.

The Committee said it would not accept any country's assertion that there was no racial discrimination within its borders and therefore recommended that Tunisia avoid that kind of generalization in future reports. The panel remained concerned that the legislation of the State party did not seem fully to respond to the requirements of article 4 of the Convention, and recommended that Tunisia review its domestic legislation in the light of the Committee’s General Recommendation XV of 1993 concerning the implementation of article 4 of the Convention, and that Tunisia adopt separate legislation on the offense of racial discrimination and the propagation of racial hatred.

Further, the Committee noted that insufficient information was provided in the report and in the delegation’s oral replies on the effective functioning of the human rights bodies and mechanisms of the State party, particularly the Higher Committee of Human Rights and Fundamental Freedoms and the Administrative Mediator. It requested that in its next periodic report, Tunisia provide additional information on the roles, responsibilities, functions and achievements of those institutions, as well as on measures taken to ensure their independence.

The Committee encouraged Tunisia to consult with organizations of civil society working in the area of combating racial discrimination during the preparation of the next periodic report. It noted that the State party had not made the optional declaration provided for in article 14 of the Convention, and urged the State party to consider the possibility of making such a declaration.

The Committee strongly recommended that the State party ratify the amendments to article 8, paragraph 6, of the Convention, adopted on 15 January 1992, at the Fourteenth Meeting of States parties to the Convention and endorsed by the General Assembly in its resolution 47/111 of 15 December 1992. [Article 8, para. 6, of the Convention reads: "States parties shall be responsible for the expenses of the members of the Committee while they are in performance of Committee duties".]
Moreover, the Committee recommended that the State party take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order, in particular in respect of articles 2 to 7 of the Convention, and that it include in its next periodic report information on action plans or other measures taken to implement the Durban Declaration and Programme of Action at the national level.


Responses of Ghana to Committee Questions

Members of a Ghanian Government delegation responded to the numerous questions raised by Committee Experts Monday during consideration of Ghana’s sixteenth and seventeenth periodic reports. They said, among other things, that the Government recognized the negative impact of its structural adjustment programme on the poor segments of the population, due to the fact that the programme did not eradicate income disparities. It therefore had introduced a Programme of Action to mitigate the social effects of the structural adjustment regime.

The Criminal Code was undergoing a general review, not only regarding the International Convention but also in connection with other issues including the Children's Act, the delegation said. The issue of article 4 of the Convention had been brought to the attention of the Attorney-General, who had referred the anomaly to the drafting division of his Office, which had taken it on board.
Asked how the Government promoted harmony among racial groups, beyond amending the Criminal Code, the delegation said Ghana's Constitution required that there should be regional and ethnic balance in the composition of the Government. It pursued a policy of an inclusive Government, and it had appointed persons of other political parties to ministerial and other high public positions. It was mandatory for political parties to have registered offices in all regions and to have national, not ethnic characters. The adherence of the Government to those policies had enhanced the promotion of racial harmony.

The delegation said that in view of the fact that the country’s Commission on Human Rights and Administrative Justice (CHRAJ) had offices in all 10 regions and 99 district offices, people from all those regions had access to the full enjoyment of the rights stipulated in article 5 of the Constitution. The cases handled by CHRAJ covered all categories of human rights guaranteed under the Court and referred to under article 5 of the Convention.

Ghana had pursued an open-door policy with regard to providing save havens for those who were unable to avail themselves of the protections of their own States, the delegation said. As a result of the recent event in Cote d'Ivoire, Ghana had been receiving new waves of refugees since the end of last year. There were 41,000 refugees located in four camps which were identified and set up in cooperation with the United Nations High Commissioner for Refugees (UNHCR). Over the last 10 years, Ghana had played host to refugees from Liberia, Sierra Leone, Togo and Chad.

The delegation said the National Commission for Civil Education (NCCE) was responsible for educating the public on their human rights and responsibilities and on all the provisions of the Constitution. The CHRAJ educated the public on human rights and administrative-justice issues. The CHRAJ played a very active role in the drafting of legislation by making inputs and submitting memoranda to Parliament, the delegation said. Even though there was a slight overlap in respect of human rights issues, CHRAJ was a specialist body on human rights matters, unlike NCCE. The Government recognized the need for coordination between the two institutions and such collaboration had taken place in the past.

On ethnic tensions in Ghana, especially in the Bawku and Bimbila areas, the delegation said that in the Konkomba-Nanumba and the Bawku crises, although there had been no violent incidents, matters had not been completely resolved. But there were ongoing processes such as using the regional and district security councils to resolve the differences permanently with a view to finding a lasting solution to the crisis, which had its roots in chieftaincy and land disputes.

There might be isolated cases of objection to marriages by families on grounds of racial discrimination but they were not a noticeable or significant problem in the country, the delegation said. There were cases of inter-marriage in all areas of Ghana.

Female genital mutilation (FGM) was a practice related to traditions of some ethnic groups, the delegation said. With the passage of a law against FGM, FGM now was being practiced in great secrecy. The passage of the law and ongoing education on the matter had resulted in a number of girls fleeing from their traditional homes to the cities.

The Government had held meetings to discuss the formulation of a national plan of action and follow up to the Durban Declaration and Programme of Action, the delegation said. The Government was still in the process of developing a national plan of action.

Many public officials had been investigated by CHRAJ, notably in 1995, when ministers of State were involved in allegations of corruption and abuse of office, the delegation said. The Commission had made adverse findings against some of them, resulting in their resignations. The Commission had never encountered any obstacles in its investigations. About 50 to 60 per cent of the Commission's cases related to wrongful dismissals of public officials.

A Commission had been created at the national level to fight against the HIV/AIDS pandemic, the delegation said. An educational campaign had been launched by the Commission. An AIDS desk had been set up in each ministry to deal with matters related to the disease.

RAGHAVAN VASUDEVAN PILLAI, the Committee Expert who served as country rapporteur for the reports of Ghana, said the reports were candid and reflected the seriousness and importance attached by Ghana to the issue of the elimination of racial discrimination. Additional information would be expected in the next reports on aspects concerning racial discrimination which were not fully dealt with in the current documents. Further information was also needed on how the different human rights were enjoyed by the population. Mr. Pillai said the traditional practices that still persisted should not hamper the full enjoyment of the rights set forth in the Convention.

Mr. Pillai said that the discussion and the reports had dealt with the role of the CHRAJ, which played an important part in the protection and promotion of human rights in Ghana. Further information on the activities of that Commission was also expected in the next report of the State party, along with information on the activities of the National Reconciliation Commission and the Ministry of Women and Children's Affairs.



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