COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CALLS FOR PEACEFUL SOLUTION OF THE CURRENT CRISIS IN MIDDLE EAST

CERD
62nd session
7 March 2003
Afternoon



Begins Review of Reports of Uganda



The Committee on the Elimination of Racial Discrimination adopted this afternoon a declaration calling on the Security Council and the international community to find a peaceful solution to the current crisis in the Middle East.
In its declaration, the Committee drew the attention of the international community to what it said would be the devastating effects of any resort to war in Iraq, not only at the military, economic, political, and social levels and in relation to the fate of civilian populations, but also because of the resurgence of phenomena of racial and ethnic discrimination, xenophobia and even terrorism.
The declaration stated that the Committee was convinced that world stability and the whole system of collective security and protection of human rights which the United Nations has been building for more than half a century were being placed at risk by the movement towards war.
The Committee also began consideration this afternoon of the second to tenth periodic reports of Uganda, questioning Ugandan officials, among other things, on the status and well-being of the country's many minorities.
Introducing his country's reports, Tom Butine, Minister of State for Foreign Affairs of Uganda, said the country's foreign policy objectives were based on the respect for international law, as well as opposition to all forms of discrimination, racism and other forms of oppression and exploitation.
He said the Ugandan Constitution of 1995 integrated the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination into its chapter 4, which addressed the protection and promotion of fundamental and other human rights and freedoms.
Committee Expert Luis Valencia Rodriguez, who served as country rapporteur for the reports of Uganda, noted among other things that the country's population had reached 21 million and was composed of 40 distinct ethnic groups. Uganda had traversed a difficult and complex history, he said.
Taking part in the afternoon's debate were Committee Experts Raghavan Vasudevan Pillai, Mahamed Aly Thiam, Patrick Thornberry, Kurt Hendl, Regis de Gouttes, Marc Bossuyt, Patricia Nozipho January-Bardill, Yuri A. Reshetov, Tang Chengyuan, Nourredine Amir and Agha Shahi.
The Ugandan delegation included Nathan Irumba, Ambassador and Chargé d'Affairs of the Permanent Mission of Uganda in Geneva; Arthur Gakwandi, Ambassador and Deputy Permanent Representative of Uganda to the United Nations Office at Geneva; Zam Zam Nagujja Kasujja, Deputy Director of the Legal Department, Movement Secretariat; Nathan Ndoboli and Denis Manana, First Secretaries at the Permanent Mission of Uganda in Geneva; and Andrew Leru, Senior Assistant Secretary at the Ministry of Internal Affairs.
As one of the 167 States parties to the International Convention on the Elimination of Racial Discrimination, Uganda must present periodic reports to the Committee on efforts to implement the treaty.
When the Committee reconvenes at 10 a.m. Monday, 10 March, it will continue its review of the reports of Uganda, hearing responses to the questions asked this afternoon.

Declaration
Following its debate yesterday afternoon on the current situation and the looming possibility of war in Iraq, the Committee adopted the following text:
"The Committee on the Elimination of Racial Discrimination,
"Expressing itself within the framework of its mission of implementation of the International Convention on the Elimination of Racial Discrimination;
"Recalling the relevant provisions of the United Nations Charter, in particular the principles set out in its article 2;
"Alarmed by the worsening of the situation in the world since the terrorist attacks of 11 September 2001 and by the current threats of recourse to force in the Middle East;
"Convinced that world stability and the whole system of collective security and protection of human rights which the United Nations has been building for more than half a century are placed at risk;
"Recalling its condemnation of terrorism in all its forms and of its destructive effects on human rights;
"Draws the attention of the international community against the devastating effects of any resort to war, not only at the military, economic, political, social level and in relation to the fate of civilian populations, but also because of the resurgence of phenomena of racial and ethnic discrimination, xenophobia, intolerance, and even terrorism, that would undoubtedly result from it; and
"Calls upon the Security Council and the international community to find a peaceful solution to the current crisis in compliance with the international legal order binding upon all."

Reports of Uganda
The second to tenth periodic reports of Uganda (CERD/C/358/Add.1) describe administrative and legislative measures undertaken by the Government to comply with the provisions of the Convention. The reports say that the Government is working hard to ensure that human rights are an integral part of its policies and those of Government ministries, organs and institutions.
It is noted that Uganda is a multicultural and multi-ethnic society. The indigenous population is composed of 56 communities and nationalities, which were specified in the 1959 Constitution. Since coming to power in 1986, the National Resistance Movement Government has demonstrated concern for the welfare of indigenous communities and for people of all racial backgrounds, the reports contend.
The reports note that the Government has continued to urge all its citizens to advance a human rights culture by using all the opportunities offered by civil society, Government organs and Constitutional commissions to learn their rights and how to defend them. The authorities of Uganda continue to aim at building unity in diversity and discourage intolerance, revenge, prejudice or discrimination on any grounds, the reports contend.

Introduction of Reports
TOM BUTINE, Minister of State for Foreign Affairs of Uganda, said Uganda's foreign policy objectives were based on respect for international law and treaty obligations as well as opposition to all forms of discrimination, racism and other forms of oppression and exploitation. The Constitution of 1995 integrated the provisions of the Convention into its chapter 4, which addressed the protection and promotion of fundamental and other human rights and freedoms.
Mr. Butine said the judicial process in Uganda was open to all persons within its jurisdiction and was easily accessible. An informal court system of local councils handled cases at the lowest level. All persons, both foreigners and nationals, participated in the election of the committee that formed those courts. The formal court system, comprising magistrates' courts, the High Court and the Supreme Court, was equally open to all. The national Human Rights Commission, with its tribunal, was another form of legal redress that had increased the fora open to any person who might feel that his or her rights were being violated or that he or she was being discriminated against.
The Minister said participation in government at the lower levels of local councils was open to all persons. At that level, even what were considered minority tribes could choose their leaders. While access was guaranteed at higher levels of representation to district councils and to Parliament, it was a recognized fact that some minority groups, due to low numbers, found it difficult to get representation. That was one of the areas that the Government was trying to address.
Mr. Butine said the Government had completed the process of return of properties to Indians taken under the Expropriations Act of 1982; the Human Rights Commission and its Tribunal were working to address any reported violations of human rights and issues relating to discrimination; and the Ministry of Justice had a Human Rights Desk to receive complaints of violations and to refer them to the proper forum.
The situation of minority groups such as the Batwa and the Karamojong was a matter the Government planned to address. Nonetheless, Government programmes and funding to ease their plight were in place. Affirmative action in favour of marginalized groups had been established to address some of the country's historical imbalances.

Discussion
LUIS VALENCIA RODRIGUEZ, the Committee Expert who served as country rapporteur for the reports of Uganda, said the country's population had reached 21 million and was composed of 40 distinct ethnic groups. The country was therefore a multiracial society. There were also other groups of people from Asia, as well as an important number of refugees from neighbouring countries. Uganda had traversed a difficult and complex history. It's situation also had been exacerbated by inter-communal, religious and linguistic conflicts.
Mr. Rodriguez said the general conditions of the country were not entirely satisfactory. It remained dominantly an agricultural country, with coffee as its principal cash crop. The per capita income was only US$ 330. Infant mortality had been reduced from 122 to 88 per thousand. Although the rate of school enrolment had increased in recent years, the rate of literacy was only 54 per cent.
Mr. Valencia Rodriguez said the judicial organization of the country included informal courts established in 1987 by the Resistance Committee and composed of local inhabitants. The 1995 Constitution had provided for the establishment of political parties in the country. It had also prohibited the formation of parties on racial or tribal grounds. However, many political parties could not fully operate in the country.
Mr. Rodriguez said armed conflict between the Government army and that of the Lord's Resistance Army (LRA) had continued with children being kidnapped to served as soldiers in the Resistance. The LRA had been committing brutality, terror and assassination of the civil population. The violence had affected the human rights of the population in the area where the fighting was carried out. The non-governmental organization Human Rights Watch report had indicated that although the violence had decreased, the kidnapping of children for use as soldiers and for sexual purposes continued.
According to the "Human Rights Publication" of 2001, Uganda's intervention in the Democratic Republic of the Congo was to assure its own security, Mr. Rodriguez noted. The Ugandan army had been supporting the Hema ethnic groups in the Congo, where on 24 January 2001 a grave violence had been perpetrated with 150 civilian casualties. In the conflict in the region, 150,000 persons had been displaced.
Mr. Rodriguez recalled that between 1971 and 1979, massive human right violations had been perpetrated in Uganda under the military regime of Idi Amin, who expelled thousands of Ugandans of Asian origin. The regime had also confiscated the properties of those citizens. At present, although the situation had been eased, the process of restitution had not been fully carried out. The delegation was asked to provide additional information on the issue.
Other Committee Experts also raised questions. They asked, among other things, how the Government was giving effect to the reports submitted to it by the country's Human Rights Commission; how the Government was handling the situation of HIV/AIDS victims to prevent discrimination against them; what was the function of the informal courts; what was the situation of foreigners living in the country; and what were the populations of minorities other than those given in the reports.
An Expert said the educational system of Uganda was deliberately programmed to encourage national unity and ethnic integration; he asked if the delegation could provide information if that was similar to "assimilation". Concern was expressed for the survival of the Batwa forest people.
An Expert wanted to know about the Convention's status within domestic law and asked if the Government implemented article 4 of the Convention, which provided for the banning of organizations of a racist nature An Expert asked if complaints of racial discrimination were registered. Did the Government provided training to its law-enforcing personnel?
An Expert asked about the specific social situation of each ethnic group. He also sought information on the cause of the conflict between the Government and the Lord's Resistance Army in the north of the country, noting that the kidnapping of children continued. And he asked how the Government could justify the presence of its army in the Democratic Republic of the Congo.



* *** *