COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION COMPLETES ADOPTION OF CONCLUSIONS ON REPORT OF CHINA

CERD
59th session
9 August 2001
Morning


Concludes Public Consideration of Report of Viet Nam


The Committee on the Elimination of Racial Discrimination this morning completed its adoption of concluding observations and recommendations on the report of China which it started yesterday.

In the remaining paragraphs which were adopted, the Committee, while recognizing efforts made which had resulted in an increased number of schools and a decrease of illiteracy in minority regions, said it was concerned about continuous reports of discrimination with regard to the right to education in minority regions, with particular emphasis on Tibet.

The Committee reiterated its concern regarding the situation of foreign domestic workers in the Hong Kong Special Administrative Region, and the existence of certain rules and practices, such as the so-called "two-week rule", which might be discriminatory in effect.

Also this morning, the Committee concluded its public consideration of the ninth periodic report of Viet Nam. Responding to a number of questions raised by Committee members, the delegation said, among other things, that there was freedom of religion in the country and that Viet Nam had no problem with people following different creeds; there were a number of Catholic bishops and cardinals and the number of places of worship had increased; in addition, there were places of worship for Buddhists and Muslims; and the fact that the Government was Communist did not impede people from following their individual beliefs, even if they were members of the Party.

Patricia Nozipho January-Bardill, the Committee member who served as country rapporteur to the report of Viet Nam, said in preliminary remarks that there was no doubt that a hierarchy of some sort which influenced social relations had led to discriminatory practices and other social ills in Viet Nam. In that regard, the authorities were invited to have a closer look at article 1 of the Convention and to consider how it might use that definition, she said.

Also participating in the debate were Committee members Yuri A. Reshetov, Michael E. Sherifis, Luis Valencia Rordriguez, Régis de Gouttes, Agha Shahi, François Lonsény Fall, Mahmoud Aboul-Nasr, Raghavan Vasudevan Pillai, Mario Jorge Yutzis, Gabriele Britz and Patrick Thornberry.

The Committee will release its concluding observations and recommendations on the report of Viet Nam before the end of its three-week session, which will conclude on 17 August.

As one of the 157 States parties to the Convention, Viet Nam must submit periodic reports to the Committee on its performance to give effect to the provisions of the treaty. A four-member Vietnamese delegation was on hand throughout the two meetings to present the report and to answer questions raised by Committee members.

When the Committee reconvenes at 3 p.m., it will take up the report of Ukraine.

Concluding Observations and Recommendations on Report of China

The Committee, while recognizing efforts made which had resulted in an increased number of schools and a decrease of illiteracy in minority regions, said it was concerned about continuous reports of discrimination with regard to the right to education in minority regions, with particular emphasis on Tibet. It recommended that China urgently ensure that children in all minority areas had the right to develop knowledge about their own language and culture as well as the Chinese, and that they were guaranteed equal opportunities, particularly with regard to access to higher education.

While noting the State party's efforts to facilitate integration and naturalization of Indochinese refugees in Mainland China, the Committee was concerned that different standards of treatment were applied to Indochinese asylum seekers on one hand and asylum seekers of other national origins on the other, notably with regard to the right to work and education. Particular concern was expressed regarding the treatment of asylum seekers from the Democratic People's Republic of Korea, who were reportedly refused asylum and returned, even in cases when they had been considered to be refugees by the United Nations High Commissioner for Refugees. The Committee recommended that the State party take necessary measures to guarantee and ensure equal treatment of all refugees and asylum seekers.

The Committee reiterated its concern regarding the situation of foreign domestic workers in the Hong Kong Special Administrative Region, and the existence of certain rules. It said that practices, such as the so-called "two-week rule", might be discriminatory in effect.

Response of Viet Nam

In response to a number of questions raised by Committee Experts, the members of Vietnamese delegation said that in Vietnamese language the term ethnic did not exist and that another name was used to indicate such categories of people.

There were no separate regulations for elections which might include minorities, the delegation said. The number of deputies representing ethnic groups could not be determined in advance; minorities participated in general elections without any distinction because of their origin.

With regard to the right to freedom of movement, the delegation said that there were no restrictions and any citizen could reside in a place of his or her choice in the country.

Land allotment to ethnic people was a priority for the Government, the delegation said. There was also a policy that the land allotted to ethnic people should be fit for the cultivation of rice and other new products such as coffee, which had become a popular cash crop in the country.

There were no special schools for ethnic minorities, the delegation said, adding that the same educational curriculum was applied to all citizens without distinction.

Concerning family planning, Viet Nam had won the United Nations prize on the population issue, the delegation said. The Government did not force people to refrain from having more children, instead having more children had a negative effect on families because of the reduction of benefits given to them.

With regard to trafficking in women, the delegation said that penalties were imposed against persons who were involved in such activities.

Almost all international human rights conventions were translated into Vietnamese, the delegation said.

Viet Nam was a party to many of the International Labour Organization conventions, the delegation said. The convention on the elimination of child labour had been implemented and the Government could say that it was on the right track on that issue.

The Government of Viet Nam collaborated with non-governmental organizations except for those who were biased in their approach, the delegation said.

With regard to freedom of religion, Viet Nam had no problem with people following different creeds, the delegation said. More than ever, there were a number of Catholic bishops and cardinals and the number places of worship had increased. In addition, there were places of worship for Buddhists and Muslims. The fact that the Government was Communist did not impede people from following their individual beliefs, even they were members of the Party.

PATRICIA NOZIPHO JANUARY-BARDILL, the Committee member who served as country rapporteur to the report of Viet Nam, said in preliminary remarks that there was no doubt that a hierarchy of some sort which influenced social relations had led to discriminatory practices and other social ills in Viet Nam. In that regard, the authorities were invited to have a closer look at article 1 of the Convention and to consider how they might use that definition.

She said that the Committee commended the efforts of the Government to rebuild and renew the social and economic fabric of Vietnamese society. The Committee hoped that the Government continued its efforts in achieving these goals. The Government had enacted a number of laws, including the Constitution, however, the Committee would like to see more specific anti-discriminatory laws to back article 5 of the Vietnamese Constitution.

Ms. January-Bardill further said that the Committee would also appreciate receiving more information on the implementation of the laws and their effect and perhaps the obstacles that the Government faced as it worked towards achieving its intended human-rights goals. A gender-approach to the Government's analysis of discrimination against ethnic minorities would assist the Committee considerably because it was concerned about the impact of discrimination on women and children in the country, she added.



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