COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION COMPLETES CONSIDERATION OF REPORT OF LIBYA

HR/CERD/98/22
16 March 1998


Experts Take Up a Report of Cameroon

A Libyan Government official told the United Nations Committee on the Elimination of Racial Discrimination this morning that the country's Berbers and Tuaregs were of Arab origin and were not considered national minorities.

Responding to questions raised last Friday by Committee members examining a report on how Lybia applies the International Convention on the Elimination of all Forms of Racial Discrimination, Salem Ahmed Quateen, of the country's General People's Committee for Foreign Liaisons and International Cooperation, said the statement in the document that racial discrimination did not exist in Libyan society was supported by social and historical proof. Libya did not want the creation of a national minority or of differences in the enjoyment of economic, social and cultural rights. Berbers and Tuaregs were part of the Libyan people and enjoyed the same rights as other Libyan citizens.

The official added that foreign workers enjoyed the same rights as Libyan citizens, except regarding political life.

As one of 148 States parties to the Convention, Libya must periodically report to the Committee on measures taken to eliminate bias. The Committee will issue formal, written recommendations on reports presented by Libya towards the end of its three-week session, which concludes on 20 March.

Also this morning, the Committee began consideration of a report by the Government of Cameroon. Leading the discussion, Regis de Gouttes, Committee expert from France, said Cameroon's submission of a periodic report was proof of the Government's determination to maintain a dialogue with the Committee, in spite of the difficulties involved in drawing up the document. He asked for clarifications regarding reports of discrimination and preferential treatment involving the over 230 ethnic groups in the country.

The following experts participated in the proceedings: Ivan Garvalov (Bulgaria); Régis de Gouttes (France); Yuri A. Rechetov (Russian Federation); Agha Shahi (Pakistan); and Zou Deci (China).
The Committee will reconvene at 3 p.m. today to continue consideration of Cameroon's report.
Discussion of Report of Libya

Continuing the discussion of the fourteenth periodic report of Libya, a Committee expert noted that all foreigners should be treated equally. Libya should provide demographic data on the ethnic composition of the population and specific information should be given on the enactment of the Penal Code, he said.

Regarding the existence of national minorities, a Committee expert said Berbers were not Arabs. They had their own language, customs and identity and thus made up a national minority. One should not deny the existence of these minorities nor consider that there was no racial discrimination because, as it was claimed, all Libyans belonged to the same race.

Responding, SALEM AHMED QUATEEN, Director of the Treaties and Legal Affairs Department, General People's Committee for Foreign Liaisons and International Cooperation, said the statement in the report that the phenomenon of racial discrimination did not exist in Libyan society was supported by social and historical proof. Berbers and Tuaregs were of Arab origin and were not considered as national minorities. Libya did not want the creation of a national minority or the creation of differences in the enjoyment of economic, social and cultural rights, he said. Berbers and Tuaregs were part of the Libyan people and enjoyed the same rights as other Libyan citizens.
Although half of the citizens were black, Libyans were one single people united by one language and one religion, Mr. Quateen said. Libya was a large country that needed foreign labour. There were over one million such workers from over 18 different countries. Non-Libyans enjoyed the same rights as Libyan citizens, the only difference being in the enjoyment of political rights. Foreigners in the country who were unable to find work, however, were brought to the border.

Libyan legislation prohibited racial discrimination and protected freedom of thought and religion, Mr. Quateen said. All Libyan laws were inspired by Islamic law and guaranteed the right of everyone -- without distinction as to race, colour, or national or ethnic origin -- to equality before the law, the right to security of person and protection against violence or bodily harm; they also guaranteed political and civil rights. There were no statistics or cases of complaints brought before the courts. Such cases would be summarized in the next periodic report if any complaints were lodged.

The Convention had been published in the Official Gazette and the media, Mr. Quateen continued. Moreover, measures were taken to widely disseminate the provisions of the Convention and those of other human rights instruments

Mr. Quateen said women benefited from all the rights guaranteed by Libyan legislation, as well as full social respect. Women were equal to men and had rights and duties as men did. The State encouraged them to gain knowledge and to work. As a result, an increasing number of women were engaged in economic activities suited to them. As such they did not undertake arduous work. The State also carried out measures to facilitate access of women to jobs; they were granted maternity leave; and nurseries had been created.

In concluding remarks, IVAN GARVALOV, Committee member from Bulgaria, serving as rapporteur on the report of Libya, thanked the delegation and expressed the hope that more detailed information would be provided in the next periodic report. With respect to racial discrimination, he said greater specific information was needed on why no acts of racial discrimination, by State officials or individuals in the private sector, had been reported in the country.

Mr. Garvalov asked for additional information on, among other things, measures taken by Libya in the fields of teaching, education, culture and information with a view to combating prejudices which led to racial discrimination; the prohibition of racist propaganda and organizations based on racial hatred, and the remedies and reparation granted to victims of racial discrimination.

Report of Cameroon

The fourteenth periodic report of Cameroon (document CERD/C/298/Add.3) states that the population of Cameroon, estimated at 14,045,00 comprises more than 230 ethnic groups defined on the basis of dialect. These are divided into five major groups: the Bantu, the semi-Bantu, the Sudanese, the Peulh and the Choa. The Pygmies, Cameroon's authentic indigenous inhabitants, are numbered at 50,000 persons.

Cameroon is a unitary, decentralized and democratic State with a semi-presidential regime, the report continues. Since acquisition of independence in 1960, Cameroon has been committed to upholding human rights, the protection of which is enshrined in the Constitution and the Penal Code. Moreover, a national Committee on human rights and freedoms was set up in November 1990.

The State ensures the protection of minorities and safeguards the rights of indigenous populations, the report explains. Thus Cameroon seeks to ensure the appropriate development and protection of certain groups, in order to enable them to exercise their rights under conditions of equality. A number of State and international programmes are aimed at assisting the Pygmies in the eastern and southern provinces, whilst preserving their cultural identity.

Introduction of Report of Cameroon

Introducing the report, JOSEPH YOUMSI, Director of Legislation, Ministry of Justice, said Cameroon was marked by geographical, climatic, ethnic, religious, and other diversity. It was in this context that the Government carried out its policy to combat racial discrimination in accordance with the provisions of the Convention. The report contained information on the legislative, administrative, judicial and other measures taken by Cameroon to implement the provisions of the Convention.

Discussion of Report of Cameroon

Leading the debate on the report of Cameroon, REGIS DE GOUTTES, Committee member from France, welcomed the submission of a periodic report from Cameroon, proof of the Government's determination to maintain the dialogue with the Committee in spite of the difficulties involved in drawing up the report. The document, taking into account past recommendations of the Committee, contained very useful information on the various ethnic groups. According to information from non-governmental organizations (NGOs), and United States Department, allegations of racial discrimination subsist. The Bulu and Beti ethnic group, for example, were said to hold key positions in the government and security forces. In other sectors, discrimination by other ethnic groups was said to be frequent, each group attempting to obtain preferential treatment for its members.

The report contained important socio-economic and cultural information, as well as specific explanations of the political framework, Mr. de Gouttes continued. Further information would be welcome on the role of the National Committee on human rights and freedoms. What means was it given and what had it achieved? Moreover, what role did NGOs play in this Committee, he asked.
Mr. De Gouttes expressed some concern on the 'Socio-economic integration of the Baka/Bakola' project aimed at the Pygmies in the eastern and southern provinces. One of the aims of the project, namely the stabilization of the Pygmies in their camps, was ambiguous. Did this not fix the Pygmies in their isolation and marginalization? he asked.

Mr. de Gouttes said the report should contain information on the precise penal provisions to punish racist propaganda, provocation and incitement to acts of racial hatred, and the participation in bodies that spread racial discrimination (as per article 4 of the Convention). Anti-racist penal legislation was required in all States parties to prevent such acts.

Referring to reports of Amnesty International, Mr. de Gouttes asked for information on the follow-up given by the Cameroon Government to the request by the International Criminal Tribunal for Rwanda concerning the extradition of Rwandan citizens suspected of having participated in the 1994 massacres. Moreover, clarification was needed regarding the reported arrest, intimidation and ill-treatment of persons opposed to the Democratic Front, we well as on ongoing judicial proceedings against students and journalists. Allegations of suspension of newspapers were also of concern.

Regarding issues considered not directly relevant to the Convention, Mr. de Gouttes pointed to Amnesty International reports describing poor conditions of detention. As for the right to security of person, there were reports that traditional Chiefs in the north of the country continued to hold political opposition figures in unofficial detention centres.

Mr. de Gouttes said it was of primary importance that the country provide data and statistics on complaints related to racially discriminatory acts, as well as on proceedings and damages awarded in such cases. That information was considered a test of the effective application of the Convention. Statements that there was no racial discrimination was not valued as positive by the Committee as they could be the indication that the general public was given insufficient information on possible recourse procedures; that there was lack of confidence on the part of the public to lodge complaints; or that not enough importance was given by the judiciary to such offenses.

Concerning education and information on human rights issues and provisions of the Convention, Mr. de Gouttes said the Government should provide more information on, among other things, measures taken to provide equality of treatment to different ethnic group in the fields of teaching, education, culture and information; training in human rights, tolerance and inter-ethnic understanding, especially for judges, policemen and prison personnel; the measures taken to encourage the work of NGOs, and the measures taken to disseminate the Convention and the concluding observations and recommendations of the Committee.