COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES CONSIDERATION OF ARMENIA'S REPORTS

CERD
61st session
8 August 2002
Morning


Exchanges Views on Situation in Fiji, Decides
to Examine Fiji's Reports in March 2003


The Committee on the Elimination of Racial Discrimination this morning concluded its consideration of the third and fourth periodic reports of Armenia on how that country was giving effect to the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
In a concluding statement, Mario Jorge Yutzis, the Committee Expert who served as country rapporteur to the reports of Armenia, said that Armenia should make an effort to define minorities; and there was a need to have in the future more precise information on legislation, in keeping with the provisions of the International Convention. He also said that non-traditional churches should have equal rights with the official Armenian church.
Over the course of the discussion, the Armenian delegation said that article 23 of the Armenian Constitution guaranteed the right to freedom of thought and religion, and people had the right to practice their respective beliefs.
Also participating in the debate were Committee Experts Nourredine Amir, Linos Alexander Sicilianos, Patricia Nozipho January-Bardill and Morten Kjaerum.
The Committee will release its concluding observations and recommendations on the reports of Armenia towards the end of its three-week session on 23 August.
As one of the 162 States parties to the International Convention, Armenia must submit periodic reports to the Committee on how it was implementing the provisions of the treaty. Article 9 of the Convention stipulates that States parties undertake to submit, for consideration by the Committee, reports on the legislative, judicial, administrative or other measures which they had adopted to give effect to the provisions of the Convention.
Also this morning, the Committee briefly exchanged views on the situation in Fiji, which it decided to consider during its March 2003 session. Fiji submitted a report today and a representative of that country was present.
The following Committee Experts expressed views on the situation in Fiji: Patricia Nophizo January-Bardill, Kurt Herndl, Mahmoud Aboul-Nasr, Raghvan Vasudevan Pillai, Regis de Gouttes, Patrick Thornberry, Nourredine Amir and Mario Jorge Yutzis.
When the Committee reconvenes at 3 p.m., it will hold a discussion with non-governmental organizations on the theme of descent-based discrimination.

Response of Armenia
In response to the questions raised by the Committee Experts yesterday afternoon, the members of the Armenian delegation said that the use of the word "mono-ethnic" in reference to Armenia in the reports was incorrect as alluded to by many Experts. They would take the issue back home and the situation would be reflected differently.
Since independence, the Government had passed 50 decrees aimed at relieving refugee problems, the delegation said. At present, besides the 72,000 internally displaced persons, there were a number of refugees being hosted by Armenia. The international community, particularly the United Nations High Commissioner for Refugees (UNHCR), had been supporting the efforts of the Armenian Government with regard to refugees.
Armenia had granted citizenship to many of the ethnic Armenians who came to the country as refugees from neighbouring countries, the delegation said. Some of the refugees were reluctant to acquire Armenian nationality for fear of losing the benefits they received as refugees.
Since Armenia had acceded to independence, 800,000 Armenians had left to settle in various countries, the delegation said. Six hundred thousand of them went to the Russian Federation.
The new criminal code provided for severe penalties for racially motivated crimes, the delegation said. The penalties included fines and prison terms. In the same code, crimes motivated by religious, national or racial hatred, and resulting in the death of the victim, could be punished by prison terms going from 8 to 15 years or up to life imprisonment.
Article 23 of the Armenian Constitution guaranteed the right to freedom of thought and religion, the delegation said. People had the right to practice their respective beliefs.
Non-governmental organizations had the right to operate in the country once they registered officially, the delegation said. The operations of non-governmental organizations (NGOs) were subject to the laws affecting them. Any organization that incited racial hatred could be banned.
Any person could freely determine to which ethnic group he should belong, the delegation said. The State could not interfere in the choice of the individual. Such freedoms were guaranteed in the law on national minorities.
A teaching programme on the culture of tolerance had been provided by a Norwegian organization to children of all national minorities, including training for teachers in that subject, the delegation said. A round table discussion had also been held by Armenia and an European organization on the culture of tolerance. The Government had also implemented a series of programmes intended to enhance the educational development of national minorities.
The delegation thanked the members of the Committee for recalling the act of genocide perpetrated against the Armenian people at the beginning of the last century, as well as the difficulties encountered by Armenia as a result of the recent economic blockade.
Responding to some of the follow-up questions by Committee Experts, the members of the Armenian delegation said that according to article 25 of the Law on Refugees, all norms of the country on the right to refugee status were not applicable to persons deported to Armenia between 1988 and 1992.

Concluding Statement
MARIO JORGE YUTZIS, the Committee Expert who served as country rapporteur to the reports of Armenia, said that Armenia needed to revise legislation on refugees concerning the refugees who came to the country between 1988 and 1992. The Government should also make an effort to define minorities. The reform of the penal code should contain provisions to punish institutions and not only private individuals; non-traditional churches should have equal rights with the official Armenian church; and precise information should be provided on the legislative and administrative measures undertaken by the Government to implement the provisions of the International Convention.

Concluding Statement by Delegation
ZORAB MNATSKANIAN, Permanent Representative of Armenia to the United Nations Office at Geneva, said the dialogue with the Committee had been an important exercise for Armenia. His country was committed to democracy and freedom, and such commitments were reflected in all of the laws enacted since Armenia's independence. Armenia would continue to cooperate with all international organizations to promote and protect human rights.

Situation in Fiji
At the outset, Committee Chairperson Ion Diaconu announced that Fiji had just submitted a report which would be considered during the March 2003 session. A representative of the Government of Fuji was also present in the room.
PATRICIA NOZIPHO JANUARY-BARDILL, the Committee Expert who served as country rapporteur to the situation in Fiji, said that the Committee had already gathered its own information based on various sources because of Fiji's failure to submit timely reports.
An Expert said that according to a report by Amnesty International, ethnic imbalances within the Government of Fiji were now being investigated.
ISIKELI MATAITOGO, Ambassador, Fiji Mission to the European Union, said that his country was committed to submitting reports to the UN human rights treaty bodies and it would provide detailed information when the reports were examined in March. He said he had submitted the Fiji Government's abridged sixth to fifteenth reports as required under article 9 of the Convention.



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