COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES CONSIDERATION OF REPORT OF DOMINICAN REPUBLIC

MORNING

HR/CERD/99/63
24 August 1999


Adopts Concluding Observations on Report of Latvia

The Committee on the Elimination of Racial Discrimination concluded consideration this morning of a report of the Dominican Republic, with a Government delegation saying that a regrettably long period between the submission of its last report and this one would not be repeated, and that the Government would continue its dialogue with the Committee.

Committee Expert Luis Valencia Rodriguez, who served as country rapporteur for the report, said the Government should recognize the existence of racial discrimination in the country with regard to Haitians, which had been widely reported by different sources.

The Committee will issue its formal, written observations on the report before the end of its four-week session, which concludes Friday. The Dominican Republic is one of 155 States parties to the Convention and as such must submit periodic reports to the Committee on efforts to implement the treaty.

Later in the morning, the Committee adopted concluding observations on a report of Latvia discussed earlier in its summer session. It expressed concern, among other things, that the qualification requirements for the naturalization process of more than 25 per cent of its resident population remained slow.

Also this morning, the Committee exchanged views on a proposal submitted by one of its Experts regarding the consideration of the situation the United States. Sending a letter to the United States Government reminding it of its obligations to submit reports to the Committee was discussed. Later, the Committee agreed that its Chairperson would consult with United States officials in Geneva before adopting a decision. The United States ratified the Convention on 21 October 1994.

The Committee also agreed to hold its fifty-eighth session in March 2001 in New York.

When the Committee reconvenes at 3 p.m., it will take up a report of Guinea (document CERD/C/334/Add.2).

Discussion of report of Dominican Republic

In response to a number of questions raised by Committee Experts, of the delegation of the Dominican Republic said the regrettable prolongation in the submission of reports would not be repeated in the future and that the Government would continue its dialogue with the members of the Committee.

With regard to migration, the delegation admitted there were a number of Haitians residing in the Dominican Republic, either legally or otherwise. Officially, the Government had registered and had given residency and work permits to 400,000 Haitians. Although it was understood that a high number of Haitians was in the country, it was difficult to provide an approximate figure, the delegation said. The problem of illegal immigration was due to the impossibility of controlling the 380 km.-long border separating Haiti and the Dominican Republic. For its part, the Dominican Republic had 1,500 km.-long land and shore frontiers which could be penetrated easily. In addition, Haitians coming to the Dominican Republic were not only driven by economic forces but by political reasons such as the coup d'etat in Haiti.

As regards the procedure for deportation, the delegation said a 1932 act on entry and exit of foreigners had been applied to all foreigners in irregular situations in the country without distinction. Concerning Haitians, inspections were carried out in all places where Haitians lived to determined their number and their legality. Haitians without documents justifying their presence were detained and those who were found with false documents were returned to Haiti by bus.

The Dominican Government officials said that in order to reduce the number of deportees, the Government had been carrying out careful operations while expelling Haitian to their places of origin. The Government had also established documents for six months to allow illegal residents ample time to find jobs in the sugar plantations. Additional border control by helicopters and patrol jeeps had been reinforced to prevent illegal migration.

Primary education was compulsory and free of charge to all persons living in the territory of the Dominican Republic, the delegation said. Basic technical education was also provided free. Haitian children could be admitted to Dominican schools provided they presented birth certificates, which were essential for registration in all schools. That requirement might have discouraged Haitian parents from sending their children to Dominican schools, the delegation said.

The delegation said that since Constitutional reform in 1994, democratic institutions had been strengthened, including the judiciary. The training of career judges, police and other law-enforcement personnel had continued, with financial autonomy provided to the judiciary. A commission had been established to assist in training and to improve the quality of justice.

Regarding legal texts prohibiting racial offenses, no cases of racial discrimination had been dealt with or decisions adopted in that regard, said the delegation. Nevertheless, programmes on human rights had been conducted to raise people's awareness of the issue of race and other human-rights elements. In addition, Dominican legislation protected and provided rights for all citizens, including foreigners residing on Dominican territory. The Constitution also provided for any citizen to elect or to be elected. But naturalized citizens were not allowed to become president or vice president of the country.

Concerning the issue of nationality, the delegation said that children born of a Dominican parent and a foreigner on Dominican territory had the right to Dominican nationality. All persons born on Dominican territory, except diplomats or persons in transit, had the right to request Dominican nationality. In addition, persons born of a Dominican parent outside the country who did not acquire the nationality of another State could be considered Dominicans. A foreigner who married a Dominican woman could also be a national if he wished to. Any persons born in the Dominican Republic who did not have any other nationality also had the right to a Dominican nationality. Dominican legislation prohibited arbitrary deprivation of nationality.

LUIS VALENCIA RODRIGUEZ, the Committee Expert who served as country rapporteur for the report of Dominican Republic, noted with appreciation the willingness of the Government to resume its dialogue with the Committee and to submit its reports as scheduled. He said that various non-governmental organizations, along with other sources, had indicated that racial discrimination existed in the Dominican Republic, particularly against Haitians. The Government should recognize that situation, he said.

Mr. Valencia Rodriguez thanked the delegation for the information it had provided with regard to education and work under way to strengthen it by implementing programmes on illiteracy eradication. He further said he took note of deportation activities, especially affecting Haitians; and took note of the measures taken to reform the country’s criminal code and criminal procedure code. He said he wished to receive information on the outcome of those reforms. In conclusion, he stressed a need to strengthen respect for human-rights matters in the Dominican Republic, particularly through the implementation of the Convention.

Concluding observations on report of Latvia

The Committee found as positive Latvia's achievement of a substantial level of social stability and important progress in legislative reform, despite the difficulties inherent in the transitional period following its return to independence after the dissolution of the Soviet Union. The Committee noted that a number of restrictions that had been applied to non-citizens had been lifted, including restrictions on the right to own land in some cases, access to employment in various fields, and access to social benefits.

The Committee expressed concern about the absence of a legal provision explicitly defining racial discrimination in accordance with article 1(1) of the Convention. It expressed concern that the qualification requirements for the naturalization process of more than 25 per cent of its resident population remained slow. Concern was also expressed about reports that there were still unjustified differences in treatment between citizens and non-citizens, most notably members of minorities, in the enjoyment of the rights provided for in article 5(e) of the Convention. The Committee said it also was concerned that passports for non-citizens, replacing those of issued by the former USSR, were being issued at an unreasonably slow pace.

The Committee recommended that Latvia take account in its legislation of the definition of racial discrimination in article 1(1) of the Convention. It urged the State party to actively implement all provisions of article 4 of the Convention and to include in future reports information on cases brought before the courts and their outcomes. It also recommended, among other things, that Latvia review differences in treatment between citizens and non-citizens, especially members of minorities, in light of the provisions of article 5(e) of the Convention; and urged the State party to maintain the possibility for residents to be educated in minority languages.