COMMITTEE ON ELIMINATION OF RACIAL
DISCRIMINATION CONCLUDES CONSIDERATION OF
REPORT ON SITUATION IN PORTUGAL
05 March 1999
MORNING
HR/CERD/99/10
5 March 1999
Committee Considers Situation in Democratic Republic of Congo
Under its Early Warning Measures and Urgent Action Procedures
The Committee on the Elimination of Racial Discrimination this morning concluded its consideration of a report presented by the Government of Portugal on how that country was implementing the International Convention on the Elimination of All Forms of Racial Discrimination.
The Committee will issue its written observations and recommendations on the report of Portugal towards the end of its three-week session, which concludes on 19 March. Portugal is one of the 153 States parties to the Convention and as such is obliged to submit periodic reports on how it was implementing the provisions of the Convention. A six-person delegation was at hand to answer questions raised by Committee experts.
Also this morning, the Committee discussed the situation in the Democratic Republic of the Congo under its prevention procedure for early warning measures and urgent action procedures.
The following Committee experts participated in the discussion: Eduardo Ferrero Costa, Mario Jorge Yutzis, Ivan Garvalov, Luis Valencia Rodriguez, Mahmoud Aboul-Nasr, Régis de Gouittes, Agha Shahi, Michel E. Sherifis, and Peter Nobel.
When the Committee reconvenes at 3 p.m., it will review the situations in Rwanda under its early warning measures and urgent action procedures and in the Congo whose submission of reports has been deemed excessively late.
Discussion
PAULO MARRECAS FERREIRA of the Ministry of Justice of(Portugal) said that the omission of the demographic composition of the Portuguese population in the report was because of the legal implication which prohibited reference to race, religion or colour.
A question was asked about whether Azoreans and Medeirans were considered as national minorities. The expert who raised question said that there were 350,000 Azoreans and 300,000 Medeirans. The delegate said that segments of the population were Portuguese living under local autonomy and thus they were not considered as minorities by the Government of Portugal. Those people would be offended if they were treated as minorities, he said.
Mr. Ferreira said that the classification of certain habitants into blacks and Gypsies did not in any way mean that the Portuguese population had racist or xenophobic attitudes. Those groups of people were not ostracized or treated differently. He noted that since 1989, there had been a number of violent actions of racist nature. They were essentially carried out by skinheads inspired by a neo-Nazi ideology and extreme radicalism and Blacks were their main target.
Concerning the Gypsies, the delegate said that they were sometimes the target of threats or measures by certain individuals, and in a few instances by public authorities, to have them expelled from places of residence. In 1996, under strong pressure from the population, the Mayor of Vila Verde decided to have housing accommodating the Gypsy population destroyed after allegations the Gypsies were involved in drug trafficking. However, the Ombudsman had concluded that the demolition orders and their implementation had been illegal.
IVAN GARVALOV, the Committee expert who served as country rapporteur to the report of Portugal, said that the delegation had said that the Portuguese society was multi-cultural and multi-ethnic one. He said that he was satisfied to know that Madeirans and Azoreans were not minorities and they would be offended if they were told that they were minorities. This information had been received from the Minority Rights Group International, he added.
Discussion on Situation of the Democratic Republic of the Congo
LUIS VALENCIA RODRIGUEZ, the Committee expert who served as country rapporteur to the situation in the Democratic Republic of the Congo under the Committee's prevention procedure for early warning measures and urgent action procedures, said that the situation in the region was one of great concern to the international community. He enumerated the efforts of the international community, including by the United Nations, to find a peaceful end to the conflict which he said had caused thousands of victims among the civilian population.
Mr. Vanecia Rodriguez also recalled that the Committee had already adopted three decision after reviewing the situation in the Democratic Republic of the Congo. He said the report of the International Investigating Team had already denounced the massacres and the massive violations of human rights in the country. Because of the obstacles created by the Government, the Team was obliged to interrupt its investigation in April 1998. Through United Nations Secretary-General Kofi Annan, a document on the findings of the Team was submitted to the Security Council. The Secretary-General had been informed that the grave violations of human rights and the international humanitarian norms and the killings of civilians which had amounted to genocide had been committed by the "Alliance des Democratiques pour la Liberation de Congo (AFDL) and elements of the Rwanda Patriotic Front.
Mr. Rodriguez also recalled that the Special Rapporteur on the human rights situation in the Democratic Republic of the Congo who was appointed by the Commission on Human Rights, Roberto Garreton, had indicated that the violation of international humanitarian laws in the region had been inspired by a policy of "ethnic cleansing". The Special Rapporteur also had affirmed that the victims of the summary executions committed by the forces of the Government were suspected to be Tutsis.
Mr. Rodriguez recommended that the Government of the Democratic Republic of the Congo should cooperate with the Investigating Team as it was requested to do by the President of the Security Council. The Government was also responsible for punishing those who had committed human rights violations.
In the course of the discussion, some experts asked for a briefing on the current situation in the Democratic Republic of the Congo by an official from the Office of the High Commissioner for Human Rights and asked for further information from the Organization of African Unity (OAU). Mr. Valencia Rodriguez was asked to prepare a draft decision or a statement for the Committee's consideration and action.
Committee Chairperson Mahmoud Aboul-Nasr recalled that the Organization of African Unity (OAU) also made efforts to bring a solution to the problems of that region of Africa. He said that the Committee should express its regret that the debate on the situation of the Democratic Republic of the Congo was taking place in the absence of a delegation from that country, despite the efforts of the Secretary of the Committee to contact the Permanent Mission to invite them to send a delegation. Concerning foreign intervention, countries other than Rwanda should also be mentioned. He proposed that the Committee draft a decision clearly pronouncing that the Convention was violated in the Democratic Republic of the Congo and that a genocide was being perpetrated.
Other experts stressed the seriousness of the situation in that country. One expert said the problem was regional and that the Government itself could resolve it. Another regretted the hate campaign organized against the Tutsis and the fact the State considers human rights defenders, non-governmental organizations and journalists as enemies. Without a cease-fire, the chance of bringing the massacre to an end was slim, an expert said.
In conclusion, M. Aboul-Nasr indicated that the Committee should remain seized of the situation in the Democratic Republic of the Congo and suggested that Mr. Valencia Rodriguez submit a draft statement or decision on the issue. He also underlined the need to obtain further information on the current situation of the country from the High Commissioner for Human Rights and the Organization of African Unity (OAU).
HR/CERD/99/10
5 March 1999
Committee Considers Situation in Democratic Republic of Congo
Under its Early Warning Measures and Urgent Action Procedures
The Committee on the Elimination of Racial Discrimination this morning concluded its consideration of a report presented by the Government of Portugal on how that country was implementing the International Convention on the Elimination of All Forms of Racial Discrimination.
The Committee will issue its written observations and recommendations on the report of Portugal towards the end of its three-week session, which concludes on 19 March. Portugal is one of the 153 States parties to the Convention and as such is obliged to submit periodic reports on how it was implementing the provisions of the Convention. A six-person delegation was at hand to answer questions raised by Committee experts.
Also this morning, the Committee discussed the situation in the Democratic Republic of the Congo under its prevention procedure for early warning measures and urgent action procedures.
The following Committee experts participated in the discussion: Eduardo Ferrero Costa, Mario Jorge Yutzis, Ivan Garvalov, Luis Valencia Rodriguez, Mahmoud Aboul-Nasr, Régis de Gouittes, Agha Shahi, Michel E. Sherifis, and Peter Nobel.
When the Committee reconvenes at 3 p.m., it will review the situations in Rwanda under its early warning measures and urgent action procedures and in the Congo whose submission of reports has been deemed excessively late.
Discussion
PAULO MARRECAS FERREIRA of the Ministry of Justice of(Portugal) said that the omission of the demographic composition of the Portuguese population in the report was because of the legal implication which prohibited reference to race, religion or colour.
A question was asked about whether Azoreans and Medeirans were considered as national minorities. The expert who raised question said that there were 350,000 Azoreans and 300,000 Medeirans. The delegate said that segments of the population were Portuguese living under local autonomy and thus they were not considered as minorities by the Government of Portugal. Those people would be offended if they were treated as minorities, he said.
Mr. Ferreira said that the classification of certain habitants into blacks and Gypsies did not in any way mean that the Portuguese population had racist or xenophobic attitudes. Those groups of people were not ostracized or treated differently. He noted that since 1989, there had been a number of violent actions of racist nature. They were essentially carried out by skinheads inspired by a neo-Nazi ideology and extreme radicalism and Blacks were their main target.
Concerning the Gypsies, the delegate said that they were sometimes the target of threats or measures by certain individuals, and in a few instances by public authorities, to have them expelled from places of residence. In 1996, under strong pressure from the population, the Mayor of Vila Verde decided to have housing accommodating the Gypsy population destroyed after allegations the Gypsies were involved in drug trafficking. However, the Ombudsman had concluded that the demolition orders and their implementation had been illegal.
IVAN GARVALOV, the Committee expert who served as country rapporteur to the report of Portugal, said that the delegation had said that the Portuguese society was multi-cultural and multi-ethnic one. He said that he was satisfied to know that Madeirans and Azoreans were not minorities and they would be offended if they were told that they were minorities. This information had been received from the Minority Rights Group International, he added.
Discussion on Situation of the Democratic Republic of the Congo
LUIS VALENCIA RODRIGUEZ, the Committee expert who served as country rapporteur to the situation in the Democratic Republic of the Congo under the Committee's prevention procedure for early warning measures and urgent action procedures, said that the situation in the region was one of great concern to the international community. He enumerated the efforts of the international community, including by the United Nations, to find a peaceful end to the conflict which he said had caused thousands of victims among the civilian population.
Mr. Vanecia Rodriguez also recalled that the Committee had already adopted three decision after reviewing the situation in the Democratic Republic of the Congo. He said the report of the International Investigating Team had already denounced the massacres and the massive violations of human rights in the country. Because of the obstacles created by the Government, the Team was obliged to interrupt its investigation in April 1998. Through United Nations Secretary-General Kofi Annan, a document on the findings of the Team was submitted to the Security Council. The Secretary-General had been informed that the grave violations of human rights and the international humanitarian norms and the killings of civilians which had amounted to genocide had been committed by the "Alliance des Democratiques pour la Liberation de Congo (AFDL) and elements of the Rwanda Patriotic Front.
Mr. Rodriguez also recalled that the Special Rapporteur on the human rights situation in the Democratic Republic of the Congo who was appointed by the Commission on Human Rights, Roberto Garreton, had indicated that the violation of international humanitarian laws in the region had been inspired by a policy of "ethnic cleansing". The Special Rapporteur also had affirmed that the victims of the summary executions committed by the forces of the Government were suspected to be Tutsis.
Mr. Rodriguez recommended that the Government of the Democratic Republic of the Congo should cooperate with the Investigating Team as it was requested to do by the President of the Security Council. The Government was also responsible for punishing those who had committed human rights violations.
In the course of the discussion, some experts asked for a briefing on the current situation in the Democratic Republic of the Congo by an official from the Office of the High Commissioner for Human Rights and asked for further information from the Organization of African Unity (OAU). Mr. Valencia Rodriguez was asked to prepare a draft decision or a statement for the Committee's consideration and action.
Committee Chairperson Mahmoud Aboul-Nasr recalled that the Organization of African Unity (OAU) also made efforts to bring a solution to the problems of that region of Africa. He said that the Committee should express its regret that the debate on the situation of the Democratic Republic of the Congo was taking place in the absence of a delegation from that country, despite the efforts of the Secretary of the Committee to contact the Permanent Mission to invite them to send a delegation. Concerning foreign intervention, countries other than Rwanda should also be mentioned. He proposed that the Committee draft a decision clearly pronouncing that the Convention was violated in the Democratic Republic of the Congo and that a genocide was being perpetrated.
Other experts stressed the seriousness of the situation in that country. One expert said the problem was regional and that the Government itself could resolve it. Another regretted the hate campaign organized against the Tutsis and the fact the State considers human rights defenders, non-governmental organizations and journalists as enemies. Without a cease-fire, the chance of bringing the massacre to an end was slim, an expert said.
In conclusion, M. Aboul-Nasr indicated that the Committee should remain seized of the situation in the Democratic Republic of the Congo and suggested that Mr. Valencia Rodriguez submit a draft statement or decision on the issue. He also underlined the need to obtain further information on the current situation of the country from the High Commissioner for Human Rights and the Organization of African Unity (OAU).