COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES EXAMINATION OF A REPORT OF CAMEROON

HR/CERD/98/24
17 March 1998


Experts Complete Consideration of Cambodia Report

A Cameroon Government delegation said this morning that arrests and suspensions referred to by members of the Committee on the Elimination of Racial Discrimination were not arbitrary but the result of a healthy application of the law.

In remarks at the conclusion of a two-day review of the application of the International Convention on the Elimination of all Forms of Racial Discrimination in the Central African country, Joseph Youmsi, of Cameroon's Ministry of Justice, welcomed the dialogue and comments of Committee experts which, he said, demonstrated the interest given to the situation in the country. There was no room for racial discrimination in Cameroon because of the existence of an independent and effective judiciary, he said, adding that the precariousness of certain ethnic groups were of concern to the Government and all possible efforts were being made to improve the situation of these groups and integrate them into society while taking into account their wishes and way of life.
Regis de Gouttes, the expert charged with the leading the debate on Cameroon, paid tribute to the spirit of attentiveness and mutual understanding of the delegation. He requested updated information in Cameroon's next periodic report to the Committee on, among other things, the safeguarding of the rights of indigenous peoples, in particular on the Pygmies and nomadic minority; complaints, prosecutions and compensation granted for damages suffered as a result of racial discrimination, and training of law enforcement agents on human rights issues.

Cameroon is one of 150 States parties to the Convention, and as such is required to submit periodic reports to the Committee. Formal, written conclusions on the situation in the country will be issued at the end of the Committee's three week session on Friday 20 March.

In the latter part of this morning's meeting, the 18-member panel of experts continued examination of a report of Cambodia. Responding to questions raised yesterday and this morning by the Committee, Suon Saline, Adviser to the Prime Minister, said, among other things, that residence permits were granted to foreigners residing in the country; and that persons of Chinese origin having resided in the country for many generations were granted citizenship and were not victim of racial discrimination.

In concluding remarks, Mario Jorge Yutzis, Committee member from Argentina, expressed the hope that upcoming elections would contribute to stabilizing the political situation in the country, and put an end to the civil strife. The situation in Cambodia should be kept under review, he added, as one could witness a potentially explosive situation that was of direct concern to the Committee. The group had a professional obligation to advise the Government of Cambodia with a view to resolving the very serious situation in that country.

The following experts participated in the proceedings: Theodoor Van Boven (Netherlands); Régis de Gouttes (France); Shanti Sadiq Ali (India); Agha Shahi (Pakistan); Luis Valencia Rodriguez (Ecuador), and Mario Jorge Yutzis (Argentina).

The Committee will reconvene at 3 p.m. this afternoon, to adopt concluding observations and recommendations on a report of the Russian Federation.

Discussion of Report of Cameroon

Responding to questions raised yesterday by members of the Committee, EBAN OTONG, Director of Political Affairs, Ministry of Territorial Administration, said the National Committee on Human Rights and Freedoms, set up in 1992, undertook education programmes to uphold and disseminate notions of human rights. The programmes set up were established after consultation with the people concerned and non-governmental organizations (NGOs). They aimed at awareness raising, and teaching of peoples on human rights issues. Moreover, they were backed up by extensive field investigations.

The delegate said the National Committee was competent to receive complaints of violations of human rights. Following such complaints it carried out investigations and drew up reports. It had on a number of occasions visited prisons and police stations. Moreover, it maintained close links with NGOs and international organizations, assisting them in their work. All these activities were underpinned by a media campaign to disseminate human rights and highlight the effectiveness of measures taken. Training of law enforcement officials was undertaken by the National Committee but also by public offices in cooperation with international organizations.

The Decree of National Liberty abolished censorship while upholding good morals and public order, Mr. Eban Otong continued. Arrests and suspensions, referred to by experts yesterday, were not arbitrary but a healthy application of the law to remedy violations of the law. Persons arrested in the northern part of the country had participated in banditry and were duly handed over to judicial bodies. There was no room for discrimination because of the existence of an independent and effective judiciary. In exercising one's own freedom one should not infringe on the freedom of others.

Mr. Eban Otong said Cameroon had undertaken a major reform to improve the situation of prisons throughout the country. The problems of supply of food stuffs of certain prisons were not part of a deliberate policy of the Government but rather the result of conditions in the country.

Concerning the ethnic representation in public bodies, the delegation indicated that a close look at the distribution of posts in the Ministries and State bodies would reveal that only one Ministry was held by the ethnic group of the President. The Head of the Police, the Minister of Defence and many others were of different ethnic groups. States and their leaders should be respected in the international arena; one should not believe all statements made by humanitarian organizations, which often did not thoroughly investigate situations in the field.

On the situation of Rwandan citizens suspected of having participated in the massacres of 1994, the delegation said the President did not believe it just to extradite those persons to their country of origin because the death penalty was still practised there. Such persons, however, were handed over to the International Criminal Tribunal in Arusha.

JOSEPH YOUMSI, Director of Legislation, Ministry of Justice, welcomed the dialogue and comments of Committee experts, which demonstrated the interest given to the situation of Cameroon. The Committee had convinced the delegation to review the Penal Code, so as to integrate specific acts of racial discrimination and establish sanctions. The precariousness of certain ethnic groups was of concern to the State; all possible efforts were being made to improve the situation of certain groups and integrate them into society while taking into account their wishes and way of life.

Mr. Youmsi said the Government had developed a policy to reduce the differences that existed between the regions of the country and develop a common Cameroonian identity. Cameroon was a developing country and as such suffered from budgetary constraints. It was doing the maximum within its limited capacity to fully respect its obligations under the Convention.

REGIS DE GOUTTES, Committee member from France, serving as rapporteur on the report of Cameroon, said the oral presentation, of a very high quality, helped the Committee better understand the situation present in the country. He paid tribute to the spirit of attentiveness and mutual understanding of the delegation of Cameroon.

On the situation of ethnic groups in the country, Mr. de Gouttes said the next report should give updated information on the safeguarding of the rights of indigenous peoples, in particular on the Pygmies and nomadic minority as well as on the situation of the 4 million foreigners. Cameroon should review its Penal Code to ensure that it covered all points set out in article 4 of the Convention concerning the prohibition of all propaganda and all organizations promoting racial hatred. He further welcomed the statement of the head of the delegation on this subject.
Mr. de Gouttes also asked for statistics and data on complaints, prosecutions and compensation granted for damages suffered as a result of racial discrimination. More information should be provided on education of human rights for law enforcement agents by the National Committee on human rights and freedoms as well as on the work carried out by anti-racism organizations in the country. Did the Government intend to recognize the competence of the Committee to receive and consider communications from individuals or groups of individuals within its jurisdiction claiming to be victims of violations of rights set forth in the Convention? he asked.

Discussion of Report of Cambodia

Continuing yesterday's discussion on the report of Cambodia, a Committee expert said no Khmer Rouge leaders had apologized or been arrested for the massacres and violent activities they had carried out. Without accountability, the climate of impunity would continue. Statements to the effect that all national minorities lived in harmony within the national community and that, in practice, no racial discrimination had ever manifested itself, were unacceptable.

The Government should consider the eligibility of Vietnamese and Chinese people having resided in the country for generations for full citizenship, one expert said. The culture and way of life of the highland people were at risk and should be protected by the relevant authorities.

Responding to questions raised by the panel of experts, SUON SALINE, Adviser to the Prime Minister, said the Government granted foreigners residence permits, the duration of which depended on the work they carried out in the country. Cambodia followed the principle of jus solis, granting citizenship to persons born in the country. Chinese having resided in the country for many generations were therefore granted citizenship and were not victims of racial discrimination, he said.

The delegate said no law on immigration was being prepared by the Royal Government, but that the comments made by the rapporteur would be conveyed to the Government. None the less, a Constitutional Council was being established. A Penal Code now under preparation would answer the many questions raised by members of the Committee.

In concluding remarks, MARIO JORGE YUTZIS, Committee member from Argentina, said the report of Cambodia showed the wish of the Government to establish a dialogue with the Committee.
Mr. Yutzis said it was important for Cambodia to achieve political stability. He hoped that the elections set to take place soon would contribute to achieving that stability and put an end to the political struggle and civil strife.

In addition, Mr. Yutzis said, Cambodian legislation should no longer be transitional. Rights and freedoms in the Constitution were only granted to Khmer citizens and not to persons of other nationality, a problem that should be addressed when adopting new legislation. The law on nationality should also be amended to facilitate the acquisition of citizenship by persons not born of a Cambodian father and mother. Moreover, the Government should address the question of statelessness, asylum and refugees.

Mr. Yutzis said more information should be provided on national minorities, who should be granted legal status and access to forums to defend their rights. The situation in Cambodia should be kept under review, as one could witness a potentially explosive situation that was of direct concern to the Committee. The Committee had a professional obligation to give advice to Cambodia with a view to resolving the very serious situation there.