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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES FIFTY-FIFTH SESSION
27 August 1999
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HR/CERD/99/69
27 August 1999
The Committee on the Elimination of Racial Discrimination this morning concluded a fifty-fifth session during which it examined reports of Haiti, Romania, Iran, Mauritania, Iraq, Chile, Latvia, Uruguay, Kyrgyzstan, Colombia, Azerbaijan, Dominican Republic and Guinea on Government efforts to implement the International Convention on the Elimination of All Forms of Racial Discrimination.
The Committee, the first such body created by the United Nations to review actions by States in fulfilling their obligations under a specific human-rights agreement, also held question-and-answer sessions with Government delegations from those countries, which are among 155 States parties to the Convention. Under the terms of the Convention, States parties are required to submit periodic reports to the Committee. The Committee consists of 18 Experts.
During its four-week summer session, the Committee also examined situation in Australia under its early warning and urgent action mechanisms.
And it examined situations in Antigua and Barbuda, the Central African Republic, Mozambique and the Maldives under its review procedure for States parties whose reports were seriously overdue.
The Committee also adopted decisions on situations in the Federal Republic of Yugoslavia (Kosovo) and Africa, expressing concern over recent killings, abductions, destruction of property and religious buildings and acts of revenge against Serbian inhabitants of Kosovo and saying that it was extremely concerned over growing ethnic conflicts and the inadequacy of attempts to prevent and mitigate them in the Great Lakes region and certain other parts of Africa.
Further, in a decision on the situation in the Democratic Republic of the Congo, the Committee said it continued to be deeply concerned at a persisting grave situation in that country and at violations of the Convention in there.
Also during the Committee's meetings, High Commissioner for Human Rights Mary Robinson announced that the Government of South Africa had offered to host the forthcoming World Conference against Racism, Racial Discrimination, Xenophobia and All Forms of Discrimination.
In closed meetings, the Committee dealt with communications received from individuals or groups of individuals who claimed that their rights under the Convention had been violated by a State party and who had exhausted all available domestic remedies. So far, 28 States parties have recognized the competence of the Committee to consider such communications under article 14 of the International Convention.
During its fifty-sixth session, scheduled for 6-24 March 2000, the Committee is expected to examine situations in Lesotho, Spain, Zimbabwe, Ghana, Denmark, Malta, Bahrain, Nepal, Tonga, Estonia, Rwanda, France and Australia. The Committee will also examine reports of Bangladesh, Slovenia, Viet Nam, Greece, Qatar, Yemen, Ecuador, Egypt, Tunisia, Moldova, Uganda, Mali, Barbados, Sudan, Slovakia, Holy See, and Bosnia & Herzegovina. under its review procedure.
The Committee also decided to hold its fifty-eighth meeting, in 2001, in New York, citing concerns that smaller countries filing reports under the Convention often found it difficult to send delegations to Geneva.
General Recommendation
The Committee adopted a General Recommendation aimed at assisting States parties discharging their reporting obligations concerning article 1, paragraph 1 of the Convention. It stressed that, according to the definition given in article 1, paragraph 1, of the Convention, the Convention referred to all persons who belong to different races, national or ethnic minorities or ethnic groups. The Committee found it essential that States parties to the Convention should as far as possible provide the Committee with information on the presence within their territories of ethnic groups or minorities, so as to ensure proper consideration of the periodic reports of States parties.
Concluding observations on country reports
Among positive aspects of the report of Haiti, the Committee expressed its satisfaction at the information provided by the Government that international instruments, including the Convention, had become an integral part of its domestic legislation and were binding on the judicial and other authorities of the State. It noted with appreciation the State party's implementation of an international programme in the field of human rights in cooperation with the Office of the United Nations High Commissioner for Human Rights.
The Committee expressed concern about reports of human-rights violations committed by members of the Haitian National Police; and the Committee said too little was being done to end impunity for persons who perpetrated acts of violence related to racial discrimination. Further
concern was expressed at a lack of domestic legislation to prevent acts of racial discrimination by individuals. The Committee recommended, among other things, that Haiti enact legislation for the prevention of racial discrimination in the private sector; that it consider the establishment of a national institution to facilitate the implementation of the Convention; and that it consider providing education and training on racial tolerance and human-rights issues to law-enforcement officials.
On the report of Iran, the Committee cited as a positive development the establishment of national institutions to promote, review and monitor human rights enshrined in international instruments and the Constitution; it referred in particular to the Islamic Human Rights Commission and the Board for Follow-up and Monitoring of the Implementation of the Constitution.
The Committee expressed concern that some provinces largely inhabited by persons belonging to minorities, such as Sistan/Baluchistan and other border areas, were still economically disadvantaged. It noted that several of the civil and political rights listed in article 5(d) of the Convention, such as the freedom of thought, conscience and religion and the freedom of opinion and expression, were enjoyed subject to certain restrictions which might result in discrimination against racial or ethnic groups. The Committee said it needed more information in order to assess whether those restrictions were in conformity with the Convention.
The Committee suggested, among other things, that the Government of Iran continue to promote economic, social and cultural development in areas inhabited by disadvantaged ethnic and tribal minorities and groups, and that it encourage the participation of those minorities in such development. It recommended that Iran ensure that seminars, training courses and workshops on human rights included training on the Convention and gave due attention to the concluding observations of the Committee and relevant national legislation, in particular relating to the availability of domestic remedies.
On the report of Romania, the Committee welcomed the efforts of the Government to put into practice human-rights-education programmes, some of which were intended for law-enforcement officials. It also noted efforts to make the police more efficient and respectful of the rights of individuals in general and of minorities in particular.
The Committee expressed concern about the absence in Romanian legislation of provisions making punishable acts of racial discrimination by individuals. The fact that domestic legislation contained no clear prohibition of organizations which promoted or incited racial discrimination within the meaning of article 4 (b) of the Convention was also unsatisfactory to the Committee. The Committee said a continuing subject of concern was the existence of xenophobic attitudes and prejudices against certain minorities within Romanian society which had manifested themselves on numerous occasions in various mass media.
Among its recommendations, the Committee suggested that Romania should take measure to prevent and punish racist practices in the mass media. It recommended that measures on affirmative action should be adopted in favour of the Roma population, especially in the areas of education and vocational training, with a view to placing Roma on an equal footing with the rest of the population in the enjoyment of economic, social and cultural rights, removing prejudices against the Roma population and enhancing the Roma population's capacity to assert its rights.
Concerning the report of Iraq, the Committee recognized the difficult economic and social situation prevailing in the country as a result of the war with the Islamic Republic of Iran, the Gulf War and the economic sanctions imposed at the end of the Gulf War, which the Committee said had caused continuing human-rights suffering as well as destruction of part of the country's basic infrastructure. It also took note of a recent report of the United Nations Children's Fund (UNICEF) which described the tragic situation of children, including the loss of many lives, as a result of the international economic sanctions. And it joined appeals to the international community, the United Nations and in particular the Security Council for the lifting of those embargo provisions affecting the humanitarian situation in Iraq.
Among positive aspects to the report of Iraq, the Committee noted with interest that Iraq remained committed to a declaration of 1970 which recognized the ethnic, cultural and administrative rights of Kurdish citizens in the areas in which they constituted a majority, as well as to the Iraq Kurdistan Autonomy Act. It welcomed measures taken by the Government of Iraq to clarify the situation of persons, including foreigners, who had disappeared during the Gulf War. Concern was expressed as to whether, in the conditions prevailing in the northern governorate, members of minorities were able to enjoy the rights accorded to them by legislation on autonomy and on cultural and linguistic rights.
The Committee recommended, among other things, that Iraq make all efforts to abide by its obligations under the Convention and other international human-rights treaties to respect and ensure the rights of all individuals within its territory; that a climate of peace and understanding be established among the different Kurdish factions and between Kurds and other persons living in the northern region; and that allegations concerning discrimination against members of ethnic minorities in the Kirkuk and Khanaquin areas be examined and the findings reported to the Committee.
On the report of Chile, the Committee appreciated and commended the Government of Chile for openly recognizing the existence of racial discrimination on its territory and its historical links with conquest and colonialism. It welcomed the initiatives taken by the State party to ensure the rights of its indigenous population. The Committee requested the Government of Chile to consider an apology and compensation to indigenous peoples who had suffered racial discrimination.
Concern was expressed about research showing that a considerable part of the Chilean population demonstrated intolerant and racist tendencies. The Committee also expressed concern at the absence of specific legislation to enforce some provisions of the Convention. It took note that the 1993 Indigenous Act contained a specific article declaring intentional discrimination against indigenous persons an offence punishable by law.
Among its suggestions and recommendations, the Committee commended Chile for having recognized its part in the discrimination experienced by the indigenous population and requested the State party to consider a formal apology, as well as ways to ensure compensation to all concerned, which would significantly contribute in the reconciliation process in society as a whole. In addition, the Committee recommended that the Chilean Constitution be amended to incorporate a prohibition of racial discrimination; that measures be taken to bring its legislation into full conformity with article 4 of the Convention; and that Chile use all effective means to raise the awareness of its people about the rights of indigenous peoples and national or ethnic minorities.
Concerning the report of Uruguay, the Committee welcomed the Constitutional status granted to protection of human rights and the recognition of the principle of equality of individuals designed to preclude any form of discrimination, including racial discrimination. It also welcomed the inclusion of information on the demographic composition of Uruguay, in line with the Committee's previous recommendation.
The Committee expressed concern about the situation of women belonging to the Afro-Uruguayan community, who its said were victims of double discrimination on grounds of both gender and race. It further expressed concern about the absence of sufficient information on the teaching of human rights, in particular on the combatting of racial discrimination, in the schools.
Among other things, the Committee recommended that Uruguay include in its next report information on the political, economic and social situations of ethnic groups living in the country. It recommended that Uruguay establish special programmes aimed at facilitating the social advancement of the Afro-Uruguayan community.
Concerning the report of Colombia, the Committee welcomed in particular the candour with which Colombia's report recognized that Afro-Colombian and indigenous communities continued to be the victims of systemic racial discrimination, which had resulted in their marginalization, poverty and vulnerability to violence. It noted with satisfaction that the 1991 Colombian Constitution included important non-discrimination provisions addressing the rights of minorities.
Concern was expressed, among other things, at reports indicating violence in Colombia had been concentrated in areas where indigenous and Afro-Colombian communities lived; that increasingly those communities had been targeted by armed groups; and that the Government's tactics in fighting the drug trade had led to a further militarization of those regions, creating an atmosphere that was conducive to human-rights violations and the destruction of the cultural autonomy and identities of persons living in those areas. Further concern was expressed at the widespread violence which plagued Colombia had led to one of the world's largest populations of internally displaced persons, and that the Afro-Colombian and indigenous communities had been particularly affected. The Committee was further concerned by the killings of Afro-Colombian and indigenous leaders.
Among its recommendations, the Committee urged the Government to take steps to address de facto racial segregation in urban slum areas, where many Afro-Colombians lived in extreme poverty. It recommended that Colombia implement affirmative-action measures to ensure increased employment opportunities for minority and indigenous communities in both the public and private sectors and to advance the social, political, economic, and educational status of historically marginalized communities. The Committee urged the Government of Colombia to take comprehensive steps to protect the security and promote the well-being of Colombia's large internally displaced population, consisting mainly of persons from indigenous and Afro-Colombian communities.
With regard to the report of Mauritania, the Committee welcomed the action and programmes undertaken by Mauritania to protect the most vulnerable ethnic groups in society and noted the establishment of a Commissioner for human rights, poverty alleviation and social integration, among other things.
The Committee said that the information given by the State party was insufficient to verify whether existing legislation was adequate to incriminate acts of racial discrimination, including the dissemination of ideas based on racial superiority or hatred. While the Committee noted with satisfaction that Mauritanian legislation had abolished slavery and servitude, it also noted that, in some parts of the country, vestiges of the practice of slavery and involuntary servitude could still persist, despite the Government's efforts to eradicate such practices. The Committee recommended, among other things, that Mauritania supply more detailed information concerning the ethnic composition of the population and socio-economic indicators relating to the implementation of the provisions of the Convention.
Concerning the report of Kyrgyzstan, the Committee noted that the Constitution of the country prohibited any kind of discrimination on grounds of origin, sex, race, nationality, language, faith, political or religious or any other personal or social trait or circumstances, and that the prohibition against racial discrimination was also included in other legislation, such as the civil, penal and labour codes.
Among its principal concerns, the Committee said it was preoccupied about racial discrimination against inhabitants who were not ethnic Kyrgyz in the fields of employment and housing, in particular against the Russian-speaking minority. The Committee suggested, among other things, that the Government take steps to ensure that national legislation was in full conformity with article 4(b) of the Convention; and that it send further information regarding the practical enjoyment by ethnic and national minorities of the rights listed in article 5(e) of the Convention, in particular the rights to work, including the right to equal opportunities of promotion and career development, and the rights to health, education and to housing.
In the report of Latvia, the Committee found as positive Latvia's achievement of a substantial level of social stability and important progress in the area of legislative reform, despite the difficulties inherent in the transitional period following the collapse of the Soviet Union. The Committee noted that a number of restrictions that had been applied to non-citizens had been lifted, including on the right to own land based on property, access to employment in various fields and the right to social benefits.
The Committee, however, expressed concern about the absence of legal provisions 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 the resident population remained slow. Concern was also expressed about reports that there were still unjustified differences in treatment between citizens and non-citizens, mostly members of minorities, in the enjoyment of the rights provided for in article 5(e) of the Convention.
The Committee recommended, among other things, that Latvia review the differences of treatment between citizens and non-citizens, mostly members of minorities, in light of the provisions of article 5(e); and urged the State party to maintain the possibility for inhabitants to be educated in minority languages.
Concerning the report of Azerbaijan, the Committee noted that some 20 per cent of Azerbaijan's territory was now under foreign occupation and that some 600,000 Azerbaijanis were displaced persons and that most ethic
Armenians had left the country.
That situation was recognized by the Committee to be among the factors and difficulties impeding the full implementation of the Convention in Azerbaijan. The Committee said it shared the concern of Azerbaijan about the situation of displaced persons and refugees which had resulted from the conflict and occupation of part of Azerbaijan's territory.
The Committee noted with concern allegations made by the reporting State that another State party was not giving effect to the provisions of the Convention. It drew the attention of Azerbaijan to the procedure established in article 11 of the Convention, which stipulated that if a State party considered that another State party was not giving effect to the provisions of the Convention, it might bring the matter to the attention of the Committee.
Among its suggestions, the Committee requested the State party to include in its next report appropriate extracts from its Law on Citizenship so that the Committee could consider if it was in conformity with the Convention. It also recommended that Azerbaijan consider establishing a national human-rights institution to facilitate implementation of the Convention. The Committee encouraged the State party to continue cooperating with the Office of the United Nations High Commissioner for Human Rights in an effort to eliminate racial discrimination.
On the report of the Dominican Republic, the Committee took note with interest of the recent acceptance by the Dominican Republic of the jurisdiction of the Inter-American Court of Human Rights, as well as the decision of the Dominican Supreme Court that regulated the procedure for the right of protection in cases of violation of fundamental rights by public authorities.
Among its concerns, the Committee said it was worried by statements in the report that no racial prejudice existed in the Dominican Republic and that the State party never had perceived any need to condemn racial discrimination within the meaning of article 2 of the Convention. The Committee said no country could claim the total absence of racial discrimination on its territory. Concern was particularly expressed about the situation of the large number of Haitians living in the country, the majority of them illegally, in view of information received indicating that they were subject to various forms of racial discrimination. The Committee also was concerned at reports that racial prejudices existed not only against Haitians but against the darker-skinned Dominicans.
The Committee recommended, among other things, that the State party take urgent measures to ensure the enjoyment by all persons of their economic, social and cultural rights without discrimination. Efforts should be made, in particular, to improve their living conditions in the "bateyes" (shanty towns where Haitians lived). The Committee recommended that the Dominican Republic facilitate access to the courts and other competent institutions for victims of racial discrimination and ensure that the perpetrators of racist acts were brought to trial and the victims provided adequate reparation or satisfaction.
The Committee welcomed the willingness and acceptance of Guinea to receive over 1 million refugees and asylum seekers from neigbouring countries.
Among other things, while noting that the State party's Constitution established the principle of equality and that domestic legislation established that all acts of racial discrimination were punishable by law, the Committee expressed concern at a lack of information in the Guinean report on the implementation of articles 2 and 4 of the Convention. The Committee also cited concern over the destruction by the Government of more than 10,000 homes in the Conakry Ratoma neighbourhood, belonging mainly to members of the Puhlar ethnic group, which had resulted in the deaths of eight persons; and expressed concern over inter-ethnic tension which remained in the area. The Committee was also concerned about a lack of compensation for those persons whose properties were expropriated.
In its recommendations, the Committee encouraged the State party to ensure that any measures taken in that connection with the Conarky Ratoma neighbourhood would not lead to racial discrimination. It invited that Government of Guinea to include in its next report further information on the situation in Conakry Ratoma and the measures taken to address inter-ethnic tension in that area and to accommodate and compensate those persons whose properties were expropriated; and to include measures undertaken for improving public awareness of the principles and provisions of the Convention.
Consideration of situations in countries with reports long overdue
Concerning the situation of Central African Republic, which was considered under the Committee's review procedure in the absence of a report since 1986, the Committee regretted that Central African Republic had not responded to its invitation to participate in the meeting and to furnish relevant information. The Committee decided that a communication should be sent to the Government of the Central African Republic setting out its reporting obligations under the Convention and urging that dialogue with the Committee should resume as soon as possible. The Committee suggested that the Government avail itself of the technical assistance offered under the advisory services and technical assistance programme of the Office of the High Commissioner for Human Rights, with the aim of drawing up and submitting as soon as possible a report drafted in accordance with the Committee’s guidelines.
Regrading the situation in Mozambique, the Committee noted with regret that no report had been submitted to from Mozambique since 1984. It further regretted that Mozambique had not responded to its invitation to participate in the meeting and to furnish relevant information. The Committee decided that a communication should be sent to the Government of the Mozambique setting out its reporting obligations under the Convention and urging that a dialogue with the Committee should resume as soon as possible. The Committee suggested that the Government avail itself of the technical assistance offered under the advisory services and technical assistance programme of the Office of the High Commissioner for Human Rights, with the aim of drawing up and submitting as soon as possible a report drafted in accordance with the Committee’s guidelines.
On the situation in Antigua and Barbuda, the Committee noted with regret that no report had been submitted to it since the State party's ratification of the Convention in 1988. It also regretted that Antigua and Barbuda had not responded to its invitation to participate in the meeting and to furnish relevant information. The Committee decided that a communication should be sent to the Government of the Antigua and Barbuda setting out its reporting obligations under the Convention and urging that a dialogue with the Committee should resume as soon as possible. The Committee suggested that the Government avail itself of the technical assistance offered under the advisory services and technical assistance programme of the Office of the High Commissioner for Human Rights, with the aim of drawing up and submitting as soon as possible a report drafted in accordance with the Committee’s guidelines.
And on the situation of the report of the Maldives, the Committee regretted that no report had been submitted to the Committee from the Maldives since 1992. It also regretted that the Maldives had not responded to the Committee's invitation to participate in the meeting and to furnish relevant information. The Committee decided that a communication should be sent to the Government of Maldives setting out its reporting obligations under the Convention and urging that a dialogue with the Committee should be resumed as soon as possible.
The Committee said it appreciated the efforts of the Government in the field of education, which had resulted in a literacy rate of 93.2 per cent, making the Maldives one of the first countries in Asia in that respect. Referring to previous reports submitted by the State party in which it was asserted that "no form of racial discrimination exists in the Maldives based on race, therefore, no specific legislation was required to implement the provisions of the Convention", the Committee requested further information on the issue. It also requested information on the situation of migrant workers and foreigners in the Maldives, and asked if they enjoyed the protection of the Convention.
The Committee suggested that the Government of the Maldives avail itself of technical assistance offered under the advisory services and technical assistance programme of the Office of the United Nations High Commissioner for Human Rights, so that the country could draw up and submit a comprehensive periodic report, in accordance with Committee guidelines, without delay.
Action under early warning and urgent procedures
The Committee has instituted an "early warning measures and urgent action procedures" mechanism that permits it to take measures aimed at preventing existing problems from escalating into conflicts. It can also decide to initiate urgent procedures aimed at responding to problems requiring immediate attention to prevent or limit the scale or number of serious violations of the Convention.
In a decision on the situation in Australia, the Committee reaffirmed decisions it had taken in relation to Australia in March 1999. In adopting those decisions, the Committee said it was prompted by its serious concern that after having observed and welcomed over a period of time a progressive implementation of the Convention in relation to the land rights of indigenous peoples in Australia, envisaged changes of policy as to the exercise of those rights risked creating an acute impairment of the rights thus recognized to the Australian indigenous communities. The decision said the Committee had considered in detail the information submitted and the arguments put forward by the Government of Australia.
In the decisions of March, which the present text reaffirmed, the Committee expressed concern over the compatibility of the Native Title Act, as currently amended, with Australia's international obligations under the Convention. While the original Native Title Act recognized and sought to protect indigenous title, provisions that extinguished or impaired the exercise of indigenous title rights and interests pervaded the amended Act, the Committee said. The lack of effective participation by indigenous communities in the formulation of the amendments also raised concerns with respect to Australia's compliance with its obligations under article 5 of the Convention, the Committee said.
The Committee took note of comments received from the State party and said they would be included in the Committee's annual report for 1999 to the General Assembly. It decided to continue consideration of the matter, together with the tenth, eleventh and twelfth periodic reports of Australia, during its fifty-sixth session in March 2000.
Action on Other Issues
On the situation in the Federal Republic of Yugoslavia (Kosovo), the Committee said that in the light of recent events in Kosovo, it had reviewed earlier decisions relating to the region, as well as the findings of a mission of three Committee Experts to Kosovo in 1993 to help promote a dialogue between Kosovo Albanians and the Government of Yugoslavia.
Recalling principles set forth in its previous decisions, the Committee said particularly that any attempt to change or to uphold a changed demographic composition of an area against the will of the original inhabitants, by whatsoever means, was a violation of international law. In addition, the Committee stressed that all those who committed violations of international humanitarian law or war crimes should be held responsible for such acts.
The Committee said it was painfully aware that Kosovo Albanians had been the victims of gross violations of their human rights and of crimes against humanity. It equally expressed concern over recent killings, abductions, destruction of property and religious buildings and acts of revenge against Serbian inhabitants of Kosovo. It also said that in recent weeks, Serbian inhabitants of Kosovo had been driven from their homes and murdered, and that Roma inhabitants also had been the targets of violence.
In a decision on Africa, the Committee said it was extremely concerned over growing ethnic conflicts and the inadequacy of attempts to prevent and mitigate them in the Great Lakes region and certain other parts of Africa.
It expressed alarm at growing mass and flagrant violations of human rights of the peoples and ethnic communities in Central Africa -- in particular, massacres and even genocide perpetrated against ethnic communities, and resulting in the massive displacement of people, millions of refugees, and ever-deepening ethnic conflicts.
Further, the Committee urged the United Nations and the international community to take urgent action and effective measures under the Charter of the United Nations to put an end to conflicts in Central Africa, to stop massacres and the genocide, and to facilitate the safe return of refugees and displaced persons to their homes.
In the decision, the Committee reaffirmed its opposition to all forms of racial discrimination and ethnic cleansing, irrespective of which groups were the perpetrators and which were the victims; and further affirmed its support for multi-ethnic societies.
Concerning the Democratic Republic of the Congo, the Committee said it continued to be deeply concerned at the persisting grave situation in the Democratic Republic of the Congo and at violations of the Convention in the country.
The Committee reiterated decisions it adopted previously on the matter, especially decision 4(54), in which it expressed deep concern about the persistence, in flagrant violation of the Convention, of ethnic conflicts which were in general inspired by a policy of ethnic cleansing and might constitute acts of genocide.
The Committee urgently requested all parties to the continuing conflict in the Democratic Republic of the Congo to cooperate fully with all the efforts made in the international sphere, including actions undertaken by the Organization of African Unity, the South African Development Community and the Office of the United Nations High Commissioner for Human Rights. The Committee particularly requested all parties and especially the Government of the Democratic Republic of the Congo to comply with Resolution 1234(1999) of the Security Council, Resolution 1999/56 of the Commission on Human Rights, and the decisions of the Committee.
In a decision on the upcoming World Conference Against Racism and Racial Discrimination, the Committee, among other things, decided to propose to the preparatory committee for the World Conference that it include in the agenda of the World Conference consideration of the problem of how the international community might prevent or mitigate mass and flagrant violations of the human rights of persons belonging to ethnic and racial groups and minorities, bearing in mind that in recent years the failure of the international community to urgently and adequately respond to numerous conflicts around the world had resulted in genocide, ethnic cleansing, the mass movement of refugees and displaced persons, and the disruption of regional peace and security by armed groups able to commit atrocities with impunity.
Submission of reports
Under article 9 of the Convention, States undertake to report to the Committee on legal, judicial and other measures they have adopted to ensure effective protection against racial discrimination within their jurisdiction. States parties to the Convention agree to condemn and seek to eliminate racial discrimination in their territories; to review their policies in order to amend or nullify any regulations which create or perpetuate such discrimination, based on racial superiority or hatred; and to prohibit organizations and activities which promote or incite racial discrimination. They also agree to provide remedies for victims of racial discrimination and to adopt measures to combat prejudice and promote understanding among different national, racial and ethnic groups.
In addition, States parties undertake to guarantee the right of everyone to equality before the law without distinction to race, colour, or national and ethnic origin.
In the past, the Committee has called upon the Secretary-General to bring to the attention of States parties, at their annual meeting, the unfortunate consequences of delays in the submission of reports and to encourage them to consider ways and means by which all parties might be brought to fulfil their reporting obligations. The Committee has also instituted a procedure to review the implementation of the Convention in those States parties responsible for the longest delays in submitting periodic reports. In a letter addressed to the Governments of those States, the Committee said that delays in the submission of reports hampered its efforts to monitor the implementation of the Convention.
Communications under article 14
Under article 14 of the Convention, the Committee considers communications from individuals or groups of individuals claiming to be victims of a violation by States parties of any of the rights set forth in the Convention, provided the States concerned have recognized the competence of the Committee in this regard. The following 28 States parties have already done so: Algeria, Australia, Bulgaria, Chile, Costa Rica, Cyprus, Denmark, Ecuador, Finland, France, Hungary, Iceland, Italy, Luxembourg, Malta, Netherlands, Norway, Peru, Poland, Republic of Korea, Russian Federation, Senegal, Slovakia, South Africa, Spain, Sweden, Ukraine and Uruguay.
States parties to convention
At present, the following 155 States are parties to the Convention: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Czech Republic, Cyprus, Democratic Republic of the Congo, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Georgia, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Holy See, Hungary, Iceland, India, Indonesia, Iran, Iraq, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Kyrgystan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Lithuania.
Also, Luxembourg, Madagascar, Malawi, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Moldova, Monaco, Mongolia, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Pakistan, Panama, Papua New Guinea, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Rwanda, St. Lucia, St. Vincent and the Grenadines, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syria, The Former Yugoslav Republic of Macedonia, Tajikistan, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Yugoslavia (Serbia and Montenegro), Zambia and Zimbabwe.
Committee Membership and Officers
The members of the Committee, elected in their individual capacity, are: Mahmoud Aboul-Nasr (Egypt); Michael Parker Banton (United Kingdom); Theodoor van Boven (Netherlands); Ion Diaconu (Romania); Eduardo Ferrero Costa (Peru); Ivan Garvalov (Bulgaria); Régis de Gouttes (France); Carlos Lechuga Hevia (Cuba); Yuri A. Rechetov (Russian Federation); Shanti Sadiq Ali (India); Agha Shahi (Pakistan); Michael E. Sherifis (Cyprus); Zou Deci (China); Luis Valencia Rodriguez (Ecuador); Rüdiger Wolfrum (Germany); Mario Jorge Yutzis (Argentina); Peter Nobel (Sweden); and Gay McDougall (United States).
Mr. Aboul-Nasr is Chairperson. Mr. Yutzis, Mr. Diaconu and
Mr. Sherifis are Vice-Chairpersons. In addition, Mr. Banton is Rapporteur.
HR/CERD/99/69
27 August 1999
The Committee on the Elimination of Racial Discrimination this morning concluded a fifty-fifth session during which it examined reports of Haiti, Romania, Iran, Mauritania, Iraq, Chile, Latvia, Uruguay, Kyrgyzstan, Colombia, Azerbaijan, Dominican Republic and Guinea on Government efforts to implement the International Convention on the Elimination of All Forms of Racial Discrimination.
The Committee, the first such body created by the United Nations to review actions by States in fulfilling their obligations under a specific human-rights agreement, also held question-and-answer sessions with Government delegations from those countries, which are among 155 States parties to the Convention. Under the terms of the Convention, States parties are required to submit periodic reports to the Committee. The Committee consists of 18 Experts.
During its four-week summer session, the Committee also examined situation in Australia under its early warning and urgent action mechanisms.
And it examined situations in Antigua and Barbuda, the Central African Republic, Mozambique and the Maldives under its review procedure for States parties whose reports were seriously overdue.
The Committee also adopted decisions on situations in the Federal Republic of Yugoslavia (Kosovo) and Africa, expressing concern over recent killings, abductions, destruction of property and religious buildings and acts of revenge against Serbian inhabitants of Kosovo and saying that it was extremely concerned over growing ethnic conflicts and the inadequacy of attempts to prevent and mitigate them in the Great Lakes region and certain other parts of Africa.
Further, in a decision on the situation in the Democratic Republic of the Congo, the Committee said it continued to be deeply concerned at a persisting grave situation in that country and at violations of the Convention in there.
Also during the Committee's meetings, High Commissioner for Human Rights Mary Robinson announced that the Government of South Africa had offered to host the forthcoming World Conference against Racism, Racial Discrimination, Xenophobia and All Forms of Discrimination.
In closed meetings, the Committee dealt with communications received from individuals or groups of individuals who claimed that their rights under the Convention had been violated by a State party and who had exhausted all available domestic remedies. So far, 28 States parties have recognized the competence of the Committee to consider such communications under article 14 of the International Convention.
During its fifty-sixth session, scheduled for 6-24 March 2000, the Committee is expected to examine situations in Lesotho, Spain, Zimbabwe, Ghana, Denmark, Malta, Bahrain, Nepal, Tonga, Estonia, Rwanda, France and Australia. The Committee will also examine reports of Bangladesh, Slovenia, Viet Nam, Greece, Qatar, Yemen, Ecuador, Egypt, Tunisia, Moldova, Uganda, Mali, Barbados, Sudan, Slovakia, Holy See, and Bosnia & Herzegovina. under its review procedure.
The Committee also decided to hold its fifty-eighth meeting, in 2001, in New York, citing concerns that smaller countries filing reports under the Convention often found it difficult to send delegations to Geneva.
General Recommendation
The Committee adopted a General Recommendation aimed at assisting States parties discharging their reporting obligations concerning article 1, paragraph 1 of the Convention. It stressed that, according to the definition given in article 1, paragraph 1, of the Convention, the Convention referred to all persons who belong to different races, national or ethnic minorities or ethnic groups. The Committee found it essential that States parties to the Convention should as far as possible provide the Committee with information on the presence within their territories of ethnic groups or minorities, so as to ensure proper consideration of the periodic reports of States parties.
Concluding observations on country reports
Among positive aspects of the report of Haiti, the Committee expressed its satisfaction at the information provided by the Government that international instruments, including the Convention, had become an integral part of its domestic legislation and were binding on the judicial and other authorities of the State. It noted with appreciation the State party's implementation of an international programme in the field of human rights in cooperation with the Office of the United Nations High Commissioner for Human Rights.
The Committee expressed concern about reports of human-rights violations committed by members of the Haitian National Police; and the Committee said too little was being done to end impunity for persons who perpetrated acts of violence related to racial discrimination. Further
concern was expressed at a lack of domestic legislation to prevent acts of racial discrimination by individuals. The Committee recommended, among other things, that Haiti enact legislation for the prevention of racial discrimination in the private sector; that it consider the establishment of a national institution to facilitate the implementation of the Convention; and that it consider providing education and training on racial tolerance and human-rights issues to law-enforcement officials.
On the report of Iran, the Committee cited as a positive development the establishment of national institutions to promote, review and monitor human rights enshrined in international instruments and the Constitution; it referred in particular to the Islamic Human Rights Commission and the Board for Follow-up and Monitoring of the Implementation of the Constitution.
The Committee expressed concern that some provinces largely inhabited by persons belonging to minorities, such as Sistan/Baluchistan and other border areas, were still economically disadvantaged. It noted that several of the civil and political rights listed in article 5(d) of the Convention, such as the freedom of thought, conscience and religion and the freedom of opinion and expression, were enjoyed subject to certain restrictions which might result in discrimination against racial or ethnic groups. The Committee said it needed more information in order to assess whether those restrictions were in conformity with the Convention.
The Committee suggested, among other things, that the Government of Iran continue to promote economic, social and cultural development in areas inhabited by disadvantaged ethnic and tribal minorities and groups, and that it encourage the participation of those minorities in such development. It recommended that Iran ensure that seminars, training courses and workshops on human rights included training on the Convention and gave due attention to the concluding observations of the Committee and relevant national legislation, in particular relating to the availability of domestic remedies.
On the report of Romania, the Committee welcomed the efforts of the Government to put into practice human-rights-education programmes, some of which were intended for law-enforcement officials. It also noted efforts to make the police more efficient and respectful of the rights of individuals in general and of minorities in particular.
The Committee expressed concern about the absence in Romanian legislation of provisions making punishable acts of racial discrimination by individuals. The fact that domestic legislation contained no clear prohibition of organizations which promoted or incited racial discrimination within the meaning of article 4 (b) of the Convention was also unsatisfactory to the Committee. The Committee said a continuing subject of concern was the existence of xenophobic attitudes and prejudices against certain minorities within Romanian society which had manifested themselves on numerous occasions in various mass media.
Among its recommendations, the Committee suggested that Romania should take measure to prevent and punish racist practices in the mass media. It recommended that measures on affirmative action should be adopted in favour of the Roma population, especially in the areas of education and vocational training, with a view to placing Roma on an equal footing with the rest of the population in the enjoyment of economic, social and cultural rights, removing prejudices against the Roma population and enhancing the Roma population's capacity to assert its rights.
Concerning the report of Iraq, the Committee recognized the difficult economic and social situation prevailing in the country as a result of the war with the Islamic Republic of Iran, the Gulf War and the economic sanctions imposed at the end of the Gulf War, which the Committee said had caused continuing human-rights suffering as well as destruction of part of the country's basic infrastructure. It also took note of a recent report of the United Nations Children's Fund (UNICEF) which described the tragic situation of children, including the loss of many lives, as a result of the international economic sanctions. And it joined appeals to the international community, the United Nations and in particular the Security Council for the lifting of those embargo provisions affecting the humanitarian situation in Iraq.
Among positive aspects to the report of Iraq, the Committee noted with interest that Iraq remained committed to a declaration of 1970 which recognized the ethnic, cultural and administrative rights of Kurdish citizens in the areas in which they constituted a majority, as well as to the Iraq Kurdistan Autonomy Act. It welcomed measures taken by the Government of Iraq to clarify the situation of persons, including foreigners, who had disappeared during the Gulf War. Concern was expressed as to whether, in the conditions prevailing in the northern governorate, members of minorities were able to enjoy the rights accorded to them by legislation on autonomy and on cultural and linguistic rights.
The Committee recommended, among other things, that Iraq make all efforts to abide by its obligations under the Convention and other international human-rights treaties to respect and ensure the rights of all individuals within its territory; that a climate of peace and understanding be established among the different Kurdish factions and between Kurds and other persons living in the northern region; and that allegations concerning discrimination against members of ethnic minorities in the Kirkuk and Khanaquin areas be examined and the findings reported to the Committee.
On the report of Chile, the Committee appreciated and commended the Government of Chile for openly recognizing the existence of racial discrimination on its territory and its historical links with conquest and colonialism. It welcomed the initiatives taken by the State party to ensure the rights of its indigenous population. The Committee requested the Government of Chile to consider an apology and compensation to indigenous peoples who had suffered racial discrimination.
Concern was expressed about research showing that a considerable part of the Chilean population demonstrated intolerant and racist tendencies. The Committee also expressed concern at the absence of specific legislation to enforce some provisions of the Convention. It took note that the 1993 Indigenous Act contained a specific article declaring intentional discrimination against indigenous persons an offence punishable by law.
Among its suggestions and recommendations, the Committee commended Chile for having recognized its part in the discrimination experienced by the indigenous population and requested the State party to consider a formal apology, as well as ways to ensure compensation to all concerned, which would significantly contribute in the reconciliation process in society as a whole. In addition, the Committee recommended that the Chilean Constitution be amended to incorporate a prohibition of racial discrimination; that measures be taken to bring its legislation into full conformity with article 4 of the Convention; and that Chile use all effective means to raise the awareness of its people about the rights of indigenous peoples and national or ethnic minorities.
Concerning the report of Uruguay, the Committee welcomed the Constitutional status granted to protection of human rights and the recognition of the principle of equality of individuals designed to preclude any form of discrimination, including racial discrimination. It also welcomed the inclusion of information on the demographic composition of Uruguay, in line with the Committee's previous recommendation.
The Committee expressed concern about the situation of women belonging to the Afro-Uruguayan community, who its said were victims of double discrimination on grounds of both gender and race. It further expressed concern about the absence of sufficient information on the teaching of human rights, in particular on the combatting of racial discrimination, in the schools.
Among other things, the Committee recommended that Uruguay include in its next report information on the political, economic and social situations of ethnic groups living in the country. It recommended that Uruguay establish special programmes aimed at facilitating the social advancement of the Afro-Uruguayan community.
Concerning the report of Colombia, the Committee welcomed in particular the candour with which Colombia's report recognized that Afro-Colombian and indigenous communities continued to be the victims of systemic racial discrimination, which had resulted in their marginalization, poverty and vulnerability to violence. It noted with satisfaction that the 1991 Colombian Constitution included important non-discrimination provisions addressing the rights of minorities.
Concern was expressed, among other things, at reports indicating violence in Colombia had been concentrated in areas where indigenous and Afro-Colombian communities lived; that increasingly those communities had been targeted by armed groups; and that the Government's tactics in fighting the drug trade had led to a further militarization of those regions, creating an atmosphere that was conducive to human-rights violations and the destruction of the cultural autonomy and identities of persons living in those areas. Further concern was expressed at the widespread violence which plagued Colombia had led to one of the world's largest populations of internally displaced persons, and that the Afro-Colombian and indigenous communities had been particularly affected. The Committee was further concerned by the killings of Afro-Colombian and indigenous leaders.
Among its recommendations, the Committee urged the Government to take steps to address de facto racial segregation in urban slum areas, where many Afro-Colombians lived in extreme poverty. It recommended that Colombia implement affirmative-action measures to ensure increased employment opportunities for minority and indigenous communities in both the public and private sectors and to advance the social, political, economic, and educational status of historically marginalized communities. The Committee urged the Government of Colombia to take comprehensive steps to protect the security and promote the well-being of Colombia's large internally displaced population, consisting mainly of persons from indigenous and Afro-Colombian communities.
With regard to the report of Mauritania, the Committee welcomed the action and programmes undertaken by Mauritania to protect the most vulnerable ethnic groups in society and noted the establishment of a Commissioner for human rights, poverty alleviation and social integration, among other things.
The Committee said that the information given by the State party was insufficient to verify whether existing legislation was adequate to incriminate acts of racial discrimination, including the dissemination of ideas based on racial superiority or hatred. While the Committee noted with satisfaction that Mauritanian legislation had abolished slavery and servitude, it also noted that, in some parts of the country, vestiges of the practice of slavery and involuntary servitude could still persist, despite the Government's efforts to eradicate such practices. The Committee recommended, among other things, that Mauritania supply more detailed information concerning the ethnic composition of the population and socio-economic indicators relating to the implementation of the provisions of the Convention.
Concerning the report of Kyrgyzstan, the Committee noted that the Constitution of the country prohibited any kind of discrimination on grounds of origin, sex, race, nationality, language, faith, political or religious or any other personal or social trait or circumstances, and that the prohibition against racial discrimination was also included in other legislation, such as the civil, penal and labour codes.
Among its principal concerns, the Committee said it was preoccupied about racial discrimination against inhabitants who were not ethnic Kyrgyz in the fields of employment and housing, in particular against the Russian-speaking minority. The Committee suggested, among other things, that the Government take steps to ensure that national legislation was in full conformity with article 4(b) of the Convention; and that it send further information regarding the practical enjoyment by ethnic and national minorities of the rights listed in article 5(e) of the Convention, in particular the rights to work, including the right to equal opportunities of promotion and career development, and the rights to health, education and to housing.
In the report of Latvia, the Committee found as positive Latvia's achievement of a substantial level of social stability and important progress in the area of legislative reform, despite the difficulties inherent in the transitional period following the collapse of the Soviet Union. The Committee noted that a number of restrictions that had been applied to non-citizens had been lifted, including on the right to own land based on property, access to employment in various fields and the right to social benefits.
The Committee, however, expressed concern about the absence of legal provisions 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 the resident population remained slow. Concern was also expressed about reports that there were still unjustified differences in treatment between citizens and non-citizens, mostly members of minorities, in the enjoyment of the rights provided for in article 5(e) of the Convention.
The Committee recommended, among other things, that Latvia review the differences of treatment between citizens and non-citizens, mostly members of minorities, in light of the provisions of article 5(e); and urged the State party to maintain the possibility for inhabitants to be educated in minority languages.
Concerning the report of Azerbaijan, the Committee noted that some 20 per cent of Azerbaijan's territory was now under foreign occupation and that some 600,000 Azerbaijanis were displaced persons and that most ethic
Armenians had left the country.
That situation was recognized by the Committee to be among the factors and difficulties impeding the full implementation of the Convention in Azerbaijan. The Committee said it shared the concern of Azerbaijan about the situation of displaced persons and refugees which had resulted from the conflict and occupation of part of Azerbaijan's territory.
The Committee noted with concern allegations made by the reporting State that another State party was not giving effect to the provisions of the Convention. It drew the attention of Azerbaijan to the procedure established in article 11 of the Convention, which stipulated that if a State party considered that another State party was not giving effect to the provisions of the Convention, it might bring the matter to the attention of the Committee.
Among its suggestions, the Committee requested the State party to include in its next report appropriate extracts from its Law on Citizenship so that the Committee could consider if it was in conformity with the Convention. It also recommended that Azerbaijan consider establishing a national human-rights institution to facilitate implementation of the Convention. The Committee encouraged the State party to continue cooperating with the Office of the United Nations High Commissioner for Human Rights in an effort to eliminate racial discrimination.
On the report of the Dominican Republic, the Committee took note with interest of the recent acceptance by the Dominican Republic of the jurisdiction of the Inter-American Court of Human Rights, as well as the decision of the Dominican Supreme Court that regulated the procedure for the right of protection in cases of violation of fundamental rights by public authorities.
Among its concerns, the Committee said it was worried by statements in the report that no racial prejudice existed in the Dominican Republic and that the State party never had perceived any need to condemn racial discrimination within the meaning of article 2 of the Convention. The Committee said no country could claim the total absence of racial discrimination on its territory. Concern was particularly expressed about the situation of the large number of Haitians living in the country, the majority of them illegally, in view of information received indicating that they were subject to various forms of racial discrimination. The Committee also was concerned at reports that racial prejudices existed not only against Haitians but against the darker-skinned Dominicans.
The Committee recommended, among other things, that the State party take urgent measures to ensure the enjoyment by all persons of their economic, social and cultural rights without discrimination. Efforts should be made, in particular, to improve their living conditions in the "bateyes" (shanty towns where Haitians lived). The Committee recommended that the Dominican Republic facilitate access to the courts and other competent institutions for victims of racial discrimination and ensure that the perpetrators of racist acts were brought to trial and the victims provided adequate reparation or satisfaction.
The Committee welcomed the willingness and acceptance of Guinea to receive over 1 million refugees and asylum seekers from neigbouring countries.
Among other things, while noting that the State party's Constitution established the principle of equality and that domestic legislation established that all acts of racial discrimination were punishable by law, the Committee expressed concern at a lack of information in the Guinean report on the implementation of articles 2 and 4 of the Convention. The Committee also cited concern over the destruction by the Government of more than 10,000 homes in the Conakry Ratoma neighbourhood, belonging mainly to members of the Puhlar ethnic group, which had resulted in the deaths of eight persons; and expressed concern over inter-ethnic tension which remained in the area. The Committee was also concerned about a lack of compensation for those persons whose properties were expropriated.
In its recommendations, the Committee encouraged the State party to ensure that any measures taken in that connection with the Conarky Ratoma neighbourhood would not lead to racial discrimination. It invited that Government of Guinea to include in its next report further information on the situation in Conakry Ratoma and the measures taken to address inter-ethnic tension in that area and to accommodate and compensate those persons whose properties were expropriated; and to include measures undertaken for improving public awareness of the principles and provisions of the Convention.
Consideration of situations in countries with reports long overdue
Concerning the situation of Central African Republic, which was considered under the Committee's review procedure in the absence of a report since 1986, the Committee regretted that Central African Republic had not responded to its invitation to participate in the meeting and to furnish relevant information. The Committee decided that a communication should be sent to the Government of the Central African Republic setting out its reporting obligations under the Convention and urging that dialogue with the Committee should resume as soon as possible. The Committee suggested that the Government avail itself of the technical assistance offered under the advisory services and technical assistance programme of the Office of the High Commissioner for Human Rights, with the aim of drawing up and submitting as soon as possible a report drafted in accordance with the Committee’s guidelines.
Regrading the situation in Mozambique, the Committee noted with regret that no report had been submitted to from Mozambique since 1984. It further regretted that Mozambique had not responded to its invitation to participate in the meeting and to furnish relevant information. The Committee decided that a communication should be sent to the Government of the Mozambique setting out its reporting obligations under the Convention and urging that a dialogue with the Committee should resume as soon as possible. The Committee suggested that the Government avail itself of the technical assistance offered under the advisory services and technical assistance programme of the Office of the High Commissioner for Human Rights, with the aim of drawing up and submitting as soon as possible a report drafted in accordance with the Committee’s guidelines.
On the situation in Antigua and Barbuda, the Committee noted with regret that no report had been submitted to it since the State party's ratification of the Convention in 1988. It also regretted that Antigua and Barbuda had not responded to its invitation to participate in the meeting and to furnish relevant information. The Committee decided that a communication should be sent to the Government of the Antigua and Barbuda setting out its reporting obligations under the Convention and urging that a dialogue with the Committee should resume as soon as possible. The Committee suggested that the Government avail itself of the technical assistance offered under the advisory services and technical assistance programme of the Office of the High Commissioner for Human Rights, with the aim of drawing up and submitting as soon as possible a report drafted in accordance with the Committee’s guidelines.
And on the situation of the report of the Maldives, the Committee regretted that no report had been submitted to the Committee from the Maldives since 1992. It also regretted that the Maldives had not responded to the Committee's invitation to participate in the meeting and to furnish relevant information. The Committee decided that a communication should be sent to the Government of Maldives setting out its reporting obligations under the Convention and urging that a dialogue with the Committee should be resumed as soon as possible.
The Committee said it appreciated the efforts of the Government in the field of education, which had resulted in a literacy rate of 93.2 per cent, making the Maldives one of the first countries in Asia in that respect. Referring to previous reports submitted by the State party in which it was asserted that "no form of racial discrimination exists in the Maldives based on race, therefore, no specific legislation was required to implement the provisions of the Convention", the Committee requested further information on the issue. It also requested information on the situation of migrant workers and foreigners in the Maldives, and asked if they enjoyed the protection of the Convention.
The Committee suggested that the Government of the Maldives avail itself of technical assistance offered under the advisory services and technical assistance programme of the Office of the United Nations High Commissioner for Human Rights, so that the country could draw up and submit a comprehensive periodic report, in accordance with Committee guidelines, without delay.
Action under early warning and urgent procedures
The Committee has instituted an "early warning measures and urgent action procedures" mechanism that permits it to take measures aimed at preventing existing problems from escalating into conflicts. It can also decide to initiate urgent procedures aimed at responding to problems requiring immediate attention to prevent or limit the scale or number of serious violations of the Convention.
In a decision on the situation in Australia, the Committee reaffirmed decisions it had taken in relation to Australia in March 1999. In adopting those decisions, the Committee said it was prompted by its serious concern that after having observed and welcomed over a period of time a progressive implementation of the Convention in relation to the land rights of indigenous peoples in Australia, envisaged changes of policy as to the exercise of those rights risked creating an acute impairment of the rights thus recognized to the Australian indigenous communities. The decision said the Committee had considered in detail the information submitted and the arguments put forward by the Government of Australia.
In the decisions of March, which the present text reaffirmed, the Committee expressed concern over the compatibility of the Native Title Act, as currently amended, with Australia's international obligations under the Convention. While the original Native Title Act recognized and sought to protect indigenous title, provisions that extinguished or impaired the exercise of indigenous title rights and interests pervaded the amended Act, the Committee said. The lack of effective participation by indigenous communities in the formulation of the amendments also raised concerns with respect to Australia's compliance with its obligations under article 5 of the Convention, the Committee said.
The Committee took note of comments received from the State party and said they would be included in the Committee's annual report for 1999 to the General Assembly. It decided to continue consideration of the matter, together with the tenth, eleventh and twelfth periodic reports of Australia, during its fifty-sixth session in March 2000.
Action on Other Issues
On the situation in the Federal Republic of Yugoslavia (Kosovo), the Committee said that in the light of recent events in Kosovo, it had reviewed earlier decisions relating to the region, as well as the findings of a mission of three Committee Experts to Kosovo in 1993 to help promote a dialogue between Kosovo Albanians and the Government of Yugoslavia.
Recalling principles set forth in its previous decisions, the Committee said particularly that any attempt to change or to uphold a changed demographic composition of an area against the will of the original inhabitants, by whatsoever means, was a violation of international law. In addition, the Committee stressed that all those who committed violations of international humanitarian law or war crimes should be held responsible for such acts.
The Committee said it was painfully aware that Kosovo Albanians had been the victims of gross violations of their human rights and of crimes against humanity. It equally expressed concern over recent killings, abductions, destruction of property and religious buildings and acts of revenge against Serbian inhabitants of Kosovo. It also said that in recent weeks, Serbian inhabitants of Kosovo had been driven from their homes and murdered, and that Roma inhabitants also had been the targets of violence.
In a decision on Africa, the Committee said it was extremely concerned over growing ethnic conflicts and the inadequacy of attempts to prevent and mitigate them in the Great Lakes region and certain other parts of Africa.
It expressed alarm at growing mass and flagrant violations of human rights of the peoples and ethnic communities in Central Africa -- in particular, massacres and even genocide perpetrated against ethnic communities, and resulting in the massive displacement of people, millions of refugees, and ever-deepening ethnic conflicts.
Further, the Committee urged the United Nations and the international community to take urgent action and effective measures under the Charter of the United Nations to put an end to conflicts in Central Africa, to stop massacres and the genocide, and to facilitate the safe return of refugees and displaced persons to their homes.
In the decision, the Committee reaffirmed its opposition to all forms of racial discrimination and ethnic cleansing, irrespective of which groups were the perpetrators and which were the victims; and further affirmed its support for multi-ethnic societies.
Concerning the Democratic Republic of the Congo, the Committee said it continued to be deeply concerned at the persisting grave situation in the Democratic Republic of the Congo and at violations of the Convention in the country.
The Committee reiterated decisions it adopted previously on the matter, especially decision 4(54), in which it expressed deep concern about the persistence, in flagrant violation of the Convention, of ethnic conflicts which were in general inspired by a policy of ethnic cleansing and might constitute acts of genocide.
The Committee urgently requested all parties to the continuing conflict in the Democratic Republic of the Congo to cooperate fully with all the efforts made in the international sphere, including actions undertaken by the Organization of African Unity, the South African Development Community and the Office of the United Nations High Commissioner for Human Rights. The Committee particularly requested all parties and especially the Government of the Democratic Republic of the Congo to comply with Resolution 1234(1999) of the Security Council, Resolution 1999/56 of the Commission on Human Rights, and the decisions of the Committee.
In a decision on the upcoming World Conference Against Racism and Racial Discrimination, the Committee, among other things, decided to propose to the preparatory committee for the World Conference that it include in the agenda of the World Conference consideration of the problem of how the international community might prevent or mitigate mass and flagrant violations of the human rights of persons belonging to ethnic and racial groups and minorities, bearing in mind that in recent years the failure of the international community to urgently and adequately respond to numerous conflicts around the world had resulted in genocide, ethnic cleansing, the mass movement of refugees and displaced persons, and the disruption of regional peace and security by armed groups able to commit atrocities with impunity.
Submission of reports
Under article 9 of the Convention, States undertake to report to the Committee on legal, judicial and other measures they have adopted to ensure effective protection against racial discrimination within their jurisdiction. States parties to the Convention agree to condemn and seek to eliminate racial discrimination in their territories; to review their policies in order to amend or nullify any regulations which create or perpetuate such discrimination, based on racial superiority or hatred; and to prohibit organizations and activities which promote or incite racial discrimination. They also agree to provide remedies for victims of racial discrimination and to adopt measures to combat prejudice and promote understanding among different national, racial and ethnic groups.
In addition, States parties undertake to guarantee the right of everyone to equality before the law without distinction to race, colour, or national and ethnic origin.
In the past, the Committee has called upon the Secretary-General to bring to the attention of States parties, at their annual meeting, the unfortunate consequences of delays in the submission of reports and to encourage them to consider ways and means by which all parties might be brought to fulfil their reporting obligations. The Committee has also instituted a procedure to review the implementation of the Convention in those States parties responsible for the longest delays in submitting periodic reports. In a letter addressed to the Governments of those States, the Committee said that delays in the submission of reports hampered its efforts to monitor the implementation of the Convention.
Communications under article 14
Under article 14 of the Convention, the Committee considers communications from individuals or groups of individuals claiming to be victims of a violation by States parties of any of the rights set forth in the Convention, provided the States concerned have recognized the competence of the Committee in this regard. The following 28 States parties have already done so: Algeria, Australia, Bulgaria, Chile, Costa Rica, Cyprus, Denmark, Ecuador, Finland, France, Hungary, Iceland, Italy, Luxembourg, Malta, Netherlands, Norway, Peru, Poland, Republic of Korea, Russian Federation, Senegal, Slovakia, South Africa, Spain, Sweden, Ukraine and Uruguay.
States parties to convention
At present, the following 155 States are parties to the Convention: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Czech Republic, Cyprus, Democratic Republic of the Congo, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Germany, Georgia, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Holy See, Hungary, Iceland, India, Indonesia, Iran, Iraq, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Kyrgystan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Lithuania.
Also, Luxembourg, Madagascar, Malawi, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Moldova, Monaco, Mongolia, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Pakistan, Panama, Papua New Guinea, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Romania, Russian Federation, Rwanda, St. Lucia, St. Vincent and the Grenadines, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syria, The Former Yugoslav Republic of Macedonia, Tajikistan, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Yugoslavia (Serbia and Montenegro), Zambia and Zimbabwe.
Committee Membership and Officers
The members of the Committee, elected in their individual capacity, are: Mahmoud Aboul-Nasr (Egypt); Michael Parker Banton (United Kingdom); Theodoor van Boven (Netherlands); Ion Diaconu (Romania); Eduardo Ferrero Costa (Peru); Ivan Garvalov (Bulgaria); Régis de Gouttes (France); Carlos Lechuga Hevia (Cuba); Yuri A. Rechetov (Russian Federation); Shanti Sadiq Ali (India); Agha Shahi (Pakistan); Michael E. Sherifis (Cyprus); Zou Deci (China); Luis Valencia Rodriguez (Ecuador); Rüdiger Wolfrum (Germany); Mario Jorge Yutzis (Argentina); Peter Nobel (Sweden); and Gay McDougall (United States).
Mr. Aboul-Nasr is Chairperson. Mr. Yutzis, Mr. Diaconu and
Mr. Sherifis are Vice-Chairpersons. In addition, Mr. Banton is Rapporteur.
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