COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES FIFTY-SECOND SESSION

HR/CERD/98/31
20 March 1998


During an intensive three-week session, the Committee examined reports from Armenia, Cambodia, Cameroon, the Czech Republic, Israel, Lebanon, the Libyan Arab Jamahiriya, the Netherlands, the Russian Federation, Switzerland, Ukraine and Yugoslavia.

These countries are among the 150 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination. Under the terms of the Convention States parties are required to periodically submit reports to the Committee on measures and legislation adopted to eliminate bias within their jurisdiction. Governments may send representatives during the consideration of their reports so that they may respond to questions raised by the 18-member panel of experts.

This session also saw the Committee continue its prevention work when it examined the situations in the Democratic Republic of the Congo, Bosnia and Herzegovina, Papua New Guinea and Rwanda under its early warning and urgent procedures mechanism. The implementation of the Convention in Saint Lucia, whose initial report is seriously overdue, was also reviewed.

Before closing this annual winter session this afternoon, the Committee decided that it is necessary to extend one of its sessions each year by five working days. It will meet again in Geneva from 3 to 21 August to consider reports from Tonga, Nepal, Cuba, Kuwait, Niger, Cyprus, Jordan, Morocco, Croatia, and Gabon. The expert panel also plans to review situations in Haiti and Estonia, which are responsible for delays in reporting or for non-reporting. At that session the Democratic Republic of the Congo, Bosnia and Herzegovina and Rwanda will again be the subject of attention under the Committee's early warning and urgent procedures mechanism.

Observations on Country Reports Reviewed at this Session

The Committee expressed concern over the increasing acts of racial discrimination as well as ethnic conflicts in the Russian Federation. It noted the political changes which took place in the last few years continued to affect the economic and social situation of the population.

The Committee recommended that appropriate measures be taken to outlaw and combat all organizations and political groups and their respective activities that promote racist ideas or objectives, as referred to in article 4 of the Convention. It invited the Russian Federation to provide, in its next report, further information on, among other things, complaints and court cases related to racial discrimination; measures to ensure the adequate development and protection of less developed groups within the Federation, and the situation of Gypsies or Roma.
It also recommended that the State party reinforce its measures to protect human rights in Chechnya, Ingushetia and North Ossetia. Measures should be taken in particular to ensure that serious breaches of international humanitarian law did not remain unpunished and that the victims be afforded just and adequate reparation.

Concern was expressed at the incidents of xenophobia, anti- semitism, racial discrimination and racial violence occurring in the Switzerland. While noting that the current Swiss immigration policy may be subject to revision, the Committee also expressed disquiet over the current so-called three-circle- model immigration policy which classified foreigners on the basis of their national origin. The conception and effect of this policy was stigmatizing and discriminatory, and therefore contrary to the principles of the Convention.

Other areas of special concern were the extensive system of police control on foreigners as well as the naturalization policies and procedures, which were deemed too protracted and selective. Concern was expressed about serious incidents of police brutality in dealings with persons of foreign ethnic or national origin

Among other recommendations, the Committee encouraged Switzerland to monitor all tensions which may give rise to racial segregation and to work for the eradication of any negative consequences. It also urged the Government of Switzerland to reconsider the reservation made to article 2, paragraph 1(a) of the Convention requiring that each State Party undertake to engage in no act or practice of racial discrimination and ensure that all public authorities and public institutions act in conformity with this obligation.

The Committee concluded that the Convention was far from fully implemented in Israel and the occupied territories, and that this shortfall contributed very significantly to the dangerous escalation of tension in the region.

Israel was accountable for implementation of the Convention in all areas over which it exercised effective control, the expert panel noted. It further reiterated its view that the Israeli settlements in the occupied territories were not only illegal under international law but an obstacle to peace and the enjoyment of human rights by the whole population in the region. Moreover, attempts to change the demographic composition of the Occupied Territories raised concern as to violations of international humanitarian law.

The Committee noted that the right of many Palestinians to return and possess their homes in Israel was currently denied. Israel should give high priority to remedying this situation and afford compensation to those who could not re- possess their homes. Among other recommendations, the Committee called on that State party to reinforce its efforts to reduce the persisting gap between the living standards and the involvement in national affairs of the Jewish majority and the Arab minority.

The expert panel expressed its profound concern that persons in detention, disproportionately of Arab ethnic origin, were subject to the inhumane and degrading interrogation under the Landaw Commission Rules and that the Supreme Court had failed to declare this illegal.

Mentioned among positive action taken by the Netherlands, were the different policies and programmes initiated by the Government or by local authorities, in the fields of multi- cultural education, of employment, and of involving persons from different minorities in health activities. In this regard, the Committee took note of the Government's willingness to recognize existing problems and to find appropriate solutions, both legislative and administrative.

Concern was expressed over the dissemination of ideas of racial superiority and of intolerance by various organizations, political parties and individuals. Greater attention should be given to countering such activities and to investigating and prosecuting cases of discrimination. The expert panel also recommended that further action be taken to ensure and promote equal opportunity in economic and social life, in particular as regards education and employment.

The Committee commended the Czech Republic for the various measures taken since 1993 to combat racial discrimination. It expressed concern, however, at the persistence of racial hatred and acts of violence against minority groups in the country. In particular against Roma and persons of African or Asian origin.

Among other recommendations, the Committee urged the State party to take additional measures to ensure an effective and timely handling of court cases of racially motivated crimes and punishment of the perpetrators. It also requested the country to provide comprehensive information on the results of the affirmative measures taken for the Roma community, in particular in the field of education, employment and housing.

Mentioned among positive aspects in relation to a report of Ukraine, the Committee commended the State Party's efforts aimed at the return, resettlement and the rehabilitation of a large number of Crimean Tatars as well as persons of other nationalities, who were forcibly deported to different parts of the former USSR approximately fifty years ago.

It recommended that Ukraine continue to take all necessary steps to fully restore the rights of repatriated members of minorities, including the Crimean Tatars, and to afford them just and adequate reparation where appropriate. The Committee further recommended that issues relating to citizenship of the repatriated members of minorities be solved as soon as possible in accordance with the relevant international standards.

The panel of experts regretted insufficient information was provided in the report of Ukraine on the number of complaints on racial discrimination and available remedies, as well as practice of the tribunals. The Government was also urged to review and improve the training of law enforcement officials to ensure that in performance of their duties they respect and protect human dignity and maintain and uphold the human rights of all without distinction as to race, colour or national or ethnic origin.

Concern was expressed at resistance, in Lebanon, to the progressive elimination of the political system of confessionalism which could impair the State party's implementation of certain provisions of the Convention. The Committee recommended, among other things, that Lebanon adopt appropriate measures to prevent and combat all forms of racial discrimination, and ensure that all persons, including members belonging to ethnic groups, refugees, displaced persons and foreign workers, be given equal treatment before the law.

In observations on a report of Yugoslavia, the Committee expressed concern that disproportionate use of force by law enforcement agencies and the military against the Albanian population in the province of Kosovo and Metohija resulted in numerous violations of the right to life, destruction of property and displacement. It stated that a military solution to the long-standing crisis in Kosovo could have disastrous consequences. A solution for the province included a status of the highest level of autonomy for this part of the State party as a means for enjoyment of human rights by everyone.

Although the State party argued that it's recent actions in the province were carried out exclusively with a view to combat terrorism, the Committee noted with serious concern that a great number of victims of the recent events were civilians, including women and children whose death could not be justified by any means. Further concern was expressed at the impunity enjoyed by perpetrators of violations of human rights in Kosovo and Metohija. The Committee urged Yugoslavia to carry out a full and independent investigation of the incidents and bring to justice those responsible for any act involving a disproportionate use of force.

Experts urged the Government of Yugoslavia to immediately grant the International Red Cross and other humanitarian organizations free access to Kosovo and Metohija and recommended that it cooperate fully with the International Criminal Tribunal for the former Yugoslavia, in particular by handing over those indicted, by that judicial organ, for war crimes and crimes against humanity.

The Committee noted with appreciation, that despite prevailing political, economic and social difficulties in Armenia, efforts were being made to implement the provisions of the Convention. The Committee called on the State party to provide statistics on racially motivated crimes and detailed information on complaints received and judgments issued by courts. It requested for further information, in its next report, on the restoration of the rights of deportees who returned to the country, the results of the national reform on education, and access to health care, housing and employment of ethnic and national minorities.

Among other recommendations, the expert panel called on Libya to provide, in its next report, detailed information on the demographic composition of its population, including non- Libyans living in the country. Information on the status and working conditions of foreign workers and on measures taken by Libya to prevent any acts of discrimination against them was also requested.

Moreover, the Committee recommended that specific legislation be enacted by the Government to implement the provisions of the Convention. The Libyan Arab Jamahiriya was encouraged to adopt appropriate policies to promote the rights of ethnic minorities and ensure their equality as well as increase the awareness of the population on the provisions of the Convention.

In comments on a report of Cameroon, the Committee recommended that the State party provide information, in its next report, on the representation of ethnic groups at different levels of political life and civil service as well as on their enjoyment of economic, social and cultural rights. It urged Cameroon to take all appropriate measures to promote the rights of minorities and indigenous peoples, in particular with regard to deforestation activities that can threaten them. All appropriate measures should also be taken for the education, training and information of human rights issues.

Early Warning and Urgent Procedures

Under its early warning and urgent procedures mechanism, the Committee made formal statements on the situations in the Democratic Republic of the Congo, Papua New Guinea, Bosnia and Herzegovina and Rwanda.

In observations on the situation in the Democratic Republic of the Congo, the Committee recommended the extension of the mandate of the International Criminal Tribunal in Arusha to include jurisdiction of war crimes and crimes against humanity committed during the war in the Democratic Republic of the Congo. The expert panel also emphasized the importance of continuing United Nations investigations into reports of massacres and other grave human rights violations which occurred in that country.

On the situations of , the Committee decided that Bosnia and Herzegovina remain under its active scrutiny and urged Papua New Guinea, once again, to submit its report and supply information, specifically on the situation in Bougainville. The situations of both States parties will be examined at the Committee's annual summer session under its urgent procedure.

States with Overdue Reports

In a decision adopted on the situation of Saint Lucia, whose initial report is seriously overdue, the Committee

Committee Membership, 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); Peter Nobel (Sweden); Gay Mcdougall (United States); Yuri A. Rechetov (Russian Federation); Shanti Sadiq Ali (India); Agha Shahi (Pakistan); Michael E. Sherifis (Cyprus); Zou Deci (China); Luis Valencia Rodriguez (Ecuador); and Mario Jorge Yutzis (Argentina).

The Committee is chaired by Mr. Mahmoud Aboul-Masr. The Vice-Chairmen are Mr. Marop Jorge Yutzis, Mr. Ion Diaconu and Mr. Michael E. Sherifis. Mr. Michael Parker Banton is the rapporteur.

Early Warning and Urgent Procedures

Under its early warning and urgent procedures mechanisms, the Committee made formal statements on the situations in the Democratic Republic of the Congo, Papua New Guinea, Bosnia and Herzegovina and Rwanda.

In observations on the situation in the Democratic Republic of the Congo, the Committee recommended the extension of the mandate of the International Criminal Tribunal in Arusha to include jurisdiction of war crimes and crimes against humanity committed during the war in that country. The expert panel also emphasized the importance of continuing United Nations investigations into reports of massacres and other grave human rights violations.
On the situation in Rwanda, the Committee expressed alarm at reports that a new round of genocidal violence had commenced. It noted that the climate of impunity persisting in some areas and the lengthy detention of accused persons under deplorable conditions, did not assist the processes of ethnic reconciliation.

Concern was expressed at the slow process of rebuilding civil institutions, especially those of an independent judiciary, and at action to combat ethnic prejudice. The expert panel called on the international community to give increased assistance to those affected.

The expert panel decided that Bosnia and Herzegovina remain under its active scrutiny and urged Papua New Guinea, once again, to submit its report and supply information, specifically on the situation in Bougainville.

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.

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 States parties have already done so: Algeria, Australia, Bulgaria, Chile, Costa Rica, Cyprus, Denmark, Ecuador, Finland, France, Hungary, Iceland, Italy, Luxembourg, Netherlands, Norway, Peru, Republic of Korea, Russian Federation, Senegal, Slovakia, Sweden, Ukraine and Uruguay.

States Parties to Convention

At present, the following 150 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, Ghana, Greece, Guatemala, Guinea, Guyana, Haiti, Holy See, Hungary, Iceland, India, Iran, Iraq, Israel, Italy, Jamaica, Japan, Jordan, Kuwait, Kyrgystan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya.

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, 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); Gay Mcdougall (United States) Peter Nobel (Sweden) 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); and Mario Jorge Yutzis (Argentina).