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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES FIFTY-THIRD SESSION
21 August 1998
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HR/CERD/98/60
21 August 1998
The Committee on the Elimination of Racial Discrimination this morning concluded its fifty-third session during which it examined the measures taken by Croatia, Cuba, Cyprus, Gabon, Jordan, Morocco, Nepal, Niger, Tonga and Haiti to combat racial discrimination.
The Committee, the first created by the United Nations to review actions by States in fulfilling their obligations under a specific human rights agreement, studied reports from these countries on their compliance with the International Convention on the Elimination of All Forms of Racial Discrimination. The countries are among 150 States parties to the Convention. 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 Committee of experts.
During its three-week meeting, the Committee also continued its prevention work by examining the situations in the Democratic Republic of the Congo, Bosnia and Herzegovina, Rwanda and Federal Republic of Yugoslavia concerning Kosovo under its early warning and urgent procedures mechanism.
Concerning the Democratic Republic of the Congo, the Committee expressed deep concern about reports of massacres and other grave human rights violations by Government forces. It further expressed concern that recent developments had again led to grave human rights violations committed by all factions involved in the conflict which were directed against particular ethnic groups. The Committee said the fate and the situation of the Roma population in Bosnia and Herzegovina required urgent attention and special measures by the authorities and international organizations; and that repatriation of refugees in the hosting countries should be considered with caution.
With regards to Rwanda, the Committee expressed great concern over reports of ethnic violence occurring in the north-west of the country and along the Congolese border; and over the continued flow of arms into the region. It called on all States to enforce applicable arms embargos in the region.
In a decision on Kosovo, the Committee called upon the Government of the Federal Republic of Yugoslavia and the leadership and the Albanian community in Kosovo and Motohija to stop immediately all military and para-military activities or hostilities and to enter into negotiations on a just and lasting solution.
The Committee further decided to request the Governments of Australia and the Czech Republic to provide it with further information regarding the changes recently projected to the 1993 Native Title Act in Australia and the physical segregation of some residential units housing Roma families in Czech Republic.
In the course of its current session, the Committee recommended holding its winter sessions in New York instead of Geneva and extending one session by five working days.
The Committee also adopted a decision on its contribution to the preparatory process of the World Conference against Racism and Racial Discrimination, Xenophobia and Related Intolerance to be held in 2001.
In closed meeting, the Committee also dealt with communications received from individuals or groups of individuals who claimed that any of their rights enumerated in the Convention had been violated by a State party and who had exhausted all available domestic remedies. So far, 25 States parties have recognized the competence of the Committee to consider such communications under article 14 of the International Convention.
During its fifty-fourth session, scheduled from 1 to 19 March 1999, the Committee is expected to examine the situations in Austria, Costa Rica, Finland, Italy, Kuwait, Lesetho, Mongolia, Peru, Portugal, Republic of Korea and Syria. It has also decided to examine the reports of Bangladesh, Bahrain, Congo, Latvia and Slovenia under its review procedure while Democratic Republic of Congo, Rwanda and Yugoslavia will be considered under early warning and urgent procedure.
Concluding Observations on Country Reports
On the situation in Cyprus, the Committee noted with appreciation that the document provided detailed answers to concerns expressed and recommendations previously made by the members of the Committee. The Committee further expressed its appreciation for the frank and constructive dialogue with the delegation and for the additional information and comprehensive answers they had provided.
The Committee reiterated its grave concern at the lengthy occupation of 37 per cent of the territory of Cyprus by Turkish forces and the continued division of the country, and that the Government was still prevented, by the use of force, from implementing the provisions of the International Convention in the occupied part of the country since the invasion in 1974. The Committee further wished to reiterate that the continuing artificial division of the country had adversely affected efforts to reduce tensions among the various ethnic and religious communities which comprised the population.
The Committee considered among position aspects that the State party had undertaken measures for the preparation of a bill for the protection of refugees which would protect the rights of refugees and displaced persons regardless of their ethnic origin. It also noted with appreciation that Cyprus had undertaken steps for the implementation of the Committee's recommendations regarding the introduction of amendments to Law II (III) of 1992, adding that the proposed amendments included the penalisation of the expression of racist ideas through electronic media.
Principal subjects of concern included insufficient information on the demographic composition of the occupied part of Cyprus, due to the fact that the State party was still prevented by the Turkish army from undertaking any census on the whole territory of the country. The Committee was also concerned that members of the public may not be sufficiently aware of the protection against racial discrimination provided by the Convention. In this connection, the lack of information on complaints concerning racially motivated offenses, other than complaints lodged by foreign housemaids, as well as the absence of lawsuits in courts claiming racial discrimination, and the absence of communications filed with the Committee, might indicate that awareness of the Convention was not high among judges and lawyers.
The Committee recommended, among other issues, that information be provided by the State party on the enactment of legislation for the protection of refugees bill and the proposed amendments of the Law II (III) of 1992; that the State party provide information in its next periodic report on the implementation of recommendations made by the Commissioner for Administration to remedy the procedure for employment of foreign housemaids in Cyprus; and that the State party consider measures for improving awareness of the Convention and associated legal and administrative remedies, and that lawyers and administrators be supplied with information on the Convention and available remedies.
The Committee welcomed the report submitted by Croatia, in particular the information on economic, social and cultural rights of minorities. However, it regretted that the report contained information almost exclusively on the legal framework for the protection of rights of minorities and did not give sufficient information on the implementation of such legislation.
While the Committee welcomed the on-going process of gradual normalization of inter-ethnic relations on the territory of Croatia as a positive aspect, it was concerned about the reduction of the proportional representation of the Serbian ethnic community in the Croatian Parliament following the proclamation of a constitutional law.
The Committee also expressed concern at incidents of hate-speech directed at the Serb minority in Croat media, and the failure of the State party to take adequate measures to investigate and prosecute those responsible for promoting hatred and ethnic tension through the print and audiovisual media.
The Committee recommended, among other things, that the Government of Croatia reinstate the provisions for the fair and proportional representation of the Serbian ethnic community in the Croatian Parliament; that it comply fully with the obligations under article 4 of the International Convention and that necessary legislative measures be taken; that adequate measures be introduced to ensure and monitor the implementation in practice of the newly introduced National Programme for Return, in particular the Serbs displaced in East Slavonia, Baranja, and West Saijem; and that measures be taken to ensure the prosecution of persons allegedly responsible for having committed racially motivated crimes, regardless of the racial, ethnic or religious origin of the perpetrator or victim.
With regard to Morocco, the Committee welcomed with satisfaction the new policy of that country to render more attention to issues pertaining to human rights. It also noted with interest the activities of the Consultative Council on Human Rights and the Ministry charged with human rights concerning the efforts to examine legislation in order to bring it in line with international norms of human rights.
The Committee, however, expressed concern at the insufficiency of information on the ethnic composition of the Moroccan population. Although the Committee welcomed the alignment of the domestic law with the International Convention during the revision of the penal code, it was concerned about the actual absence of any legislative provisions specifically prohibiting racial discrimination. Concern was also expressed on the absence of information on the number of complaints and judicial decisions relating to acts of racism in all their forms and the subsequent indemnities accorded.
The Committee recommended, among other things, that the State party furnish information on the ethnic composition of the population in its next report; that the State inform the Committee on the outcome of the reforms of the penal code to align it with the International Convention; that it include in its next report the results of the various programmes aimed at promoting human rights and the activities of the Consultative Council on Human Rights; that it provide detailed information on the number of complaints and their subsequent judicial decisions; and that the Government furnish the Committee with information on the socio-economic indicators on the situation of Berbers, Blacks, nomads, Saharawis and other minorities.
Concerning Jordan, the Committee noted that Jordan's difficult economic situation might affect the full implementation of the International Convention. It recommended that Jordan's next report clarify whether article 12 of the Labour Act derived from an agreement concluded between members of the League of Arab States was applicable to all citizens of those States irrespective of their ethnic or national origin.
Among positive aspects in the report were efforts made by the State to host Palestinian refugees, and to facilitate their integration while retaining their identity. The delegation also recommended that the State party should present in its next report information on the number of complaints, judgements and compensation awards arising from racist acts, regardless of their nature.
On the report of Niger, the Committee welcomed the signing of an agreement in 1995 establishing peace between the Government of Niger and the Armed Resistance Organization. However, concerns were expressed regarding acts of violence perpetrated against persons belonging to certain ethnic groups, particularly the Tubus, and relating to the absence of information on measures aimed at integrating the armed personnel of the Armed Resistance Organization into the regular army and the country's civil activities. Concern was also expressed at the lack of information on foreign refugees in Niger and refugees returning from abroad.
The Committee recommended that the Government of Niger provide it with information on the relations among the various ethnic groups of the country and on efforts to build peaceful and harmonious relations among them. It encouraged the State party to put its penal code in line with the provisions of the International Convention and recommended that the Government include in its next periodic report the results of its efforts on the elimination of racial discrimination; and to include any complaints and subsequent judicial decisions.
The Committee also recommended that Niger furnish information on legislative reforms undertaken to implement the right to freedom of peaceful assembly and association; on political and civil rights; on educational activities; and on economic and social indicators regarding all ethnic groups of the country.
As regards Gabon, the Committee expressed concern over the insufficiency of information on the demographic composition of the population, including the composition of the 40 ethnic entities in the country, the foreign community and the indigenous Pygmy community.
Among other things, the Committee decided to recommend that detailed information be provided by Gabon on the demographic composition of the population; that Gabon provide details on the effective enjoyment by all groups in participating in public life and economic, social and cultural rights; and that it furnish facts on the existing legal mechanisms available to lodge complaints in cases of racial discrimination.
With regards to Cuba, the Committee recognized that the country had experienced serious economic difficulties since the beginning of the nineties that affected the full enjoyment of economic, social and cultural rights, especially by less favoured social groups. Among positive aspects, the Committee appreciated Cuba for its commitment to eliminate all manifestations of racial discrimination, especially through the adoption since 1959 of appropriate legislation, equal opportunity policies and widespread education of the population.
The Committee recommended that Cuba provide, in its next report, more information on the demographic composition of the population. It asked the Government to provide it with information on the number of complaints on racial discrimination, the outcome of the prosecution of cases of racial discrimination and the redress, if any, provided to persons affected by such discrimination. The Committee also recommended that the role of the Attorney-General be clearly explained in dealing with complaints.
Moreover, on the situation in Tonga, the Committee expressed concern at the lack of legislation intended to enforce the provisions contained in article 4 of the International Convention and at the statement contained in the report that Tonga had no expressed policy on the elimination of racial discrimination. It was also concerned that since the International Convention had not been incorporated into the domestic law, it could not be invoked in the courts.
The Committee recommended, among other things, that Tonga provide information on the demographic composition of the population; and details describing the country's political, economic and social framework. It also recommended the adoption of measures to incorporate in the school curricula subjects intended to promote tolerance among different ethnic groups. It suggested that Tonga might wish to avail itself of the technical assistance of the Office of the High Commissioner for Human Rights.
With regard to Nepal, the Committee noted that the widespread poverty and the presence of a large number of refugees from neighbouring countries might affect the full implementation of the International Convention in that country. It expressed concern that despite the Government's abolition of the caste system by law, the system still functioned and appeared embedded in parts of the Nepalese culture. In that connection, the Committee was also concerned at the limitations that that system imposed on the effective enjoyment by all groups of the rights enshrined in the international Convention.
Among other things, the Committee recommended that information be provided by Nepal on the implementation of practical measures to eradicate the practice of the caste system; on the implementation of article 4 of the International Convention, especially on how it was reflected in domestic legislation and applied by judges, lawyers and civil servants; on the effective enjoyment of political and other rights by all ethnic groups; and on the existing legal mechanisms available to lodge complaints in cases of racial discrimination.
Regarding Haiti, which was considered under its review procedure for seriously overdue reports, the Committee, among other things, regretted that Haiti had not responded to its invitations to participate in the meeting and to furnish relevant information; that social differences were very severe and that they had generated discrimination among the population; that Haiti provide it with relevant information on the implementation of legislation prohibiting and sanctioning racial discrimination; and urged Haiti to resume the dialogue with it as soon as possible.
Action Under Early Warning and Urgent Procedures
The Committee has instituted an "early warning and urgent procedures" mechanism that permits it to take measures aimed at preventing existing problems from escalating into conflicts, or to 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 International Convention.
In a decision on Rwanda, the Committee expressed great concern over reports of ethnic violence occurring in the north-west of the country and along the Congolese border; over reports that violence had spread to the central region of the country and across the Congolese border into the Democratic Republic of the Congo; and over the continued flow of arms into the region. It called on all States to enforce applicable arms embargos in the region.
The Committee further noted with concern that the mandate of the United Nations Human Rights Field Operation in Rwanda had come to an end and that Rwanda had refused to approve a new mandate with a mission to monitor human rights. It also expressed its concern over the slow pace of genocide trials and the legal deficiencies, including significant due process concerns. The Committee similarly expressed its grave concern over the deplorable conditions in which those accused of having participated in the genocide were detained.
The Committee welcomed reports that members of the Rwandan Patriotic Army had been tried for grave human rights and humanitarian law violations that appeared to have had an ethnicity motivated character. It called on the Government to give greater cooperation to the work of the International Criminal Tribunal for Rwanda and to take additional steps to publicize its proceedings as a necessary step to overcome the perception of impunity that persisted in much of the country.
On the situation in the Democratic Republic of the Congo, the Committee expressed concern over reports of massacres and other grave human rights violations, including violations of the International Convention, by Government forces in the Democratic Republic of Congo. It further expressed concern that recent developments had again led to grave human rights violations committed by all factions involved in the conflict which, according to reports, were directed against particular ethnic groups.
The Committee deplored the restrictions imposed by the Government on the work of the Special Rapporteur and on the Investigation Team established in accordance with Security Council decision of 8 July 1997. It called upon all the participants in the conflict to immediately end all fighting and, in particular, cease all attacks on or harassment of particular ethnic groups; urged the Government to work closely and strengthen further its cooperation with the Office of the High Commissioner for Human Rights; further urged the Government to allow the Special Rapporteur to resume his investigation; and called the Government to undertake all effort to provide for a safe return of all refugees and displaced person to their homes and property.
With regard to the situation in Bosnia and Herzegovina, the Committee, among other things, underlined that the dialogue with the delegation had permitted it to observe improvements in certain areas; noted the depth of the persisting division reflecting clear patterns of separation based on ethnicity; and stressed the importance of supporting and strengthening for Office of the Federal Ombudsman in its work for human rights and the rule of law.
The Committee also supported the idea of reviewing school books and other educational materials in order to rid them of falsifications of history or incitement of ill-will or contempt towards other peoples and ethnic groups. It said the fate and the situation of the Roma population in Bosnia and Herzegovina required urgent attention and special measures by the authorities and international organizations; and that repatriation of refugees in the hosting countries be considered with caution.
Action on Other Issues
In a decision on Kosovo, the Committee called upon the Government of the Federal Republic of Yugoslavia and the leadership and the Albanian community in Kosovo and Motohija to stop immediately all miliary and par-military activities and hostilities and to enter into negotiations on a just and lasting solution, which should include a status of highest level of autonomy, which would make it possible for everyone to enjoy human rights and in particular to eliminate all forms of racial discrimination.
The Committee affirmed that questions relating to Kosovo and Metohija could be solved only by peaceful political means in accordance with international standards in the field of protection of human rights and in particular for the elimination of all forms of racial discrimination and should be based on respect for the territorial integrity of the Federal Republic of Yugoslavia.
The Committee expressed deep concern over the persisting grave violations in Kosovo and Metohija of basic human rights and the disproportionate use of force by the State party's law enforcement agencies and the military against the Albanian population in Kosovo and Metohija which had resulted in numerous violations of the rights to life, destruction of property and a great number of people being displaced or made refugees, as reported by the United Nations High Commissioner for Refugees.
In a decision related to the preparatory process of the World Conference against Racism and Racial Discrimination, Xenophobia, and Related Intolerance, the Committee indicated that it had commenced considering suggestions for the agenda of the World Conference and ideas the Conference might take into consideration in any declaration and programme of action which it might decide to adopt.
The Committee was of the view that the agenda could include the following topics, among other things: current realities in the aftermath of slavery and colonialism; impact of economic globalization and racial equality; treatment of migrants, refugees, asylum-seekers and displaced persons; prevention of racial discrimination, including early warning and urgent procedures; prevention of racial discrimination through education; remedies, redress mechanisms and reparation for racial discrimination; international mechanisms for the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination and their progress development; and combatting hate speech.
The Government of Australia was requested to inform the Committee by 15 January 1999 on the changes recently projected to the 1993 Native Title Act, on any changes of policy as to Aboriginal land rights, and of the functions of the Aborigines and Torres Strait Islanders Social Justice Commissioner.
It also decided to request the Government of Czech Republic to provide the Committee with information on the reports that certain municipalities were contemplating measures for the physical segregation of some residential units housing Roma families.
Submission of Reports
Under article 9 of the International 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 International 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 International 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 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, Spain, 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); 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/98/60
21 August 1998
The Committee on the Elimination of Racial Discrimination this morning concluded its fifty-third session during which it examined the measures taken by Croatia, Cuba, Cyprus, Gabon, Jordan, Morocco, Nepal, Niger, Tonga and Haiti to combat racial discrimination.
The Committee, the first created by the United Nations to review actions by States in fulfilling their obligations under a specific human rights agreement, studied reports from these countries on their compliance with the International Convention on the Elimination of All Forms of Racial Discrimination. The countries are among 150 States parties to the Convention. 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 Committee of experts.
During its three-week meeting, the Committee also continued its prevention work by examining the situations in the Democratic Republic of the Congo, Bosnia and Herzegovina, Rwanda and Federal Republic of Yugoslavia concerning Kosovo under its early warning and urgent procedures mechanism.
Concerning the Democratic Republic of the Congo, the Committee expressed deep concern about reports of massacres and other grave human rights violations by Government forces. It further expressed concern that recent developments had again led to grave human rights violations committed by all factions involved in the conflict which were directed against particular ethnic groups. The Committee said the fate and the situation of the Roma population in Bosnia and Herzegovina required urgent attention and special measures by the authorities and international organizations; and that repatriation of refugees in the hosting countries should be considered with caution.
With regards to Rwanda, the Committee expressed great concern over reports of ethnic violence occurring in the north-west of the country and along the Congolese border; and over the continued flow of arms into the region. It called on all States to enforce applicable arms embargos in the region.
In a decision on Kosovo, the Committee called upon the Government of the Federal Republic of Yugoslavia and the leadership and the Albanian community in Kosovo and Motohija to stop immediately all military and para-military activities or hostilities and to enter into negotiations on a just and lasting solution.
The Committee further decided to request the Governments of Australia and the Czech Republic to provide it with further information regarding the changes recently projected to the 1993 Native Title Act in Australia and the physical segregation of some residential units housing Roma families in Czech Republic.
In the course of its current session, the Committee recommended holding its winter sessions in New York instead of Geneva and extending one session by five working days.
The Committee also adopted a decision on its contribution to the preparatory process of the World Conference against Racism and Racial Discrimination, Xenophobia and Related Intolerance to be held in 2001.
In closed meeting, the Committee also dealt with communications received from individuals or groups of individuals who claimed that any of their rights enumerated in the Convention had been violated by a State party and who had exhausted all available domestic remedies. So far, 25 States parties have recognized the competence of the Committee to consider such communications under article 14 of the International Convention.
During its fifty-fourth session, scheduled from 1 to 19 March 1999, the Committee is expected to examine the situations in Austria, Costa Rica, Finland, Italy, Kuwait, Lesetho, Mongolia, Peru, Portugal, Republic of Korea and Syria. It has also decided to examine the reports of Bangladesh, Bahrain, Congo, Latvia and Slovenia under its review procedure while Democratic Republic of Congo, Rwanda and Yugoslavia will be considered under early warning and urgent procedure.
Concluding Observations on Country Reports
On the situation in Cyprus, the Committee noted with appreciation that the document provided detailed answers to concerns expressed and recommendations previously made by the members of the Committee. The Committee further expressed its appreciation for the frank and constructive dialogue with the delegation and for the additional information and comprehensive answers they had provided.
The Committee reiterated its grave concern at the lengthy occupation of 37 per cent of the territory of Cyprus by Turkish forces and the continued division of the country, and that the Government was still prevented, by the use of force, from implementing the provisions of the International Convention in the occupied part of the country since the invasion in 1974. The Committee further wished to reiterate that the continuing artificial division of the country had adversely affected efforts to reduce tensions among the various ethnic and religious communities which comprised the population.
The Committee considered among position aspects that the State party had undertaken measures for the preparation of a bill for the protection of refugees which would protect the rights of refugees and displaced persons regardless of their ethnic origin. It also noted with appreciation that Cyprus had undertaken steps for the implementation of the Committee's recommendations regarding the introduction of amendments to Law II (III) of 1992, adding that the proposed amendments included the penalisation of the expression of racist ideas through electronic media.
Principal subjects of concern included insufficient information on the demographic composition of the occupied part of Cyprus, due to the fact that the State party was still prevented by the Turkish army from undertaking any census on the whole territory of the country. The Committee was also concerned that members of the public may not be sufficiently aware of the protection against racial discrimination provided by the Convention. In this connection, the lack of information on complaints concerning racially motivated offenses, other than complaints lodged by foreign housemaids, as well as the absence of lawsuits in courts claiming racial discrimination, and the absence of communications filed with the Committee, might indicate that awareness of the Convention was not high among judges and lawyers.
The Committee recommended, among other issues, that information be provided by the State party on the enactment of legislation for the protection of refugees bill and the proposed amendments of the Law II (III) of 1992; that the State party provide information in its next periodic report on the implementation of recommendations made by the Commissioner for Administration to remedy the procedure for employment of foreign housemaids in Cyprus; and that the State party consider measures for improving awareness of the Convention and associated legal and administrative remedies, and that lawyers and administrators be supplied with information on the Convention and available remedies.
The Committee welcomed the report submitted by Croatia, in particular the information on economic, social and cultural rights of minorities. However, it regretted that the report contained information almost exclusively on the legal framework for the protection of rights of minorities and did not give sufficient information on the implementation of such legislation.
While the Committee welcomed the on-going process of gradual normalization of inter-ethnic relations on the territory of Croatia as a positive aspect, it was concerned about the reduction of the proportional representation of the Serbian ethnic community in the Croatian Parliament following the proclamation of a constitutional law.
The Committee also expressed concern at incidents of hate-speech directed at the Serb minority in Croat media, and the failure of the State party to take adequate measures to investigate and prosecute those responsible for promoting hatred and ethnic tension through the print and audiovisual media.
The Committee recommended, among other things, that the Government of Croatia reinstate the provisions for the fair and proportional representation of the Serbian ethnic community in the Croatian Parliament; that it comply fully with the obligations under article 4 of the International Convention and that necessary legislative measures be taken; that adequate measures be introduced to ensure and monitor the implementation in practice of the newly introduced National Programme for Return, in particular the Serbs displaced in East Slavonia, Baranja, and West Saijem; and that measures be taken to ensure the prosecution of persons allegedly responsible for having committed racially motivated crimes, regardless of the racial, ethnic or religious origin of the perpetrator or victim.
With regard to Morocco, the Committee welcomed with satisfaction the new policy of that country to render more attention to issues pertaining to human rights. It also noted with interest the activities of the Consultative Council on Human Rights and the Ministry charged with human rights concerning the efforts to examine legislation in order to bring it in line with international norms of human rights.
The Committee, however, expressed concern at the insufficiency of information on the ethnic composition of the Moroccan population. Although the Committee welcomed the alignment of the domestic law with the International Convention during the revision of the penal code, it was concerned about the actual absence of any legislative provisions specifically prohibiting racial discrimination. Concern was also expressed on the absence of information on the number of complaints and judicial decisions relating to acts of racism in all their forms and the subsequent indemnities accorded.
The Committee recommended, among other things, that the State party furnish information on the ethnic composition of the population in its next report; that the State inform the Committee on the outcome of the reforms of the penal code to align it with the International Convention; that it include in its next report the results of the various programmes aimed at promoting human rights and the activities of the Consultative Council on Human Rights; that it provide detailed information on the number of complaints and their subsequent judicial decisions; and that the Government furnish the Committee with information on the socio-economic indicators on the situation of Berbers, Blacks, nomads, Saharawis and other minorities.
Concerning Jordan, the Committee noted that Jordan's difficult economic situation might affect the full implementation of the International Convention. It recommended that Jordan's next report clarify whether article 12 of the Labour Act derived from an agreement concluded between members of the League of Arab States was applicable to all citizens of those States irrespective of their ethnic or national origin.
Among positive aspects in the report were efforts made by the State to host Palestinian refugees, and to facilitate their integration while retaining their identity. The delegation also recommended that the State party should present in its next report information on the number of complaints, judgements and compensation awards arising from racist acts, regardless of their nature.
On the report of Niger, the Committee welcomed the signing of an agreement in 1995 establishing peace between the Government of Niger and the Armed Resistance Organization. However, concerns were expressed regarding acts of violence perpetrated against persons belonging to certain ethnic groups, particularly the Tubus, and relating to the absence of information on measures aimed at integrating the armed personnel of the Armed Resistance Organization into the regular army and the country's civil activities. Concern was also expressed at the lack of information on foreign refugees in Niger and refugees returning from abroad.
The Committee recommended that the Government of Niger provide it with information on the relations among the various ethnic groups of the country and on efforts to build peaceful and harmonious relations among them. It encouraged the State party to put its penal code in line with the provisions of the International Convention and recommended that the Government include in its next periodic report the results of its efforts on the elimination of racial discrimination; and to include any complaints and subsequent judicial decisions.
The Committee also recommended that Niger furnish information on legislative reforms undertaken to implement the right to freedom of peaceful assembly and association; on political and civil rights; on educational activities; and on economic and social indicators regarding all ethnic groups of the country.
As regards Gabon, the Committee expressed concern over the insufficiency of information on the demographic composition of the population, including the composition of the 40 ethnic entities in the country, the foreign community and the indigenous Pygmy community.
Among other things, the Committee decided to recommend that detailed information be provided by Gabon on the demographic composition of the population; that Gabon provide details on the effective enjoyment by all groups in participating in public life and economic, social and cultural rights; and that it furnish facts on the existing legal mechanisms available to lodge complaints in cases of racial discrimination.
With regards to Cuba, the Committee recognized that the country had experienced serious economic difficulties since the beginning of the nineties that affected the full enjoyment of economic, social and cultural rights, especially by less favoured social groups. Among positive aspects, the Committee appreciated Cuba for its commitment to eliminate all manifestations of racial discrimination, especially through the adoption since 1959 of appropriate legislation, equal opportunity policies and widespread education of the population.
The Committee recommended that Cuba provide, in its next report, more information on the demographic composition of the population. It asked the Government to provide it with information on the number of complaints on racial discrimination, the outcome of the prosecution of cases of racial discrimination and the redress, if any, provided to persons affected by such discrimination. The Committee also recommended that the role of the Attorney-General be clearly explained in dealing with complaints.
Moreover, on the situation in Tonga, the Committee expressed concern at the lack of legislation intended to enforce the provisions contained in article 4 of the International Convention and at the statement contained in the report that Tonga had no expressed policy on the elimination of racial discrimination. It was also concerned that since the International Convention had not been incorporated into the domestic law, it could not be invoked in the courts.
The Committee recommended, among other things, that Tonga provide information on the demographic composition of the population; and details describing the country's political, economic and social framework. It also recommended the adoption of measures to incorporate in the school curricula subjects intended to promote tolerance among different ethnic groups. It suggested that Tonga might wish to avail itself of the technical assistance of the Office of the High Commissioner for Human Rights.
With regard to Nepal, the Committee noted that the widespread poverty and the presence of a large number of refugees from neighbouring countries might affect the full implementation of the International Convention in that country. It expressed concern that despite the Government's abolition of the caste system by law, the system still functioned and appeared embedded in parts of the Nepalese culture. In that connection, the Committee was also concerned at the limitations that that system imposed on the effective enjoyment by all groups of the rights enshrined in the international Convention.
Among other things, the Committee recommended that information be provided by Nepal on the implementation of practical measures to eradicate the practice of the caste system; on the implementation of article 4 of the International Convention, especially on how it was reflected in domestic legislation and applied by judges, lawyers and civil servants; on the effective enjoyment of political and other rights by all ethnic groups; and on the existing legal mechanisms available to lodge complaints in cases of racial discrimination.
Regarding Haiti, which was considered under its review procedure for seriously overdue reports, the Committee, among other things, regretted that Haiti had not responded to its invitations to participate in the meeting and to furnish relevant information; that social differences were very severe and that they had generated discrimination among the population; that Haiti provide it with relevant information on the implementation of legislation prohibiting and sanctioning racial discrimination; and urged Haiti to resume the dialogue with it as soon as possible.
Action Under Early Warning and Urgent Procedures
The Committee has instituted an "early warning and urgent procedures" mechanism that permits it to take measures aimed at preventing existing problems from escalating into conflicts, or to 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 International Convention.
In a decision on Rwanda, the Committee expressed great concern over reports of ethnic violence occurring in the north-west of the country and along the Congolese border; over reports that violence had spread to the central region of the country and across the Congolese border into the Democratic Republic of the Congo; and over the continued flow of arms into the region. It called on all States to enforce applicable arms embargos in the region.
The Committee further noted with concern that the mandate of the United Nations Human Rights Field Operation in Rwanda had come to an end and that Rwanda had refused to approve a new mandate with a mission to monitor human rights. It also expressed its concern over the slow pace of genocide trials and the legal deficiencies, including significant due process concerns. The Committee similarly expressed its grave concern over the deplorable conditions in which those accused of having participated in the genocide were detained.
The Committee welcomed reports that members of the Rwandan Patriotic Army had been tried for grave human rights and humanitarian law violations that appeared to have had an ethnicity motivated character. It called on the Government to give greater cooperation to the work of the International Criminal Tribunal for Rwanda and to take additional steps to publicize its proceedings as a necessary step to overcome the perception of impunity that persisted in much of the country.
On the situation in the Democratic Republic of the Congo, the Committee expressed concern over reports of massacres and other grave human rights violations, including violations of the International Convention, by Government forces in the Democratic Republic of Congo. It further expressed concern that recent developments had again led to grave human rights violations committed by all factions involved in the conflict which, according to reports, were directed against particular ethnic groups.
The Committee deplored the restrictions imposed by the Government on the work of the Special Rapporteur and on the Investigation Team established in accordance with Security Council decision of 8 July 1997. It called upon all the participants in the conflict to immediately end all fighting and, in particular, cease all attacks on or harassment of particular ethnic groups; urged the Government to work closely and strengthen further its cooperation with the Office of the High Commissioner for Human Rights; further urged the Government to allow the Special Rapporteur to resume his investigation; and called the Government to undertake all effort to provide for a safe return of all refugees and displaced person to their homes and property.
With regard to the situation in Bosnia and Herzegovina, the Committee, among other things, underlined that the dialogue with the delegation had permitted it to observe improvements in certain areas; noted the depth of the persisting division reflecting clear patterns of separation based on ethnicity; and stressed the importance of supporting and strengthening for Office of the Federal Ombudsman in its work for human rights and the rule of law.
The Committee also supported the idea of reviewing school books and other educational materials in order to rid them of falsifications of history or incitement of ill-will or contempt towards other peoples and ethnic groups. It said the fate and the situation of the Roma population in Bosnia and Herzegovina required urgent attention and special measures by the authorities and international organizations; and that repatriation of refugees in the hosting countries be considered with caution.
Action on Other Issues
In a decision on Kosovo, the Committee called upon the Government of the Federal Republic of Yugoslavia and the leadership and the Albanian community in Kosovo and Motohija to stop immediately all miliary and par-military activities and hostilities and to enter into negotiations on a just and lasting solution, which should include a status of highest level of autonomy, which would make it possible for everyone to enjoy human rights and in particular to eliminate all forms of racial discrimination.
The Committee affirmed that questions relating to Kosovo and Metohija could be solved only by peaceful political means in accordance with international standards in the field of protection of human rights and in particular for the elimination of all forms of racial discrimination and should be based on respect for the territorial integrity of the Federal Republic of Yugoslavia.
The Committee expressed deep concern over the persisting grave violations in Kosovo and Metohija of basic human rights and the disproportionate use of force by the State party's law enforcement agencies and the military against the Albanian population in Kosovo and Metohija which had resulted in numerous violations of the rights to life, destruction of property and a great number of people being displaced or made refugees, as reported by the United Nations High Commissioner for Refugees.
In a decision related to the preparatory process of the World Conference against Racism and Racial Discrimination, Xenophobia, and Related Intolerance, the Committee indicated that it had commenced considering suggestions for the agenda of the World Conference and ideas the Conference might take into consideration in any declaration and programme of action which it might decide to adopt.
The Committee was of the view that the agenda could include the following topics, among other things: current realities in the aftermath of slavery and colonialism; impact of economic globalization and racial equality; treatment of migrants, refugees, asylum-seekers and displaced persons; prevention of racial discrimination, including early warning and urgent procedures; prevention of racial discrimination through education; remedies, redress mechanisms and reparation for racial discrimination; international mechanisms for the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination and their progress development; and combatting hate speech.
The Government of Australia was requested to inform the Committee by 15 January 1999 on the changes recently projected to the 1993 Native Title Act, on any changes of policy as to Aboriginal land rights, and of the functions of the Aborigines and Torres Strait Islanders Social Justice Commissioner.
It also decided to request the Government of Czech Republic to provide the Committee with information on the reports that certain municipalities were contemplating measures for the physical segregation of some residential units housing Roma families.
Submission of Reports
Under article 9 of the International 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 International 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 International 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 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, Spain, 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); 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.