COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES PUBLIC DISCUSSION ON REPORT OF AUSTRIA

CERD
60th session
8 March 2002
Morning







Considers Situation in Solomon Islands Under Its Review Procedure


The Committee on the Elimination of Racial Discrimination this morning concluded its public discussion on a fourteenth periodic report from Austria with an Expert stressing that the issue of citizens' rights in comparison with non-citizens rights should remain at the heart of the dialogue between Austria and the Committee.

Mario Jorge Yutzis, the Committee Expert who acted as country rapporteur to the report of Austria, stressed that the situation of minorities should be handled within the framework of relevant international and regional instruments; it was fundamental to establish statistical data that would indicate how the minorities were participating in State affairs; and although any individual had the right not to answer to a question pertaining to ethnic belonging, the State had to have information by evaluating the general situation of the minorities.

Responding to a series of questions raised by the Committee Experts, the members of the Austrian delegation said the different treatment of foreigners was based on regional preferences and not for the purpose of discrimination. The differentiation between various categories of foreigners according to their nationality was based on the rights of European Union nationals enshrined in the agreement on the European Economic Area (EEA), they said.

The delegation also said that Austria had pledged substantial amounts of money to the Vienna-based European Monitoring Centre for Racism and Xenophobia; and the State continued to support the activities of the Centre on a permanent basis.

The following Committee members also participated in the discussion: Yuri A. Reshetov, Alexander Sicilianos, Mahmoud Aboul-Nasr, Regis de Gouttes, Nourredine Amir, Patricia Nozipho January-Bardill and Ion Diaconu.

The Committee will issue its concluding observations and recommendations on the report of Austria before the end of its three-week session to be concluded on 22 March.

As one of the 161 States parties to the Convention, Austria is expected to present periodic reports to the Committee for its consideration of the situation on how the provisions of the treaty are implemented by the State. A 5-member Austrian delegation was on hand during the two meetings to introduce the report and to answer questions raised by Committee members.

Also this morning, the Committee briefly considered the situation in the Solomon Islands under its review procedure. The State party has not submitted a report since 1983.

Patricia Nozipho January-Bardill, the Committee Expert who served as country rapporteur to the situation in the Solomon Islands, recommended that the Committee adopt similar concluding observations as those it had adopted for Liberia during its last session in which it decided to remain seized with the situation in Liberia under the Committee's early warning and urgent action procedures.

When the Committee reconvenes at 3 p.m., it will take up the report of Qatar.


esponse of Austria

Responding to a series of questions raised by the Committee Experts, the members of the Austrian delegation said different treatment of foreigners was based on regional preferences and not for the purpose of discrimination. The differentiation between various categories of foreigners according to their nationality was based on the rights of European nationals enshrined in the agreement on the European Economic Area (EEA).

The delegation said that there was a general obligation at all levels of Austrian schools to teach human rights. Special education was also provided on non-discrimination and other human rights values.

Asked about the number of minorities in professional occupations, the delegation said that the Government did not keep statistical data on the number of minorities holding various categories of professional posts. However, the Government was aware of their integration and their involvement in all professional areas without any hindrance.

Austria had pledged substantial amounts of money to the Vienna-based European Monitoring Centre for Racism and Xenophobia, the delegation said. The State continued to support the activities of the Centre on a permanent basis. In addition, a national coordination unit was established to support the Centre and the Austrian members of its administrative council.

The Roma children were no more kept in special schools, the delegation said; and several Roma associations had been assisting pupils with learning difficulties by relying on subsidies from the Federal Chancellery's Minority Assistance Fund. Statistical data on Roma would be provided in writing and would be included in the next report.

For the purpose of privacy, the census conducted in Austria did not distinguish the ethnic identities of citizens, the delegation said. For that reason, it was difficult to present complete data on the number of each autochthonous minority. Nevertheless, all members of the minorities enjoyed the same quality of treatment by the State.

Asylum seekers from Africa were not separated from others as it was alluded to by one of the Committee Experts, the delegation said. In addition, the provision of care for all asylum seekers depended on the discretion of the authorities. However, the situation was being discussed at present. Police officers were seen by citizens as guarantors of human rights, the delegation said, adding that further training was provided to police officers and other law-enforcing agents on human rights.

The delegation said that 86 per cent of cases of racially motivated offences were attributed to right-wing extremists; 13 per cent to racist or xenophobic acts; and less than one per cent to Anti-Semitism.

Following the response of Austria, the Committee Experts raised follow-up questions on such issues as the status of the "new minorities"; the breakdown of the demographic composition of the population; preferential treatment of nationals of some states; and affirmative actions favouring minority languages, among other things.

In response to the questions, the delegation said that it was not important who joined the police force as long as they fulfilled the requirements. The presence of minorities in the police force was desirable but since there was no distinction of ethnicity, it was difficult to indicate if there were members of minorities in the police.

Asked if there were serious problems in Austria after 11 September, the delegation said that no major problems had arisen and that Muslims or Arabs in the country continued to live as before.

The delegation said it would provide more statistical data in the next report, including gender-related racial discrimination.

MARIO JORGE YUTZIS, the Committee Expert who acted as country rapporteur to the report of Austria, said that the situation of minorities should be handled within the framework of relevant international and regional instruments. Concerning demographic data, it was fundamental to establish basic figures that would indicate how the minorities were taking part in the activities of the society. The data should show the number of members of minorities going to school and taking higher posts. Although any individual had the right not to answer to a question pertaining to ethnic belonging, the State had to have information by evaluating the general situation of the minorities. He stressed that the issue of citizenship rights in comparison to non-citizens rights should stay at the heart of the dialogue between the Austria and the Committee


Review of Situation of Solomon Islands

PATRICIA NOZIPHO JANUARY-BARDILL, the Committee Expert who served as country rapporteur to the situation in the Solomon Islands, said that the country had not submitted a report since 1983. The Committee had made efforts to establish communications with the authorities so that a dialogue would be started. The Committee had also suggested to the State that it avail itself of technical assistance offered by the Office of the High Commissioner for Human Rights to submit an updated report drafted in accordance with reporting guidelines. That had not yet happened.

Referring to a number of sources, Ms. January-Bardill said that continued violations of human rights had been taking place in the Solomon Islands, including internal displacement, hostage taking, killings, torture, rape, looting and burning of villages as the conflict between the armed movements continued. A new Government was elected into power in December 2001 and had promised to rehabilitate the country, in particular the economic, political and security problems the Solomon Islands was facing. She recommended that the Committee establish communication with the new Government, requesting that it comply with the article 9 of the Convention, and encouraging the State party to once again seek technical assistance from the Office of the High Commissioner for Human Rights. She further recommended that the Committee adopt similar concluding observations as those it had adopted for Liberia during its last sitting in which it decided to remain seized with the situation in Liberia under the Committee's early warning and urgent action procedures.






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