COMMITTEE ON ELIMINATION OF RACIAL
DISCRIMINATION CONCLUDES
REVIEW OF REPORT OF HAITI
03 August 1999
MORNING
HR/CERD/99/34
3 August 1999
Hears Report on Upcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
The Committee on Elimination of Racial Discrimination (CERD) concluded consideration this morning of a report of Haiti, hearing assurances from the country’s Minister of Justice that the Government was carrying out judicial reforms to enable more access to the courts for average citizens and in general to “bring justice to the people”.
Responding to questions raised by Committee members, the Minister, Camille Leblanc, also said the Government had taken measures to combat all forms of racial discrimination.
The Committee will issue formal, written recommendations on the report of Haiti towards the end of its four-week session, which concludes 27 August.
The following Committee experts participated in the discussion: Mahmoud Aboul-Nasr, Ivan Garvalov, Regis de Gouttes, Agha Shahi, Carlos Lechuga Hevia, Eduardo Ferrero Costa, Michael P. Banton, Theodoor van Boven, Michael E. Sherifis and Rudiger Wolfrum.
As one of 155 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination, Haiti must submit periodic reports to the Committee on efforts to put the treaty into effect.
Also this morning, the Committee discussed the report of its Contact Group on the sessional open-ended working group of the Commission on Human Rights for the upcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.
When the Committee reconvenes at 3 p.m., it will take up a report of Romania (document CERD/C/363/Add.1).
Discussion
Camille Leblanc, Minister of Justice of Haiti, responding to a number of questions raised by Committee experts during the previous meeting, and other members of the Haitian delegation, said the Government had continued to take legislative and administrative measures designed to implement the provisions of the Convention. Despite that, some problems persisted in a society where the colour of the skin played a role in obtaining certain privileges. The Government had launched programmes to end such discrimination.
On the issue of access to justice, the problem was mainly a question of distance instead of institutional handicaps, the Minister said, adding that the Government was bringing justice closer to the population. Many people lived in remote areas where access to justice was inconvenient. Particularly after the coup d'etat earlier in the decade, many had fled the country to escape repression. All those who left the country had had to sell all they had in their possession to finance the exodus. This had exacerbated their already poverty-stricken situations.
Mr. Leblanc said the text of the Convention had not been translated into Creole, as it had into French, because of financial shortcomings. Its translation and dissemination was envisaged as part of Government efforts to eliminate racial bias in the country. The Government needed technical assistance to translate the Convention into Haiti’s other official language - Creole - and to integrate it into the educational system.
An expert asked whether other religions other than Catholicism, “Reformed” forms of worship and Voodoo were allowed to operate; and requested further explanation on the Government assertion that "all religions and all forms of worship are free, provided that they do not disturb public order".
The Minister said that by "public order", the Government intended to prevent certain religious sects from abusing public order which might disturb the tranquillity of the population during the day and night. The practices of some sects might impede people from going to work and might affect family relations, which would have a negative result for society; and the Government had taken measures to prevent such problems.
A question was asked about the status of the Voodoo religion, to which the representative said it was a religion followed by many Haitians for a long time. Its practice did not hinder other religions, which existed in Haiti on an equal footing.
Concerning the administration of justice, the Justice Minister said the Government was carrying out judicial reforms in addition to efforts to train and appoint judges. The Government believed that the courts should be “nearer” to the population and should bring justice to the people.
YURI A. RECHETOV, Committee expert serving as country rapporteur on the report of Haiti, said some of the explanations provided by the head of the delegation were evasive, especially concerning the administration of justice. The ethnic breakdown of the Haitian population had not been well explained, either by the report or by the delegation. He urged the delegation to give more attention to the requests for information of the experts and said further information should be submitted to the Committee on racial issues in Haiti. He said he was encouraged to hear that the next periodic report would contain more detailed information on measures taken by the Government to combat racial discrimination.
Report on World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
IVAN GARVALOV, Committee Expert and Chairperson of the Committee's Contact Group with the working group to review and formulate proposals for a World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, said the open-ended working group of the Commission on Human Rights had met from 24 to 26 March 1999. The Contact Group, which also included Committee Experts Gay McDougall and Mario Yutzis, actively participated in the deliberations of the working group and emphasized the primary role of the Committee as the most appropriate body within the United Nations system to be the foundation and the cornerstone for the World Conference.
Mr. Garvalov said the Contact Group members had focused on the positive impact of the Committee's concluding observations, certain follow-up actions, general recommendations and specific decisions in relation to country reports. It also had highlighted the importance of the Committee's Decision 9, which developed the Committee's initial suggestions for a World Conference, such as prevention of racism through education and the media; issues of exclusion and marginalization in multi-racial societies where race was largely defined by skin colour; discrimination based on ethnic divisions; the treatment of migrants, refugees, asylum-seekers and displaced persons; the implications of economic globalization on the achievement of racial equality worldwide; and other matters.
Mr. Garvalov said the Contact Group also suggested that the Committee on the Elimination of Racial Discrimination, in consultation with States parties and regional organizations, could prepare a background document, a study that would survey contemporary forms and manifestations of racial discrimination in each geographical region and which would identify the best practices for combatting racism in each region.
HR/CERD/99/34
3 August 1999
Hears Report on Upcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
The Committee on Elimination of Racial Discrimination (CERD) concluded consideration this morning of a report of Haiti, hearing assurances from the country’s Minister of Justice that the Government was carrying out judicial reforms to enable more access to the courts for average citizens and in general to “bring justice to the people”.
Responding to questions raised by Committee members, the Minister, Camille Leblanc, also said the Government had taken measures to combat all forms of racial discrimination.
The Committee will issue formal, written recommendations on the report of Haiti towards the end of its four-week session, which concludes 27 August.
The following Committee experts participated in the discussion: Mahmoud Aboul-Nasr, Ivan Garvalov, Regis de Gouttes, Agha Shahi, Carlos Lechuga Hevia, Eduardo Ferrero Costa, Michael P. Banton, Theodoor van Boven, Michael E. Sherifis and Rudiger Wolfrum.
As one of 155 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination, Haiti must submit periodic reports to the Committee on efforts to put the treaty into effect.
Also this morning, the Committee discussed the report of its Contact Group on the sessional open-ended working group of the Commission on Human Rights for the upcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.
When the Committee reconvenes at 3 p.m., it will take up a report of Romania (document CERD/C/363/Add.1).
Discussion
Camille Leblanc, Minister of Justice of Haiti, responding to a number of questions raised by Committee experts during the previous meeting, and other members of the Haitian delegation, said the Government had continued to take legislative and administrative measures designed to implement the provisions of the Convention. Despite that, some problems persisted in a society where the colour of the skin played a role in obtaining certain privileges. The Government had launched programmes to end such discrimination.
On the issue of access to justice, the problem was mainly a question of distance instead of institutional handicaps, the Minister said, adding that the Government was bringing justice closer to the population. Many people lived in remote areas where access to justice was inconvenient. Particularly after the coup d'etat earlier in the decade, many had fled the country to escape repression. All those who left the country had had to sell all they had in their possession to finance the exodus. This had exacerbated their already poverty-stricken situations.
Mr. Leblanc said the text of the Convention had not been translated into Creole, as it had into French, because of financial shortcomings. Its translation and dissemination was envisaged as part of Government efforts to eliminate racial bias in the country. The Government needed technical assistance to translate the Convention into Haiti’s other official language - Creole - and to integrate it into the educational system.
An expert asked whether other religions other than Catholicism, “Reformed” forms of worship and Voodoo were allowed to operate; and requested further explanation on the Government assertion that "all religions and all forms of worship are free, provided that they do not disturb public order".
The Minister said that by "public order", the Government intended to prevent certain religious sects from abusing public order which might disturb the tranquillity of the population during the day and night. The practices of some sects might impede people from going to work and might affect family relations, which would have a negative result for society; and the Government had taken measures to prevent such problems.
A question was asked about the status of the Voodoo religion, to which the representative said it was a religion followed by many Haitians for a long time. Its practice did not hinder other religions, which existed in Haiti on an equal footing.
Concerning the administration of justice, the Justice Minister said the Government was carrying out judicial reforms in addition to efforts to train and appoint judges. The Government believed that the courts should be “nearer” to the population and should bring justice to the people.
YURI A. RECHETOV, Committee expert serving as country rapporteur on the report of Haiti, said some of the explanations provided by the head of the delegation were evasive, especially concerning the administration of justice. The ethnic breakdown of the Haitian population had not been well explained, either by the report or by the delegation. He urged the delegation to give more attention to the requests for information of the experts and said further information should be submitted to the Committee on racial issues in Haiti. He said he was encouraged to hear that the next periodic report would contain more detailed information on measures taken by the Government to combat racial discrimination.
Report on World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
IVAN GARVALOV, Committee Expert and Chairperson of the Committee's Contact Group with the working group to review and formulate proposals for a World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, said the open-ended working group of the Commission on Human Rights had met from 24 to 26 March 1999. The Contact Group, which also included Committee Experts Gay McDougall and Mario Yutzis, actively participated in the deliberations of the working group and emphasized the primary role of the Committee as the most appropriate body within the United Nations system to be the foundation and the cornerstone for the World Conference.
Mr. Garvalov said the Contact Group members had focused on the positive impact of the Committee's concluding observations, certain follow-up actions, general recommendations and specific decisions in relation to country reports. It also had highlighted the importance of the Committee's Decision 9, which developed the Committee's initial suggestions for a World Conference, such as prevention of racism through education and the media; issues of exclusion and marginalization in multi-racial societies where race was largely defined by skin colour; discrimination based on ethnic divisions; the treatment of migrants, refugees, asylum-seekers and displaced persons; the implications of economic globalization on the achievement of racial equality worldwide; and other matters.
Mr. Garvalov said the Contact Group also suggested that the Committee on the Elimination of Racial Discrimination, in consultation with States parties and regional organizations, could prepare a background document, a study that would survey contemporary forms and manifestations of racial discrimination in each geographical region and which would identify the best practices for combatting racism in each region.