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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES REVIEW OF SITUATION IN SYRIAN ARAB REPUBLIC
12 March 1999
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MORNING
HR/CERD/99/18
11 March 1999
Committee Considers Situation in Czech Republic
The Committee on the Elimination of Racial Discrimination this morning concluded its consideration of a periodic report presented by the Syrian Arab Republic on its compliance with the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
The Committee will issue its formal, written concluding observations and recommendations on the report of the Syrian Arab Republic towards the end of its three-week session, which concludes on 19 March. Agha Shahi, the Committee expert who served as rapporteur to the report, said the Government of Syria could avail itself to international technical and advisory assistance in order to be able to follow the Committee's guidelines in preparing periodic reports.
Also this morning, under its early warning measures and urgent action procedures, the Committee considered the situation in the Czech Republic. It heard the responses of Czech Government officials on the decision of local authorities to build fences to physically separate some residential units housing Roma families. Ion Diaconu, the Committee expert who served as country rapporteur to the situation in the Czech Republic, said that if the Government authorities viewed the situation as grave and alarming, they would have nullified the decision of the local authorities.
Committee experts Régis de Gouttes, Yuri A. Rechetov, Gay McDougall, Michael E. Sherifis and Ivan Garvalov also participated in the debate.
The Syrian Arab Republic and the Czech Republic are among the 153 States parties to the Convention and are obliged to submit periodic reports to the Committee on how they are implementing the treaty. They should also submit information whenever the Committee deems it necessary.
When the Committee reconvenes at 3 p.m. it will first conclude its consideration of the situation in the Czech Republic before taking up the report of Costa Rica.
Discussion of Syrian Report
In response to numerous questions raised by Committee experts yesterday, the delegation of the Syrian Arab Republic said that foreigners aspiring to the Syrian nationality should fulfil certain requirements set by the law of nationality. Children born in the territory with one Syrian parent or children born to stateless parents could obtain Syrian nationality. Other persons born outside the country of a Syrian father were also entitled to Syrian nationality. However, the authorities should carry out investigations to verify the birth place and the legal residency of the individual applying to be considered for nationality.
The delegation stressed that the strict application of the nationality law was to prevent foreigners from illegally penetrating Syrian territory with the purpose of becoming Syrian citizens. Some Kurds, for example, continued to illegally enter the country from the northern frontiers and mingle with other Syrian Kurds. The Government was unable to consider the totally of Kurds as Syrians. An issue that had been raised erroneously yesterday concerned Kurdish refugees who entered the country illegally due the persecution in neighbouring countries.
Concerning the living conditions of Kurds in Syria, the delegation said that they all fully enjoyed their rights as citizens. In addition, although the official language was Arabic, Kurds could use their own vernacular in their circles. They also perpetuated their cultural identity and could practice their folkloric dances. Furthermore, the Kurds held numerous important political and administrative positions in the country.
With regard to the Jewish community, the delegation said that the allegation that Jews were treated differently was unjustified. Syrian Jews lived very comfortably and worked in all professions as teachers, medical doctors and luxury shopkeepers, among others. They were not required to perform military service and no special restrictions were placed on their travels outside the country. The vast majority left the country of their own accord, said the delegation.
In order to preserve the identity of Palestinians living on its soil, the Government of Syria did not allow them to take the Syrian nationality. Instead, special travel documents were issued to enable them to travel abroad. In 1996, 351,189 Palestinians were registered with the General Agency for Palestine Arab Refugees. Those persons retained their Palestinian
identity and nationality, as well as the right to return to their country and their homes. During their stay in Syria, the Government provided them with every facility for residence and employment.
AGHA SHAHI, the Committee expert who served as country rapporteur to the report of Syria, said that the Government had done a lot to improve the condition of women by promoting their cause. The Government's efforts to ameliorate the economic, social and cultural rights of its citizens was also to be appreciated.
Mr. Shahi said that the dialogue held with the members of delegation was fruitful and encouraging. However, with regard to the state of emergency, the response provided by the State party was unsatisfactory. The state of emergency meant that there was a draconian increase in the power of the executive of the Government. There had been detentions of Lebanese, Palestinians and Syrian nationals in application of the emergency decree, and certain rights under the Convention and the human rights covenants had been affected.
Mr. Shahi said that the strict application of the guidelines of the Committee would have allowed the State party to logically observe the progress made in the implementation of the Convention. The seventh report of Syria had been a detailed one while the present fifteenth report was scarce and without much information. If there was a real burden on the part of the Government, it could avail itself to United Nations technical and advisory assistance in its preparation of periodic reports, he said.
Report of the Czech Republic
The report of the Czech Republic (document CERD/C/348) was submitted under the Committee's early warning measures and urgent action procedures following its request of 11 August 1998. The request was made for information on the measures that were being contemplated in certain municipalities and that could lead to a physical isolation of some residential units housing Roma families. The report says that aside from the situation in Maticni street in Nestemice, Usti nad Labem, in North Bohemia, the Government is not aware of any other efforts in the Czech Republic to subject the Roma to certain forms of isolation. According to the report, with the fence in place, the tenants will not have direct access to Maticni Street from the residential blocks.
Discussion of Situation in the Czech Republic
PETR UHL, Representative of the Czech Republic for Human Rights and head of the delegation, said that the situation in Maticni Street, Nestemice, did not suggest physical isolation of the tenants in the two residential blocks that were to be separated from the street by a fence 1.8 metres high, without gates.
Mr. Uhl said that the measure would affect approximately 150 persons
belonging to 35 families living in the blocks, 90 per cent of whom were Roma. These families had been allocated flats with minimum basic conveniences in the two residential blocks by the local authority following eviction from their former homes due to non-payment of rent. The local Government intended to build new footpaths for those families on the other side of the blocks that would give then access to the main street at a point other than the present access.
Mr. Uhl said that the Czech Government viewed the proposal of the local authority as grave and alarming. The measure might infringe on the human rights, dignity and equality before the law of the inhabitants without distinction as to social and ethnic origin or property. He said he had visited the place and had held talks with members of the local Government and with the Roma. If the situation did not change, the Government had the possibility to initiate legal procedures against the local authority. However, the Government had refrained from putting the locally elected authority in a humiliating and conflicting situation. Recent statements of certain members of the local authority in Nestemice had suggested that the decision to erect the fence might be revoked, he said.
ION DIACONU, the Committee expert who served as country rapporteur to the situation in the Czech Republic, said that the Government, in its response, had viewed the proposal of the local authority as grave and alarming. The Government had also sent its Representative to discuss with the local authority the decision to build the fence. However, the Government had decided to take legal measures if the local authorities started to build the fence. The Government should have declared the decision to build the fence illegal and should have requested its annulation. The country's constitutional system provided that the higher authority could nullify a local decision, he said.
HR/CERD/99/18
11 March 1999
Committee Considers Situation in Czech Republic
The Committee on the Elimination of Racial Discrimination this morning concluded its consideration of a periodic report presented by the Syrian Arab Republic on its compliance with the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
The Committee will issue its formal, written concluding observations and recommendations on the report of the Syrian Arab Republic towards the end of its three-week session, which concludes on 19 March. Agha Shahi, the Committee expert who served as rapporteur to the report, said the Government of Syria could avail itself to international technical and advisory assistance in order to be able to follow the Committee's guidelines in preparing periodic reports.
Also this morning, under its early warning measures and urgent action procedures, the Committee considered the situation in the Czech Republic. It heard the responses of Czech Government officials on the decision of local authorities to build fences to physically separate some residential units housing Roma families. Ion Diaconu, the Committee expert who served as country rapporteur to the situation in the Czech Republic, said that if the Government authorities viewed the situation as grave and alarming, they would have nullified the decision of the local authorities.
Committee experts Régis de Gouttes, Yuri A. Rechetov, Gay McDougall, Michael E. Sherifis and Ivan Garvalov also participated in the debate.
The Syrian Arab Republic and the Czech Republic are among the 153 States parties to the Convention and are obliged to submit periodic reports to the Committee on how they are implementing the treaty. They should also submit information whenever the Committee deems it necessary.
When the Committee reconvenes at 3 p.m. it will first conclude its consideration of the situation in the Czech Republic before taking up the report of Costa Rica.
Discussion of Syrian Report
In response to numerous questions raised by Committee experts yesterday, the delegation of the Syrian Arab Republic said that foreigners aspiring to the Syrian nationality should fulfil certain requirements set by the law of nationality. Children born in the territory with one Syrian parent or children born to stateless parents could obtain Syrian nationality. Other persons born outside the country of a Syrian father were also entitled to Syrian nationality. However, the authorities should carry out investigations to verify the birth place and the legal residency of the individual applying to be considered for nationality.
The delegation stressed that the strict application of the nationality law was to prevent foreigners from illegally penetrating Syrian territory with the purpose of becoming Syrian citizens. Some Kurds, for example, continued to illegally enter the country from the northern frontiers and mingle with other Syrian Kurds. The Government was unable to consider the totally of Kurds as Syrians. An issue that had been raised erroneously yesterday concerned Kurdish refugees who entered the country illegally due the persecution in neighbouring countries.
Concerning the living conditions of Kurds in Syria, the delegation said that they all fully enjoyed their rights as citizens. In addition, although the official language was Arabic, Kurds could use their own vernacular in their circles. They also perpetuated their cultural identity and could practice their folkloric dances. Furthermore, the Kurds held numerous important political and administrative positions in the country.
With regard to the Jewish community, the delegation said that the allegation that Jews were treated differently was unjustified. Syrian Jews lived very comfortably and worked in all professions as teachers, medical doctors and luxury shopkeepers, among others. They were not required to perform military service and no special restrictions were placed on their travels outside the country. The vast majority left the country of their own accord, said the delegation.
In order to preserve the identity of Palestinians living on its soil, the Government of Syria did not allow them to take the Syrian nationality. Instead, special travel documents were issued to enable them to travel abroad. In 1996, 351,189 Palestinians were registered with the General Agency for Palestine Arab Refugees. Those persons retained their Palestinian
identity and nationality, as well as the right to return to their country and their homes. During their stay in Syria, the Government provided them with every facility for residence and employment.
AGHA SHAHI, the Committee expert who served as country rapporteur to the report of Syria, said that the Government had done a lot to improve the condition of women by promoting their cause. The Government's efforts to ameliorate the economic, social and cultural rights of its citizens was also to be appreciated.
Mr. Shahi said that the dialogue held with the members of delegation was fruitful and encouraging. However, with regard to the state of emergency, the response provided by the State party was unsatisfactory. The state of emergency meant that there was a draconian increase in the power of the executive of the Government. There had been detentions of Lebanese, Palestinians and Syrian nationals in application of the emergency decree, and certain rights under the Convention and the human rights covenants had been affected.
Mr. Shahi said that the strict application of the guidelines of the Committee would have allowed the State party to logically observe the progress made in the implementation of the Convention. The seventh report of Syria had been a detailed one while the present fifteenth report was scarce and without much information. If there was a real burden on the part of the Government, it could avail itself to United Nations technical and advisory assistance in its preparation of periodic reports, he said.
Report of the Czech Republic
The report of the Czech Republic (document CERD/C/348) was submitted under the Committee's early warning measures and urgent action procedures following its request of 11 August 1998. The request was made for information on the measures that were being contemplated in certain municipalities and that could lead to a physical isolation of some residential units housing Roma families. The report says that aside from the situation in Maticni street in Nestemice, Usti nad Labem, in North Bohemia, the Government is not aware of any other efforts in the Czech Republic to subject the Roma to certain forms of isolation. According to the report, with the fence in place, the tenants will not have direct access to Maticni Street from the residential blocks.
Discussion of Situation in the Czech Republic
PETR UHL, Representative of the Czech Republic for Human Rights and head of the delegation, said that the situation in Maticni Street, Nestemice, did not suggest physical isolation of the tenants in the two residential blocks that were to be separated from the street by a fence 1.8 metres high, without gates.
Mr. Uhl said that the measure would affect approximately 150 persons
belonging to 35 families living in the blocks, 90 per cent of whom were Roma. These families had been allocated flats with minimum basic conveniences in the two residential blocks by the local authority following eviction from their former homes due to non-payment of rent. The local Government intended to build new footpaths for those families on the other side of the blocks that would give then access to the main street at a point other than the present access.
Mr. Uhl said that the Czech Government viewed the proposal of the local authority as grave and alarming. The measure might infringe on the human rights, dignity and equality before the law of the inhabitants without distinction as to social and ethnic origin or property. He said he had visited the place and had held talks with members of the local Government and with the Roma. If the situation did not change, the Government had the possibility to initiate legal procedures against the local authority. However, the Government had refrained from putting the locally elected authority in a humiliating and conflicting situation. Recent statements of certain members of the local authority in Nestemice had suggested that the decision to erect the fence might be revoked, he said.
ION DIACONU, the Committee expert who served as country rapporteur to the situation in the Czech Republic, said that the Government, in its response, had viewed the proposal of the local authority as grave and alarming. The Government had also sent its Representative to discuss with the local authority the decision to build the fence. However, the Government had decided to take legal measures if the local authorities started to build the fence. The Government should have declared the decision to build the fence illegal and should have requested its annulation. The country's constitutional system provided that the higher authority could nullify a local decision, he said.
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