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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES SEVENTY-FOURTH SESSION
06 March 2009
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Committee on the Elimination
of Racial Discrimination
6 March 2009
ROUNDUP
Issues Concluding Observations on Reports of Tunisia, Bulgaria, Republic of Congo,
Pakistan, Turkey, Suriname, Finland, Croatia and Montenegro
The Committee on the Elimination of Racial Discrimination has concluded its three-week seventy-fourth session, making public its concluding observations and recommendations on the reports of Tunisia, Bulgaria, Republic of Congo, Pakistan, Turkey, Suriname, Finland, Croatia and Montenegro, which were considered at this session.
The Committee also reviewed the country situation in Gambia, in the absence of a delegation, under the Committee's review procedure for States parties whose reports were more than five years' overdue, and adopted concluding observations in the absence of a report. Gambia had not submitted a report for 30 years, since its first report in 1980, and it had not responded to any of the Committee’s letters or requests for information since then. The Concluding observations reiterated that reporting was an obligation of State parties under the Convention and that non-compliance in that regard “created serious obstacles to the effective functioning of the system established to monitor the implementation of the Convention at the national level”. Gambia was urged to prepare and submit, without further delay, its overdue reports under the Convention.
At its opening meeting, the Committee heard an update from the High Commissioner for Human Rights on developments in the area of human rights of relevance to the Committee, including the upcoming Durban Review Conference, which would be held in Geneva from 20 to 24 April 2009. The Committee also adopted a document containing its contribution to the Durban Review, in which it was requested, inter alia, to address the issue of whether complementary standards were necessary to strengthen and update the Convention.
Also during this session, the Committee continued its thematic debate on States’ obligation to undertake “special measures” to ensure the adequate development and protection of certain racial groups or individuals and it was decided that two Committee members should begin drafting a General Comment on this issue.
Near the end of its session, the Committee discussed reports presented by Committee Members on follow-up to the Committee's concluding observations concerning the two countries for which replies had been received – Bosnia and Herzegovina and Republic of Korea. It also discussed several situations in the context of the Committee's early warning and urgent action procedure.
At its final meeting, the Committee heard a presentation by Committee Member Patrick Thornberry of the report of the Working Group on Early Warning and Urgent Action Procedures, providing details of follow-up on a number of situations in Australia, Canada, El Salvador, India, Indonesia, the Lao People’s Democratic Republic, Nepal, Peru and Tanzania. All of those cases involved indigenous peoples, Mr. Thornberry underscored, singling out the situation of the Hmong minority in the Lao People’s Democratic Republic as perhaps the most urgent – a position supported by a number of other Committee Members. In a general way, as these cases all related to indigenous populations, the Committee should insist on the need to harmonize development objectives with respect for indigenous rights. In accordance with its usual practice, the Committee decided to send the letters proposed by the Working Group to the various countries mentioned.
The Committee’s seventy-fifth session will take place from 3 to 28 August 2009, when it will take up the reports of Chad, Poland, Colombia, Azerbaijan, Greece, Monaco, Chile, China, the United Arab Emirates, Philippines, Ethiopia, Peru and Panama. It will also consider the situations of Maldives and Kuwait, under its review procedure for States whose reports are very overdue.
Concluding Observations and Recommendations on Country Reports
Tunisia
After a review of the combined eighteenth and nineteenth periodic reports of Tunisia, the Committee noted with interest that the High Committee on Human Rights and Fundamental Freedoms had been reformed in 2008 to increase its effectiveness and independence in conformity with the Paris Principles and welcomed steps taken with a view to applying for its accreditation with the International Coordination Committee. The Committee gladly received the various measures taken at all levels of teaching to promote tolerance and friendship among peoples, and noted with interest that human rights were taught at the High Institute for the Judiciary, the Superior School for Penitentiary Administration Officials and the School for National Security Officers. Welcome also were the continuing efforts of Tunisia to promote understanding, tolerance and friendship among peoples, civilizations and religions and praiseworthy efforts to reduce poverty, better conditions in the least-favoured areas, to fight illiteracy and to ensure equality between men and women in Tunisian society.
The Committee noted once again the gap between the Government’s position that Tunisia was a homogenous society and information provided by the State party itself regarding the existence of different groups, such as the Berbers or populations from sub-Saharan Africa that were living in Tunisia. Similarly, despite the Committee’s recommendations made in 2003, Tunisia had reaffirmed in its report that racial discrimination did not exist in Tunisia. The Committee was also concerned about the absence of specific legislation on refugees and on the refoulement of refugees, as well as reports of delays in issuing and renewing permits for refugees. The Committee had a number of concerns about the Amazigh population, including reports of a prohibition on registration of Amazigh names in the civil register; that Amazighs did not have the right to establish social and cultural institutions; and that Amazighs were otherwise prevented from preserving or expressing their cultural and linguistic identity. It was also duly noted that, despite the reception of 4,100 complaints by the High Committee on Human Rights and Fundamental Freedoms, the delegation affirmed that no complaints had been made concerning racial discrimination.
Given the absence of precise statistics on the ethnic composition of Tunisia, the Committee recommended that estimates of the ethnic composition be furnished in future reports, taking into consideration the Committee’s General Recommendation on self-identification of racial and ethnic groups. Given that acts of racial discrimination often persisted despite Government policies to the contrary, the Committee also recommended that Tunisia undertake studies to concretely evaluate the de facto existence of racial discrimination committed by persons, groups or organizations. With regard to the Amazighs, the Committee invited Tunisia to take efforts to promote and protect Amazigh culture as a living culture and to take measures, in particular in the domain of education, to encourage study of the history, language and culture of the Amazighs. It further recommended that Tunisia consider the possibility of broadcasting programmes in the Amazigh language on public stations.
Bulgaria
Having considered the combined fifteenth to nineteenth periodic reports of Bulgaria, the Committee welcomed the quality of its penal legislation criminalizing acts of racial discrimination. It noted that Bulgaria had established different organs and institutions to combat discrimination, such as the Commission for Protection against Discrimination, the Ombudsman and the National Council on Ethnic and Demographic Issues, and noted with satisfaction that Bulgaria had implemented programmes for the integration of minorities, the education and teaching of Roma children, the promotion of the ethnic minority languages, as well as activities to prevent racial discrimination taken by the State agents and the police. Furthermore, the Committee welcomed Bulgaria’s declaration under article 14 of the Convention (allowing the Committee to consider individual communications on violations of rights under the Convention), as well as its ratification of the European Council Framework Convention for the Protection of National Minorities.
The Committee was concerned about the low level of representation of persons belonging to minority groups, particularly the Roma, in public administration bodies, the Army and the police, which might be a result of discrimination in the selection and recruitment process. The Committee enumerated a number of concerns about the Roma minority, including the customary practice of placing Roma children in special schools reserved for handicapped children; obstacles encountered by the Roma minority in access to work, housing, health care and education; and instances of ill-treatment and use of excessive force by the police in cases involving persons belonging to minority groups, and particularly the Roma. Further concerns included the fact that there were still few prosecutions carried out under penal provisions regarding racist acts and information received of instances of the propagation of racist stereotypes, hate speech against minority groups by some organizations, press and media outlets, and political parties, notably the “ATAKA” party, as well as acts of hate and racism carried out against minorities by Neo-Nazi Skinhead groups.
The Committee recommended that Bulgaria strengthen the role of the various organs and institutions charged with combating discrimination, in particular the Commission for Protection against Discrimination, with regard to receiving complaints, undertaking investigations, imposing sanctions and providing assistance to victims. It also requested further information on the independence of the Ombudsman’s Office and the role of the National Council on Ethnic and Demographic Issues. The Committee recommended that Bulgaria continue to take special measures to better the living situation of the Roma and to facilitate their access to work, health care, housing and education. It also recommended that an independent organ be put in place by the Minister of the Interior to handle complaints against the police, so as to handle such complaints in an objective manner. Finally, the Committee recommended that Bulgaria take effective measures to sanction organizations, press and media organs and political parties that propagated racist stereotypes and hate, while at the same time taking measures to promote tolerance between ethnic groups.
Republic of Congo
Among positive aspects in the combined initial and second to ninth periodic reports of the Republic of Congo, the Committee noted with interest a National Plan of Action to Improve the Quality of Life of the Indigenous Peoples (2009-2013), which had been prepared and adopted with the participation of civil society and United Nations agencies, and the Bill relating to the promotion and protection of human rights of indigenous peoples, which was inspired by the United Nations Declaration on the Rights of Indigenous Peoples. The Committee also noted with satisfaction the activities carried out by Congo in observance of the International Day of the World’s Indigenous Peoples and the holding of the International Forum for Indigenous People of Central Africa on the Congo’s initiative.
The Committee was concerned by the fact that there was currently no definition of racial discrimination in domestic law corresponding to that in the Convention. It noted with concern reports of violence, abuse of power and cruel, inhuman and degrading treatment by the “eco-guards” of the project for the management of the ecosystems adjacent to the Ndoki National Park directed at the indigenous population of the Congo’s southern region and regretted that those allegations had not given rise to judicial proceedings. The Committee noted with concern that the rights of indigenous peoples, and of the Pygmies in particular, to own, develop, control and exploit their lands, their resources and their communal territories were not guaranteed and that concessions were granted in respect of indigenous peoples’ lands and territories without any prior consultation. It had several concerns specifically regarding the Pygmies, including the marginalization and discrimination to which they were subjected in terms of access to justice, to education, health and employment, as well as reports of violence, discrimination and exploitation of Pygmies, which might at times amount to modern forms of slavery. The Committee further noted with concern the poor representation of indigenous peoples in political life owing to their low educational level and regretted that, to date, no indigenous person had ever been elected to political office. A further concern was the limited enjoyment of economic, social and cultural rights by non-citizens, in particular refugees and asylum-seekers from Angola, the Democratic Republic of the Congo and Rwanda, and the difficulties they faced in acquiring refugee status.
The Committee encouraged the Congo to rapidly undertake a reform of its legislation, particularly the Criminal Code, with a view to introducing specific legislation on racial discrimination that implemented the provisions of the Convention. Disturbed by the question of funding for the National Human Rights Institution, among others, the Committee asked for detailed information on the founding, independence, mandate, areas of jurisdiction and outcome of the activities of that Commission and recommended that Congo ensure that it was fully consistent with the Paris Principles relating to the status of national institutions. Regretting that the Congolese courts had never dealt with any cases relating to acts of racial discrimination, the Committee urged the Congo to conduct thorough official investigations into any allegation of violence, abuse of power and cruel, inhuman and degrading treatment directed at indigenous peoples and to bring the perpetrators to justice and ensure that they were punished. In particular, the Committee recommended that urgent and adequate measures be taken to protect the rights of indigenous peoples to land, including of the Pygmies, to establish the forest rights of indigenous peoples in domestic legislation and to provide domestic remedies in the event of violations their rights.
Pakistan
After a review of the combined fifteenth to twentieth periodic reports of Pakistan, the Committee noted the commitments pledged by Pakistan, in particular with regard to the establishment of an independent national human rights institution and its commitment to promote equal rights of minorities, during the process of Universal Periodic Review of the Human Rights Council, and it encouraged Pakistan to fulfil them. It also noted with appreciation the constitutional provisions and other legislation aimed at establishing equality between all citizens, as well as the institutional framework for the protection of human rights, including the establishment of the Ministry of Minority Affairs, as well as the National Commission for Minorities. The Committee also welcomed the special measures put in place to advance the equal enjoyment of rights by members of minority groups, such as reserved seats in the federal as well as provincial legislatures.
The Committee reiterated its regret about the paucity of information on the Federally Administered Tribal Areas and the North-West Frontier Province, including the economic and social situation prevailing therein, and noted with concern that the laws of Pakistan were not applicable in those provinces to the same extent as in the rest of the territory. While appreciating laws for the protection of recognized religious minorities, the Committee reiterated its concern about the absence of similar protection for relevant ethnic or linguistic groups, as well as its concern that no comprehensive anti-discrimination law had been adopted. There was also a lack of information on concrete measures taken to implement existing anti-discrimination laws and special measures, in spite of reports of persisting de facto discrimination against members of certain minority groups. Further concerns included a lack of a law prohibiting discrimination on the basis of caste coupled with persisting de facto segregation of and discrimination against Dalits, and reports on the situation in Baluchistan regarding acts of violence against foreigners and Baluchi civilians, including Baluchi women. In that connection, notwithstanding measures taken in this area, the Committee expressed concern about acts of violence against women, especially those of minority background. It also expressed concern about reported infringements of the right to freedom of religion and the risk that blasphemy laws might be used in a discriminatory manner against religious minority groups, who might also be members of ethnic minorities.
The Committee reiterated its recommendation that Pakistan broaden its understanding and constitutional definition regarding minorities, so as to take into account all the grounds of discrimination included in the Convention. Pakistan should adopt a comprehensive law on the elimination of discrimination on the grounds of race, colour, descent or national or ethnic origin, taking into consideration all elements of the Convention. Given gender-related dimensions of racial discrimination, the Committee further recommended that Pakistan ensure the effective implementation of the laws aimed at protecting women from violence, to provide information on measures taken and their results in its next report, and encouraged Pakistan to adopt the Bill on domestic violence without delay. To tackle de facto differences in living conditions, Pakistan was urged to expedite measures aimed at introducing a fair distribution of national resources among different provinces, and thereby ethnic groups. The Committee also urged an intensification of efforts to implement the laws and programmes adopted to put an end bonded labour. Pakistan was encouraged to carry out the national survey on that practice without delay and to continue cooperation with the International Labour Organization in combating the phenomenon.
Turkey
With regard to the combined initial to third periodic reports of Turkey, the Committee welcomed the extensive legislative reform carried out with a view to integrating human rights standards into national legislation, including through amendments to the Constitution and the adoption of the Civil Code, the Penal Code and the Law on Associations. It noted with satisfaction the many training programmes and projects aimed at raising the awareness of judges, prosecutors and other public officials on human rights. Welcome also was Turkey’s sponsorship of and active involvement in the United Nations Alliance of Civilizations Initiative, demonstrating Turkey’s commitment to combating racial discrimination globally. Further, the Committee noted with satisfaction initiatives taken to facilitate the voluntary return of internally displaced persons, consisting mainly of Kurds from South-Eastern Turkey, in particular through the launching of several return and development projects.
The Committee regretted the absence of a definition of racial discrimination in domestic law, which might impede the adequate application of relevant legislation. It was noted that some groups, such as the Roma and the Kurds, faced a more difficult socio-economic situation than the rest of the population. The Committee was concerned that the application of restrictive criteria to determine the existence of ethnic groups (by following criteria established in the 1923 Treaty of Lausanne), official recognition of some and refusal to recognize others, might give rise to differing treatment for various ethnic and other groups which might, in turn, lead to de facto discrimination. It was further concerned by allegations of persisting hostile attitudes on the part of the general public, including attacks and threats, towards Roma, Kurds and persons belonging to non-Muslim minorities. Another concern was that Turkey maintained the geographical limitation to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, which reduced the protection offered to refugees from non-European States and might subject them to discrimination. In that connection, the Committee was also concerned at reports on deportation and refoulement of refugees recognized under UNHCR’s mandate as well as of persons registered with UNHCR as asylum-seekers. A remaining concern was that there were inadequate possibilities for children belonging to ethnic groups to learn their mother tongue.
The Committee invited Turkey to promote adequate representation of the various ethnic groups in the Parliament and other elected bodies, as well as their participation in public bodies. It recommended that research be conducted with a view to effectively assessing and evaluating the incidence of racial discrimination in Turkey, with particular focus on discrimination based on national or ethnic origin, and that Turkey take targeted measures to eliminate such discrimination. The Committee further recommended that Turkey enact comprehensive anti-discrimination legislation covering all rights and freedoms protected under the Convention. Concerned at the particularly serious situation of the Greek minority, the Committee called upon Turkey to redress such discrimination and to urgently take the necessary measures to reopen the Greek Orthodox theological seminary in the island of Heybeliada, to return confiscated properties and to promptly execute all relevant judgements by the European Court of Human Rights in that respect. Considering that no country was free from racial discrimination, the Committee urged Turkey to investigate why there had been no complaints of discrimination and recommended that it verify that the lack of such complaints was not the result of lack of effective remedies, victims’ lack of awareness of their rights, fear of reprisals, or lack of confidence in the police and judicial authorities, among others.
Suriname
Among positive aspects in the combined eleventh and twelfth periodic reports of the Suriname, the Committee welcomed Suriname’s support in favour of the United Nations Declaration on the Rights of Indigenous Peoples in September 2007. It noted with interest the entry into force of the Act on Revision of the 1973 Marriage Act in June 2003, which removed the inequality that existed in the field of religious marriages. It also welcomed recent steps undertaken to strengthen the administration of justice, such as training provided to new judges, as well as the ongoing prosecutor training. In particular, the Committee welcomed and encouraged continuing dialogue and collaboration with the Special Rapporteur on the rights and fundamental freedoms of indigenous peoples, especially regarding technical support for a draft framework law on indigenous peoples' rights, and the information concerning the establishment of the Presidential Commission on Land Rights and the completion of its final report.
The Committee remained concerned about the protection of the rights to land and communal resources of the indigenous and tribal peoples living in the interior of Suriname and at the non-existence of a specific legislative framework to guarantee the realization of the collective rights of indigenous and tribal peoples. It reiterated its concern with regard to repeated information highlighting that children from indigenous or tribal groups continued to experience discrimination in access to education, health and public services, noting that such discrimination related to communities living in the interior as well as to those in assimilated suburban settings. A further concern was that special measures had yet to be adopted to ensure the effective protection with regard to recruitment and conditions of employment of indigenous and tribal peoples. While Suriname publicly declared it had implemented the judgements of the Inter-American Court of Human Rights in the Saramaka People case and the Moiwana Village case, the Committee was concerned at the ongoing delays in compliance with the most crucial aspects of those judgements, in particular, concerning the recognition of communal and self-determination rights of the Saramaka People and the investigation and punishment of the perpetrators of the Moiwana Village massacre in 1986. It also noted with concern that there were still situations in which consultation with indigenous peoples on decisions which affected them did not occur.
The Committee urged Suriname to ensure legal acknowledgement of the collective rights of indigenous and tribal peoples – known locally as Maroons and Bush Negroes – to own, develop, control and use their lands, resources and communal territories according to customary laws and traditional land tenure system and to participate in the exploitation, management and conservation of the associated natural resources. It encouraged Suriname to intensify its consideration of the final report by the Presidential Commission on Land Rights with a view to setting the principles for a comprehensive national land rights regime and appropriate relevant legislation with the full participation of indigenous and tribal peoples. The Committee also invited Suriname to update and approve the draft Mining Act of 2004, including that indigenous and tribal peoples be consulted and their informed consent obtained when taking legislative or administrative decisions that might affect their rights and interests. Moreover, given a recent growing flow of petitions regarding internal matters that had been addressed at international courts and bodies, Suriname was invited to identify practical methods to strengthen its judicial procedures, including through use of customary law practices, for effective domestic protection and remedies against acts of discrimination affecting indigenous and tribal peoples.
Finland
With regard to the combined seventeenth to nineteenth periodic reports of Finland, the Committee welcomed the establishment of the National Discrimination Tribunal, a permanent and independent body promoting legal protection, as well as the strengthening of the institution of the Ombudsman for Minorities, both institutions supervising compliance with the provisions of the Non Discrimination Act of 2004 from the viewpoint of ethnic origin. It further welcomed information on the adoption by Parliament of an amendment to the Aliens Act that would allow holders of a temporary permit to be granted a work permit. Noted with appreciation were supplements to the Penal Code in 2003 criminalizing participation in a criminal organization that aimed at ethnic agitation against a certain population group, as well as a provision for racist motives to be taken into account as an aggravating factor allowing for more severe punishment. Finland was also commended for having designed a programme for the prevention of bullying at school (which frequently affected children of minority and immigrant background), which would be introduced in all comprehensive schools in 2009-2011, and welcomed the adoption, in May 2008, of the Internal Security Programme which aimed at improving the security of immigrants and ethnic minorities.
The Committee reiterated its concern about the limited progress achieved in resolving Sami rights issues and Finland’s failure to adhere to International Labour Organization Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries. It also remained concerned at the persistence of racist and xenophobic attitudes among many sectors of the population, and over de facto segregation in housing encountered by both immigrants and Roma. The Committee further remained concerned about the limited enjoyment by members of the Roma community of the rights enshrined in the Convention, especially the rights to education, housing and access to public places, and particularly the high rate of unemployment among the Roma people, owing to the fact that they lacked basic education. Despite efforts, de facto discrimination against persons of foreign origin, including Somalis, persisted in a number of areas, the Committee held. It was particularly concerned about the lower employment rate among persons of immigrant origin, especially women, and the difficulties that persons with an immigrant background and aliens continued to face when trying to access places of services, such as bars and restaurants.
The Committee renewed its appeal to Finland to find an adequate settlement of the land dispute together with the Sami people and its recommendations that it adhere to ILO Convention No. 169 as soon as possible. Finland should also take effective measures to ensure that the so-called study on land rights in Upper Lapland resulted in concrete action, including the adoption of new legislation, in consultation with the communities affected. The Committee encouraged Finland to target Finns adults in its strategies to combat racist and xenophobic attitudes, as well as to increase employment opportunities for Roma, including by training unemployed Roma for the labour market. Finland should also increase efforts to combat negative attitudes and prevailing stereotypes concerning Roma, in particular among employers.
Croatia
Following its examination of the sixth to eighth periodic reports of Croatia, the Committee welcomed the adoption of new laws which aimed to implement various provisions of the Convention, especially the adoption of the Anti-Discrimination Act (2009), the Constitutional Act on National Minorities (2002) and the law on the Right to Legal Assistance (2008). It also noted with appreciation the establishment of a range of institutions for the promotion of human rights, such as the Councils for National Minorities and the Government Office for Human Rights. Particularly welcome was the establishment of the Office of the Ombudsman as the national human rights institution and the broadening of its mandate to become the main body for the suppression of discrimination. The Committee also reiterated its appreciation for the enhanced cooperation by Croatia with the International Criminal Tribunal for the Former Yugoslavia. It also welcomed the introduction of human rights training programmes and courses for public officials, including law enforcement officers and members of the judiciary, which, inter alia, aimed to raise awareness of the prohibition of racial discrimination.
The Committee noted information about the reluctance of some local authorities to implement laws and Governmental policies on non-discrimination, in particular with regard to returnees. It reiterated concern that many cases of violence against members of minorities were not prosecuted and the perpetrators were not punished. It also remained concerned about the absence of a law prohibiting racist organizations. The Committee continued to be concerned about the discrimination faced by members of the Roma minority in their enjoyment of human rights, in particular in the fields of education, employment, housing, citizenship, and political participation and noted the apparent reluctance of members of the Roma minority to identify themselves as such in national data-gathering exercises. With regard to prosecutions for war crimes, the Committee expressed concern about reports of persistent differential treatment of perpetrators of Serb and of Croat origin, and continued to be concerned about a substantial number of unresolved cases of returnees, in particular with regard to the restitution of property and tenancy rights. It was also concerned by reports of rising ethnic tension in a neighbouring country and noted that historically ethnic tension within the former Yugoslavia had had the ability to spread throughout the region.
The Committee recommended that Croatia take concrete measures to ensure full implementation of the non-discrimination legislation and policies, especially at the local level, with a view to eliminating all instances of de facto discrimination. Given reported difficulties in obtaining legal aid, especially for members of minorities, the Committee recommended that Croatia make legal aid available on easier terms to all members of all ethnic groups, so as to ensure that justice is accessible to all. With regard to the Roma, the Committee recommended that Croatia ensure equal access to quality education by Roma children, including through teaching in Romani, that it prevent de facto segregation of Roma pupils and that it take further measures to combat stereotypes, as well as ensure effective implementation of its policies aimed at higher employment rates for Roma, adequate political representation and equal access to citizenship and housing. Croatia should also strengthen efforts to ensure that all war crimes trials conducted at the national level were carried out fairly and in a non-discriminatory manner and that all cases of war crimes were effectively investigated and prosecuted, irrespective of the ethnicity of the victims and the perpetrators involved. Further recommendations included that Croatia continue to intensify its efforts aimed at creating conditions for a sustainable development of “areas of special State concern”, which were inhabited by the most numerous minorities, including Serb and Roma minorities, by eliminating economic and social disparities between regions. Croatia was also encouraged to strengthen its efforts aimed at the promotion of inter-ethnic harmony and tolerance among the public at large and to take all appropriate steps to ensure that any rising ethnic tension in a neighboring country did not migrate into Croatia.
Montenegro
Among positive aspects in the initial report of Montenegro, the Committee welcomed the adoption of the new Constitution, in 2007, which incorporated a broad prohibition of discrimination and provided for positive measures; the adoption of the Law on Asylum, in 2006, and the establishment of the Asylum Office and the State Asylum Appeals Commission, in 2007; and the enactment of the Law on Employment of Aliens, in March 2007, which provided avenues for fair employment of recognized refugees and persons granted subsidiary protection. It further welcomed the establishment of the Ministry for Human and Minority Rights Protection and the Office of the Protector of Human Rights and Freedoms (Ombudsman), as well as the adoption of the Judicial Reform Strategy, 2007-2012, to improve the judiciary’s independence, autonomy and efficiency. Noted with satisfaction was the adoption of the action plan for the implementation of the “Decade of Roma Inclusion 2005-2015”, as well as the “Strategy for the Improvement of the Position of Roma, Ashkali and Egyptian Populations in Montenegro for the period 2008-2012”.
The Committee found that the report did not contain sufficient information on the practical implementation of the legislative and administrative measures adopted to eliminate racial discrimination, and was concerned at the limited human and financial resources allocated to the Protector of Human Rights and Freedoms. It was concerned at the difficulties experienced by a large number of “displaced persons” from Croatia and Bosnia Herzegovina and “internally displaced persons” from Kosovo in accessing employment, health insurance, social welfare, and property rights because of their uncertain legal status. The Committee also had a number of concerns about the Roma community, including that the socio-economic and living conditions of the Roma continued to be precarious and discriminatory in the spheres of education, employment, healthcare and social welfare. In addition there were continued allegations of police brutality and ill-treatment and lack of prompt and impartial investigations of cases with respect to disadvantaged ethnic groups, particularly Roma.
The Committee urged Montenegro to accelerate efforts in bringing its internal laws, such as the 2006 Law on Minority Rights and Freedoms, in accordance with the provisions of the 2007 Constitution and the Convention and that efforts be intensified to make the Convention better known to the public and the public administration, particularly the judiciary. It also recommended that Montenegro continue to address the various factors responsible for the low level of education among the Roma, as well as efforts to facilitate the integration of minority pupils into mainstream education, including by providing language support in pre-school education. Further, Montenegro should ensure that all allegations of ill-treatment and police brutality against disadvantaged ethnic groups be documented and independently, promptly and thoroughly investigated and that perpetrators were prosecuted and appropriately punished. Montenegro was also encouraged to strengthen efforts to ensure that investigations of longstanding war crimes were expeditiously completed as a demonstration of Montenegro’s commitment to suppress ethnically motivated crimes. Finally, the Committee encouraged Montenegro to strengthen its efforts aimed at the promotion of inter-ethnic harmony and tolerance among public at the large and that it take all appropriate steps to ensure that any rising ethnic tensions in a neighbouring country did not migrate into Montenegro.
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For use of the information media; not an official record
of Racial Discrimination
6 March 2009
ROUNDUP
Issues Concluding Observations on Reports of Tunisia, Bulgaria, Republic of Congo,
Pakistan, Turkey, Suriname, Finland, Croatia and Montenegro
The Committee on the Elimination of Racial Discrimination has concluded its three-week seventy-fourth session, making public its concluding observations and recommendations on the reports of Tunisia, Bulgaria, Republic of Congo, Pakistan, Turkey, Suriname, Finland, Croatia and Montenegro, which were considered at this session.
The Committee also reviewed the country situation in Gambia, in the absence of a delegation, under the Committee's review procedure for States parties whose reports were more than five years' overdue, and adopted concluding observations in the absence of a report. Gambia had not submitted a report for 30 years, since its first report in 1980, and it had not responded to any of the Committee’s letters or requests for information since then. The Concluding observations reiterated that reporting was an obligation of State parties under the Convention and that non-compliance in that regard “created serious obstacles to the effective functioning of the system established to monitor the implementation of the Convention at the national level”. Gambia was urged to prepare and submit, without further delay, its overdue reports under the Convention.
At its opening meeting, the Committee heard an update from the High Commissioner for Human Rights on developments in the area of human rights of relevance to the Committee, including the upcoming Durban Review Conference, which would be held in Geneva from 20 to 24 April 2009. The Committee also adopted a document containing its contribution to the Durban Review, in which it was requested, inter alia, to address the issue of whether complementary standards were necessary to strengthen and update the Convention.
Also during this session, the Committee continued its thematic debate on States’ obligation to undertake “special measures” to ensure the adequate development and protection of certain racial groups or individuals and it was decided that two Committee members should begin drafting a General Comment on this issue.
Near the end of its session, the Committee discussed reports presented by Committee Members on follow-up to the Committee's concluding observations concerning the two countries for which replies had been received – Bosnia and Herzegovina and Republic of Korea. It also discussed several situations in the context of the Committee's early warning and urgent action procedure.
At its final meeting, the Committee heard a presentation by Committee Member Patrick Thornberry of the report of the Working Group on Early Warning and Urgent Action Procedures, providing details of follow-up on a number of situations in Australia, Canada, El Salvador, India, Indonesia, the Lao People’s Democratic Republic, Nepal, Peru and Tanzania. All of those cases involved indigenous peoples, Mr. Thornberry underscored, singling out the situation of the Hmong minority in the Lao People’s Democratic Republic as perhaps the most urgent – a position supported by a number of other Committee Members. In a general way, as these cases all related to indigenous populations, the Committee should insist on the need to harmonize development objectives with respect for indigenous rights. In accordance with its usual practice, the Committee decided to send the letters proposed by the Working Group to the various countries mentioned.
The Committee’s seventy-fifth session will take place from 3 to 28 August 2009, when it will take up the reports of Chad, Poland, Colombia, Azerbaijan, Greece, Monaco, Chile, China, the United Arab Emirates, Philippines, Ethiopia, Peru and Panama. It will also consider the situations of Maldives and Kuwait, under its review procedure for States whose reports are very overdue.
Concluding Observations and Recommendations on Country Reports
Tunisia
After a review of the combined eighteenth and nineteenth periodic reports of Tunisia, the Committee noted with interest that the High Committee on Human Rights and Fundamental Freedoms had been reformed in 2008 to increase its effectiveness and independence in conformity with the Paris Principles and welcomed steps taken with a view to applying for its accreditation with the International Coordination Committee. The Committee gladly received the various measures taken at all levels of teaching to promote tolerance and friendship among peoples, and noted with interest that human rights were taught at the High Institute for the Judiciary, the Superior School for Penitentiary Administration Officials and the School for National Security Officers. Welcome also were the continuing efforts of Tunisia to promote understanding, tolerance and friendship among peoples, civilizations and religions and praiseworthy efforts to reduce poverty, better conditions in the least-favoured areas, to fight illiteracy and to ensure equality between men and women in Tunisian society.
The Committee noted once again the gap between the Government’s position that Tunisia was a homogenous society and information provided by the State party itself regarding the existence of different groups, such as the Berbers or populations from sub-Saharan Africa that were living in Tunisia. Similarly, despite the Committee’s recommendations made in 2003, Tunisia had reaffirmed in its report that racial discrimination did not exist in Tunisia. The Committee was also concerned about the absence of specific legislation on refugees and on the refoulement of refugees, as well as reports of delays in issuing and renewing permits for refugees. The Committee had a number of concerns about the Amazigh population, including reports of a prohibition on registration of Amazigh names in the civil register; that Amazighs did not have the right to establish social and cultural institutions; and that Amazighs were otherwise prevented from preserving or expressing their cultural and linguistic identity. It was also duly noted that, despite the reception of 4,100 complaints by the High Committee on Human Rights and Fundamental Freedoms, the delegation affirmed that no complaints had been made concerning racial discrimination.
Given the absence of precise statistics on the ethnic composition of Tunisia, the Committee recommended that estimates of the ethnic composition be furnished in future reports, taking into consideration the Committee’s General Recommendation on self-identification of racial and ethnic groups. Given that acts of racial discrimination often persisted despite Government policies to the contrary, the Committee also recommended that Tunisia undertake studies to concretely evaluate the de facto existence of racial discrimination committed by persons, groups or organizations. With regard to the Amazighs, the Committee invited Tunisia to take efforts to promote and protect Amazigh culture as a living culture and to take measures, in particular in the domain of education, to encourage study of the history, language and culture of the Amazighs. It further recommended that Tunisia consider the possibility of broadcasting programmes in the Amazigh language on public stations.
Bulgaria
Having considered the combined fifteenth to nineteenth periodic reports of Bulgaria, the Committee welcomed the quality of its penal legislation criminalizing acts of racial discrimination. It noted that Bulgaria had established different organs and institutions to combat discrimination, such as the Commission for Protection against Discrimination, the Ombudsman and the National Council on Ethnic and Demographic Issues, and noted with satisfaction that Bulgaria had implemented programmes for the integration of minorities, the education and teaching of Roma children, the promotion of the ethnic minority languages, as well as activities to prevent racial discrimination taken by the State agents and the police. Furthermore, the Committee welcomed Bulgaria’s declaration under article 14 of the Convention (allowing the Committee to consider individual communications on violations of rights under the Convention), as well as its ratification of the European Council Framework Convention for the Protection of National Minorities.
The Committee was concerned about the low level of representation of persons belonging to minority groups, particularly the Roma, in public administration bodies, the Army and the police, which might be a result of discrimination in the selection and recruitment process. The Committee enumerated a number of concerns about the Roma minority, including the customary practice of placing Roma children in special schools reserved for handicapped children; obstacles encountered by the Roma minority in access to work, housing, health care and education; and instances of ill-treatment and use of excessive force by the police in cases involving persons belonging to minority groups, and particularly the Roma. Further concerns included the fact that there were still few prosecutions carried out under penal provisions regarding racist acts and information received of instances of the propagation of racist stereotypes, hate speech against minority groups by some organizations, press and media outlets, and political parties, notably the “ATAKA” party, as well as acts of hate and racism carried out against minorities by Neo-Nazi Skinhead groups.
The Committee recommended that Bulgaria strengthen the role of the various organs and institutions charged with combating discrimination, in particular the Commission for Protection against Discrimination, with regard to receiving complaints, undertaking investigations, imposing sanctions and providing assistance to victims. It also requested further information on the independence of the Ombudsman’s Office and the role of the National Council on Ethnic and Demographic Issues. The Committee recommended that Bulgaria continue to take special measures to better the living situation of the Roma and to facilitate their access to work, health care, housing and education. It also recommended that an independent organ be put in place by the Minister of the Interior to handle complaints against the police, so as to handle such complaints in an objective manner. Finally, the Committee recommended that Bulgaria take effective measures to sanction organizations, press and media organs and political parties that propagated racist stereotypes and hate, while at the same time taking measures to promote tolerance between ethnic groups.
Republic of Congo
Among positive aspects in the combined initial and second to ninth periodic reports of the Republic of Congo, the Committee noted with interest a National Plan of Action to Improve the Quality of Life of the Indigenous Peoples (2009-2013), which had been prepared and adopted with the participation of civil society and United Nations agencies, and the Bill relating to the promotion and protection of human rights of indigenous peoples, which was inspired by the United Nations Declaration on the Rights of Indigenous Peoples. The Committee also noted with satisfaction the activities carried out by Congo in observance of the International Day of the World’s Indigenous Peoples and the holding of the International Forum for Indigenous People of Central Africa on the Congo’s initiative.
The Committee was concerned by the fact that there was currently no definition of racial discrimination in domestic law corresponding to that in the Convention. It noted with concern reports of violence, abuse of power and cruel, inhuman and degrading treatment by the “eco-guards” of the project for the management of the ecosystems adjacent to the Ndoki National Park directed at the indigenous population of the Congo’s southern region and regretted that those allegations had not given rise to judicial proceedings. The Committee noted with concern that the rights of indigenous peoples, and of the Pygmies in particular, to own, develop, control and exploit their lands, their resources and their communal territories were not guaranteed and that concessions were granted in respect of indigenous peoples’ lands and territories without any prior consultation. It had several concerns specifically regarding the Pygmies, including the marginalization and discrimination to which they were subjected in terms of access to justice, to education, health and employment, as well as reports of violence, discrimination and exploitation of Pygmies, which might at times amount to modern forms of slavery. The Committee further noted with concern the poor representation of indigenous peoples in political life owing to their low educational level and regretted that, to date, no indigenous person had ever been elected to political office. A further concern was the limited enjoyment of economic, social and cultural rights by non-citizens, in particular refugees and asylum-seekers from Angola, the Democratic Republic of the Congo and Rwanda, and the difficulties they faced in acquiring refugee status.
The Committee encouraged the Congo to rapidly undertake a reform of its legislation, particularly the Criminal Code, with a view to introducing specific legislation on racial discrimination that implemented the provisions of the Convention. Disturbed by the question of funding for the National Human Rights Institution, among others, the Committee asked for detailed information on the founding, independence, mandate, areas of jurisdiction and outcome of the activities of that Commission and recommended that Congo ensure that it was fully consistent with the Paris Principles relating to the status of national institutions. Regretting that the Congolese courts had never dealt with any cases relating to acts of racial discrimination, the Committee urged the Congo to conduct thorough official investigations into any allegation of violence, abuse of power and cruel, inhuman and degrading treatment directed at indigenous peoples and to bring the perpetrators to justice and ensure that they were punished. In particular, the Committee recommended that urgent and adequate measures be taken to protect the rights of indigenous peoples to land, including of the Pygmies, to establish the forest rights of indigenous peoples in domestic legislation and to provide domestic remedies in the event of violations their rights.
Pakistan
After a review of the combined fifteenth to twentieth periodic reports of Pakistan, the Committee noted the commitments pledged by Pakistan, in particular with regard to the establishment of an independent national human rights institution and its commitment to promote equal rights of minorities, during the process of Universal Periodic Review of the Human Rights Council, and it encouraged Pakistan to fulfil them. It also noted with appreciation the constitutional provisions and other legislation aimed at establishing equality between all citizens, as well as the institutional framework for the protection of human rights, including the establishment of the Ministry of Minority Affairs, as well as the National Commission for Minorities. The Committee also welcomed the special measures put in place to advance the equal enjoyment of rights by members of minority groups, such as reserved seats in the federal as well as provincial legislatures.
The Committee reiterated its regret about the paucity of information on the Federally Administered Tribal Areas and the North-West Frontier Province, including the economic and social situation prevailing therein, and noted with concern that the laws of Pakistan were not applicable in those provinces to the same extent as in the rest of the territory. While appreciating laws for the protection of recognized religious minorities, the Committee reiterated its concern about the absence of similar protection for relevant ethnic or linguistic groups, as well as its concern that no comprehensive anti-discrimination law had been adopted. There was also a lack of information on concrete measures taken to implement existing anti-discrimination laws and special measures, in spite of reports of persisting de facto discrimination against members of certain minority groups. Further concerns included a lack of a law prohibiting discrimination on the basis of caste coupled with persisting de facto segregation of and discrimination against Dalits, and reports on the situation in Baluchistan regarding acts of violence against foreigners and Baluchi civilians, including Baluchi women. In that connection, notwithstanding measures taken in this area, the Committee expressed concern about acts of violence against women, especially those of minority background. It also expressed concern about reported infringements of the right to freedom of religion and the risk that blasphemy laws might be used in a discriminatory manner against religious minority groups, who might also be members of ethnic minorities.
The Committee reiterated its recommendation that Pakistan broaden its understanding and constitutional definition regarding minorities, so as to take into account all the grounds of discrimination included in the Convention. Pakistan should adopt a comprehensive law on the elimination of discrimination on the grounds of race, colour, descent or national or ethnic origin, taking into consideration all elements of the Convention. Given gender-related dimensions of racial discrimination, the Committee further recommended that Pakistan ensure the effective implementation of the laws aimed at protecting women from violence, to provide information on measures taken and their results in its next report, and encouraged Pakistan to adopt the Bill on domestic violence without delay. To tackle de facto differences in living conditions, Pakistan was urged to expedite measures aimed at introducing a fair distribution of national resources among different provinces, and thereby ethnic groups. The Committee also urged an intensification of efforts to implement the laws and programmes adopted to put an end bonded labour. Pakistan was encouraged to carry out the national survey on that practice without delay and to continue cooperation with the International Labour Organization in combating the phenomenon.
Turkey
With regard to the combined initial to third periodic reports of Turkey, the Committee welcomed the extensive legislative reform carried out with a view to integrating human rights standards into national legislation, including through amendments to the Constitution and the adoption of the Civil Code, the Penal Code and the Law on Associations. It noted with satisfaction the many training programmes and projects aimed at raising the awareness of judges, prosecutors and other public officials on human rights. Welcome also was Turkey’s sponsorship of and active involvement in the United Nations Alliance of Civilizations Initiative, demonstrating Turkey’s commitment to combating racial discrimination globally. Further, the Committee noted with satisfaction initiatives taken to facilitate the voluntary return of internally displaced persons, consisting mainly of Kurds from South-Eastern Turkey, in particular through the launching of several return and development projects.
The Committee regretted the absence of a definition of racial discrimination in domestic law, which might impede the adequate application of relevant legislation. It was noted that some groups, such as the Roma and the Kurds, faced a more difficult socio-economic situation than the rest of the population. The Committee was concerned that the application of restrictive criteria to determine the existence of ethnic groups (by following criteria established in the 1923 Treaty of Lausanne), official recognition of some and refusal to recognize others, might give rise to differing treatment for various ethnic and other groups which might, in turn, lead to de facto discrimination. It was further concerned by allegations of persisting hostile attitudes on the part of the general public, including attacks and threats, towards Roma, Kurds and persons belonging to non-Muslim minorities. Another concern was that Turkey maintained the geographical limitation to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, which reduced the protection offered to refugees from non-European States and might subject them to discrimination. In that connection, the Committee was also concerned at reports on deportation and refoulement of refugees recognized under UNHCR’s mandate as well as of persons registered with UNHCR as asylum-seekers. A remaining concern was that there were inadequate possibilities for children belonging to ethnic groups to learn their mother tongue.
The Committee invited Turkey to promote adequate representation of the various ethnic groups in the Parliament and other elected bodies, as well as their participation in public bodies. It recommended that research be conducted with a view to effectively assessing and evaluating the incidence of racial discrimination in Turkey, with particular focus on discrimination based on national or ethnic origin, and that Turkey take targeted measures to eliminate such discrimination. The Committee further recommended that Turkey enact comprehensive anti-discrimination legislation covering all rights and freedoms protected under the Convention. Concerned at the particularly serious situation of the Greek minority, the Committee called upon Turkey to redress such discrimination and to urgently take the necessary measures to reopen the Greek Orthodox theological seminary in the island of Heybeliada, to return confiscated properties and to promptly execute all relevant judgements by the European Court of Human Rights in that respect. Considering that no country was free from racial discrimination, the Committee urged Turkey to investigate why there had been no complaints of discrimination and recommended that it verify that the lack of such complaints was not the result of lack of effective remedies, victims’ lack of awareness of their rights, fear of reprisals, or lack of confidence in the police and judicial authorities, among others.
Suriname
Among positive aspects in the combined eleventh and twelfth periodic reports of the Suriname, the Committee welcomed Suriname’s support in favour of the United Nations Declaration on the Rights of Indigenous Peoples in September 2007. It noted with interest the entry into force of the Act on Revision of the 1973 Marriage Act in June 2003, which removed the inequality that existed in the field of religious marriages. It also welcomed recent steps undertaken to strengthen the administration of justice, such as training provided to new judges, as well as the ongoing prosecutor training. In particular, the Committee welcomed and encouraged continuing dialogue and collaboration with the Special Rapporteur on the rights and fundamental freedoms of indigenous peoples, especially regarding technical support for a draft framework law on indigenous peoples' rights, and the information concerning the establishment of the Presidential Commission on Land Rights and the completion of its final report.
The Committee remained concerned about the protection of the rights to land and communal resources of the indigenous and tribal peoples living in the interior of Suriname and at the non-existence of a specific legislative framework to guarantee the realization of the collective rights of indigenous and tribal peoples. It reiterated its concern with regard to repeated information highlighting that children from indigenous or tribal groups continued to experience discrimination in access to education, health and public services, noting that such discrimination related to communities living in the interior as well as to those in assimilated suburban settings. A further concern was that special measures had yet to be adopted to ensure the effective protection with regard to recruitment and conditions of employment of indigenous and tribal peoples. While Suriname publicly declared it had implemented the judgements of the Inter-American Court of Human Rights in the Saramaka People case and the Moiwana Village case, the Committee was concerned at the ongoing delays in compliance with the most crucial aspects of those judgements, in particular, concerning the recognition of communal and self-determination rights of the Saramaka People and the investigation and punishment of the perpetrators of the Moiwana Village massacre in 1986. It also noted with concern that there were still situations in which consultation with indigenous peoples on decisions which affected them did not occur.
The Committee urged Suriname to ensure legal acknowledgement of the collective rights of indigenous and tribal peoples – known locally as Maroons and Bush Negroes – to own, develop, control and use their lands, resources and communal territories according to customary laws and traditional land tenure system and to participate in the exploitation, management and conservation of the associated natural resources. It encouraged Suriname to intensify its consideration of the final report by the Presidential Commission on Land Rights with a view to setting the principles for a comprehensive national land rights regime and appropriate relevant legislation with the full participation of indigenous and tribal peoples. The Committee also invited Suriname to update and approve the draft Mining Act of 2004, including that indigenous and tribal peoples be consulted and their informed consent obtained when taking legislative or administrative decisions that might affect their rights and interests. Moreover, given a recent growing flow of petitions regarding internal matters that had been addressed at international courts and bodies, Suriname was invited to identify practical methods to strengthen its judicial procedures, including through use of customary law practices, for effective domestic protection and remedies against acts of discrimination affecting indigenous and tribal peoples.
Finland
With regard to the combined seventeenth to nineteenth periodic reports of Finland, the Committee welcomed the establishment of the National Discrimination Tribunal, a permanent and independent body promoting legal protection, as well as the strengthening of the institution of the Ombudsman for Minorities, both institutions supervising compliance with the provisions of the Non Discrimination Act of 2004 from the viewpoint of ethnic origin. It further welcomed information on the adoption by Parliament of an amendment to the Aliens Act that would allow holders of a temporary permit to be granted a work permit. Noted with appreciation were supplements to the Penal Code in 2003 criminalizing participation in a criminal organization that aimed at ethnic agitation against a certain population group, as well as a provision for racist motives to be taken into account as an aggravating factor allowing for more severe punishment. Finland was also commended for having designed a programme for the prevention of bullying at school (which frequently affected children of minority and immigrant background), which would be introduced in all comprehensive schools in 2009-2011, and welcomed the adoption, in May 2008, of the Internal Security Programme which aimed at improving the security of immigrants and ethnic minorities.
The Committee reiterated its concern about the limited progress achieved in resolving Sami rights issues and Finland’s failure to adhere to International Labour Organization Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries. It also remained concerned at the persistence of racist and xenophobic attitudes among many sectors of the population, and over de facto segregation in housing encountered by both immigrants and Roma. The Committee further remained concerned about the limited enjoyment by members of the Roma community of the rights enshrined in the Convention, especially the rights to education, housing and access to public places, and particularly the high rate of unemployment among the Roma people, owing to the fact that they lacked basic education. Despite efforts, de facto discrimination against persons of foreign origin, including Somalis, persisted in a number of areas, the Committee held. It was particularly concerned about the lower employment rate among persons of immigrant origin, especially women, and the difficulties that persons with an immigrant background and aliens continued to face when trying to access places of services, such as bars and restaurants.
The Committee renewed its appeal to Finland to find an adequate settlement of the land dispute together with the Sami people and its recommendations that it adhere to ILO Convention No. 169 as soon as possible. Finland should also take effective measures to ensure that the so-called study on land rights in Upper Lapland resulted in concrete action, including the adoption of new legislation, in consultation with the communities affected. The Committee encouraged Finland to target Finns adults in its strategies to combat racist and xenophobic attitudes, as well as to increase employment opportunities for Roma, including by training unemployed Roma for the labour market. Finland should also increase efforts to combat negative attitudes and prevailing stereotypes concerning Roma, in particular among employers.
Croatia
Following its examination of the sixth to eighth periodic reports of Croatia, the Committee welcomed the adoption of new laws which aimed to implement various provisions of the Convention, especially the adoption of the Anti-Discrimination Act (2009), the Constitutional Act on National Minorities (2002) and the law on the Right to Legal Assistance (2008). It also noted with appreciation the establishment of a range of institutions for the promotion of human rights, such as the Councils for National Minorities and the Government Office for Human Rights. Particularly welcome was the establishment of the Office of the Ombudsman as the national human rights institution and the broadening of its mandate to become the main body for the suppression of discrimination. The Committee also reiterated its appreciation for the enhanced cooperation by Croatia with the International Criminal Tribunal for the Former Yugoslavia. It also welcomed the introduction of human rights training programmes and courses for public officials, including law enforcement officers and members of the judiciary, which, inter alia, aimed to raise awareness of the prohibition of racial discrimination.
The Committee noted information about the reluctance of some local authorities to implement laws and Governmental policies on non-discrimination, in particular with regard to returnees. It reiterated concern that many cases of violence against members of minorities were not prosecuted and the perpetrators were not punished. It also remained concerned about the absence of a law prohibiting racist organizations. The Committee continued to be concerned about the discrimination faced by members of the Roma minority in their enjoyment of human rights, in particular in the fields of education, employment, housing, citizenship, and political participation and noted the apparent reluctance of members of the Roma minority to identify themselves as such in national data-gathering exercises. With regard to prosecutions for war crimes, the Committee expressed concern about reports of persistent differential treatment of perpetrators of Serb and of Croat origin, and continued to be concerned about a substantial number of unresolved cases of returnees, in particular with regard to the restitution of property and tenancy rights. It was also concerned by reports of rising ethnic tension in a neighbouring country and noted that historically ethnic tension within the former Yugoslavia had had the ability to spread throughout the region.
The Committee recommended that Croatia take concrete measures to ensure full implementation of the non-discrimination legislation and policies, especially at the local level, with a view to eliminating all instances of de facto discrimination. Given reported difficulties in obtaining legal aid, especially for members of minorities, the Committee recommended that Croatia make legal aid available on easier terms to all members of all ethnic groups, so as to ensure that justice is accessible to all. With regard to the Roma, the Committee recommended that Croatia ensure equal access to quality education by Roma children, including through teaching in Romani, that it prevent de facto segregation of Roma pupils and that it take further measures to combat stereotypes, as well as ensure effective implementation of its policies aimed at higher employment rates for Roma, adequate political representation and equal access to citizenship and housing. Croatia should also strengthen efforts to ensure that all war crimes trials conducted at the national level were carried out fairly and in a non-discriminatory manner and that all cases of war crimes were effectively investigated and prosecuted, irrespective of the ethnicity of the victims and the perpetrators involved. Further recommendations included that Croatia continue to intensify its efforts aimed at creating conditions for a sustainable development of “areas of special State concern”, which were inhabited by the most numerous minorities, including Serb and Roma minorities, by eliminating economic and social disparities between regions. Croatia was also encouraged to strengthen its efforts aimed at the promotion of inter-ethnic harmony and tolerance among the public at large and to take all appropriate steps to ensure that any rising ethnic tension in a neighboring country did not migrate into Croatia.
Montenegro
Among positive aspects in the initial report of Montenegro, the Committee welcomed the adoption of the new Constitution, in 2007, which incorporated a broad prohibition of discrimination and provided for positive measures; the adoption of the Law on Asylum, in 2006, and the establishment of the Asylum Office and the State Asylum Appeals Commission, in 2007; and the enactment of the Law on Employment of Aliens, in March 2007, which provided avenues for fair employment of recognized refugees and persons granted subsidiary protection. It further welcomed the establishment of the Ministry for Human and Minority Rights Protection and the Office of the Protector of Human Rights and Freedoms (Ombudsman), as well as the adoption of the Judicial Reform Strategy, 2007-2012, to improve the judiciary’s independence, autonomy and efficiency. Noted with satisfaction was the adoption of the action plan for the implementation of the “Decade of Roma Inclusion 2005-2015”, as well as the “Strategy for the Improvement of the Position of Roma, Ashkali and Egyptian Populations in Montenegro for the period 2008-2012”.
The Committee found that the report did not contain sufficient information on the practical implementation of the legislative and administrative measures adopted to eliminate racial discrimination, and was concerned at the limited human and financial resources allocated to the Protector of Human Rights and Freedoms. It was concerned at the difficulties experienced by a large number of “displaced persons” from Croatia and Bosnia Herzegovina and “internally displaced persons” from Kosovo in accessing employment, health insurance, social welfare, and property rights because of their uncertain legal status. The Committee also had a number of concerns about the Roma community, including that the socio-economic and living conditions of the Roma continued to be precarious and discriminatory in the spheres of education, employment, healthcare and social welfare. In addition there were continued allegations of police brutality and ill-treatment and lack of prompt and impartial investigations of cases with respect to disadvantaged ethnic groups, particularly Roma.
The Committee urged Montenegro to accelerate efforts in bringing its internal laws, such as the 2006 Law on Minority Rights and Freedoms, in accordance with the provisions of the 2007 Constitution and the Convention and that efforts be intensified to make the Convention better known to the public and the public administration, particularly the judiciary. It also recommended that Montenegro continue to address the various factors responsible for the low level of education among the Roma, as well as efforts to facilitate the integration of minority pupils into mainstream education, including by providing language support in pre-school education. Further, Montenegro should ensure that all allegations of ill-treatment and police brutality against disadvantaged ethnic groups be documented and independently, promptly and thoroughly investigated and that perpetrators were prosecuted and appropriately punished. Montenegro was also encouraged to strengthen efforts to ensure that investigations of longstanding war crimes were expeditiously completed as a demonstration of Montenegro’s commitment to suppress ethnically motivated crimes. Finally, the Committee encouraged Montenegro to strengthen its efforts aimed at the promotion of inter-ethnic harmony and tolerance among public at the large and that it take all appropriate steps to ensure that any rising ethnic tensions in a neighbouring country did not migrate into Montenegro.
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