COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES SIXTY-FIRST SESSION

CERD
61st session
23 August 2002
Afternoon


Issues Concluding Observations and Recommendations on Reports
of Canada, Senegal, Armenia, Yemen, New Zealand, Hungary,
Estonia, Botswana and Mali


The Committee on the Elimination of Racial Discrimination this afternoon concluded its sixty-first session after examining reports on efforts by the Governments of Canada, Senegal, Armenia, Yemen, New Zealand, Hungary, Estonia, Botswana and Mali to implement the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination. Further, the Committee adopted preliminary discussions on Fiji, whose periodic reports were seriously overdue.
The Committee, the first body created by the United Nations to review actions by States parties in fulfilling their obligations under a specific human-rights agreement, held question-and-answer sessions with Government delegations from the presenting countries. All 162 States parties to the Convention are required to submit periodic reports to the Committee, which consists of 18 Experts.
During its three-week session, the Committee held a thematic discussion on discent-based discrimination and adopted a General Recommendation on the issue. It recommended that States parties, among other things, take steps to identify descent-based communities under their jurisdiction who suffered from discrimination; consider incorporation of an explicit Constitutional prohibition of descent-based discrimination; and review and enact or amend legislation to outlaw all forms of discrimination based on descent in accordance with the Convention.
Also during this session, the Committee adopted a statement to the World Summit on Sustainable Development which will be held from 26 August to 4 September in Johannesburg, South Africa. The Committee, among other things, called on all States to respect and protect, and fulfil all human rights commitments, as well as to recognize ethnic and cultural diversity as essential preconditions for meaningful dialogue of civilizations, sustainable development and a just and equitable social order.
The Committee also adopted a decision to request the General Assembly that one of its sessions in 2003 or 2004 be held at United Nations Headquarters in order to examine with priority the reports of the States parties which encounter difficulties in attending meetings of the Committee in Geneva.
In closed meetings during the session, the Committee Experts dealt with communications received from individuals or groups of individuals who claimed that their rights under the Convention had been violated by a State party and who had exhausted all available domestic remedies. So far, 41 States parties have made the declaration under article 14.
The Committee's sixty-second session will be held from 3 to 21 March 2003 at the Palais des Nations at Geneva. At the three-week session, Committee Experts will examine periodic reports from Côte d'Ivoire, Ecuador, Fiji, Ghana, Morocco, Poland, Russian Federation, Slovenia, Tunisia, Saudi Arabia and Uganda.

Concluding Observations and Recommendations on Country Reports
Canada
Among the positive aspects cited in the thirteenth and fourteenth periodic reports of Canada, the Committee noted with satisfaction the strong and steadfast commitment to human rights manifested by Canada at the international and national levels; and the Statement of Reconciliation, made by the Federal Government, expressing Canada's deep regret for the historic injustices committed against Aboriginal people.
The Committee viewed with concern the direct connection between Aboriginal economic marginalization and the ongoing dispossession of Aboriginal people from their land, as recognized by the Royal Commission, while noting with appreciation the assurance given by the delegation that Canada no longer will require a reference to extinguishment of surrendered land and resources rights in any land claim agreements.
The Committee reiterated its concern about the high rate of incarceration of, violence against and death in custody of Aboriginals and people of African and Asian descent, and recommended that the next periodic report of the State party contain information on the efficiency of programmes adopted with a view to reducing these phenomena and the results of inquiries undertaken.
The Committee expressed concern about the high number of incidents of discrimination targeting Aboriginals and people belonging to minorities in the field of employment; and recommended that the State party submit more detailed information of the results achieved to eradicate racial discrimination in the field of employment.
Further, the Committee expressed concern about allegations of exclusion of children of migrants with no status from the school system in some provinces, and hoped that the situation will be remedied.
The Committee noted with concern that, in the aftermath of the 11 September 2001 events, Muslims and Arabs had suffered from increased racial hatred, violence and discrimination. In that connection, it encouraged the State party to ensure that the application of the Anti-Terrorism Act would not lead to negative consequences for ethnic and religious groups.
Moreover, the Committee expressed concern about information on patterns of racial discrimination affecting peoples of African and Asian descent, and at expressions of prejudice in the media against such people, as well as against migrants and refugees.
Senegal
As regards the eleventh to fifteenth periodic reports of Senegal, the Committee noted with satisfaction the progress made in the field of human rights, and welcomed the role played by non-governmental organizations in Senegal. The Committee further welcomed Senegal's attachment to human rights and the active role it has played in that field at both international and regional levels. It noted the measures taken to combat discrimination based on sex and the banning of genital mutilation, and appreciated the Government's efforts to settle the Casamance conflict.
The Committee noted that no acts of racial discrimination appeared to come before domestic courts or institutions for the promotion and protection of human rights. The State party was invited to supply information on future case law relating to the rights set forth in the Convention and on steps taken to increase public awareness of its provisions.
The Committee sought clarification concerning forms of discrimination affecting women, from the viewpoint of double discrimination, based both on sex and on national or ethnic origin; it recommended that the State party prevent any element of racial discrimination, in particular through measures designed to guarantee the right of everyone to equality before the law, notably in the enjoyment of the rights referred to in article 5 of the Convention, especially political, economic, social and cultural rights, and to promote understanding, tolerance and friendship among racial or ethnic groups.
Further, the Committee noted with concern the persistence in Senegal of discrimination which was based on castes, despite the fact that they have been banned by law; and it will recommend that in its next periodic report the State party spell out the nature of that phenomenon, while encouraging it to continue and strengthen the necessary measures, in particular in terms of education and training, to eradicate those manifestations of discrimination in practice. It also recommended that the State party ensure that the existing provisions were effectively applied by taking steps to guarantee access to justice for victims.
Armenia
In the third and fourth periodic reports of Armenia, the Committee noted with satisfaction that, notwithstanding the difficulties resulting from the Nagorno-Karabakh conflict, and the serious economic and social challenges, the State party has made progress in the area of legislative reform. It welcomed the establishment of institutions relevant to the promotion and protection of human rights, such as the Human Rights Commission and the Coordinating Council on National Minorities.
Among concerns and recommendations, the Committee noted its concern about the view expressed in the State party report that Armenia is a mono-ethnic State, and the inconsistency of that notion with the existence of several national and ethnic minorities, although they are not very numerous. The Committee recommended that the State party carefully analyse the situation and reflect the reality.
Further, the Committee noted with concern that no statistics on cases relating to racial discrimination have been provided and reiterated its request for such information to be included in the next periodic report. The Committee will remind the State party that the absence of complaints and legal action by victims of racial discrimination can possibly be an indication of a lack of awareness of available legal remedies.
With regard to freedom of religion of ethnic minorities, the Committee expressed concern about reports of obstacles imposed on religious organizations other than the Armenian Apostolic Church, such as those on carrying out charity work and on building places of worship; and it urged the Government to take all necessary measures to ensure the enjoyment of freedom of religion of all ethnic minorities.
While noting that the State party through its policy and legislation does not engage in any discriminatory acts against refugees, the Committee expressed some concern that under article 25 of the Law on Refugees, restrictive measures are applied only to asylum-seekers other than ethnic Armenians who fled Azerbaijan between 1988-1992, and this might lead to discrimination on the basis of ethnicity.
Yemen
Concerning the eleventh to fourteenth periodic reports of Yemen, the Committee welcomed recent developments in the State party with regard to human rights, in particular the measures of social welfare undertaken by the State party to improve the living conditions of marginalized individuals and groups; and it welcomed the establishment of a Higher National Human Rights Committee, which monitored the fulfilment of the State party's obligations, including issues related to human rights.
The Committee expressed concern about the fact that the national legislation of Yemen did not contain explicit provisions prohibiting discrimination on the grounds of race or ethnic or national origin, in conformity with the requirements of the Convention.
The Committee further expressed concern about the absence of an explicit penal provision in the State party's legislation, in respect of the mandatory provisions prohibiting the dissemination and promotion of racial discrimination and violence; and recommended that the State party revise its penal code in order to introduce specific legislation and implement the provisions of article 4 of the Convention.
With regard to the right to equal treatment before the tribunals, the Committee noted the absence of information in the report on cases of complaints related to racial discrimination; and recommended that the State party include in its next period report specific information on cases of discrimination, if any.
Estonia
Among positive aspects cited in the fifth periodic report of Estonia, the Committee appreciated the increasing debate and recognition in the State party of the multi-cultural nature of Estonian society. It welcomed the progressive implementation of the State programme "Integration in Estonian Society 2000-2007", aimed at furthering the integration of minorities at the socio-economic level. It welcomed the enactment of the new Penal Code, which contained provisions relating to the criminalization of incitement to racial hatred and violation of equality.
The Committee was still concerned that former Soviet Union military personnel residing in Estonia were prevented from acquiring Estonian citizenship; and it was be further of the opinion that applications from former military personnel should be considered on a case-by-case basis, assessing each case on its individual merits.
It also expressed concern over the existence of language requirements in the language law in relation to employment and of the opinion that such a standards could lead to discrimination against minorities in violation of article 5 of the Convention.
The Committee said it remained concerned by the situation of the Russian minority residing in Estonia, among other things in relation to economic, social and cultural rights, including the right to employment, health care and education; and it cited particular concerned over double discrimination against women, based on sex and national or ethnic discrimination.
Although it welcomed the elimination of language requirements from the Election Act and the Local Government Council Election Act, the Committee expressed concern that, according to article 48 of the Estonian Constitution, only citizens might be members of political parties. Furthermore, the Committee considered it important that political bodies in towns with a majority of Russian-speaking inhabitants were offered the possibility to conduct their work in Russian, as stipulated in the Law on Languages and in the Local Government Organization Act.
The Committee recommended that the State party take into account relevant parts of the Durban Declaration and Programme of Action when incorporating the Convention into the Estonian legal order.
New Zealand
The Committee, concerning twelfth to fourteenth periodic reports, said it was encouraged at the progress that had been made on the settlement of historical Maori grievances and claims with individuals and with tribes, including components of financial compensation and a formal apology on behalf of the Crown.
The Committee also welcomee acknowledgement of the disadvantaged position in society of minorities, especially Maori, and accordingly cited its appreciation of the large number of initiatives, programmes and projects in many areas designed to address the specific needs of Maori, Pacific people and persons from other groups such as refugees and ethnic minorities.
Further, the Committee welcomed the introduction of amendments to the electoral roll system, in particular the Maori Electoral option; and the State party's policies and initiatives designed to improve the status and use of the Maori language, including an increased supply of services in the Maori language, including in education and State broadcasting.
The Committee remained concerned over the continued disadvantages that Maori, Pacific and other communities face in the enjoyment of their fundamental economic and social rights, such as employment, housing, social welfare and access to health care. The State party was invited to devote priority attention to these issues and to continue to encourage active and effective participation by those communities in the search for solutions.
Moreover, the Committee continued to be concerned at the low representation of Maori women in a number of key sectors, as well as their particular vulnerability to domestic violence. It also remained concerned about the disproportionately high representation of Maori and Pacific Islanders in correctional facilities; and invited the State party to ensure appropriate funding for measures envisaged or already initiated to address the problem.
Hungary
In fourteenth to seventeenth periodic reports of Hungary, the Committee reiterated its satisfaction with the promulgation and implementation of a Hungarian Act on the Rights of National and Ethnic Minorities which had recognized 13 minorities and provided them with a degree of cultural autonomy as well as a wide range of educational and linguistic rights. It welcomed, among other things, the introduction of new provisions into the Criminal Code penalizing violence against members of minorities.
The Committee, however, expressed concern that existing legislation did not cover all aspects of article 4 of the Convention; it reaffirmed the obligation of the State party to apply the legislation effectively. It requested the State party to provide specific information on the application by the national courts of articles of the Convention.
The Committee cited concern about a number of allegations of ill-treatment and discrimination against Roma and non-citizens by law enforcement officials and especially by the police. It recommended that the State party intensify its efforts to combat ill-treatment of Roma and other minority groups.
The Committee also cited concern about proportionately high unemployment rates among the Roma population; and it recommended that the State party strictly apply existing anti-discriminatory provisions in that field and ensure in particular fair access for Roma to professional training programmes and to professional activities.
The Committee expressed concern about discriminatory practices against persons belonging to the Roma minority in respect of access to places of use by the general public, such as restaurants, bars or cafes; and recommended that the State party continue to intensify its efforts to combat such behaviour and to raise awareness of the population to all aspects of racial discrimination.
Botswana
Responding to the sixth to fourteenth periodic reports of Botswana, the Committee noted, among other things, progress made by the State party through considerable Government investments in education, health and other welfare programmes, and progress achieved generally in the enjoyment of socio-economic rights.
Among its concerns and recommendations, the Committee noted that the Constitution and laws of Botswana did not seem to respond fully to the requirements of the Convention; and recommended that the State party ensure that the Convention be comprehensively incorporated into domestic law.
The Committee cited concern about the discriminatory character of certain domestic laws; and recommended that recognition and representation of all tribes in Botswana be ensured on an equal basis in the Constitution.
Further, the Committee cited concern at expressions of prejudice against the Basarwa/San people, including by public officials; and concern that in spite of the significant economic growth achieved in Botswana, 47 per cent of the population remained below the poverty line. It recommended that the State party further identify the specific needs of minorities and indigenous peoples.
The Committee expressed concern about the ongoing dispossession of Basarwa/San people of their land; and recommended that negotiations be resumed on that issue.
It cited concern at reported cases of intimidation by local police in Gaborone against the Wayeyi people, and recommend that thorough inquiries be conducted. It further recommended that human rights education of law enforcement officers be undertaken.
Mali
Among positive aspects to the sixth to fourteetnth periodic reports of Mali, the Committee noted that the reports contained useful information on the ethnic composition of the population and on the peaceful settlement of the situation in North Mali. It also noted with satisfaction that Mali was a party to a numerous international instruments with regard to the protection of human rights.
The Committee cited concern at socio-cultural inequalities still being suffered by the population in rural areas; it regretted that the current report did not provide information on access by various ethnic groups to development, on the partition of resources between different groups, and in particular on the resources provided to nomads; and a lack of sufficient information on the presence of different ethnic groups in public functions.
The Committee also noted with concern an absence of information on complaints, charges and verdicts in connection with racial discrimination; it recalled that the absence of complaints and charges of acts of racism in a country was not necessarily positive: no State was immune from racist manifestations.
The Committee requested information on the implementation of the National Programme against poverty put in place by the Government in September 1998; and on measures taken in favour of particularly vulnerable persons, particularly women. The Committee invited the State party to provide substantial information in its next periodic report on the situation of vulnerable persons, particularly children who were victims of exploitation, garibou children and women in rural areas; on the effects of HIV/AIDS and other diseases and the measures envisaged to limit and prevent them; and on the history and evolution of the "sinangouya" custom.

Preliminary Discussions on Fiji
The Committee recommended that the State party ensure that detailed information be submitted to the Committee so that the Committee could schedule an examination of the situation in Fiji for March 2003. The information should focus on the social confrontation and economic decline that was reported to be occurring in Fiji in connection with the alleged politically polarized race relations, in particular between indigenous Fijians and Indo-Fijians; the significance and consequences of the reservations and declarations formulated by the State party, in particular those relating to the implementation of article 5 of the Convention and indigenous rights; the results, if any, of the Court challenges introduced in 2001 against the alleged ethnic imbalance in the Government; and the alleged cancellation, in June 2001, of the charity status of the Citizens Constitutional Forum, a multi-ethnic NGO, after it filed constitutional challenges against the Government in court.

General Recommendation on Descent-Based Discrimination
The Committee adopted a General Recommendation on Descent-Based Discrimination, recommending that States parties, among other things, take steps to identify descent-based communities under their jurisdiction which suffered from discrimination; to consider incorporation of an explicit Constitutional prohibition of descent-based discrimination; and to review and enact or amend legislation to outlaw all forms of discrimination based on descent in accordance with the Convention.
It recommended that States parties, among other things, take into account, in all programmes and projects planned and implemented, and in measures adopted, the situation of women members of such communities; and that they take all measures necessary to eliminate multiple discrimination against them including descent-based discrimination.
Further, it recommended that States parties, among other things, monitor and report on trends which gave rise to the segregation of descent-based communities and that they work to eradicate the negative consequences of such segregation.
With regard to dissemination of hate speech, including the mass media and the Internet, the Committee recommended that States parties, among other things, take measures against any dissemination of ideas of caste superiority and inferiority or which attempted to justify violence, hatred or discrimination against descent-based communities.
Regarding administration of justice, the Committee recommended that States parties, among other things, take all necessary steps to secure equal access to the justice system for all members of descent-based communities.
On the subject of civil and political rights, the Committee recommended that States parties, among other things, ensure that authorities at all levels involved members of descent-based communities in decisions which affected them.
And on education, the Committee recommended that the States parties ensure that public and private education systems included, and did not exclude, children of affected communities; and that they reduce school dropout rates of all communities, in particular of affected communities, with special attention to the situation of girls.

Committee Statement to World Summit on Sustainable Development
The Committee called on all States to respect and protect human rights, and to fullfil all human rights commitments, including recognizing ethnic and cultural diversity as essential preconditions for a meaningful dialogue of civilizations, sustainable development and a just and equitable social order; encouraged the Summit to ensure the inclusion of human rights and the prohibition of racial discrimination in the final documents of the Summit; and welcomed the opportunity to cooperate with States parties and other United Nations organs in upholding those human rights norms and standards relevant to sustainable development and set forth in the International Convention on the Elimination of All Forms of Racial Discrimination and related human rights instruments.



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