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

CERD
62nd session
21 March 2003




Issues Concluding Observations on Reports of Tunisia,
Uganda, Morocco, Ecuador, Saudi Arabia,
the Russian Federation, Poland, Slovenia,
Ghana, Fiji and Côte d'Ivoire



The Committee on the Elimination of Racial Discrimination this afternoon concluded its sixty-second session after examining reports on efforts by the Governments of Tunisia, Uganda, Morocco, Ecuador, Saudi Arabia, the Russian Federation, Poland, Slovenia, Ghana, Fiji and Côte d'Ivoire to implement the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination. Further, the Committee adopted conclusions on the situation in Papua New Guinea, 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 167 States parties to the Convention are required to submit periodic reports to the Committee, which consists of 18 Experts.
Also during this session, the Committee adopted a declaration calling for a peaceful solution of the current crisis in the Middle East. Among other things, the Committee drew the attention of the international community against the devastating effects of any resort to war, not only at the military, economic, political, social level and in relation to the fate of civilian populations, but also because of the resurgence of phenomena of racial and ethnic discrimination, xenophobia, intolerance, and even terrorism, that would undoubtedly result from them.
The Committee also adopted a decision on Côte d'Ivoire urging the UN Secretary-General to invite the competent United Nations organizations, in their perspective fields of competence, to adopt the appropriate humanitarian assistance measures on behalf of the displaced persons in Côte d'Ivoire, particularly measures to help the Government in its efforts to prevent or halt acts of discrimination based on race or ethnic origin.
A text was also approved on Guyana in which the Committee said that although it had acceded to the State party's request to submit its initial report in March 2004, in light of the urgent character of the situation in the country, it might request and discuss information on the state of racial discrimination in Guyana under its early warning and urgent action procedure even earlier than March 2004.
Texts in response to a report entitled "Draft Guidelines: a human rights approach to poverty reduction strategies" and to a request from the Special Rapporteur on Human Rights and Terrorism of the Sub-Commission on the Promotion and Protection of Human Rights for information on terrorism and human rights were also adopted.
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, 42 States parties have made the declaration under article 14.
The Committee's sixty-third session will be held from 4 to 22 August 2003 at the Palais des Nations at Geneva. At the three-week session, Committee Experts will examine periodic reports from Finland, Bolivia, Latvia, Norway, Cape Verde, Saint Vincent and the Grenadines, the Republic of Korea, the Islamic Republic of Iran, the United Kingdom, Albania and the Czech Republic.

Concluding Observations and Recommendations on Country Reports

Tunisia
Concerning the thirteenth to seventeenth periodic reports of Tunisia, the Committee commended the efforts made by the State party in the area of human rights education, including its advocacy of the principles of tolerance and respect in accordance with article 7 of the Convention, and welcomed the establishment of a national commission for human rights education; and it welcomed the measures taken in the economic and social spheres, which had resulted in economic growth and a significant reduction in poverty.
The Committee took note of the view of the State party as to the homogeneity of its population; however, since the report itself referred to the liberties and rights of those who were not Arabs and Muslims, and in the light of the absence of statistical data on the ethnic composition of Tunisian society, the Committee recommended that the State party provide an estimate of the demographic composition of the population.
The Committee regretted that the State party did not provide information on the Berber (Amazigh) population and on measures taken for the protection and promotion of the Berber culture and language; and it requested specific and concrete information on the situation of Berbers.
The Committee encouraged Tunisia to consult with organizations of civil society working in the area of combating racial discrimination during the preparation of the next periodic reports. It noted that the State party had not made the optional declaration provided for in article 14 of the Convention, and urged the State party to consider the possibility of making such a declaration.

Uganda
In response to the second to tenth periodic reports of Uganda, the Committee welcomed, among other things, the establishment of the Ugandan Human Rights Commission, which represented a positive step towards combating violations of human rights and promoting the implementation of the Convention.
While noting with satisfaction the legislative measures and the judicial mechanisms in place to ensure the return of property to persons of Asian origin, the Committee regretted that such measures had not been fully carried out, due mainly to insecurity in the country and a lack of adequate administrative measures. The Committee invited the State party to submit in its next periodic report additional information regarding further possible measures or mechanisms which might be adopted to fully indemnify all victims of such expropriations and to address the increasing number of applicants.
The Committee noted with concern that no information on cases relating to the offences of sectarianism, incorporated in the Penal Code in 1998, had been provided in the report; expressed concern about the absence of an explicit penal provision in the State party's legislation prohibiting organizations and propaganda activities that advocated racial hatred; and regretted the insufficiency of information on the participation of minorities in the economic and social development of the country. The Committee said it was concerned about reports of a difficult human rights situation among the Batwa people, particularly in relation to the enjoyment of their rights over lands traditionally occupied by them, and requested information with regard to that issue in reference to General Recommendation XXIII.
While noting efforts made by the State party to resume dialogue with rebels of the Lord's Resistance Army in the north of the country, the Committee remained concerned about the reports of grave acts of violence committed during internal strife against different tribes in the Gulu and Kitgum districts; it invited the State party to continue its efforts to restore peace in the region and to protect vulnerable groups from human rights violations, notably tribal groups and children.

Morocco
Among positive aspects in the fourteenth to sixteenth periodic reports of Morocco, the Committee welcomed with satisfaction the State party's continued efforts to promote a culture of human rights; the establishment of an Ombudsman (Diwan Al Madhalim); the increased attention being paid to the Amazigh culture, with the establishment of the Royal Institute of Amazigh Culture; and the steps taken by the State party to make the declaration provided for in article 14 of the Convention.
The Committee invited the State party to consider the possibility of constitutional recognition of the Amazigh component of the population in its territory; and also invited the State party to recognized Amazigh as one of the national languages and to introduce the teachings of Amazigh at all levels of the education system. It requested the State party to take appropriate steps to put an end, once and for all, to the practice of prohibiting the entering of Amazigh first names in the civil register.
The Committee expressed concern at reports that members of Amazigh associations had suffered violations of the right to freedom of assembly and association. It recommended the inclusion of more programmes in Amazigh in public media broadcast schedules.
The Committee noted that Morocco had expressed a willingness to provide information on socio-economic indicators relating to the situation of the Amazigh, Blacks, Sahraouis and other minorities and would like to see such information included in the State party's next report.

Ecuador
Among positive aspects in the thirteenth to sixteenth periodic reports of Ecuador, the Committee noted with satisfaction that the 1998 Constitution, as well as other legal provisions, guaranteed special measures of protection for indigenous people and Afro-Ecuadorians people, and criminalized racial discrimination against those and other ethnic minorities.
The Committee noted that despite Constitutional and legal guarantees, indigenous and Afro-Ecuadorian people, as well as members of other ethnic minorities were de facto discriminated against. It urged the State party to ensure the application of the Constitutional and legal provisions which outlawed racial discrimination and guaranteed special protection measures.
Serious concern was expressed about reported instances of excessive use of force by the police and armed forces against indigenous people, particularly in the context of political demonstrations and civil uprisings. The Committee recommended that the State party avoid such instances and that it include human rights education in the professional training of police and armed forces.
The Committee was concerned about the fact that members of the ethnic minority groups often did not enjoy equal access to the employment market, land and means of agricultural production, health services, education and other facilities, and that a disproportionately high percentage of persons among those groups lived in conditions of poverty. It urged that efforts be intensified to raise the living standards of those communities with a view to ensuring their full enjoyment of their economic, social and cultural rights.

Saudi Arabia
Concerning the initial and second periodic reports of Saudi Arabia, the Committee cited among positive aspects the reforms in the field of human rights which the State party had embarked on; the dialogue and cooperation of the State party with the UN human rights mechanisms; the recent initiative taken to include non-Saudis in a health insurance system; and the measures taken to put an end to the practice of employers who retained the passports of their foreign employees.
The Committee noted that insufficient information had been provided on efforts to promote racial tolerance within the State party, such as school curricula and public information campaigns; it recommended that information be provided in the next report. The Committee recommended that the State party institute training programmes on human rights for law enforcement officials, including policemen, military and prison staff, and members of the judiciary.
The Committee was concerned about reports that persons of other racial or ethnic origins were unable to manifest their religious beliefs; and it wished to receive further information on that issue.
The Committee was concerned with allegations of substantial prejudice against migrant workers, in particular those coming from Asia and Africa; the Committee invited the State party to report on the situation of migrant women working as domestic workers and drew the attention of the State party to its General Recommendation XXV on gender-related dimensions of racial discrimination.
The Committee was concerned about the situation of Iraqi refugees who had lived in the Rafha refugee camp for more than twelve years under very difficult circumstances; and it hoped that the State party would find a solution to that problem in the near future.

The Russian Federation
Concerning the fifteenth to seventeenth periodic reports of the Russian Federation, the Committee welcomed, among other things, the adoption and entry into force of the Labour Code, and in particular the provisions aimed at the eradication of discrimination in labour relations; and welcomed the adoption of a number of laws that aimed at protecting the rights of indigenous peoples, and the efforts taken to enhance cooperation between the State party and civil society organizations.
The Committee was concerned about reports of racially selective inspections and identity checks targeting people from specific minorities, including those from the Caucasus and Central Asia, and the Roma people. It recommended that the State party take immediate steps to stop the practice of arbitrary identity checks by law enforcement authorities.
With regard to an upcoming referendum in the Republic of Chechnya, the Committee recommended that the Russian Government support public debate on the proposed constitution and that it make every effort to ensure that the referendum would serve as a step towards bringing peace to the region.
The Committee said it was concerned about the incidence of violent racist attacks against ethnic minorities by, inter alia, neo-Nazis and skinheads; and it recommended that Russia strengthen its efforts to prevent racist violence and to protect members of ethnic minorities and foreigners, including refugees and asylum seekers.

Poland
Cited among the positive aspects of the fifteenth and sixteenth periodic reports of Poland were the State party's withdrawal of its reservation under article 22 of the Convention, its declaration under article 14 of the Convention, recognizing the competence of the Committee to receive and consider individual complaints, and its ratification of the amendment to article 8 of the Convention; the establishment within Parliament of a Committee for National and Ethnic Minorities, and ongoing efforts to draft a comprehensive law on the protection of national minorities.
The Committee said it was concerned that some cases of incitement to racial hatred had been dismissed based on conclusions that these acts had caused a low degree of damage to society; and it expressed the view that, according to the Convention, all such cases were very harmful to society. The Committee also cited concerned about reports of racially motivated harassment and discrimination against Jews, Roma and persons of African and Asian origin which had not been properly investigated by law-enforcement agencies. It recommended that the Government intensify its efforts to combat and punish all such cases; and that law-enforcement bodies and the judiciary be given adequate training and instructions on how to address complaints of racially motivated crime.
The Committee welcomed Poland's efforts to implement a comprehensive programme to guarantee the rights of the Roma population in the Malopolska region, and encouraged it to extend the programme to other regions of the country. It noted efforts to meet the specific educational needs of Roma children, yet said it was concerned that in some cases those efforts had led to segregated classes in which Roma received a lower standard of education than did their Polish counterparts. The Committee recommended that new programmes integrate Roma children into mainstream schools as far as possible.

Slovenia
Responding to the fifth periodic report of Slovenia, the Committee noted the entry into force in December 2002 of an Act amending the Citizenship Act of 1991 simplifying the procedure for the acquisition of citizenship for specific categories of persons residing in the country; and the recent steps taken by the State party to further implement the Convention, such as the adoption of specific anti-discrimination legislation.
The Committee said it appreciated the flexible approach of Slovenia as regarded the education of Roma children by attempting to address the issue in each given community; however, the Committee was concerned at the existing practice under which some children might be educated in vocational centres for adults, and others in special classes; and it encouraged the Government to promote the integration of children of Roma origin into mainstream schools.
The Committee said it was encouraged by the steps taken by the State party to address the long-standing issue of persons living in Slovenia who had not been able to obtain citizenship. It was, however, concerned that many of the persons who had not acquired Slovene citizenship might experience difficulties in producing the documents required by the new citizenship law; and it recommended that the Government give priority to addressing that issue.
The Committee said it was concerned that a significant number of persons who had been living in Slovenia since independence without Slovenian citizenship might have been deprived of their pensions, of apartments of which they were the legal tenants prior to independence, of health care and of other rights. It requested that the Government provide, in its next periodic report, specific information on that issue and on any remedies provided.

Ghana
Among positive aspects in the sixteenth and seventeenth periodic reports of Ghana, the Committee noted with appreciation the high quality of the report and the frankness and openness with which the Government had dealt with the situation in the country on matters relevant to the Convention. It also praised the approach adopted by the State party with respect to the customs and traditions of various ethnic groups.
The Committee said it was concerned that ethnic discrimination remained an undercurrent in Ghanaian society, and that, according to a 1997 survey, 25 per cent of the respondents had felt discriminated against due to their tribal origins. It recommended that highest priority be given to the eradication of discriminatory practices and racial prejudices in the country.
The Committee also said it was concerned about the occurrence of sporadic violent ethnic conflicts in Ghana, and it welcomed the efforts undertaken by the State party to mitigate such events. It further expressed concern about the existence of traditional practices that, according to the report, discriminated against people on racial or ethnic grounds, in particular in cases of interracial or inter-ethnic marriages; and it wished to receive information on the measures adopted to eradicate such discriminatory practices.
The Committee said it was concerned about the existing educational gap, which had an ethnic dimension, between populations of certain geographical areas of the country; and it encouraged the Ghanaian authorities to pursue and increase efforts already undertaken to remedy that situation.

Fiji
In the sixth to fifteenth periodic reports of Fiji, the Committee noted, among other positive things, the State party's intention to promote stability in multi-ethnic and multi-cultural Fijian society, its efforts to restore and rebuild confidence among its citizens and communities, and its intent to strengthen the foundation for economic growth and prosperity for all in Fiji.
The Committee said it was concerned about the damage to race relations caused by the 1987 and 2000 coups d'etat in Fiji; and it encouraged the State party to address perceptions that the Government continued to politicise culture, identity and ethnicity to maintain indigenous Fijian hegemony.
The Committee said it was concerned that section 99 of the 1997 Constitution, which ensured power-sharing between ethnic communities through the creation of a multi-party Cabinet, was not currently being implemented. The Committee welcomed the assurances given by the Government that it would comply with the Supreme Court ruling to be issued later this year on that matter.
The Committee expressed concern about the under-representation of Indo-Fijians in the police, the army and other public services in general, and recommended that specific programmes be adopted to ensure appropriate representation of all ethnic communities in those services; and requested that updated statistics on the situation.

Côte d'Ivoire
Among positive aspects in the fifteenth to fourteenth periodic reports of Côte d'Ivoire, the Committee welcomed with satisfaction the conclusion of the Linas-Marcoussis Agreement of 23 January 2003 and the Accra Agreement of 8 March 2003, which enabled a government of national reconciliation to be formed, as a means of restoring confidence and overcoming the crisis; and the State party's commitment to prosecute any media which might incite hatred or racial discrimination.
The Committee expressed its concern about information relating to police violence, as well as violations committed on an ethnic basis which gave rise to the existence of mass graves in certain regions of the country, and encouraged the State party to continue its efforts to prevent their repetition and to punish the persons responsible for such acts.
Noting with concern that some of the national media had used propaganda to incite war and encourage hatred and xenophobia, the Committee recommended that the State party should take every necessary measure to put an end to that practice.
The Committee recalled the State party's request for the setting up of international commission of inquiry as a fact-finding mechanism throughout the national territory in order to identify cases of serious violations of human rights and international humanitarian law since 19 September 2002. The Committee urged the State party to take the necessary measures and create the necessary conditions for such investigations and to include information on that question in its next periodic report.

Concluding Observations on Situation in Papua New Guinea
The Committee said that despite its repeated requests, Papua New Guinea had not fulfilled its obligations under article 9, paragraph 1, of the Convention; it had submitted neither its periodic report nor the additional information requested concerning situation in Bougainville. No dialogue between the State party and the Committee had taken place since 1984.
The Committee reiterated its previous decisions on Papua New Guinea, in which it requested the State party to fulfil its obligations and to provide information on the situation in Bougainville. It urged the State party to provide information, in particular, on the demographic composition of the population, on the advancement of the economic, social and cultural rights of various ethnic groups, and on incidents of racial discrimination.
The Committee drew the attention of the State party to the provisions of the Declaration and Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, according which the International Convention was the principal international instrument for the elimination of racism, racial discrimination, xenophobia and related intolerance, and States were urged to cooperate with the Committee to promote the effective implementation of the Convention.
Further, the Committee wished to make a strong appeal to the authorities of Papua New Guinea to resume a dialogue with the Committee and to that end to submit a report in accordance with article 9 of the Convention. The Committee wished to draw the State party's attention to the possibility of availing itself of technical assistance offered under the advisory services and technical assistance programme of the Office of the United Nations High Commissioner for Human Rights.
The Committee decided that, in the absence of any indication on the part of the State party that it would comply with its obligation under article 9, paragraph 1, of the Convention, it would consider the implementation of the Convention in that country at its sixty-fourth session, in March 2004.

Declaration
The Committee, expressing itself within the framework of its mission of implementation of the International Convention on the Elimination of all Forms of Racial Discrimination; and alarmed by the worsening of the situation in the world since the terrorist attacks of 11 September 2001 and by the current threats of recourse to force in the Middle East; drew the attention of the international community against the devastating effects of any resort to war, not only at the military, economic, political, social level and in relation to the fate of civilian populations, but also because of the resurgence of phenomena of racial and ethnic discrimination, xenophobia, intolerance, and even terrorism, that would undoubtedly result from them. It called upon the Security Council and the international community to find a peaceful solution to the current crisis in compliance with the international legal order binding upon all.

Decision on Côte d'Ivoire
The Committee, concerned that there were many displaced persons who were in a precarious humanitarian situation and who might, as a result of the present crisis, be subjected to acts or manifestations of discrimination; taking note of the request by the delegation of Côte d'Ivoire for increased assistance by the international community on behalf of the displaced persons; urged the UN Secretary-General to invite the competent United Nations organizations, in their perspective fields of competence, to adopt the appropriate humanitarian assistance measures on behalf of the displaced persons in Côte d'Ivoire, particularly measures to help the Government in its efforts to prevent or halt acts of discrimination based on race or ethnic origin.

Decision on Guyana
The Committee recognized the difficult economic and social conditions facing Guyana and remained deeply concerned about the extensive political and ethnic conflicts which had aggravated the situation in the country and led to serious clashes. Many intergovernmental and non-governmental organizations and UN agencies agreed that the vicious circle of political and ethnic tensions had brought Guyana to a state of political instability which adversely affected human rights and had weakened civil society, increasing racial violence, poverty and exclusion among indigenous population groups, and hampering both the administrative of justice and the application of human rights standards.
While the Committee had acceded to the State party's request to submit its initial report in March 2004 in light of the urgent character of the situation outlined in this text, it might request and discuss information on the state of racial discrimination in Guyana under its early warning and urgent action procedure even earlier than March 2004.

Adoption of a Text on the Committee's Response to the Report on Poverty Reduction
In the text it adopted on the Committee's response to the report "Draft Guidelines: a human rights approach to Poverty Reduction Strategies", the Committee welcomed the document submitted by the Office of the High Commissioner for Human Rights. The draft guidelines constituted a substantial contribution to the discussion of a rights-based approach to poverty reduction. The link between poverty and discrimination noted by the Committee, when considering the situation of various countries in all regions of the world, made the draft guidelines very relevant to combating discrimination. The guidelines might become an important tool for the elimination of poverty-sustained discrimination which had so far proved to be a difficult endeavour.
Among the responses of the Committee, it was emphasized that more attention could be given to some ethnic groups that were particularly vulnerable to discrimination and poverty and in particular the Roma, indigenous peoples and persons discriminated against on the basis of descent. Furthermore, the Committee suggested that circumstances where racial discrimination mainly affected women be given greater emphasis.
The Committee welcomed the draft guidelines and expressed the hope that those comments would contribute to strengthen the perspective of equal treatment and non-discrimination in combating poverty.



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