COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS DRAFT CONCLUDING OBSERVATIONS ON REPORTS OF SENEGAL, YEMEN

CERD
61st session
21 August 2002
Afternoon



Adopts Statement to Forthcoming
World Summit on Sustainable Development



The Committee on the Elimination of Racial Discrimination this afternoon considered draft concluding observations and recommendations on periodic reports of Senegal and Yemen.
The draft texts will be formally adopted on Friday, 23 August, before the Committee closes its three-week summer session.
Among positive aspects cited in the draft document on Senegal, if adopted in its definitive form, the Committee will welcome the State party's attachment to human rights and the active role it has played in that field at both international and regional levels.
The Committee will note with concern the persistence 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.
With regard to Yemen, if the text is adopted in its definitive form, the Committee will welcome recent developments in the State party with regard to human rights; the Committee will express concern about the claim by the State party that there was no racial discrimination in the country; and it will recommend that the State party take effective measures to prevent racial discrimination and to give full effect to the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
Also this afternoon, 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 fulfil all human rights commitments, as well as to recognize ethnic and cultural diversity as essential preconditions for sustainable development and a just and equitable social order.
The Committee will continue at 10 a.m. on Thursday, 22 August its consideration of draft concluding observations and recommendations on country reports already examined during the current session.

Draft Concluding Observations on Senegal
The Committee discussed its concluding observations and recommendations on the eleventh to fifteenth periodic reports of Senegal, which it will formally adopt at the end of its three-week session on Friday, 23 August.
Among the positive aspects cited in the draft document, if adopted in its definitive form, the Committee will note with satisfaction the progress made in the field of human rights, and will welcome the role played by non-governmental organizations in Senegal. The Committee will further welcome Senegal's attachment to human rights and the active role it has played in that field at both international and regional levels. It will note the measures taken to combat discrimination based on sex and the banning of genital mutilation, and will appreciate the Government's efforts to settle the Casamance conflict.
According to the draft text, the Committee will note 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 will be 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 will seek clarification concerning forms of discrimination affecting women, from the viewpoint of double discrimination, based both on sex and on national or ethnic origin; it will recommend 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 will note 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 will also recommend that the State party ensure that the existing provisions were effectively applied by taking steps to guarantee access to justice for victims.
The Committee will recommend that Senegal take into account the relevant passages of the Durban Declaration and Programme of Action when applying the provisions of the Convention.

Draft Concluding Observations on Yemen
The Committee will release the final version of its draft concluding observations on the eleventh to fourteenth periodic reports of Yemen on Friday, 23 August.
Among the positive aspects cited in the draft text, if adopted in its definitive form, the Committee will welcome 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; it will further welcome Yemen's willingness to cooperate with United Nations international agencies and non-governmental organizations in the field of human rights, including on issues related to racial discrimination, and the progress made by Yemen in opening up the dialogue with civil society. It will also welcome 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.
According to the draft text, the Committee will express 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. It will regret the lack of information in the report concerning the demographic composition of the population and the socio-economic status of all groups covered by the Convention. It will express concern about the claim by the State party that there was no racial discrimination in the country; and it will recommend that the State party take effective measures to prevent racial discrimination and to give full effect to the provisions of the Convention.
The Committee will further express 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 will recommend 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 will note the absence of information in the report on cases of complaints related to racial discrimination; and it will recommend that the State party include in its next period report specific information on cases of discrimination, if any.
The Committee will recommend that the State party take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order.
Committee Statement to World Summit on Sustainable Development
The Committee called on all States to respect and fulfil all human rights commitments, as well as to recognize ethnic and cultural diversity as essential preconditions for sustainable development and a just and equitable social order; invoked 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 collaborate with States parties and other United Nations mechanisms 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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