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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORT OF DOMINICAN REPUBLIC
23 August 1999
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AFTERNOON
HR/CERD/99/62
23 August 1999
Adopts Concluding Observations on Report of Kyrgyzstan
The Committee on the Elimination of Racial Discrimination this afternoon began consideration of a report from the Dominican Republic, welcoming Government initiatives to renew dialogue with the Committee after a lapse of more than 10 years between reports.
The report of Dominican Republic on national efforts to comply with the Convention on the Elimination of All Forms of Racial Discrimination was introduced by Henry Garrido, Ambassador in charge of the Human Rights Secretariat at the Ministry of External Relations of the Dominican Republic, who said the country's human-rights situation had radically improved as a result of legislative and administrative measures introduced by the Government. He added that members of human-rights organizations and institutions had made positive comments about progress made in the country since its Constitutional reform of 1994.
Luis Valencia Rodriguez, the Committee Expert who served as country rapporteur for the report of Dominican Republic, said it was a good news that the Government had renewed its dialogue with the members of the Committee since the last Dominican report had been considered in 1988.
Committee Experts Deci Zou, Regis de Gouttes, Theodoor van Boven, Michael P. Banton, Ivan Garvalov, and Ion Diaconu also participated in the discussion, querying the Government delegation on such issues as the rate of illiteracy; alleged discrimination against black Dominicans; and reported human-rights violations against Haitians living in Dominican Republic, among other things.
The delegation of Dominican Republic was also made up of Richard Benoit, Assistant to the Procurator General of the Republic; Washington Gonzalez, Deputy State Secretary and Director-General of Labour; Federico Alberto Cuello Camilo, Ambassador and Permanent Representative of the Dominican Republic to the United Nations Office at Geneva; and Ysset Roman Maldonado, Minister-Counsellor at the Permanent Mission of the Dominican Republic to the United Nations and other international organizations at Geneva.
As one of 155 States parties to the Convention on the Elimination of All Forms of Racial Discrimination, the Dominican Republic must submit periodic reports to the Committee on efforts to implements the international treaty.
Also this afternoon, the Committee adopted concluding observations on a report of Kyrgyzstan considered earlier in the Committee’s summer four-week session, expressing concern, among other things, about racial discrimination against inhabitants who were not ethnic Kyrgyz in the fields of employment and housing, in particular members of the country’s Russian-speaking minority.
When the Committee reconvenes at 10 a.m. Tuesday, 24 August, it will continue its consideration of the report of the Dominican Republic.
Report of Dominican Republic
The eighth periodic report of Dominican Republic (document CERD/D/331/Add.1) gives the historical background of the country since the Spanish conquistadors arrived in 1492, and describes the process through which the present population became a product of a mixed race of African, Indian and Spanish origin. The nine-page report says an “ethnic minority” would consist of supposedly pure white or black individuals, while the great majority of the Dominican people is clearly of mixed race.
The report says that never in the history of the Dominican Republic has there been any form of legislation whatever establishing racial discrimination, even in veiled terms. The Dominican ethnic type varies in colour, depending on the racial factors combined in any one individual. The skin coloration in the "mestizo", who came to be known after the colonial period as "mulato", owing to the biological depletion of indigenous women, ranges from darker to lighter tones, with the frequent appearance of Caucasian features, although often accompanied by thick hair, says the report.
Introduction of Report
HENRY GARRIDO, Ambassador in charge of the Human Rights State Secretariat at the Ministry of External Relations of the Dominican Republic, and Head of the Government delegation appearing before the Committee, said his country had come out of its isolation and would like to announce the efforts it was making to fulfil its international obligations. He said the delay in submitting the Government's report could be attributed to reasons related to the process of democratization and structural change in the country.
Mr. Garrido said his country's human-rights situation had radically improved as a result of legislative and administrative measures introduced by the Government. Members of human-rights organizations and institutions had made positive comments about the progress made in the country since its Constitutional reform of 1994. In addition, in 1997, the Government of the Dominican Republic had received a visit from members of the Committee on Economic, Social and Cultural Rights who had witnessed the improvements undertaken by the Government and the measures taken to comply with the International Covenant of Economic, Social and Cultural Rights. In addition, the 1999 report of Human Rights Watch had not included the Dominican Republic among Latin American States with records of human-rights violations.
The Supreme Court of Justice had established procedures under which citizens could lodge complaints claiming redress for any prejudices they were subjected to, Mr. Garrido said. The Government had also recognized the competence of the Inter-American Human Rights Court of the Organization of American States.
Mr. Garrido said there were an estimated 700,000 Haitians living illegally or legally in the Dominican Republic. Relations between Haiti and the Dominican Republic had improved and those who lived in the country shared the social benefits provided by the host Government. Haitian children had also been admitted to Dominican schools, and for those who lived in the boarder areas, Haitian teachers were allowed to educate the children. However, not all Haitian children were going to school because of lack of interest by their parents in educating them.
Discussion
LUIS VALENCIA RODRIGUEZ, the Committee Expert who served as country rapporteur for the report of Dominican Republic, said it was good news that the Government had renewed its dialogue with the members of the Committee since the country’s last report had been considered in 1988. In its concluding observations adopted in March 1997, when it considered the situation in Dominican Republic in the absence of a report or a Government delegation, the Committee had regretted that the Government did not respond to its invitation to come before the Committee.
Mr. Valancia Rodriguez said the society of the Dominican Republic was multi-racial and multi-ethnic, with a majority being of mixed race. In addition, it was estimated that between half to a million Haitians lived in the country and were mainly engaged in activities of sugar-cane cutting and in other agricultural sectors.
With regard to the existence of racial discrimination, Mr. Valencia Rodriguez said that the report had indicated the "non-existence of racial prejudice" and had said that "notwithstanding the possibility that there might be some individuals in the country who might discreetly support racial prejudice, there is absolutely no foundation for the belief that there is discrimination against Haitians living in the country". In the same report, in a different paragraph, information had appeared that "no social discrimination existed" instead of "racial". Further clarification was asked by the Expert.
Mr. Valencia Rodriguez recalled that the Committee on Economic, Social and Cultural Rights, in its concluding observations, had expressed particular concern over the existence of exploitation of Haitians and over their unacceptable living conditions. The majority of Haitians worked in extremely vulnerable situations and were paid less than half what a Dominican received for the same work, he said. In addition to their economic exploitation in the "bateyes", Haitians were subject to deportation and other treatment under inhuman conditions, he said.
Other Committee Experts also commented on the report, querying members of the Dominican delegation on such issues as the rate of illiteracy; alleged discrimination against black Dominicans; and reported human-rights violations against Haitians living in Dominican Republic, among other things.
Concluding observations on report of Kyrgyzstan
The Committee noted that the Constitution of Kyrgyzstan prohibited any kind of discrimination on grounds of origin, sex, race, nationality, language, faith, political or religious or any other personal or social trait or circumstance, and that the prohibition against racial discrimination was also included in other legislation, such as the country’s civil, penal and labour codes.
Among its principal concerns, the Committee said it was preoccupied with racial discrimination against inhabitants who were not ethnic Kyrgyz in the fields of employment and housing, in particular members of the Russian-speaking minority.
The Committee suggested, among other things, that the Government take steps to ensure that national legislation was in full conformity with article 4(b) of the Convention; and that it send further information regarding the practical enjoyment by ethnic and national minorities of the rights listed in article 5(e) of the Convention, in particular the right to work -- including the right to equal opportunities for promotion and career development -- and the rights to health, education and to housing.
HR/CERD/99/62
23 August 1999
Adopts Concluding Observations on Report of Kyrgyzstan
The Committee on the Elimination of Racial Discrimination this afternoon began consideration of a report from the Dominican Republic, welcoming Government initiatives to renew dialogue with the Committee after a lapse of more than 10 years between reports.
The report of Dominican Republic on national efforts to comply with the Convention on the Elimination of All Forms of Racial Discrimination was introduced by Henry Garrido, Ambassador in charge of the Human Rights Secretariat at the Ministry of External Relations of the Dominican Republic, who said the country's human-rights situation had radically improved as a result of legislative and administrative measures introduced by the Government. He added that members of human-rights organizations and institutions had made positive comments about progress made in the country since its Constitutional reform of 1994.
Luis Valencia Rodriguez, the Committee Expert who served as country rapporteur for the report of Dominican Republic, said it was a good news that the Government had renewed its dialogue with the members of the Committee since the last Dominican report had been considered in 1988.
Committee Experts Deci Zou, Regis de Gouttes, Theodoor van Boven, Michael P. Banton, Ivan Garvalov, and Ion Diaconu also participated in the discussion, querying the Government delegation on such issues as the rate of illiteracy; alleged discrimination against black Dominicans; and reported human-rights violations against Haitians living in Dominican Republic, among other things.
The delegation of Dominican Republic was also made up of Richard Benoit, Assistant to the Procurator General of the Republic; Washington Gonzalez, Deputy State Secretary and Director-General of Labour; Federico Alberto Cuello Camilo, Ambassador and Permanent Representative of the Dominican Republic to the United Nations Office at Geneva; and Ysset Roman Maldonado, Minister-Counsellor at the Permanent Mission of the Dominican Republic to the United Nations and other international organizations at Geneva.
As one of 155 States parties to the Convention on the Elimination of All Forms of Racial Discrimination, the Dominican Republic must submit periodic reports to the Committee on efforts to implements the international treaty.
Also this afternoon, the Committee adopted concluding observations on a report of Kyrgyzstan considered earlier in the Committee’s summer four-week session, expressing concern, among other things, about racial discrimination against inhabitants who were not ethnic Kyrgyz in the fields of employment and housing, in particular members of the country’s Russian-speaking minority.
When the Committee reconvenes at 10 a.m. Tuesday, 24 August, it will continue its consideration of the report of the Dominican Republic.
Report of Dominican Republic
The eighth periodic report of Dominican Republic (document CERD/D/331/Add.1) gives the historical background of the country since the Spanish conquistadors arrived in 1492, and describes the process through which the present population became a product of a mixed race of African, Indian and Spanish origin. The nine-page report says an “ethnic minority” would consist of supposedly pure white or black individuals, while the great majority of the Dominican people is clearly of mixed race.
The report says that never in the history of the Dominican Republic has there been any form of legislation whatever establishing racial discrimination, even in veiled terms. The Dominican ethnic type varies in colour, depending on the racial factors combined in any one individual. The skin coloration in the "mestizo", who came to be known after the colonial period as "mulato", owing to the biological depletion of indigenous women, ranges from darker to lighter tones, with the frequent appearance of Caucasian features, although often accompanied by thick hair, says the report.
Introduction of Report
HENRY GARRIDO, Ambassador in charge of the Human Rights State Secretariat at the Ministry of External Relations of the Dominican Republic, and Head of the Government delegation appearing before the Committee, said his country had come out of its isolation and would like to announce the efforts it was making to fulfil its international obligations. He said the delay in submitting the Government's report could be attributed to reasons related to the process of democratization and structural change in the country.
Mr. Garrido said his country's human-rights situation had radically improved as a result of legislative and administrative measures introduced by the Government. Members of human-rights organizations and institutions had made positive comments about the progress made in the country since its Constitutional reform of 1994. In addition, in 1997, the Government of the Dominican Republic had received a visit from members of the Committee on Economic, Social and Cultural Rights who had witnessed the improvements undertaken by the Government and the measures taken to comply with the International Covenant of Economic, Social and Cultural Rights. In addition, the 1999 report of Human Rights Watch had not included the Dominican Republic among Latin American States with records of human-rights violations.
The Supreme Court of Justice had established procedures under which citizens could lodge complaints claiming redress for any prejudices they were subjected to, Mr. Garrido said. The Government had also recognized the competence of the Inter-American Human Rights Court of the Organization of American States.
Mr. Garrido said there were an estimated 700,000 Haitians living illegally or legally in the Dominican Republic. Relations between Haiti and the Dominican Republic had improved and those who lived in the country shared the social benefits provided by the host Government. Haitian children had also been admitted to Dominican schools, and for those who lived in the boarder areas, Haitian teachers were allowed to educate the children. However, not all Haitian children were going to school because of lack of interest by their parents in educating them.
Discussion
LUIS VALENCIA RODRIGUEZ, the Committee Expert who served as country rapporteur for the report of Dominican Republic, said it was good news that the Government had renewed its dialogue with the members of the Committee since the country’s last report had been considered in 1988. In its concluding observations adopted in March 1997, when it considered the situation in Dominican Republic in the absence of a report or a Government delegation, the Committee had regretted that the Government did not respond to its invitation to come before the Committee.
Mr. Valancia Rodriguez said the society of the Dominican Republic was multi-racial and multi-ethnic, with a majority being of mixed race. In addition, it was estimated that between half to a million Haitians lived in the country and were mainly engaged in activities of sugar-cane cutting and in other agricultural sectors.
With regard to the existence of racial discrimination, Mr. Valencia Rodriguez said that the report had indicated the "non-existence of racial prejudice" and had said that "notwithstanding the possibility that there might be some individuals in the country who might discreetly support racial prejudice, there is absolutely no foundation for the belief that there is discrimination against Haitians living in the country". In the same report, in a different paragraph, information had appeared that "no social discrimination existed" instead of "racial". Further clarification was asked by the Expert.
Mr. Valencia Rodriguez recalled that the Committee on Economic, Social and Cultural Rights, in its concluding observations, had expressed particular concern over the existence of exploitation of Haitians and over their unacceptable living conditions. The majority of Haitians worked in extremely vulnerable situations and were paid less than half what a Dominican received for the same work, he said. In addition to their economic exploitation in the "bateyes", Haitians were subject to deportation and other treatment under inhuman conditions, he said.
Other Committee Experts also commented on the report, querying members of the Dominican delegation on such issues as the rate of illiteracy; alleged discrimination against black Dominicans; and reported human-rights violations against Haitians living in Dominican Republic, among other things.
Concluding observations on report of Kyrgyzstan
The Committee noted that the Constitution of Kyrgyzstan prohibited any kind of discrimination on grounds of origin, sex, race, nationality, language, faith, political or religious or any other personal or social trait or circumstance, and that the prohibition against racial discrimination was also included in other legislation, such as the country’s civil, penal and labour codes.
Among its principal concerns, the Committee said it was preoccupied with racial discrimination against inhabitants who were not ethnic Kyrgyz in the fields of employment and housing, in particular members of the Russian-speaking minority.
The Committee suggested, among other things, that the Government take steps to ensure that national legislation was in full conformity with article 4(b) of the Convention; and that it send further information regarding the practical enjoyment by ethnic and national minorities of the rights listed in article 5(e) of the Convention, in particular the right to work -- including the right to equal opportunities for promotion and career development -- and the rights to health, education and to housing.
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