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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORT OF MOZAMBIQUE
06 August 2007
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Committee on elimination
of Racial Discrimination
6 August 2007
The Committee on the Elimination of Racial Discrimination has considered the second to twelfth periodic reports of Mozambique on its implementation of the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.
Esperança Machavela, Minister of Justice of Mozambique, introducing the report, began by noting that, on the eve of the proclamation of the independence of Mozambique, the then-Prime Minister, Joaquim Alberto Chissano had declared: "Mozambique more than a multiracial country, is an anti-racist country". That showed that from the beginning of its construction, Mozambique had been attached to the fundamental principles of dignity and equality of human beings. The Constitution of Mozambique guaranteed the universal principle of equality of all citizens and prohibited discrimination based on race, colour, sex and ethnic origin, and concretized the political commitment to respect for human rights. Other relevant legal instruments included the Tourism Law, which established that tourism service providers had to provide services without discrimination on the basis of nationality, ethnic origin, and religion, and assigned civil and criminal liability for violations, and the Labour Law, which consecrated the right to work, and called for non-discrimination on the basis of sexual orientation, race or HIV/AIDS status, among others. In addition, among efforts under way to amend discriminatory legislation was a review of the Penal Code.
In preliminary concluding observations, Kokou Ewomsan, the Committee Expert who served as country Rapporteur for the report of Mozambique, welcomed the determination shown by the Government of Mozambique to reduce poverty and to promote social peace and justice. In the African context, the need to fight racist propaganda was essential. Mozambique had realized that the most effective way to address that problem was through education, and in particular the introduction of human rights education. There was still work to do, however, notably in bringing national legislation in Mozambique into line with the Convention. There was also a need to ensure that people, judges, and other law enforcement officials were aware of the Convention and its provisions, so that it could be implemented effectively.
Other Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, that the Human Rights Commission should be set up in such a way as to guarantee its independence; the rights of non-citizens; the situation of unaccompanied minors coming into the country, in particular Zimbabwean children; trafficking in children; a breakdown by country of origin for cases involving application for citizenship; and what specific provisions against discrimination were contemplated in the reformed Criminal Code. An Expert wondered if there were notable economic and social disparities between the ethnic groups in Mozambique and, if so, if affirmative action measures were contemplated to address them. Two Experts wondered that, with only 16 ethnic groups, there were 732 religious denominations. Several Experts, while they applauded the pilot project on bilingual education being carried out by Mozambique, appeared to worry that it might be overambitious, in particular in view of the need to ensure literacy in the official language (Portuguese).
The delegation of Mozambique also included Frances Rodrigues, Permanent Representative of Mozambique to the United Nations Office at Geneva, and representatives from the Ministry of Justice, the Ministry of Foreign Affairs and Cooperation and the Ministry of Education and Culture of Mozambique.
The Committee will present its written observations and recommendations on the combined second to twelfth periodic reports of Mozambique at the end of its session, which concludes on 18 August.
At the end of its meeting, the Committee also held an exchange of views with Asma Jahangir, Special Rapporteur on freedom of religion or belief, who said that she had read the opinions and concluding observations issued by the Committee, and had noticed the intersectionality between race and religion that had been brought to the Committee's attention from time to time and that it had acted upon it accordingly. She encouraged the Committee to continue along that path.
In the following debate, Experts raised the topicality of the linkages between race and religion in the post 11 September 2001 world, and rising Islamophobia; the difficulty of sorting out culture and religion in the case of indigenous peoples; and the fact that both race and religion were social constructions. In general, the concern was raised not to exceed the mandate of the Convention, on the one hand, and not to ignore the obvious intersections between race and religion, on the other. In that connection, the Committee's ability to consider double discrimination was raised.
Also at the meeting, the Chairperson, Régis de Gouttes, announced some Bureau decisions. First, with regard to treaty body reform, it had been decided to establish a working group on improving the methods of work of the Committee, following the request made at the Inter-Committee Meeting and the meeting of chairpersons of treaty bodies in June. As to the thematic debate the Committee was scheduled to undertake, there had been fresh recommendations for its theme: special measures; minorities; and links between race and religion. The Bureau lent towards the topic of special measures; however, in the ensuing discussion a number of different positions were expressed, and it appeared some further discussion was needed. Finally, topics had been suggested for the upcoming discussion at the Meeting of the States Parties to be held on 14 August: improvement and harmonization of methods of work; follow-up to the concluding observations; follow-up to individual communications; treaty body reform; and the relationship with the Human Rights Council, in particular in the context of the Universal Periodic Review.
When the Committee reconvenes at 3 p.m. this afternoon, it is scheduled to take up the combined eleventh to fifteenth periodic reports of the Democratic Republic of the Congo (CERD/C/COD/15).
Report of Mozambique
In 2005, a new Constitution of the Republic of Mozambique entered into force. The second to twelfth periodic reports of Mozambique, submitted in one document (CERD/C/MOZ/12), says that the Constitution guarantees the continuity and improvement of democracy and the fundamental freedoms of all citizens, irrespective of race, sex, religious belief or ethnic group. Under article 39 of the Constitution, acts intended to undermine national unity, disturb social harmony, or create divisions or situations of privilege or discrimination based on colour, race or sex are punishable by law. Owing to the Government’s consistent promotion of a policy of national unity and non-discrimination, combating all manifestations of discrimination based on ethnic or tribal origin, race, colour, gender or any other attribute, any incidents of discrimination that have occurred in the country have been sporadic and do not reflect an institutionalized policy. Incidents of racial discrimination have their explanation in colonial history and in the mentality of subservience and racial superiority that some persons continue to have. In this context, in certain environments, mainly in parts of the hotel industry, there is often unequal treatment, based on colour, in the services provided to customers; in such cases, white people or mestizos receive preferential treatment over black people. Such treatment is often provided by citizens belonging to the black race who, as was mentioned earlier, still appear to have a mentality of subservience. On other occasions, such treatment is encouraged by foreign citizens, usually natives or former residents of countries where systems of discrimination were deeply rooted until relatively recent times. The incidents that occur have elicited strong moral condemnation on the part of the general public and appropriate action by the Government.
Mozambique has not yet adopted a law on the elimination of racial discrimination that contains provisions for specific measures. However, there is a legal framework that protects victims of discrimination, namely articles 35 and 39 of the Constitution and the various provisions of legislation currently in force. The Government of Mozambique has condemned policies of racial segregation since it achieved independence in 1975. In this regard, it supported the African National Congress in its struggle against the apartheid regime in South Africa and the combatants in Zimbabwe and Namibia during their struggle against the minority racist regimes of Southern Rhodesia and South Africa. In Mozambique, organizations that promote or incite racial discrimination are prohibited by Act No. 8/91 (Associations Act). In accordance with the Constitution and legislation in force in Mozambique, all citizens have access to the judicial system. On this basis, citizens can invoke violations of the provisions of the Criminal Code and the Civil Code in order to obtain compensation for damages. The Criminal Code is currently being reviewed and consideration will be given to establishing criminal responsibility for acts involving racial discrimination, xenophobia and other forms of intolerance.
Presentation of Report
ESPERANÇA MACHAVELA, Minister of Justice of Mozambique, introducing the report, began by noting that, on the eve of the proclamation of the independence of Mozambique, the then-Prime Minister Joaquim Alberto Chissano had declared: "Mozambique more than a multiracial country, is an anti-racist country". That showed that from the beginning of its construction, Mozambique had been attached to the fundamental principles of dignity and equality of human beings.
Ms. Machavela noted that the population of Mozambique was estimated at 19.8 million inhabitants, which was composed of 16 ethnic groups and 732 religious groups. A new population census would be taking place starting on 1 August. Mozambique was also hosting a large number of refugees, coming mainly from the Great Lakes region and Somalia, and today there were 7,034 refugees in the country. Portuguese was the official language of Mozambique, but there were also several national languages.
Ms. Machavela said the Constitution of Mozambique guaranteed the universal principle of equality of all citizens and prohibited discrimination based on race, colour, sex and ethnic origin, and concretized the political commitment to respect for human rights. Other relevant legal instruments included the Tourism Law, which established that tourism service providers had to provide services without discrimination on the basis of nationality, ethnic origin, and religion, and assigned civil and criminal liability for violations, and the Labour Law, which consecrated the right to work, and called for non-discrimination on the basis of sexual orientation, race or HIV/AIDS status, among others. In addition, among efforts under way to amend discriminatory legislation was a review of the Penal Code.
Mozambique possessed a long tradition of coexistence between different races, ethnic and religious groups integrated within a strong policy of social integration, Ms. Machavela said. That cultural and religious diversity had rarely been a reason for conflicts in the country. In Mozambique, there had been no signs of groups qualifying themselves as ethnic minorities and demanding affirmative action plans.
The Constitution of Mozambique recognized the "traditions, culture and Mozambican values" and the traditional authorities were entities that were formally recognized, through the Law of the Local Organs of State. Customary laws had relevance in the operation of community courts, whose objective was the promotion of the access to justice and law and consolidation of proximity of justice, the prevention of conflicts, the reinforcement of social stability and the valorization, in agreement with the Constitution, of the norms, rules, customs, habits and other social values extant in Mozambican society. Particularly in rural areas, there were traditional leaders who had great influence within communities, and possessed legitimacy to act as mediators to regulate conflicts, usually through a community council. In particular, land law recognized the customary law as a form of acquisition of land for use and exploitation, Ms. Machavela said.
The Constitution defined Mozambique as a State of social justice, Ms. Machavela noted. Considering the impact of poverty on the enjoyment of human rights, the Government had designed a programme to reduce poverty and stimulate economic growth. In that context, the Action Plan for the Reduction of Absolute Poverty, 2006-2009, had the goal of reducing the incidence of poverty from 54 per cent in 2003 to 45 per cent in 2009.
Ms. Machavela drew attention to the role of education as a strategic tool in poverty alleviation, as well as in regard to the individual's integration into social and economic life. In light of that, the Government's Strategic Plan for the Development of Education was based on three main pillars: the expansion of access to and equality of education; the improvement of education; and the development of institutional capacity building. Among several initiatives taken to guarantee the access to and equality of education had been the introduction of human rights issues and bilingual education in the school curricula. A pilot project on bilingual education had been carried out between 1992 and 1997 in the two provinces of Gaza and Tete. An external evaluation of that programme had found it to have been a success, and the bilingual programme had subsequently been extended to 16 more languages and more schools – an average of two schools for each province of the country.
Ms. Machavela highlighted that Mozambique had one of the highest HIV/AIDS prevalence rates in the world, with a reported 16.2 per cent of the adult population (15 to 49) HIV-positive. To combat HIV/AIDS and other pandemics, the Government had been implementing several programmes and strategies. Furthermore, the Government was trying to take appropriate measures to prevent exclusion, stigmatization and discrimination of people with HIV/AIDS, particularly in the workplace, and had approved legislation to sanction such acts.
To strengthen the mechanism for the promotion and protection of human rights, independent institutions, such as the Ombudsman, as provided for in the Constitution, would be established: the Law on the establishment of the Ombudsman had already been passed by the Assembly, and the bill creating the National Commission of Human Rights was currently before the Council of Ministers.
As to legal issues, Ms. Machavela noted that, to ensure the implementation of the right to defence as guaranteed in the Constitution, the Institute for Aid and Legal Assistance had been created. Among other objectives, the Institute sought to coordinate the efforts of the different organizations working in this area to ensure legal assistance to citizens lacking funds, including widows and people living with HIV/AIDS, starting at police stations. Further, it sought to enhance the training of magistrates and other judicial employees and legal officials, including prison officers, including training on the Constitution and other human rights instruments. The Institute was also tasked with raising awareness and disseminating information related to promotion and protection of human rights and anti-discrimination efforts. An example of that had been the "Justice and Order" television programme, produced by the Government television station in conjunction with the Ministry of Justice, to inform individuals about their rights and what recourse they had in cases that their rights were violated.
Oral Questions Raised by the Rapporteur and Experts
KOKOU EWOMSAN, the Committee Expert who served as country Rapporteur for the report of Mozambique, said Mozambique had experienced considerable setbacks in the presentation of its reports to the Committee and to other treaty bodies. It had experienced both a war of liberation, and a civil war, as well as natural disasters – periods of flood and drought – that had brought in their wake major displacements both within the country and a flow of refugees into and out of the country. In August 1993, a programme of repatriation had made possible the return of the displaced and refugees – several million refugees and 3.8 million internally displaced.
Despite all that, Mozambique had made significant progress towards democratization and reconstruction, Mr. Ewomsam said, with the holding of elections and the establishment of a new Government on the basis of human rights, notably with the adoption of the 2004 Constitution. Also commendable was the establishment of the post of Ombudsman. Currently Mozambique was in the process of setting up a national human rights institution, in line with the Paris Principles. Progress was also being made in terms of legislation, including the Family Act (2004), and the land ownership laws, which set out that women had the same rights to property as men, as did the Commercial Code.
The Government sanction of customary law, however, might give rise to problems, Mr. Ewomsan worried, as those laws were still deeply rooted to the customs of rural areas. It might be necessary to take measures to strengthen the new legislation. Also, there had as yet been no cases where ratified international treaties had been directly invoked by the courts in Mozambique, and, in that connection, there was a real need to harmonize the Criminal Code with the Convention, to cover all crimes of discrimination.
Mr. Ewomsan welcomed the introduction of human rights in school curricula. In addition, training for the judiciary in human rights should be undertaken.
The report had mentioned that "any incidents of discrimination that have occurred in the country have been sporadic and do not reflect an institutionalized policy". Mr. Ewomsan said he would appreciate further information of such sporadic incidents, and how they had been handled.
Mr. Ewomsan was concerned by reports that members of the Renamo political party had been victims of discrimination in terms of recruitment and promotion in the civil service, and wondered what the Government was doing to combat such practices. In addition, did Mozambique envisage ratifying the International Covenant on Economic, Social and Cultural Rights?
Given the high HIV/AIDS infection rate, Mr. Ewomsan was particularly concerned by an Amnesty International report that there was discrimination with regard to access to health care in Mozambique.
On general human rights issues, Mr. Ewomsan was also concerned by reports of extrajudicial executions and the ill-treatment of suspects by police agents, as well as complaints of trafficking in children for their organs.
Turning to the issue of refugees, had there been voluntary repatriations of the many refugees in the country, Mr. Ewomsan asked. Also, noting that Mozambique appeared to be very generous in granting asylum, there did not appear to be a corresponding generosity in granting citizenship. Could the delegation comment?
Other Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, concern that the Human Rights Commission should be set up in such a way as to guarantee its independence, in accordance with the Paris Principles; whether the Ombudsman's institution had been set up yet and, if so, how many complaints, in particular of racial discrimination, had been received and what had been the action taken; the rights of non-citizens; the situation of unaccompanied minors coming into the country, in particular Zimbabwean children; trafficking in children, and what plans there were to incorporate the provisions of the Protocol to the UN Convention on Transnational Organized Crime on Trafficking in Women and Children (adopted by Mozambique in 2006) into domestic law; land tenure, and whether collective land tenure was recognized; what kinds of acts were held to destroy social harmony, and examples, if any, where individuals had been prosecuted for such acts; what was the situation of those individuals that had not been granted refugee status, but were still present in the country; a breakdown by country of origin for cases involving application for citizenship; and what specific provisions against discrimination were contemplated in the reformed Criminal Code.
An Expert wondered if all the 16 ethnic groups in Mozambique enjoyed the same levels of economic and social development, and if not, whether affirmative action measures were contemplated to address those disparities. Furthermore, he was concerned about how the gender dimension worked in terms of each of those separate ethnicities. An Expert commented that it was remarkable, with only 16 ethnic groups, that there were 732 religious groups in Mozambique, and would appreciate more information on that.
Several Experts while they applauded the pilot project on bilingual education being carried out by Mozambique, appeared to worry that it might be overambitious, in particular in view of the need to ensure literacy in the official language. It was recalled that only 20 per cent of the men in Mozambique spoke Portuguese, and only 12 per cent of the women.
In connection to the language issue, an Expert noted that criteria for granting citizenship included being over 18 years of age, having lived habitually in the country for 10 years, and having a good knowledge of Portuguese. The last requirement begged an explanation, given that the overwhelming majority of the population did not speak the official language.
It was also asked whether Mozambique intended to ratify the amendment to article 8 of the Convention (composition and duties of the Committee), to make a declaration under article 14 (individual communications concerning violations of the Convention), and/or to remove its reservation to article 22 (referral of disputes between parties to the Convention to the International Court of Justice).
Response by Delegation to Oral Questions
Addressing oral questions posed by Experts, ESPERANÇA MACHAVELA, Minister of Justice of Mozambique, first noted, in a general comment, that it was very difficult to define "minority" ethnicities in Mozambique. For example, the Muchopes ethnicity was one of the smaller ones – but the Prime Minister was of that ethnicity. The President of the Assembly, the Minister of Defence and the Head of the University were all of another "minority" ethnicity. The situation in the country made it hard to contemplate affirmative action programmes. For example, all ethnicities were represented in the National Assembly, but that had not been the result of specific legislation. Therefore, what was more important in Mozambique was to focus on preventative measures.
For that reason, Mozambique was looking to reform its courts, Ms. Machavela continued. There was an Interministerial Committee that was responsible for reviewing legislation and ensuring it was in conformity with the international instruments to which Mozambique was a party.
Another member of the delegation, addressing questions on trafficking in persons, noted that the issue had become a particularly sensitive one in Mozambique after the publication of a report on suspected trafficking in human organs. In terms of measures to combat trafficking, Mozambique had ratified the Additional Protocol to the UN Convention against Transnational Organized Crime to Prevent, Punish and Suppress Trafficking in Persons, particularly Women and Children, in 2006. The Council of Ministers had subsequently adopted a Draft Law to Prevent and Combat Trafficking in persons. To involve relevant branches of government, the Attorney General's office, civil society and other relevant actors, seminars had been held in all three regions of the country to try and build a national consensus. The draft law addressed coercion and abuse of power, even by parents, and was consistent with the UN Trafficking Protocol in terms of the definition of trafficking, and provisions concerning prevention, punishment, protection, identity and assistance of victims and a number of other issues, including seizure of traffickers' assets and revenues.
To implement the draft trafficking law, the Government would develop coordinated actions with a view to the physical, psychological and social rehabilitation of victims of trafficking, the delegation continued. In that regard, two centres would be established to that end in 2008, one in the central region and the other in the south of Mozambique. Coordinated information campaigns would be undertaken to combat trafficking, including through the media. And specialized training for magistrates, immigration, criminal investigation, border and customs officers would be put in place.
With regard to land holding and local communities, the delegation noted that the Land Law provided for individual and corporate men and women as well as local communities to be holders of land use and benefit. Rights to land use and benefit were acquired by occupancy by individual persons and by local communities, in accordance with customary law norms and practices which did not contradict the Constitution. Moreover, local communities were mandated to participate in the management of natural resources, the resolution of conflicts and the process of titling, under the Land Law. Not only could local communities be holders of land, therefore, but they also participated in the process of land management in Mozambique.
As for dispute settlement mechanisms under customary law, the delegation stated that Mozambique recognized legal pluralism. The traditional leaders (régulos), legitimated by their local communities, were recognized by the State as community authorities, and as such worked in close collaboration with local State organs in areas including peace, justice and social harmony; land tenure; employment; food security; environment; public health; and education and culture. The régulos had the right to be consulted on fundamental matters that affected the life, well-being and development of living conditions of the local communities. They were also tasked with liaising with community courts on the settlement of small offences.
There were also neighbourhood justice/community courts, the delegation added. They constituted dispute settlement mechanisms to tackle small claims on civil matters and traditional marriages, as well as minor criminal offences. The community courts were an optional mechanism, and a dispute could be brought either to them or to the formal tribunals. Community court members were elected from the communities which they served and tended to promote out-of-court settlements.
Turning to the National Commission on Human Rights, the delegation said that the Commission had been designed to ensure its effectiveness and credibility. The composition of the Commission, as contemplated in the draft law, was to include a broad representation of the social and cultural diversity of the country, with candidates put forward by civil society for approval by the President. Members would serve for five-year terms. The Commission also would include representatives of human rights non-governmental organizations, the Bar Association, experts in the field of human rights, and representatives from the education sector. Members could only be removed from office for reasons of bad behaviour or incapacity, following a two-thirds majority vote of the Commission. All members would enjoy immunity in fulfilling their functions.
The Ombusdman was elected by a two-thirds vote of the Parliament. The first Ombudsman was scheduled to be elected at the next Parliamentary session, in October 2007, and the budget for the office had already been approved. In the meantime, the Parliament had a Committee of petitions, the delegation noted.
Regarding the number of religions in Mozambique, the delegation observed that the role of religions had been very important in the peace process. Therefore, there had been very liberal laws established for the registering of new churches – without distinguishing closely between "churches" and "sects" – and many new churches had been established. Each 4 October an ecumenical mass was held, including all 732 denominations. As to linkages between ethnicities and religions or particular churches, that was not so evident. What was seen was a broad representation of religions across the country.
On refugees, Mozambique was a party to both the Geneva Convention and to the African Union convention on this topic. Experience had shown that some asylum seekers were using that status to transit to other countries. For that reason, the refugee authority was becoming more careful in the process for considering asylum applications, the delegation said. All the refugees in the country had been treated and supported according to international humanitarian law. Registered refugees benefited from accommodation in an appropriate centre, where the Government, with the assistance of the Office of the United Nations High Commissioner for Refugees (UNHCR), provided logistical support, including programmes of education for adults and children, access to land for the practice of agriculture, and access to employment in public and private institutions in accordance with their skills. In accordance with UNHCR principles for voluntary repatriation, 13 Rwandans and 17 Burundese, 1 Kenyan and 55 citizens of the Democratic Republic of the Congo had been repatriated in 2004. During 2007, some 207 refugees had been voluntarily repatriated.
On the official language, the delegation clarified that, while there were problems in terms of alphabetisation, there were a majority of people, some 80 per cent, who spoke Portuguese in Mozambique. Indeed, that was why it had been chosen for communication for official purposes.
Further Oral Questions Posed by Experts
In a further round of questions, an Expert asked for more detailed information on the Government's poverty reduction plan. An Expert was concerned that Mozambique's position was that it adopted international conventions that were in line with its domestic practice, rather than showing a commitment to revising its domestic law to bring it into line with the international instruments to which it was a party. That was particularly important in terms of article 4 of the Convention (on the prohibition of racial propaganda and racist organizations).
Replies by the Delegation
Responding to those questions and others, the delegation noted that the obligation of Parliament was to implement the Constitution and all the international instruments to which Mozambique was a party. But that would take time; there was a lot of work to do. Once again, the project for reform of the Criminal Code was going ahead. As a matter of urgency, a number of specific laws, such as on trafficking, had been adopted separately.
Preliminary Concluding Observations
In preliminary concluding observations, KOKOU EWOMSAN, the Committee Expert who served as country Rapporteur for the report of Mozambique, thanked the delegation for the frank and sincere exchange of views and the openness that they had shown. The troubled history and the economic and social difficulties that Mozambique had experienced were well known. In that connection, the Committee welcomed the determination shown by the Government to reduce poverty and to promote social peace and justice.
In the African context, there was the problem of ethnic conflicts, Mr. Ewomsan observed, both between north and south, and with regard to economic factors. In that context, the need to fight racist propaganda was essential. Mozambique had realized that the most effective way to address that problem was through education, and in particular the introduction of human rights education. Those were the weapons of choice for fighting against discrimination in all its forms.
Major efforts had been made, but there was still work to do, Mr. Ewomsan emphasized, notably in bringing national legislation in Mozambique into line with the Convention. There was also a need to ensure that people, judges, and other law enforcement officials were aware of the Convention and its provisions, so that it could be implemented effectively.
Dialogue with Special Rapporteur on Freedom of Religion or Belief
RÉGIS DE GOUTTES, Committee Chairperson, in introductory remarks, drew attention to the meeting the Committee had held with the group of five experts of the intergovernmental working group on the implementation of the Durban Conference Declaration and Programme of Action last March. At that meeting, the Committee had outlined its position as to the scope of the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination, as enhanced by the Committee's practices and doctrine. The Convention provided a potential to cover all racial or ethnic discrimination, which the Committee had defined in very broad terms including indirect or direct discrimination; cases of double discrimination, including racial and religious; and dissemination of ideas based on hatred, including through the media or Internet. Above all, the Committee had expanded its focus to include migrants, asylum-seekers, non-nationals, and those discriminated against because of descent, including Roma and other minorities.
The Committee's background in this area therefore allowed it to cover dual discrimination, that is, discrimination that was both racial and religious, Mr. de Gouttes concluded. The Committee, however, was not supportive of additional protocols on this topic, but wished to focus on methods or procedural issues.
Asma Jahangir, Special Rapporteur on freedom of religion or belief, said that she hoped this meeting would help in developing jurisprudence on this topic. She had read the opinions and concluding observations issued by the Committee, and had noticed the intersectionality between race and religion that had been brought to the Committee's attention from time to time and that it had acted upon it accordingly. She encouraged the Committee to continue along that path.
However, moving along the path of aggravated discrimination or double discrimination posed many challenges. Ms. Jahangir drew attention to the joint report she had submitted, with the Special Rapporteur on contemporary forms of racism, to the Human Rights Council on the issue of defamation of religious. In that report, it had been noted that, in different contexts, there was often a confusion between racist statements and statements defaming religions. However, legislation to prevent racist statements that existed in many countries did not cover defamatory statements. Finally, the report had encouraged the Human Rights Council to write a general comment on article 20 of the International Covenant on Civil and Political Rights (advocacy of national, racial or religious hatred).
While race and religion had many ties, there were also notable differences, Ms. Jahangir underscored. Firstly race was not a question of choice; whereas religion was a matter of freedom of choice. Also, whereas religious groups were free to promote their beliefs as the most favoured, the same was not true of race.
In the ensuing discussion, an Expert noted that, strictu sensu, the Convention only dealt with racial discrimination, and when the Committee had addressed issues touching on religious discrimination it had been seen as outside the Committee's purview. Things had changed with the events that had taken place in New York City on 11 September 2001, however. Since then, the over 1 billion Muslims in the world had been associated with a religion that was described as terrorist. That had in turn led to worldwide upheaval, between religions and peoples. It was also not possible to say that one was born into a race, but not into a religion, which was also intimately associated with culture. An Expert noted a number of ways in which the intersectionality between religion and race had been dealt with in the Committee. That had been done, for example, in connection with the Dalits in India. It was also very relevant for indigenous peoples, where distinctions between culture and ethnicity on the one hand, and religion, on the other, often risked imposing an external structure not in keeping with those peoples' own understanding. An Expert particularly underscored the interconnection between indigenous communities religious beliefs and land.
An Expert noted that both race and religion were constructions, and changed widely depending on the point of view. Also, if one looked at "ethnic" groups, that also included a social dimension.
In closing remarks, Ms. Jahangir noted that religion was not just a delicate question, it really was a complex one. As to whether someone was born into Islam or not, she noted that people had human rights, religions did not. People were in the end free to choose their religion, and it was necessary to deal with the question in that manner if one was to make any headway. She was of course mindful of what was happening to Muslims around the world, and the rise of Islamophobia. However, she also was made aware of phobia against Christians and Jews, as well as criticism of religions. Her position was that a healthy criticism of religions and a discussion of it was a good thing, unless the situation was actually heading towards violence. If someone were to ask her where did people have the least freedom of religion, she would say, that was in the countries where there were fewer human rights in general.
The aftermath of 11 September had disturbed her, Ms. Jahangir said, and disturbed many. She had addressed the issue of Islamophobia extensively. However it had to be done in a balanced way without impinging on the freedom of religion itself.
As for indigenous peoples, that was an issue she would look at in future more carefully than in the past. That was an area in which there was a fusion, where identity as an indigenous person was closely linked with religious identity.
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of Racial Discrimination
6 August 2007
The Committee on the Elimination of Racial Discrimination has considered the second to twelfth periodic reports of Mozambique on its implementation of the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.
Esperança Machavela, Minister of Justice of Mozambique, introducing the report, began by noting that, on the eve of the proclamation of the independence of Mozambique, the then-Prime Minister, Joaquim Alberto Chissano had declared: "Mozambique more than a multiracial country, is an anti-racist country". That showed that from the beginning of its construction, Mozambique had been attached to the fundamental principles of dignity and equality of human beings. The Constitution of Mozambique guaranteed the universal principle of equality of all citizens and prohibited discrimination based on race, colour, sex and ethnic origin, and concretized the political commitment to respect for human rights. Other relevant legal instruments included the Tourism Law, which established that tourism service providers had to provide services without discrimination on the basis of nationality, ethnic origin, and religion, and assigned civil and criminal liability for violations, and the Labour Law, which consecrated the right to work, and called for non-discrimination on the basis of sexual orientation, race or HIV/AIDS status, among others. In addition, among efforts under way to amend discriminatory legislation was a review of the Penal Code.
In preliminary concluding observations, Kokou Ewomsan, the Committee Expert who served as country Rapporteur for the report of Mozambique, welcomed the determination shown by the Government of Mozambique to reduce poverty and to promote social peace and justice. In the African context, the need to fight racist propaganda was essential. Mozambique had realized that the most effective way to address that problem was through education, and in particular the introduction of human rights education. There was still work to do, however, notably in bringing national legislation in Mozambique into line with the Convention. There was also a need to ensure that people, judges, and other law enforcement officials were aware of the Convention and its provisions, so that it could be implemented effectively.
Other Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, that the Human Rights Commission should be set up in such a way as to guarantee its independence; the rights of non-citizens; the situation of unaccompanied minors coming into the country, in particular Zimbabwean children; trafficking in children; a breakdown by country of origin for cases involving application for citizenship; and what specific provisions against discrimination were contemplated in the reformed Criminal Code. An Expert wondered if there were notable economic and social disparities between the ethnic groups in Mozambique and, if so, if affirmative action measures were contemplated to address them. Two Experts wondered that, with only 16 ethnic groups, there were 732 religious denominations. Several Experts, while they applauded the pilot project on bilingual education being carried out by Mozambique, appeared to worry that it might be overambitious, in particular in view of the need to ensure literacy in the official language (Portuguese).
The delegation of Mozambique also included Frances Rodrigues, Permanent Representative of Mozambique to the United Nations Office at Geneva, and representatives from the Ministry of Justice, the Ministry of Foreign Affairs and Cooperation and the Ministry of Education and Culture of Mozambique.
The Committee will present its written observations and recommendations on the combined second to twelfth periodic reports of Mozambique at the end of its session, which concludes on 18 August.
At the end of its meeting, the Committee also held an exchange of views with Asma Jahangir, Special Rapporteur on freedom of religion or belief, who said that she had read the opinions and concluding observations issued by the Committee, and had noticed the intersectionality between race and religion that had been brought to the Committee's attention from time to time and that it had acted upon it accordingly. She encouraged the Committee to continue along that path.
In the following debate, Experts raised the topicality of the linkages between race and religion in the post 11 September 2001 world, and rising Islamophobia; the difficulty of sorting out culture and religion in the case of indigenous peoples; and the fact that both race and religion were social constructions. In general, the concern was raised not to exceed the mandate of the Convention, on the one hand, and not to ignore the obvious intersections between race and religion, on the other. In that connection, the Committee's ability to consider double discrimination was raised.
Also at the meeting, the Chairperson, Régis de Gouttes, announced some Bureau decisions. First, with regard to treaty body reform, it had been decided to establish a working group on improving the methods of work of the Committee, following the request made at the Inter-Committee Meeting and the meeting of chairpersons of treaty bodies in June. As to the thematic debate the Committee was scheduled to undertake, there had been fresh recommendations for its theme: special measures; minorities; and links between race and religion. The Bureau lent towards the topic of special measures; however, in the ensuing discussion a number of different positions were expressed, and it appeared some further discussion was needed. Finally, topics had been suggested for the upcoming discussion at the Meeting of the States Parties to be held on 14 August: improvement and harmonization of methods of work; follow-up to the concluding observations; follow-up to individual communications; treaty body reform; and the relationship with the Human Rights Council, in particular in the context of the Universal Periodic Review.
When the Committee reconvenes at 3 p.m. this afternoon, it is scheduled to take up the combined eleventh to fifteenth periodic reports of the Democratic Republic of the Congo (CERD/C/COD/15).
Report of Mozambique
In 2005, a new Constitution of the Republic of Mozambique entered into force. The second to twelfth periodic reports of Mozambique, submitted in one document (CERD/C/MOZ/12), says that the Constitution guarantees the continuity and improvement of democracy and the fundamental freedoms of all citizens, irrespective of race, sex, religious belief or ethnic group. Under article 39 of the Constitution, acts intended to undermine national unity, disturb social harmony, or create divisions or situations of privilege or discrimination based on colour, race or sex are punishable by law. Owing to the Government’s consistent promotion of a policy of national unity and non-discrimination, combating all manifestations of discrimination based on ethnic or tribal origin, race, colour, gender or any other attribute, any incidents of discrimination that have occurred in the country have been sporadic and do not reflect an institutionalized policy. Incidents of racial discrimination have their explanation in colonial history and in the mentality of subservience and racial superiority that some persons continue to have. In this context, in certain environments, mainly in parts of the hotel industry, there is often unequal treatment, based on colour, in the services provided to customers; in such cases, white people or mestizos receive preferential treatment over black people. Such treatment is often provided by citizens belonging to the black race who, as was mentioned earlier, still appear to have a mentality of subservience. On other occasions, such treatment is encouraged by foreign citizens, usually natives or former residents of countries where systems of discrimination were deeply rooted until relatively recent times. The incidents that occur have elicited strong moral condemnation on the part of the general public and appropriate action by the Government.
Mozambique has not yet adopted a law on the elimination of racial discrimination that contains provisions for specific measures. However, there is a legal framework that protects victims of discrimination, namely articles 35 and 39 of the Constitution and the various provisions of legislation currently in force. The Government of Mozambique has condemned policies of racial segregation since it achieved independence in 1975. In this regard, it supported the African National Congress in its struggle against the apartheid regime in South Africa and the combatants in Zimbabwe and Namibia during their struggle against the minority racist regimes of Southern Rhodesia and South Africa. In Mozambique, organizations that promote or incite racial discrimination are prohibited by Act No. 8/91 (Associations Act). In accordance with the Constitution and legislation in force in Mozambique, all citizens have access to the judicial system. On this basis, citizens can invoke violations of the provisions of the Criminal Code and the Civil Code in order to obtain compensation for damages. The Criminal Code is currently being reviewed and consideration will be given to establishing criminal responsibility for acts involving racial discrimination, xenophobia and other forms of intolerance.
Presentation of Report
ESPERANÇA MACHAVELA, Minister of Justice of Mozambique, introducing the report, began by noting that, on the eve of the proclamation of the independence of Mozambique, the then-Prime Minister Joaquim Alberto Chissano had declared: "Mozambique more than a multiracial country, is an anti-racist country". That showed that from the beginning of its construction, Mozambique had been attached to the fundamental principles of dignity and equality of human beings.
Ms. Machavela noted that the population of Mozambique was estimated at 19.8 million inhabitants, which was composed of 16 ethnic groups and 732 religious groups. A new population census would be taking place starting on 1 August. Mozambique was also hosting a large number of refugees, coming mainly from the Great Lakes region and Somalia, and today there were 7,034 refugees in the country. Portuguese was the official language of Mozambique, but there were also several national languages.
Ms. Machavela said the Constitution of Mozambique guaranteed the universal principle of equality of all citizens and prohibited discrimination based on race, colour, sex and ethnic origin, and concretized the political commitment to respect for human rights. Other relevant legal instruments included the Tourism Law, which established that tourism service providers had to provide services without discrimination on the basis of nationality, ethnic origin, and religion, and assigned civil and criminal liability for violations, and the Labour Law, which consecrated the right to work, and called for non-discrimination on the basis of sexual orientation, race or HIV/AIDS status, among others. In addition, among efforts under way to amend discriminatory legislation was a review of the Penal Code.
Mozambique possessed a long tradition of coexistence between different races, ethnic and religious groups integrated within a strong policy of social integration, Ms. Machavela said. That cultural and religious diversity had rarely been a reason for conflicts in the country. In Mozambique, there had been no signs of groups qualifying themselves as ethnic minorities and demanding affirmative action plans.
The Constitution of Mozambique recognized the "traditions, culture and Mozambican values" and the traditional authorities were entities that were formally recognized, through the Law of the Local Organs of State. Customary laws had relevance in the operation of community courts, whose objective was the promotion of the access to justice and law and consolidation of proximity of justice, the prevention of conflicts, the reinforcement of social stability and the valorization, in agreement with the Constitution, of the norms, rules, customs, habits and other social values extant in Mozambican society. Particularly in rural areas, there were traditional leaders who had great influence within communities, and possessed legitimacy to act as mediators to regulate conflicts, usually through a community council. In particular, land law recognized the customary law as a form of acquisition of land for use and exploitation, Ms. Machavela said.
The Constitution defined Mozambique as a State of social justice, Ms. Machavela noted. Considering the impact of poverty on the enjoyment of human rights, the Government had designed a programme to reduce poverty and stimulate economic growth. In that context, the Action Plan for the Reduction of Absolute Poverty, 2006-2009, had the goal of reducing the incidence of poverty from 54 per cent in 2003 to 45 per cent in 2009.
Ms. Machavela drew attention to the role of education as a strategic tool in poverty alleviation, as well as in regard to the individual's integration into social and economic life. In light of that, the Government's Strategic Plan for the Development of Education was based on three main pillars: the expansion of access to and equality of education; the improvement of education; and the development of institutional capacity building. Among several initiatives taken to guarantee the access to and equality of education had been the introduction of human rights issues and bilingual education in the school curricula. A pilot project on bilingual education had been carried out between 1992 and 1997 in the two provinces of Gaza and Tete. An external evaluation of that programme had found it to have been a success, and the bilingual programme had subsequently been extended to 16 more languages and more schools – an average of two schools for each province of the country.
Ms. Machavela highlighted that Mozambique had one of the highest HIV/AIDS prevalence rates in the world, with a reported 16.2 per cent of the adult population (15 to 49) HIV-positive. To combat HIV/AIDS and other pandemics, the Government had been implementing several programmes and strategies. Furthermore, the Government was trying to take appropriate measures to prevent exclusion, stigmatization and discrimination of people with HIV/AIDS, particularly in the workplace, and had approved legislation to sanction such acts.
To strengthen the mechanism for the promotion and protection of human rights, independent institutions, such as the Ombudsman, as provided for in the Constitution, would be established: the Law on the establishment of the Ombudsman had already been passed by the Assembly, and the bill creating the National Commission of Human Rights was currently before the Council of Ministers.
As to legal issues, Ms. Machavela noted that, to ensure the implementation of the right to defence as guaranteed in the Constitution, the Institute for Aid and Legal Assistance had been created. Among other objectives, the Institute sought to coordinate the efforts of the different organizations working in this area to ensure legal assistance to citizens lacking funds, including widows and people living with HIV/AIDS, starting at police stations. Further, it sought to enhance the training of magistrates and other judicial employees and legal officials, including prison officers, including training on the Constitution and other human rights instruments. The Institute was also tasked with raising awareness and disseminating information related to promotion and protection of human rights and anti-discrimination efforts. An example of that had been the "Justice and Order" television programme, produced by the Government television station in conjunction with the Ministry of Justice, to inform individuals about their rights and what recourse they had in cases that their rights were violated.
Oral Questions Raised by the Rapporteur and Experts
KOKOU EWOMSAN, the Committee Expert who served as country Rapporteur for the report of Mozambique, said Mozambique had experienced considerable setbacks in the presentation of its reports to the Committee and to other treaty bodies. It had experienced both a war of liberation, and a civil war, as well as natural disasters – periods of flood and drought – that had brought in their wake major displacements both within the country and a flow of refugees into and out of the country. In August 1993, a programme of repatriation had made possible the return of the displaced and refugees – several million refugees and 3.8 million internally displaced.
Despite all that, Mozambique had made significant progress towards democratization and reconstruction, Mr. Ewomsam said, with the holding of elections and the establishment of a new Government on the basis of human rights, notably with the adoption of the 2004 Constitution. Also commendable was the establishment of the post of Ombudsman. Currently Mozambique was in the process of setting up a national human rights institution, in line with the Paris Principles. Progress was also being made in terms of legislation, including the Family Act (2004), and the land ownership laws, which set out that women had the same rights to property as men, as did the Commercial Code.
The Government sanction of customary law, however, might give rise to problems, Mr. Ewomsan worried, as those laws were still deeply rooted to the customs of rural areas. It might be necessary to take measures to strengthen the new legislation. Also, there had as yet been no cases where ratified international treaties had been directly invoked by the courts in Mozambique, and, in that connection, there was a real need to harmonize the Criminal Code with the Convention, to cover all crimes of discrimination.
Mr. Ewomsan welcomed the introduction of human rights in school curricula. In addition, training for the judiciary in human rights should be undertaken.
The report had mentioned that "any incidents of discrimination that have occurred in the country have been sporadic and do not reflect an institutionalized policy". Mr. Ewomsan said he would appreciate further information of such sporadic incidents, and how they had been handled.
Mr. Ewomsan was concerned by reports that members of the Renamo political party had been victims of discrimination in terms of recruitment and promotion in the civil service, and wondered what the Government was doing to combat such practices. In addition, did Mozambique envisage ratifying the International Covenant on Economic, Social and Cultural Rights?
Given the high HIV/AIDS infection rate, Mr. Ewomsan was particularly concerned by an Amnesty International report that there was discrimination with regard to access to health care in Mozambique.
On general human rights issues, Mr. Ewomsan was also concerned by reports of extrajudicial executions and the ill-treatment of suspects by police agents, as well as complaints of trafficking in children for their organs.
Turning to the issue of refugees, had there been voluntary repatriations of the many refugees in the country, Mr. Ewomsan asked. Also, noting that Mozambique appeared to be very generous in granting asylum, there did not appear to be a corresponding generosity in granting citizenship. Could the delegation comment?
Other Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, concern that the Human Rights Commission should be set up in such a way as to guarantee its independence, in accordance with the Paris Principles; whether the Ombudsman's institution had been set up yet and, if so, how many complaints, in particular of racial discrimination, had been received and what had been the action taken; the rights of non-citizens; the situation of unaccompanied minors coming into the country, in particular Zimbabwean children; trafficking in children, and what plans there were to incorporate the provisions of the Protocol to the UN Convention on Transnational Organized Crime on Trafficking in Women and Children (adopted by Mozambique in 2006) into domestic law; land tenure, and whether collective land tenure was recognized; what kinds of acts were held to destroy social harmony, and examples, if any, where individuals had been prosecuted for such acts; what was the situation of those individuals that had not been granted refugee status, but were still present in the country; a breakdown by country of origin for cases involving application for citizenship; and what specific provisions against discrimination were contemplated in the reformed Criminal Code.
An Expert wondered if all the 16 ethnic groups in Mozambique enjoyed the same levels of economic and social development, and if not, whether affirmative action measures were contemplated to address those disparities. Furthermore, he was concerned about how the gender dimension worked in terms of each of those separate ethnicities. An Expert commented that it was remarkable, with only 16 ethnic groups, that there were 732 religious groups in Mozambique, and would appreciate more information on that.
Several Experts while they applauded the pilot project on bilingual education being carried out by Mozambique, appeared to worry that it might be overambitious, in particular in view of the need to ensure literacy in the official language. It was recalled that only 20 per cent of the men in Mozambique spoke Portuguese, and only 12 per cent of the women.
In connection to the language issue, an Expert noted that criteria for granting citizenship included being over 18 years of age, having lived habitually in the country for 10 years, and having a good knowledge of Portuguese. The last requirement begged an explanation, given that the overwhelming majority of the population did not speak the official language.
It was also asked whether Mozambique intended to ratify the amendment to article 8 of the Convention (composition and duties of the Committee), to make a declaration under article 14 (individual communications concerning violations of the Convention), and/or to remove its reservation to article 22 (referral of disputes between parties to the Convention to the International Court of Justice).
Response by Delegation to Oral Questions
Addressing oral questions posed by Experts, ESPERANÇA MACHAVELA, Minister of Justice of Mozambique, first noted, in a general comment, that it was very difficult to define "minority" ethnicities in Mozambique. For example, the Muchopes ethnicity was one of the smaller ones – but the Prime Minister was of that ethnicity. The President of the Assembly, the Minister of Defence and the Head of the University were all of another "minority" ethnicity. The situation in the country made it hard to contemplate affirmative action programmes. For example, all ethnicities were represented in the National Assembly, but that had not been the result of specific legislation. Therefore, what was more important in Mozambique was to focus on preventative measures.
For that reason, Mozambique was looking to reform its courts, Ms. Machavela continued. There was an Interministerial Committee that was responsible for reviewing legislation and ensuring it was in conformity with the international instruments to which Mozambique was a party.
Another member of the delegation, addressing questions on trafficking in persons, noted that the issue had become a particularly sensitive one in Mozambique after the publication of a report on suspected trafficking in human organs. In terms of measures to combat trafficking, Mozambique had ratified the Additional Protocol to the UN Convention against Transnational Organized Crime to Prevent, Punish and Suppress Trafficking in Persons, particularly Women and Children, in 2006. The Council of Ministers had subsequently adopted a Draft Law to Prevent and Combat Trafficking in persons. To involve relevant branches of government, the Attorney General's office, civil society and other relevant actors, seminars had been held in all three regions of the country to try and build a national consensus. The draft law addressed coercion and abuse of power, even by parents, and was consistent with the UN Trafficking Protocol in terms of the definition of trafficking, and provisions concerning prevention, punishment, protection, identity and assistance of victims and a number of other issues, including seizure of traffickers' assets and revenues.
To implement the draft trafficking law, the Government would develop coordinated actions with a view to the physical, psychological and social rehabilitation of victims of trafficking, the delegation continued. In that regard, two centres would be established to that end in 2008, one in the central region and the other in the south of Mozambique. Coordinated information campaigns would be undertaken to combat trafficking, including through the media. And specialized training for magistrates, immigration, criminal investigation, border and customs officers would be put in place.
With regard to land holding and local communities, the delegation noted that the Land Law provided for individual and corporate men and women as well as local communities to be holders of land use and benefit. Rights to land use and benefit were acquired by occupancy by individual persons and by local communities, in accordance with customary law norms and practices which did not contradict the Constitution. Moreover, local communities were mandated to participate in the management of natural resources, the resolution of conflicts and the process of titling, under the Land Law. Not only could local communities be holders of land, therefore, but they also participated in the process of land management in Mozambique.
As for dispute settlement mechanisms under customary law, the delegation stated that Mozambique recognized legal pluralism. The traditional leaders (régulos), legitimated by their local communities, were recognized by the State as community authorities, and as such worked in close collaboration with local State organs in areas including peace, justice and social harmony; land tenure; employment; food security; environment; public health; and education and culture. The régulos had the right to be consulted on fundamental matters that affected the life, well-being and development of living conditions of the local communities. They were also tasked with liaising with community courts on the settlement of small offences.
There were also neighbourhood justice/community courts, the delegation added. They constituted dispute settlement mechanisms to tackle small claims on civil matters and traditional marriages, as well as minor criminal offences. The community courts were an optional mechanism, and a dispute could be brought either to them or to the formal tribunals. Community court members were elected from the communities which they served and tended to promote out-of-court settlements.
Turning to the National Commission on Human Rights, the delegation said that the Commission had been designed to ensure its effectiveness and credibility. The composition of the Commission, as contemplated in the draft law, was to include a broad representation of the social and cultural diversity of the country, with candidates put forward by civil society for approval by the President. Members would serve for five-year terms. The Commission also would include representatives of human rights non-governmental organizations, the Bar Association, experts in the field of human rights, and representatives from the education sector. Members could only be removed from office for reasons of bad behaviour or incapacity, following a two-thirds majority vote of the Commission. All members would enjoy immunity in fulfilling their functions.
The Ombusdman was elected by a two-thirds vote of the Parliament. The first Ombudsman was scheduled to be elected at the next Parliamentary session, in October 2007, and the budget for the office had already been approved. In the meantime, the Parliament had a Committee of petitions, the delegation noted.
Regarding the number of religions in Mozambique, the delegation observed that the role of religions had been very important in the peace process. Therefore, there had been very liberal laws established for the registering of new churches – without distinguishing closely between "churches" and "sects" – and many new churches had been established. Each 4 October an ecumenical mass was held, including all 732 denominations. As to linkages between ethnicities and religions or particular churches, that was not so evident. What was seen was a broad representation of religions across the country.
On refugees, Mozambique was a party to both the Geneva Convention and to the African Union convention on this topic. Experience had shown that some asylum seekers were using that status to transit to other countries. For that reason, the refugee authority was becoming more careful in the process for considering asylum applications, the delegation said. All the refugees in the country had been treated and supported according to international humanitarian law. Registered refugees benefited from accommodation in an appropriate centre, where the Government, with the assistance of the Office of the United Nations High Commissioner for Refugees (UNHCR), provided logistical support, including programmes of education for adults and children, access to land for the practice of agriculture, and access to employment in public and private institutions in accordance with their skills. In accordance with UNHCR principles for voluntary repatriation, 13 Rwandans and 17 Burundese, 1 Kenyan and 55 citizens of the Democratic Republic of the Congo had been repatriated in 2004. During 2007, some 207 refugees had been voluntarily repatriated.
On the official language, the delegation clarified that, while there were problems in terms of alphabetisation, there were a majority of people, some 80 per cent, who spoke Portuguese in Mozambique. Indeed, that was why it had been chosen for communication for official purposes.
Further Oral Questions Posed by Experts
In a further round of questions, an Expert asked for more detailed information on the Government's poverty reduction plan. An Expert was concerned that Mozambique's position was that it adopted international conventions that were in line with its domestic practice, rather than showing a commitment to revising its domestic law to bring it into line with the international instruments to which it was a party. That was particularly important in terms of article 4 of the Convention (on the prohibition of racial propaganda and racist organizations).
Replies by the Delegation
Responding to those questions and others, the delegation noted that the obligation of Parliament was to implement the Constitution and all the international instruments to which Mozambique was a party. But that would take time; there was a lot of work to do. Once again, the project for reform of the Criminal Code was going ahead. As a matter of urgency, a number of specific laws, such as on trafficking, had been adopted separately.
Preliminary Concluding Observations
In preliminary concluding observations, KOKOU EWOMSAN, the Committee Expert who served as country Rapporteur for the report of Mozambique, thanked the delegation for the frank and sincere exchange of views and the openness that they had shown. The troubled history and the economic and social difficulties that Mozambique had experienced were well known. In that connection, the Committee welcomed the determination shown by the Government to reduce poverty and to promote social peace and justice.
In the African context, there was the problem of ethnic conflicts, Mr. Ewomsan observed, both between north and south, and with regard to economic factors. In that context, the need to fight racist propaganda was essential. Mozambique had realized that the most effective way to address that problem was through education, and in particular the introduction of human rights education. Those were the weapons of choice for fighting against discrimination in all its forms.
Major efforts had been made, but there was still work to do, Mr. Ewomsan emphasized, notably in bringing national legislation in Mozambique into line with the Convention. There was also a need to ensure that people, judges, and other law enforcement officials were aware of the Convention and its provisions, so that it could be implemented effectively.
Dialogue with Special Rapporteur on Freedom of Religion or Belief
RÉGIS DE GOUTTES, Committee Chairperson, in introductory remarks, drew attention to the meeting the Committee had held with the group of five experts of the intergovernmental working group on the implementation of the Durban Conference Declaration and Programme of Action last March. At that meeting, the Committee had outlined its position as to the scope of the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination, as enhanced by the Committee's practices and doctrine. The Convention provided a potential to cover all racial or ethnic discrimination, which the Committee had defined in very broad terms including indirect or direct discrimination; cases of double discrimination, including racial and religious; and dissemination of ideas based on hatred, including through the media or Internet. Above all, the Committee had expanded its focus to include migrants, asylum-seekers, non-nationals, and those discriminated against because of descent, including Roma and other minorities.
The Committee's background in this area therefore allowed it to cover dual discrimination, that is, discrimination that was both racial and religious, Mr. de Gouttes concluded. The Committee, however, was not supportive of additional protocols on this topic, but wished to focus on methods or procedural issues.
Asma Jahangir, Special Rapporteur on freedom of religion or belief, said that she hoped this meeting would help in developing jurisprudence on this topic. She had read the opinions and concluding observations issued by the Committee, and had noticed the intersectionality between race and religion that had been brought to the Committee's attention from time to time and that it had acted upon it accordingly. She encouraged the Committee to continue along that path.
However, moving along the path of aggravated discrimination or double discrimination posed many challenges. Ms. Jahangir drew attention to the joint report she had submitted, with the Special Rapporteur on contemporary forms of racism, to the Human Rights Council on the issue of defamation of religious. In that report, it had been noted that, in different contexts, there was often a confusion between racist statements and statements defaming religions. However, legislation to prevent racist statements that existed in many countries did not cover defamatory statements. Finally, the report had encouraged the Human Rights Council to write a general comment on article 20 of the International Covenant on Civil and Political Rights (advocacy of national, racial or religious hatred).
While race and religion had many ties, there were also notable differences, Ms. Jahangir underscored. Firstly race was not a question of choice; whereas religion was a matter of freedom of choice. Also, whereas religious groups were free to promote their beliefs as the most favoured, the same was not true of race.
In the ensuing discussion, an Expert noted that, strictu sensu, the Convention only dealt with racial discrimination, and when the Committee had addressed issues touching on religious discrimination it had been seen as outside the Committee's purview. Things had changed with the events that had taken place in New York City on 11 September 2001, however. Since then, the over 1 billion Muslims in the world had been associated with a religion that was described as terrorist. That had in turn led to worldwide upheaval, between religions and peoples. It was also not possible to say that one was born into a race, but not into a religion, which was also intimately associated with culture. An Expert noted a number of ways in which the intersectionality between religion and race had been dealt with in the Committee. That had been done, for example, in connection with the Dalits in India. It was also very relevant for indigenous peoples, where distinctions between culture and ethnicity on the one hand, and religion, on the other, often risked imposing an external structure not in keeping with those peoples' own understanding. An Expert particularly underscored the interconnection between indigenous communities religious beliefs and land.
An Expert noted that both race and religion were constructions, and changed widely depending on the point of view. Also, if one looked at "ethnic" groups, that also included a social dimension.
In closing remarks, Ms. Jahangir noted that religion was not just a delicate question, it really was a complex one. As to whether someone was born into Islam or not, she noted that people had human rights, religions did not. People were in the end free to choose their religion, and it was necessary to deal with the question in that manner if one was to make any headway. She was of course mindful of what was happening to Muslims around the world, and the rise of Islamophobia. However, she also was made aware of phobia against Christians and Jews, as well as criticism of religions. Her position was that a healthy criticism of religions and a discussion of it was a good thing, unless the situation was actually heading towards violence. If someone were to ask her where did people have the least freedom of religion, she would say, that was in the countries where there were fewer human rights in general.
The aftermath of 11 September had disturbed her, Ms. Jahangir said, and disturbed many. She had addressed the issue of Islamophobia extensively. However it had to be done in a balanced way without impinging on the freedom of religion itself.
As for indigenous peoples, that was an issue she would look at in future more carefully than in the past. That was an area in which there was a fusion, where identity as an indigenous person was closely linked with religious identity.
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