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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION DESCRIBES SITUATION IN DEMOCRATIC REPUBLIC OF CONGO AS TRAGIC - COMMITTEE CONCLUDES EXAMINATION OF REPORT OF GABON

14 August 1998

AFTERNOON
HR/CERD/98/51
14 August 1998

Committee Concludes Examination of Report of Gabon

Members of the Committee on the Elimination of Racial Discrimination this afternoon described recent developments in the Democratic Republic of the Congo (DRC) as “tragic” and urged the Government to make use of United Nations conflict resolution mechanisms.

Rüdiger Wolfrum, the Committee expert serving as country rapporteur to the situation in the DRC under the early warning and urgent procedures mechanism, said that human rights violations in that country had been committed by both the rebels and the Government.

Other Committee members said that recent events in the DRC were “alarming” and “tragic.”

Also this afternoon, a Government official from Gabon introduced his country's report. He presented his Government’s excuse to the Committee for the late submission and presentation of the report.

Last Monday, 10 August, the Committee, in the absence of a delegation, examined the ninth report from Gabon on the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination as scheduled. The delegation coming from the capital was unable to attend the meeting because of reasons beyond its control, the Permanent Mission of Gabon told the Committee on Monday.

Introducing the report, Corentin Hervo-Akendengue, Chargé d'Affaires at the Permanent Mission of Gabon, told the Committee that racial discrimination was not a feature of Gabonese culture.

Formal, written observations and recommendations will be issued by the Committee towards the end of its three-week session, which concludes on 21 August.

As one of the 150 States parties to the International Convention, Gabon is obligated to submit periodic reports on the efforts by that country to implement the treaty.

During this afternoon's meeting, the Committee debated a draft decision on Kosovo submitted to it by its working group set up to draft a text to its attention. Several members insisted on the redrafting of the text to reflect the actual situation in that region.

Also participating in the debate were Committee experts Peter Nobel, Régis de Gouttes, Agha Shahi, Yuri A. Rechetov, Michael E. Sherifis, Theodoor van Boven, Mario Jorge Yutzis, Michael P. Banton, and Deci Zou.

When the Committee reconvenes at 10 a.m. on Monday, 17 August, it will take up in private session communications submitted to it by individuals or groups claiming that they were victims of racial discrimination in their respective States parties.

Presentation of Report of Gabon

CORENTIN HERVO-ADENDENGUE, Chargé d'Affaires at the Permanent Mission of Gabon, said his Government attached great importance to the Committee because it believed in respecting human rights and fundamental freedoms.

Racial discrimination was not a feature of Gabonese culture, Mr. Hervo-Akendengue affirmed, adding that the country's Constitution had underlined that "the differences in racial or ethnic origin could not override the oneness of the human species".

He said that the territorial space of Gabon was inequitably occupied by a number of ethnic groups whose survival needs were sometimes much reduced. However, the Pygmies were recognized as the oldest group to occupy Gabon who had rendered guiding services to the new comers, the Bantus. Although the Pygmies were leading a nomadic life, they were recognized as Gabonese citizens, he said.

The Gabonese delegate said that his country's population of 1.2 million was made up of four linguistic groups. Under these groupings, there were around 40 ethnic entities harmoniously cohabiting as Gabonese citizens.

Since the independence of Gabon, the development of a national sentiment remained one of the major objectives of the Government, Mr. Hervo-Akendengue went on to state. To the exception of certain Pygmy groups living marginally, all the ethnic groups of Gabon culturally belonged to one vast universe defined in the 19th century as the universe of Bantus.

With regard to the problem of refugees, the delegate said that because his country had political stability and economic resources, refugees entered the country clandestinely and stayed as immigrants. The conflict in neighbouring countries had also prompted the flux of refugees to Gabon. There were officially 791 refugees in the country.

Discussion of Report of Gabon

PETER NOBEL, the Committee expert serving as country rapporteur to the report of Gabon, said that the process of reporting was just like bookkeeping. Noting events every time they occurred made it easy to prepare a final report. He urged the Government of Gabon to seek the technical and advisory assistance of the Office of the High Commissioner for Human Rights either in preparing its periodic reports or in the manner to implement the International Convention. He added that the embodied constitutional protection and promotions should be put in practice.

CORENTIN HERVO-ADENDENGUE (Gabon), in a concluding remark, once again presented on behalf of his Government his excuse for the late submission and presentation of the report. He recalled that recent events had taken place in his country after the submission of the report. In application of article 5 of the Convention on Political and Civil rights, among other things, the Government had established an institution aimed at further guaranteeing the rights of citizens. Similarly, a National Council for Communications composed of nine members was set up to guarantee the right to freedom of opinion and expression. In addition, an Economic and Social Council was also created to bring impetus to economic, social and cultural rights.

Examination of Situation of Congo

RUDIGER WOLFRUM, the Committee expert serving as country rapporteur for the situation in the Democratic Republic of Congo, said that the new regime of President Laurent-Desiré Kabila had been accused of committing human rights violations.

Mr. Wolfrum said that the new regime was reluctant to cooperate with United Nations institutions. The new Government had for months blocked the work of the United Nations Investigative Team. Finally, the Team was withdrawn in April. The Government insisted that allowing the Team to work would mean an interference in the infernal affairs of the DRC. He noted that the Government had flatly denied the existence of massacres or mass graves.

Mr. Wolfrum further said that the new regime had been accused of politically motivated murder, according to the report of the Special Rapporteur of the Commission on Human Rights Roberto Garreton of 30 January 1998. Arbitrary deprivation of life through excessive use of force in repressing dissidents or through abuse of power shielded by impunity had continued. Human Rights Watch/Africa, in its 1997 report, had accused the new regime of having committed massacres against the Hutu refugees living in the DRC, he added.

Referring to the Committee's decision on the situation of the DRC, Mr. Wolfrum recalled that it was disturbed by the reports of massacres and other grave human rights violations, including of the International Convention. The Committee was also alarmed about reports of disappearances of very large numbers of refugees in the eastern part of the country and ongoing human rights violations.

Mr. Wolfrum cautioned that the situation in the Congo had become more complicated in recent weeks. According to information received, the various resistance groups had united in an attempt to overthrow the regime of President Kabila. Government sources had said that the rebels had managed to rally to their side many of the hundreds of troops from the army of the former President Mobutu. The rebels already controlled most of the far eastern part of the country. Due to the recent developments, the human rights situation in the DRC had deteriorated; and human rights were being committed by both parties in the conflict.

Other Committee members said that recent events in the DRC were “alarming” and “tragic.”