COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION DISCUSSES DRAFT CONCLUDING OBSERVATIONS ON REPORTS OF ARMENIA

CERD
61st session
14 August 2002
Morning




The Committee on the Elimination of Racial Discrimination this morning discussed its draft concluding observations and recommendations on the third and fourth periodic reports of Armenia on its compliance with the International Convention on the Elimination of All Forms of Racial Discrimination.
The Committee will formally adopt the final text at the end of its three-week session to be concluded on Friday, 23 August.
If the draft text is adopted, the Committee will note the progress made by the State party in the area of legislative reform and will welcome the establishment of institutions relevant to the promotion and protection of human rights.
The draft document, among other things, will note with satisfaction that, notwithstanding the difficulties resulting from the Nagorno-Karabakh conflict, and the serious economic and social challenges, the State party has made progress in the area of legislative reform. It will welcome the establishment of institutions relevant to the promotion and protection of human rights, such as the Human Rights Commission and the Coordinating Council on National Minorities.
Among concerns and recommendations to be mentioned in the draft text, if adopted, the Committee will state concern about the view expressed in the State party report that Armenia is a mono-ethnic State, and the inconsistency of that notion with the existence of several national and ethnic minorities, although they are not very numerous. The Committee will recommend that the State party carefully analyse the situation and reflect the reality.
Also this morning the Committee briefly continued its discussion on whether to consider concluding observations in private or public meetings. The Committee continued its deliberations on the concluding observations on Armenia in public.
The Committee also heard a briefing by the representative of the secretariat, Alessio Bruni, who provided clarifications on the financial aspects of holding meetings in New York. He noted that a three-week session in Geneva costs $ 164,400 while one in New York amounts to $ 250,700. In addition, the security dimension had to be taken into consideration in the decision on whether to have such meetings in New York. Mr. Bruni said the Human Rights Committee, which holds one of its three annual sessions in New York, has now requested not to meet in New York because of budgetary cuts in travel expenses; and all of its meetings will be held in Geneva.
When the Committee reconvenes at 3 p.m., it will take up the twelfth to fourteenth periodic reports of New Zealand (document CERD/C/362/Add.10).

Draft Concluding Observations and Recommendations on Reports of Armenia
If adopted by the Committee, the draft concluding observations and recommendations on the third and fourth periodic reports of Armenia will note with satisfaction that, notwithstanding the difficulties resulting from the Nagorno-Karabakh conflict, and the serious economic and social challenges, the State party has made progress in the area of legislative reform. It will welcome the establishment of institutions relevant to the promotion and protection of human rights, such as the Human Rights Commission and the Coordinating Council on National Minorities. The Committee will also welcome the information provided by the delegation regarding special programmes on tolerance and various activities for the promotion of human rights, which are broadcast on TV and distributed to NGOs.
Among concerns and recommendations, the Committee will note its concern about the view expressed in the State party report that Armenia is a mono-ethnic State, and the inconsistency of that notion with the existence of several national and ethnic minorities, although they are not very numerous. The Committee will recommend that the State party carefully analyse the situation and reflect the reality.
If adopted, the draft will have the Committee reiterate its concern that the Penal Code currently in force, specifically article 69, is not in compliance with article 4 of the Convention concerning the prohibition of organizations which promote and incite racial discrimination. It will recommend that the State party review the new penal code expected to enter into force in 2003 according to its constitutional provisions prior to its coming into force in the light of the provisions of article 4 of the Convention so as to ensure that it will give effect to all its requirements.
Further, the Committee will note with concern that no statistics on cases relating to racial discrimination have been provided and will reiterate its request for such information to be included in the next periodic report. The Committee will remind the State party that the absence of complaints and legal action by victims of racial discrimination can possibly be an indication of a lack of awareness of available legal remedies.
In the draft conclusions, if adopted, the Committee will express its concern at the lack of representation of ethnic and national minorities in the National Assembly of Armenia and will recommend that the State party take measures in order to secure their representation in the National Assembly of Armenia and to include in its forthcoming reports appropriate information. The Committee will also express concern at the high rate of unemployment in the State party and that no disaggregated data is available on the impact of ethnic and national minorities.
While noting the adoption of the Education Act 1999, guaranteeing the right to education without discrimination, the Committee will say that it remains concerned about the inadequate access of minority children to education in their mother tongue. It will reiterate its recommendation that the State party take appropriate measures to ensure that ethnic and national minorities have access to education in their own language.
With regard to freedom of religion of ethnic minorities, the Committee, if it adopts the draft, will express concern about reports of obstacles imposed on religious organizations other than the Armenian Apostolic Church, such as those on carrying out charity work and on building places of worship; and it will urge the Government to take all necessary measures to ensure the enjoyment of freedom of religion of all ethnic minorities.
While noting that the State party through its policy and legislation does not engage in any discriminatory acts against refugees, the Committee will express some concern that under article 25 of the Law on Refugees, restrictive measures are applied only to asylum-seekers other than ethnic Armenians who fled Azerbaijan between 1988-1992, and this might lead to discrimination on the basis of ethnicity.
The Committee, if it adopts its draft conclusions, will request that in its next periodic report, the State party will provide additional information on the specific activities and achievements of the Coordinating Council of National Minorities, particularly with regard to the promotion of human rights, as well as the activities of the Union of Nations and the Centre for the Settlement of Conflicts, bearing in mind the importance of those institutions for the achievements of the objectives of the Convention.
The Committee will encourage that steps be taken to accelerate and complete the process of the establishment of an Ombudsman and to provide the necessary human and financial resources to enable the Office to carry out its tasks in an effective way.
Finally, if adopted, the Committee will recommend that the State party take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order.



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