THE COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION DISCUSSES FOLLOW-UP TO ITS CONCLUDING OBSERVATIONS

Committee on the Elimination
of Racial Discrimination

14 August 2008


THE COMMITTEE ON THE ELIMINTION OF RACIAL DISCRIMINATION DISCUSSES FOLLOW-UP TO ITS CONCLUDING OBSERVATIONS


This afternoon the Committee on the Elimination of Racial Discrimination discussed reports presented by Committee Members on follow-up to the Committee’s concluding observations concerning the four countries for which replies had been received: Guatemala, Guyana, Liechtenstein and Turkmenistan.

Concerning Liechtenstein, Committee Expert Pierre-Richard Prosper recalled that that country had last appeared before the Committee in March 2007. In its concluding observations issued following its review, the Committee had expressed concern about the 30-year permanent residency requirement for citizenship in the State, and had requested that that time limit be reduced. On that issue, Liechtenstein had noted that it was holding ongoing discussions and that a draft law on this subject was under consideration. In response to the Committee’s recommendation that the State undertake a study to identify the root causes of a rise in xenophobia among the youth and an increase in right-wing movements, the Government of Liechtenstein had said that such a study was currently under way and results would be provided shortly. The Committee could thus send a letter to the Liechtenstein requesting it to include the answers to these two questions in its next periodic report, which was due on 22 March 2009.

On Guyana, Mr. Prosper noted that the last time Guyana had come before the Committee was in February 2006. In its concluding observations issued subsequent to that review, the Committee had recommended that Guyana remove the distinction between titled and untitled communities from its legislation and that it support the establishment of village councils. In its response, Guyana had acknowledged that it was making strides on land entitlement, and two new procedures had been created. The number of untitled communities had been reduced and title to lands had doubled. Further, Guyana had noted that it was not necessary to remove titled and untitled distinctions because their current process was working. The State also identified that the indigenous people had full control of their land, and said that traditional rights to both titled and untitled lands were recognized. Guyana’s reply had noted that legislation existed on this issue to protect the land except when it related to mining projects, and if the State decided to mine there was legislation in force that required the Government to provide royalties to the group or village concerned. The Committee had also expressed concern about the low average of life expectancy and cases of persons suffering from environmental pollution and malaria, recommending that informed consent and environmental studies be carried out. Guyana had said it was continuing to make efforts in that regard and noted that studies conducted identified a rise in life expectancy and decrease in infant mortality. Moreover, an environmental protection agency had been established to carry out an environmental impact assessment before a project took place. The next report of Guyana was due on 17 March 2008, and it was recommended that a letter be sent asking for information in the areas discussed be included in that report.

Regarding Guatemala, Committee Expert Nourredine Amir drew attention to the Committee’s recommendation that that State adopt legislation that prohibited the dissemination of ideas based on racial superiority or inciting hatred or violence against indigenous persons and persons of African descent. Guatemala had replied that specific efforts to draft a bill on the protection of such persons were currently under way in the Presidential Commission to Combat Discrimination. Moreover, the Government had referred to judgements in two cases occurring in 2002-2003, which had resulted in administrative sanctions – in one case, 15 days’ suspension from work without pay and in the other a public apology. Guatemala had also implemented training programmes in the police administration. However, Guatemala did not mention specific measures that would make any dissemination of ideas of superiority, racial hatred, incitement of racial discrimination and violent acts to indigenous persons and persons of African descent a punishable act. It was recommended that the Committee request Guatemala to establish criminal sanctions in this area and that it also provide information on efforts to recognize and protect the rights of the indigenous people and their sovereignty to the use of their land, in particular, to ensure that indigenous peoples exercised informed consent in matters touching on their land rights.

With respect to Turkmenistan’s response, the Government had outlined that all necessary, practical and legal steps to eliminate all forms of racial discrimination and prevent acts of incitement to ethnic violence had been taken, Mr. Amir said. There were no restrictions regarding ethnicity in national labour laws. Moreover, Turkmenistan granted asylum to persons persecuted in the country as specified in international agreements, and the Government had abolished the pervious restriction on the freedom of movement for all citizens within the country by a decree of 13 July 2007, which abolished the internal visa regime. Reforms in the education sector were under way to improve the system and bring it in line with international standards. Here, it was noted that Turkmenistan’s replies were not always complete and did not always address the questions posed by the Committee. It was proposed that the State party be asked to include the additional information sought in its next reports (now overdue) and also that it be requested to submit that information as soon as possible.

The Committee agreed to the recommendations made by both Mr. Prosper and Mr. Amir regarding action to be taken concerning the four countries discussed.

Tomorrow morning the Committee will hold a public meeting to discuss situations before it under its early warning and urgent action procedures. Tomorrow afternoon, the Committee will hold a public meeting to adopt its annual report and make public its concluding observations on State party reports considered over the past three weeks, before officially closing its seventy-third session.
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