COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION EXAMINES REPORT OF KYRGYZSTAN
16 August 1999
AFTERNOON
HR/CERD/99/53
16 August 1999
Adopts Concluding Observations on Report of Haiti
The Committee on the Elimination of Racial Discrimination this afternoon briefly considered a report submitted by the Government of Kyrgyzstan on that nation’s efforts to implement the International Convention on the Elimination of All Forms of Racial Discrimination.
The panel then went on to adopt concluding observations on a report of Haiti presented earlier in its four-week session.
Lira Sabyrova, First Secretary of Permanent Mission of Kyrgyzstan to the United Nations Office and other international organizations at Geneva, told the Committee that during the eight years of Kyrgyzstan's independence, the fundamental human rights of the multi-ethnic Kyrgyz people, guaranteed in the Constitution of the country, had been extended and strengthened.
Committee Expert Luis Valencia Rodriguez served as country rapporteur for the report of Kyrygzstan. Other members of the Committee questioned the one-person delegation on what they said were continued problems of ethnic confrontation between Uzbeks and Kyrgyz since 1990, when a serious clash occurred in the city of Osh, resulting in human casualties and property damage.
The Committee will issue its formal, written observations on the report of Kyrgyzstan towards the end of its four-week session, which concludes 27 August.
As one of 155 States parties to the Convention, Kyrgyzstan must submit periodic reports to the Committee.
Concluding observations on the report of Haiti expressed concern, among other things, about reports of human-rights violations committed by members of the Haitian National Police, and contended that too little was being done to end impunity for persons perpetrating acts of violence based on racial discrimination.
The Committee also adopted a proposed revision of its reporting guidelines with particular reference to article 5 of the Convention. Article 5 provides for the right to equal treatment before the law, the right to security of person, political and other civil rights. The revised adopted standards are to guide States in preparing reports.
When the Committee reconvenes at 10 a.m. Tuesday, 17 August, it will hold a private meeting to consider communications received from individuals claiming to be victims of violations of the rights contained in the Convention. Such communications may only be considered relating to States parties which have recognized the Committee's competence to receive such claims under article 14 of the Convention.
Report of Kyrgyzstan
The initial report of Kyrgyzstan (document CERD/C/326/Add.1) says that owing to geopolitical situation and historical circumstance, the country came into being as a multi-ethnic State with an ethnically complex population comprising several large ethnic groups in addition to an autochthonous nation. The Kyrgyz Republic guarantees the preservation, equality and unrestricted development and use of all the languages used by its population. Every citizen has the right to unrestricted choice of language in which to communicate, according to the report.
The report says the country's Constitution excludes the possibility of racial discrimination and confers equal rights on all citizens. It also states that everyone in the Republic is equal before the law and the courts; that no one may be subjected to any kind of discrimination or encroachment on his or her rights and freedoms on grounds of origin, sex, race or nationality, language, faith, political or religious convictions or any other personal or social trait or circumstance.
The report states that no Kyrgyz citizen may be stripped of his citizenship or of the right to change his citizenship. According to the Constitution, everyone has the right to freedom of movement, freedom to choose his place of residence anywhere in the country, freedom to leave the country, and unobstructed right of return.
Presentation of Report
LIRA SABYROVA, First Secretary of Permanent Mission of Kyrgyzstan to the United Nations Office and other international organizations at Geneva, presenting her country's initial report, said the Government attached great importance to ethnic issues, and its commitment to the elimination of any ethnic injustices had been fully reflected in the country's Constitution. The principle of ethnic equality was always being integrated into official policies in conformity with basic law, she added.
Ms. Sabyrova said that under the "Kyrgyzstan Our Common Home" programme, the Government aimed at strengthening the unity and solidarity of the people of Kyrgyzstan. According to that programme, national cultural centres had been set up to ensure respect for the rights of ethnic groups in Kyrgyzstan, such as free communication in one’s native language, education in ethnically based schools and higher institutions, employment, and wide participation in the social and political life of the country.
Ms. Sabyrova said the Government had enacted a series of laws establishing the principle of non-discrimination as called for in the Convention. In addition, the codes on criminal and civil procedure contained provisions designed to protect justice in criminal and civil matters on the premise that all citizens of Kyrgyzstan were equal before the law.
She also said that current legislation did not permit any restrictions on voting rights on grounds of race or ethnicity or language. Furthermore, the Constitution provided the right for everyone in the country to own property and the right to inherit as well as the rights to freedom of religion, free expression, and freedom of the press, among others.
Ms. Sabyrova said her Government, despite difficulties in its struggle to structure the country's development in line with the principles of a market economy, was endeavouring to make a significant effort to adhere to democratic values. During the eight years of Kyrgyzstan's independence, the fundamental human rights of the multi-ethnic Kyrgyz people, guaranteed in the Constitution, had been extended and strengthened, she said.
Discussion
LUIS VALENCIA RODRIGUEZ, the Committee Expert who served as country rapporteur for the report of Kyrgyzstan, said he was satisfied with the report, which was prepared in accordance with the Committee's guidelines. He said he appreciated the publication on 27 June 1997 of a decree by the Government for the creation of an inter-ministerial commission pertaining the implementation of human-rights treaties.
Mr. Valencia Rodriguez said the country was a multi-ethnic State with a population of 5 million. There was an ethnically complex population of 80 nationalities among which were Kyrgyz, Russians, Uzbeks, Ukrainians and Tartars. The country's Constitution excluded the possibility of racial discrimination and recognized the equal rights of all citizens before the law.
Concerning article 2 of the Convention, which calls on State parties to encourage integrationist multi-racial organizations and movements and other means of eliminating barriers between races, Mr. Valencia Rodriguez said he was satisfied that ethnically based organizations devoted to protecting the interest of ethnic groups and upholding their linguistic and cultural identities had been formed in 1992. The creation of the organizations had been followed by the establishment of a council, Kurultai, to discuss common problems, look for solutions and seek ways to escape the crisis affecting the country. However, he wanted to know if different ethnic groups were fairly represented in the Kurultai.
Mr. Valencia Rodriguez requested the Government to provide more information on the content of the presidential decree of 5 July 1997 on the creation of a Human Rights Commission attached to the Office of the President. He requested further information on the mandate and function of the Commission. He also asked the delegate to provide additional information on the implementation of article 2, paragraph 2, of the Convention, which prohibits a State party from sponsoring, defending, or supporting racial discrimination by any persons or organizations.
Other Committee members also raised a number of questions. Further explanation was sought on whether Kyrgyz, although defined in the Constitution as the State language, was sufficiently developed in technical areas. Kyrgyz would need more efforts to develop to the full extent required of a State language, one Expert said.
Committee Experts also queried the one-person delegation on ethnic confrontations between Uzbeks and Kyrgyz since 1990, when a serious clash occurred in the city of Osh, resulting in human casualties and property damage. They said peaceful coexistence in the city seemed to have eluded the two communities. The Government was requested to inform the Committee if solutions had been found to the problem.
Concluding observations on Haiti
In its concluding observations on Haiti, the Committee said the situation of human rights in Haiti had improved, despite continuing threats to its political and economic stability. It drew attention to what it said were negative effects of the current political, economic and social crisis in Haiti which had exacerbated discrimination among different ethnic and racial groups.
Among positive aspects of the report of Haiti, the Committee expressed its satisfaction at the information provided by the Government that international instruments, including the Convention, had become an integral part of its domestic legislation and were binding on the judicial and other authorities of the State. It noted with appreciation the State party's implementation of an international programme in the field of human rights in cooperation with the Office of the United Nations High Commissioner for Human Rights.
The Committee expressed concern at the Government's repeated assertion that there was no racial discrimination as defined in article 1 of the Convention. The Committee said it was of the opinion that the absence of complaints and legal action by victims of racism could be an indicator of a lack of awareness of the existence of available legal remedies in cases of racial discrimination, and that members of the public might not be sufficiently aware of the protection against racial discrimination provided by the Convention.
Concern was also expressed about reports of human-rights violations committed by members of the Haitian National Police; and the Committee said too little was being done to end impunity for persons who perpetrated acts of violence related to racial discrimination. Further concern was expressed at a lack of domestic legislation to prevent acts of racial discrimination by individuals. The Committee also expressed concern that the Convention had not yet been translated into Creole, since that, along with French, was the official language of the country and was spoken by the majority of the population.
The Committee recommended, among other things, that the Government provide in its next report full information on the demographic composition of the population and include a description of existing legal mechanisms available for lodging complaints of racial discrimination. It also recommended that Haiti enact legislation for the prevention of racial discrimination in the private sector; that it consider the establishment of a national institution to facilitate the implementation of the Convention; and that it consider providing education and training on racial tolerance and human-rights issues to law-enforcement officials.
HR/CERD/99/53
16 August 1999
Adopts Concluding Observations on Report of Haiti
The Committee on the Elimination of Racial Discrimination this afternoon briefly considered a report submitted by the Government of Kyrgyzstan on that nation’s efforts to implement the International Convention on the Elimination of All Forms of Racial Discrimination.
The panel then went on to adopt concluding observations on a report of Haiti presented earlier in its four-week session.
Lira Sabyrova, First Secretary of Permanent Mission of Kyrgyzstan to the United Nations Office and other international organizations at Geneva, told the Committee that during the eight years of Kyrgyzstan's independence, the fundamental human rights of the multi-ethnic Kyrgyz people, guaranteed in the Constitution of the country, had been extended and strengthened.
Committee Expert Luis Valencia Rodriguez served as country rapporteur for the report of Kyrygzstan. Other members of the Committee questioned the one-person delegation on what they said were continued problems of ethnic confrontation between Uzbeks and Kyrgyz since 1990, when a serious clash occurred in the city of Osh, resulting in human casualties and property damage.
The Committee will issue its formal, written observations on the report of Kyrgyzstan towards the end of its four-week session, which concludes 27 August.
As one of 155 States parties to the Convention, Kyrgyzstan must submit periodic reports to the Committee.
Concluding observations on the report of Haiti expressed concern, among other things, about reports of human-rights violations committed by members of the Haitian National Police, and contended that too little was being done to end impunity for persons perpetrating acts of violence based on racial discrimination.
The Committee also adopted a proposed revision of its reporting guidelines with particular reference to article 5 of the Convention. Article 5 provides for the right to equal treatment before the law, the right to security of person, political and other civil rights. The revised adopted standards are to guide States in preparing reports.
When the Committee reconvenes at 10 a.m. Tuesday, 17 August, it will hold a private meeting to consider communications received from individuals claiming to be victims of violations of the rights contained in the Convention. Such communications may only be considered relating to States parties which have recognized the Committee's competence to receive such claims under article 14 of the Convention.
Report of Kyrgyzstan
The initial report of Kyrgyzstan (document CERD/C/326/Add.1) says that owing to geopolitical situation and historical circumstance, the country came into being as a multi-ethnic State with an ethnically complex population comprising several large ethnic groups in addition to an autochthonous nation. The Kyrgyz Republic guarantees the preservation, equality and unrestricted development and use of all the languages used by its population. Every citizen has the right to unrestricted choice of language in which to communicate, according to the report.
The report says the country's Constitution excludes the possibility of racial discrimination and confers equal rights on all citizens. It also states that everyone in the Republic is equal before the law and the courts; that no one may be subjected to any kind of discrimination or encroachment on his or her rights and freedoms on grounds of origin, sex, race or nationality, language, faith, political or religious convictions or any other personal or social trait or circumstance.
The report states that no Kyrgyz citizen may be stripped of his citizenship or of the right to change his citizenship. According to the Constitution, everyone has the right to freedom of movement, freedom to choose his place of residence anywhere in the country, freedom to leave the country, and unobstructed right of return.
Presentation of Report
LIRA SABYROVA, First Secretary of Permanent Mission of Kyrgyzstan to the United Nations Office and other international organizations at Geneva, presenting her country's initial report, said the Government attached great importance to ethnic issues, and its commitment to the elimination of any ethnic injustices had been fully reflected in the country's Constitution. The principle of ethnic equality was always being integrated into official policies in conformity with basic law, she added.
Ms. Sabyrova said that under the "Kyrgyzstan Our Common Home" programme, the Government aimed at strengthening the unity and solidarity of the people of Kyrgyzstan. According to that programme, national cultural centres had been set up to ensure respect for the rights of ethnic groups in Kyrgyzstan, such as free communication in one’s native language, education in ethnically based schools and higher institutions, employment, and wide participation in the social and political life of the country.
Ms. Sabyrova said the Government had enacted a series of laws establishing the principle of non-discrimination as called for in the Convention. In addition, the codes on criminal and civil procedure contained provisions designed to protect justice in criminal and civil matters on the premise that all citizens of Kyrgyzstan were equal before the law.
She also said that current legislation did not permit any restrictions on voting rights on grounds of race or ethnicity or language. Furthermore, the Constitution provided the right for everyone in the country to own property and the right to inherit as well as the rights to freedom of religion, free expression, and freedom of the press, among others.
Ms. Sabyrova said her Government, despite difficulties in its struggle to structure the country's development in line with the principles of a market economy, was endeavouring to make a significant effort to adhere to democratic values. During the eight years of Kyrgyzstan's independence, the fundamental human rights of the multi-ethnic Kyrgyz people, guaranteed in the Constitution, had been extended and strengthened, she said.
Discussion
LUIS VALENCIA RODRIGUEZ, the Committee Expert who served as country rapporteur for the report of Kyrgyzstan, said he was satisfied with the report, which was prepared in accordance with the Committee's guidelines. He said he appreciated the publication on 27 June 1997 of a decree by the Government for the creation of an inter-ministerial commission pertaining the implementation of human-rights treaties.
Mr. Valencia Rodriguez said the country was a multi-ethnic State with a population of 5 million. There was an ethnically complex population of 80 nationalities among which were Kyrgyz, Russians, Uzbeks, Ukrainians and Tartars. The country's Constitution excluded the possibility of racial discrimination and recognized the equal rights of all citizens before the law.
Concerning article 2 of the Convention, which calls on State parties to encourage integrationist multi-racial organizations and movements and other means of eliminating barriers between races, Mr. Valencia Rodriguez said he was satisfied that ethnically based organizations devoted to protecting the interest of ethnic groups and upholding their linguistic and cultural identities had been formed in 1992. The creation of the organizations had been followed by the establishment of a council, Kurultai, to discuss common problems, look for solutions and seek ways to escape the crisis affecting the country. However, he wanted to know if different ethnic groups were fairly represented in the Kurultai.
Mr. Valencia Rodriguez requested the Government to provide more information on the content of the presidential decree of 5 July 1997 on the creation of a Human Rights Commission attached to the Office of the President. He requested further information on the mandate and function of the Commission. He also asked the delegate to provide additional information on the implementation of article 2, paragraph 2, of the Convention, which prohibits a State party from sponsoring, defending, or supporting racial discrimination by any persons or organizations.
Other Committee members also raised a number of questions. Further explanation was sought on whether Kyrgyz, although defined in the Constitution as the State language, was sufficiently developed in technical areas. Kyrgyz would need more efforts to develop to the full extent required of a State language, one Expert said.
Committee Experts also queried the one-person delegation on ethnic confrontations between Uzbeks and Kyrgyz since 1990, when a serious clash occurred in the city of Osh, resulting in human casualties and property damage. They said peaceful coexistence in the city seemed to have eluded the two communities. The Government was requested to inform the Committee if solutions had been found to the problem.
Concluding observations on Haiti
In its concluding observations on Haiti, the Committee said the situation of human rights in Haiti had improved, despite continuing threats to its political and economic stability. It drew attention to what it said were negative effects of the current political, economic and social crisis in Haiti which had exacerbated discrimination among different ethnic and racial groups.
Among positive aspects of the report of Haiti, the Committee expressed its satisfaction at the information provided by the Government that international instruments, including the Convention, had become an integral part of its domestic legislation and were binding on the judicial and other authorities of the State. It noted with appreciation the State party's implementation of an international programme in the field of human rights in cooperation with the Office of the United Nations High Commissioner for Human Rights.
The Committee expressed concern at the Government's repeated assertion that there was no racial discrimination as defined in article 1 of the Convention. The Committee said it was of the opinion that the absence of complaints and legal action by victims of racism could be an indicator of a lack of awareness of the existence of available legal remedies in cases of racial discrimination, and that members of the public might not be sufficiently aware of the protection against racial discrimination provided by the Convention.
Concern was also expressed about reports of human-rights violations committed by members of the Haitian National Police; and the Committee said too little was being done to end impunity for persons who perpetrated acts of violence related to racial discrimination. Further concern was expressed at a lack of domestic legislation to prevent acts of racial discrimination by individuals. The Committee also expressed concern that the Convention had not yet been translated into Creole, since that, along with French, was the official language of the country and was spoken by the majority of the population.
The Committee recommended, among other things, that the Government provide in its next report full information on the demographic composition of the population and include a description of existing legal mechanisms available for lodging complaints of racial discrimination. It also recommended that Haiti enact legislation for the prevention of racial discrimination in the private sector; that it consider the establishment of a national institution to facilitate the implementation of the Convention; and that it consider providing education and training on racial tolerance and human-rights issues to law-enforcement officials.