COMMITTEE ON ELIMINATION OF RACIAL
DISCRIMINATION EXPRESSES CONCERN
ABOUT POLICIES OF SUPPRESSION OF
FUNDAMENTAL RIGHTS OF THE KURDS
10 March 1999
MORNING
HR/CERD/99/16
10 March 1999
Committee Concludes Consideration of Report Presented by Peru
The Committee on the Elimination of Racial Discrimination this morning expressed its concern about acts and policies of suppression of the fundamental rights and the identity of the Kurds as distinct people.
In a statement adopted by consensus, the 18-member Committee stressed that the Kurdish people wherever they lived should be able to lead their lives in dignity, to preserve their culture and to enjoy wherever appropriate a high degree of autonomy.
Also this morning, the Committee concluded its consideration of a report presented by the Government of Peru on its compliance with the International Convention on the Elimination of All Forms of Racial Discrimination.
Regis de Gouttes, the Committee expert who served as country rapporteur to the report of Peru, appreciated the efforts of the Government in realising the economic, social and cultural rights of the population. However, he said that much remained to be done to improve the conditions of the various indigenous communities.
The Committee will issue its written, formal concluding observations on the report of Peru towards the end of its three-week session, which will conclude on 19 March. An eight-person high-level delegation, led by Peruvian Minister of Justice Maria Carlota Valenzuela de Puelles, was at hand to answer questions raised by the Committee experts.
The following Committee experts participated in the debate: Régis de Gouttes, Mahmoud Aboul-Nasr, and Michael E. Sherifis.
When the Committee reconvenes at 3 p.m., it will take up the report of Syrian Arab Republic.
Statement Adopted by the Committee
The full text of the statement is as follows:
"The Committee on the Elimination of Racial Discrimination is profoundly alarmed about widespread and systematic violations of human rights inflicted on people because of their ethnic or national origin. Ethnic antagonisms, especially when mixed with political opposition, give rise to many forms of violent conflict, including terrorist actions and military operations. In many parts of the world they cause immense suffering, including the loss of many lives, the destruction of cultural heritage and the massive displacement of populations.
In this context, the Committee expresses its concern about acts and policies of suppression of the fundamental rights and the identity of the Kurds as distinct people. The Committee stresses that the Kurdish people wherever they live should be able to lead their lives in dignity, to preserve their culture and to enjoy wherever appropriate a high degree of autonomy.
The Committee appeals to the competent organs of the United Nations and to all authorities and organizations working for peace, justice and human rights to deploy all necessary efforts in order to achieve peaceful solutions which do justice to the fundamental human rights and freedoms of the Kurdish people."
Discussion of Peruvian Report
MARIA CARLOTA VALENZUELA DE PUELLES, Minister of Justice of Peru, responding to the numerous questions raised by Committee experts during yesterday's meeting, said that Peru was a multicultural and multiethnic nation whose citizens enjoyed their equal rights enshrined in the Constitution. Its indigenous population, without being displaced from their natural habitat, also enjoyed their natural and constitutional rights. There was no effort, whatsoever, from the part of the Government to force the indigenous population to change their way of living or to displace them from their natural territories.
Ms. Valenzuela de Puelles further said that the various components of the population lived in harmony, sharing the same sentiment of being Peruvian. This attitude did not hamper the different racial communities from proudly pronouncing their racial descent. The indigenous population in the Sierra region for instance continued their traditional practices without any interference from the Government authorities. They led a peaceful life among themselves by perpetuating their ancestral culture and by strengthening their attachment to their traditional values.
Concerning the other communities, the Minister said that the blacks and the mixed communities in Peru also enjoyed their rights in the same manner as the rest of their compatriots. The black community also participated in and contributed to the growth and advancement of the country in all fields of the society. The black community was known for its folkloric dances, which were also part of Peru's cultural identities. The expression "Negrita or Negrito", which refereed to the black community was not derogatory; it was an expression of affection, she said.
Other members of the delegation also spoke on various issues regarding racial relations among the different ethnic groups. One member said that the country's Constitution recognized that all persons had the right to their ethnic and cultural identity. The State also recognized and protected the ethnic and cultural diversity of the nation, giving every citizen the right to use his or her own language before any authority through an interpreter.
Moreover, bilingual, and intercultural education was promoted, the delegation said. In addition to Spanish, Quechua, Aymara and other aboriginal languages were accepted as official languages in the areas where their use predominated. Furthermore, the authorities of the peasant and indigenous communities were granted the power to exercise jurisdictional functions within their territory, in conformity with customary law.
The delegation further said that the terrorist movements in Peru had been fighting to set up an extreme and totalitarian regime in the country by force. For many years, the terrorist movements had continued to commit crimes. In order to fight back against these crimes, the Government had been obliged to declare a state of emergency and to institute the so-called "faceless judges" to punish those who perpetrated crimes against the population. However, the system of the "faceless judges" had now been abolished and the overall situation had been normalized.
With regard to the administration of justice, the delegation said that it was undergoing a profound change in order to adopt to the modern deeds of the justice system. In addition, the Government had been training competent judges and other personnel closely related to the justice system. Cases involving civilians were dealt with by civil courts while military courts carried out justice pertaining to military affairs. In all cases, the Government had been encouraging the administration of justice in a fair and equitable manner for all citizens.
Regarding the economic situation, the delegation said that the Government's priority was to fight poverty in all its forms. By adopting a new policy and economic strategy, the Government had been giving priority to poverty alleviation programmes for the least favoured sectors of the population. In 1998, the country's economic growth had been raised to 2 per cent; and the nation's reserves had been increased, the delegation added.
In conclusion, the head of the Peruvian delegation said that there was no racial discrimination in her country. The Government was still fighting to achieve durable peace in order to pursue its development programmes which were aimed at alleviating poverty. It was only after the eradication of extreme poverty that Peru's economic development would take off.
Responding to the statement of the head of the delegation, Committee Chairperson Mahmoud Aboul-Nasr said that there was not a single country in the world that could declare itself free from racial discrimination. No State was immune from the phenomenon of racial discrimination. States should pursue policies which would prevent racial discrimination and adopt measures to fight its resurgence. Even if racial discrimination did not exist today, it might appear tomorrow, he said.
REGIS DE GOUTTES, the Committee expert who served as country rapporteur to the report of Peru, appreciated the efforts of the Government in realising the economic, social and cultural rights of the population. Recalling the drastic situation through which the country had traversed, he said that much remained to be done to improve the conditions of the various indigenous communities.
Mr. de Gouttes said that the next periodic report of Peru should contain information relating to the ethnic breakdown of the population; the socio-economic indicators of the indigenous population, the peasants and the black community; and progress achieved in implementing the rights listed in the Convention. In addition, the forthcoming report should contain information on the legislative reform undertaken to fully respond to article 4 of the Convention.
HR/CERD/99/16
10 March 1999
Committee Concludes Consideration of Report Presented by Peru
The Committee on the Elimination of Racial Discrimination this morning expressed its concern about acts and policies of suppression of the fundamental rights and the identity of the Kurds as distinct people.
In a statement adopted by consensus, the 18-member Committee stressed that the Kurdish people wherever they lived should be able to lead their lives in dignity, to preserve their culture and to enjoy wherever appropriate a high degree of autonomy.
Also this morning, the Committee concluded its consideration of a report presented by the Government of Peru on its compliance with the International Convention on the Elimination of All Forms of Racial Discrimination.
Regis de Gouttes, the Committee expert who served as country rapporteur to the report of Peru, appreciated the efforts of the Government in realising the economic, social and cultural rights of the population. However, he said that much remained to be done to improve the conditions of the various indigenous communities.
The Committee will issue its written, formal concluding observations on the report of Peru towards the end of its three-week session, which will conclude on 19 March. An eight-person high-level delegation, led by Peruvian Minister of Justice Maria Carlota Valenzuela de Puelles, was at hand to answer questions raised by the Committee experts.
The following Committee experts participated in the debate: Régis de Gouttes, Mahmoud Aboul-Nasr, and Michael E. Sherifis.
When the Committee reconvenes at 3 p.m., it will take up the report of Syrian Arab Republic.
Statement Adopted by the Committee
The full text of the statement is as follows:
"The Committee on the Elimination of Racial Discrimination is profoundly alarmed about widespread and systematic violations of human rights inflicted on people because of their ethnic or national origin. Ethnic antagonisms, especially when mixed with political opposition, give rise to many forms of violent conflict, including terrorist actions and military operations. In many parts of the world they cause immense suffering, including the loss of many lives, the destruction of cultural heritage and the massive displacement of populations.
In this context, the Committee expresses its concern about acts and policies of suppression of the fundamental rights and the identity of the Kurds as distinct people. The Committee stresses that the Kurdish people wherever they live should be able to lead their lives in dignity, to preserve their culture and to enjoy wherever appropriate a high degree of autonomy.
The Committee appeals to the competent organs of the United Nations and to all authorities and organizations working for peace, justice and human rights to deploy all necessary efforts in order to achieve peaceful solutions which do justice to the fundamental human rights and freedoms of the Kurdish people."
Discussion of Peruvian Report
MARIA CARLOTA VALENZUELA DE PUELLES, Minister of Justice of Peru, responding to the numerous questions raised by Committee experts during yesterday's meeting, said that Peru was a multicultural and multiethnic nation whose citizens enjoyed their equal rights enshrined in the Constitution. Its indigenous population, without being displaced from their natural habitat, also enjoyed their natural and constitutional rights. There was no effort, whatsoever, from the part of the Government to force the indigenous population to change their way of living or to displace them from their natural territories.
Ms. Valenzuela de Puelles further said that the various components of the population lived in harmony, sharing the same sentiment of being Peruvian. This attitude did not hamper the different racial communities from proudly pronouncing their racial descent. The indigenous population in the Sierra region for instance continued their traditional practices without any interference from the Government authorities. They led a peaceful life among themselves by perpetuating their ancestral culture and by strengthening their attachment to their traditional values.
Concerning the other communities, the Minister said that the blacks and the mixed communities in Peru also enjoyed their rights in the same manner as the rest of their compatriots. The black community also participated in and contributed to the growth and advancement of the country in all fields of the society. The black community was known for its folkloric dances, which were also part of Peru's cultural identities. The expression "Negrita or Negrito", which refereed to the black community was not derogatory; it was an expression of affection, she said.
Other members of the delegation also spoke on various issues regarding racial relations among the different ethnic groups. One member said that the country's Constitution recognized that all persons had the right to their ethnic and cultural identity. The State also recognized and protected the ethnic and cultural diversity of the nation, giving every citizen the right to use his or her own language before any authority through an interpreter.
Moreover, bilingual, and intercultural education was promoted, the delegation said. In addition to Spanish, Quechua, Aymara and other aboriginal languages were accepted as official languages in the areas where their use predominated. Furthermore, the authorities of the peasant and indigenous communities were granted the power to exercise jurisdictional functions within their territory, in conformity with customary law.
The delegation further said that the terrorist movements in Peru had been fighting to set up an extreme and totalitarian regime in the country by force. For many years, the terrorist movements had continued to commit crimes. In order to fight back against these crimes, the Government had been obliged to declare a state of emergency and to institute the so-called "faceless judges" to punish those who perpetrated crimes against the population. However, the system of the "faceless judges" had now been abolished and the overall situation had been normalized.
With regard to the administration of justice, the delegation said that it was undergoing a profound change in order to adopt to the modern deeds of the justice system. In addition, the Government had been training competent judges and other personnel closely related to the justice system. Cases involving civilians were dealt with by civil courts while military courts carried out justice pertaining to military affairs. In all cases, the Government had been encouraging the administration of justice in a fair and equitable manner for all citizens.
Regarding the economic situation, the delegation said that the Government's priority was to fight poverty in all its forms. By adopting a new policy and economic strategy, the Government had been giving priority to poverty alleviation programmes for the least favoured sectors of the population. In 1998, the country's economic growth had been raised to 2 per cent; and the nation's reserves had been increased, the delegation added.
In conclusion, the head of the Peruvian delegation said that there was no racial discrimination in her country. The Government was still fighting to achieve durable peace in order to pursue its development programmes which were aimed at alleviating poverty. It was only after the eradication of extreme poverty that Peru's economic development would take off.
Responding to the statement of the head of the delegation, Committee Chairperson Mahmoud Aboul-Nasr said that there was not a single country in the world that could declare itself free from racial discrimination. No State was immune from the phenomenon of racial discrimination. States should pursue policies which would prevent racial discrimination and adopt measures to fight its resurgence. Even if racial discrimination did not exist today, it might appear tomorrow, he said.
REGIS DE GOUTTES, the Committee expert who served as country rapporteur to the report of Peru, appreciated the efforts of the Government in realising the economic, social and cultural rights of the population. Recalling the drastic situation through which the country had traversed, he said that much remained to be done to improve the conditions of the various indigenous communities.
Mr. de Gouttes said that the next periodic report of Peru should contain information relating to the ethnic breakdown of the population; the socio-economic indicators of the indigenous population, the peasants and the black community; and progress achieved in implementing the rights listed in the Convention. In addition, the forthcoming report should contain information on the legislative reform undertaken to fully respond to article 4 of the Convention.