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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION EXPRESSES GREAT CONCERN ABOUT ETHNIC VIOLENCE IN RWANDA

20 August 1998

MORNING
HR/CERD/98/58
20 August 1998

Committee Adopts Concluding Observations on Reports
of Niger, Gabon and Cuba


The Committee on the Elimination of Racial Discrimination this morning expressed great concern over reports of ethnic violence in north-west Rwanda and over the continued flow of arms into the region. It called on all countries to enforce applicable arms embargos in the region.

In a decision adopted without a vote, the Committee also expressed concern over the slow pace of genocide trials and the legal deficiencies, including significant due process concerns. It similarly expressed its grave concern over the deplorable conditions in which those accused of having participated in the genocide were detained.

Also this morning, the Committee adopted concluding observations on the reports of Niger, Gabon and Cuba. The periodic reports -- submitted under the terms of the International Convention on the Elimination of All Forms of Racial Discrimination -- were reviewed in the presence of Government representatives earlier in the Committee's three-week session.

The Committee also started its examination of its concluding observations on the report of Nepal, which it is expected to adopt this afternoon together with those on the report of Tonga.

Official, printed versions of the concluding observations on the report will be issued Friday, 21 August, the final day of the Committee's three-week session.

The Committee will reconvene at 3 p.m. to continue its adoption of concluding observations. It will also discuss the issue of the forthcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance.

Decision on Rwanda

In a decision on Rwanda, whose situation was considered under its review procedure for countries whose reports were seriously overdue, the Committee expressed great concern over reports of ethnic violence occurring in the north-west of the country and along the Congolese border; over reports that violence had spread to the central region of the country and across the Congolese border into the Democratic Republic of the Congo; and over the continued flow of arms into the region. It called on all States to enforce applicable arms embargos in the region.

The Committee further noted with concern that the mandate of the United Nations Human Rights Field Operation in Rwanda had come to an end and that Rwanda had refused to approve a new mandate with a mission to monitor human rights. It also expressed its concern over the slow pace of genocide trials and the legal deficiencies, including significant due process concerns. The Committee similarly expressed its grave concern over the deplorable conditions in which those accused of having participated in the genocide were detained.

The Committee welcomed reports that members of the Rwandan Patriotic Army had been tried for grave human rights and humanitarian law violations that appeared to have had an ethnicity motivated character. It called on the Government to cooperate more with the work of the International Criminal Tribunal for Rwanda and to take additional steps to publicize its proceedings as a necessary step in overcoming the perception of impunity that persisted in much of the country.

Concluding Observations

In concluding observations on the report of Niger, the Committee welcomed the signing of an agreement in 1995 establishing peace between the Government of Niger and the Armed Resistance Organization.

However, concerns were expressed regarding acts of violence perpetrated against persons belonging to certain ethnic groups, particularly the Tubus, and relating to the absence of information on measures aimed at integrating the armed personnel of the Armed Resistance Organization into the regular army and the country's civil activities. Concern was also expressed at the lack of information on foreign refugees in Niger and refugees returning from abroad.

The Committee recommended that the Government of Niger provide it with information on the relationship between the various ethnic groups and on efforts aimed at building peaceful and harmonious relations among themselves. It encouraged the State party to put its penal code in line with the provisions of the International Convention and recommended that the Government include in it next periodic report the results of the efforts on elimination of racial discrimination. It also called on the Government to include any complaints and subsequent judicial decisions in its next report.

The Committee also recommended that Niger furnish information on legislative reforms undertaken to implement the right to freedom of peaceful assembly and associations; on political and other civil rights; on educational activities; and on economic and social indicators regarding all ethnic groups of the country.

In concluding observations on the report of Gabon, the Committee expressed concern over the insufficiency of information on the demographic composition of the population, including the composition of the 40 ethnic entities, the foreign community and the indigenous Pygmy community.

Among other things, the Committee decided to recommend that detailed information be provided by Gabon on the demographic composition of the population, including the 40 ethnic entities, the foreign community and the indigenous Pygmy community; that Gabon provide details on the effective enjoyment by all groups in participating in public life and economic, social and cultural rights; and that it furnish facts on the existing legal mechanisms available to lodge complaints in cases of racial discrimination.

With regards to Cuba, the Committee’s concluding observations recognized that the country had experienced serious economic difficulties since the beginning of the nineties that affected the full enjoyment of economic, social and cultural rights, especially by less favoured social groups. Among positive aspects, the Committee appreciated Cuba’s commitment to eliminate all manifestations of racial discrimination, especially through the adoption since 1959 of appropriate legislation, equal opportunity policies and widespread education of the population.

The Committee recommended that Cuba provide, in its next report, more information on the demographic composition of the population. It requested the Government to provide it with information on the number of complaints of racial discrimination, the outcome of the prosecution of cases of racial discrimination and the redress, if any, provided to persons affected by such discrimination. The Committee also recommended that the role of the Attorney-General be clearly explained in dealing with complaints.