COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION STARTS ADOPTING CONCLUSIONS ON REPORTS OF SWITZERLAND

CERD
60th session
13 March 2002
Morning


Concludes Consideration of Danish Report
on Compliance with Convention


The Committee on the Elimination of Racial Discrimination this morning started adopting its concluding observations and recommendations on the second and third periodic reports of Switzerland by welcoming the progress made by the State in significantly advancing the implementation of the provisions of the Convention on the Elimination of All Forms of Racial Discrimination.
The Committee welcomed the fact that the new federal Constitution, which entered into force in January 2000, incorporated the principle that all human beings were equal before the law; it noted with satisfaction, among other things, that a number of recent reforms of cantonal constitutions had included provisions prohibiting discrimination; and it expressed satisfaction at the establishment of a fund of 15 million Swiss francs aimed at financing projects to combat racism.
Also this morning, the Committee concluded its consideration of a fifteenth periodic report of Denmark with a Government delegation telling the Experts that resident permits based on marriage could not be granted in cases where at least one of the spouses was under 25 years.
Asked about the amendment of the Aliens Act of May 2000, the Danish delegation said that with the amendment, the statuary right to unification of spouses had been abolished for persons under 25 years of age. Following the amendment, the legal claim to family reunification had been revoked for people under 25.
The members of the delegation also said that a residence permit based on marriage could not be granted in cases where at least one of the spouses was under 25 years, if the marriage had been entered into on the basis of an agreement concluded between persons other than the spouses. Since the Act entered into force on 3 June 2000, only 10 cases had been rejected while 1,700 cases had been approved, they added.
Patricia Nozipho January-Bardill, the Committee Expert who acted as country rapporteur to the report of Denmark, welcomed the positive steps that the Danish Government had taken to implement the 1998 Integration Act and the subsequent review survey carried out by the Committee of Ministers. That review had revealed a number of successful measures in improving human rights of minority communities and refugees, she said.
Referring to the reduction of funds to anti-discrimination organizations, Ms. January-Bardill said that those institutions were not a threat, on the contrary, they served to mainstream the positive image of Denmark as a country whose Government and people had always respected human rights.
The following Committee Experts also participated in the discussion: Patrick Thornberry, Regis de Gouttes, Ion Diaconu, Agha Shahi, Raghavan Vasudevan Pillai, Mahmoud Aboul-Nasr and Nourredine Amir.
The Committee will issue its concluding observations and recommendations on the report of Denmark before ending its three-week session on 22 March.
Denmark is among the 161 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination and it is obligated to present periodic reports to the Committee on its activities designed to implement the provisions of the treaty. A 10-member Danish delegation was on hand during the two meetings to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes at 3 p.m., it will take up the eleventh to thirteenth periodic reports of Belgium (CERD/C/381/Add.1).

Concluding Observations and Recommendations on Reports of Switzerland
Among positive aspects on the reports, the Committee welcomed the progress made by Switzerland since the consideration of the initial report in significantly advancing the implementation of the provisions of the Convention. In that context, it welcomed the fact that the new federal Constitution, which entered into force in January 2000, incorporated the principle that all human beings were equal before the law.
The Committee noted with satisfaction that a number of recent reforms of cantonal constitutions had included provisions prohibiting discrimination; that the Convention formed an integral part of the Swiss legal system; that some of its provisions might be directly invoked before the courts; and that the Federal Court had referred to the provisions of the Convention on several occasions. The Committee expressed satisfaction at the establishment of a fund of 15 million Swiss francs aimed at financing projects to combat racism.
Among its concerns and recommendations, the Committee wished to emphasize that despite the federal structure of the State party, which might render more difficult the full application of the State's obligations under the Convention in all parts of its territory, the Federal Government had the responsibility of ensuring the implementation of the Convention on its entire territory and should ensure that cantonal authorities were aware of the rights set out in the Convention and should take the necessary measures in order to respect them.

Response of Denmark
In response to questions raised by Committee Experts yesterday afternoon, the members of the Danish delegation said that the Commission established on self-Government to Greenland was expected to complete its work and submit a report. The Commission would review and describe jurisdictional powers where Greenland Home Rule had taken over authority, and other areas in which the Danish State still had authority.
Asked about the reduction of funds to anti-discrimination organizations, the delegation said that the State was redistributing funds from different ministries to peacekeeping purposes at the Ministry of Defence. However, the Documentation and Advisory Centre on Racial Discrimination would keep its independence and would function in accordance with the Paris principles.
Denmark had been spending 1 per cent of its national domestic production on international cooperation, which was the highest among the European countries, the delegation said.
Asked about the lack of burial places for Muslims, the delegation said that the law allowed for the disposition of such religious issues. Recently a piece of land had been found that could serve the purpose of burial for the Muslims and once the cost of the land was covered, it could be handed over to the Islamic community. Concerning Mosques, it was wrong to say that there were none in the country; however, additional Mosques would be built when the appropriate land was found.
With regard to integration, the delegation said it was not the responsibility of the individual immigrant to see that he or she was integrated but it was the responsibility of the whole society. The Government had introduced bilingual education in schools to help immigrants and refugees in their efforts to integrate themselves in the society. In addition, the bill on integration was pending in parliament and the Government would implement its provisions once it was published as a law. So far, the integration policy of the Government took into account the situation of refugees and immigrants in housing and education.
Although the rate of unemployment had fallen in recent years, the rate of unemployment for people from developing countries had not changed, the delegation said. Language barriers and lack of professional training were among the main handicaps in recruiting people from developing countries. The recruitment of indigenous people and ethnic minorities had been improved in the whole country.
Asked about the amendment of the Aliens Act of May 2000, the delegation said that with the amendment, the statuary right to unification of spouses had been abolished for persons under 25 years of age. Following the amendment, the legal claim to family reunification had been revoked for people under 25. Under the amended Act, a residence permit based on marriage could not be granted in cases where at least one of the spouses was under 25 years, if the marriage had been entered into on the basis of an agreement concluded between persons other than the spouses. Since the Act entered into force on 3 June 2000, only 10 cases had been rejected while 1,700 cases had been approved.
PATRICIA NOZIPHO JANUARY-BARDILL, the Committee Expert who served as country rapporteur to the report of Denmark, welcomed the positive steps that the Danish Government had taken to implement the 1998 Integration Act and the subsequent review survey carried out by the Committee of Ministers. That review had revealed a number of successful measures in improving the rights of minority communities and refugees.
Referring to the reduction of funds to anti-discrimination organizations, Ms. January-Bardill said that those institutions were not a threat, on the contrary, they served to mainstream the positive image of Denmark as a country whose Government and people had always respected human rights. She also appreciated the measures taken by the Government to establish a commission to study the home rule situation of Greenland.



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