COMMITTEE ON ELIMINATION OF RACIALDISCRIMINATION CONCLUDES REVIEWOF REPORT OF IRAN

AFTERNOON


HR/CERD/99/39
5 August 1999




Starts Consideration of Report of Mauritania


The Committee on the Elimination of Racial Discrimination this afternoon concluded consideration of a report presented by the Government of Iran on how that country was implementing the Convention on the Elimination of All Forms of Racial Discrimination.

Theodoor van Boven, the Committee Expert who served as country rapporteur for the Iranian document, remarked that article 1 of the Convention, which deals with definitions of racial or ethnic groups, had been interpreted in a limited way by Iran and so had not been implemented. He said it was necessary for the Committee to provide States parties with a clear interpretation of the article to assist them in understanding it and putting it into effect.

The Committee will issue formal observations and recommendations on the report of Iran towards the end of its four-week session, which concludes on 27 August.

Also this afternoon, the Committee began consideration of a report of Mauritania, hearing an introduction by the country's Minister of Justice.

Mohamed Salem Ould Merzoug said that since the promulgation of the Mauritanian Constitution of 20 July 1991, which re-established fundamental freedoms and instituted multi-party democracy, public authorities had stepped up efforts to strengthen human rights by revising or adjusting various laws and codes.

Regis de Gouttes, the Committee Expert who served as country rapporteur for the report of Mauritania, welcomed the establishment, in 1998, of the office of a national Commissioner for Human Rights, Poverty Alleviation and Social Integration. However, he said that precise information on the function, membership and mandate of that important institution had not been provided.

The Mauritanian delegation also included Sidney Sokhona, Adviser to the President of the Republic; Mahmed Saleck Ould Mohamed Lemine, Permanent Representative of Mauritania to the United Nations Office at Geneva; Bamariam Koita, Director of Human Rights Promotion of Mauritania; and Mohamed Abdellahi Ould Babana, Magistrate of the Supreme Court of Mauritania.

Other Experts taking part in the discussion were Mahmoud Aboul-Nasr, Luis Valencia Rodriguez, Deci Zou, Ion Diaconu, Carlos Lechuga Hevia, Michael F. Sherifis, Michael P. Banton and Mario Jorge Yutsis.

Iran and Mauritania are among 155 States parties to the Convention. Having ratified the international treaty, they are obliged to submit periodic reports to the Committee on measures taken to implement it.

When the Committee reconvenes at 10 a.m. Friday, 6 August, it will continue its consideration of the report of Mauritania.

Discussion of Iranian Report

THEODOOR VAN BOVEN, the Committee expert who served as country rapporteur for the report of Iran, said the document was dense and informative and had attracted the interest of the members of the Committee. He appreciated the efforts made by the Government of Iran to implement the provisions of the Convention through administrative and legislative means.

However, Mr. van Boven remarked, some States, including Iran, had a tendency to interpret the provisions of the Convention in a limited way. Article 1 of the Convention, which dealt with racial or ethnic groups, had not been interpreted and implemented properly by Iran. In addition, he said, the Committee itself should provide a clear interpretation of article 1 to assist States parties in putting the treaty into effect.

Mr. van Boven asked Iran to send written responses to a number of unanswered questions put by members of the Committee -- it would be a way to continue the dialogue. He said that the Committee would also provide its suggestions and recommendations as part of its dialogue with Iran.

Report of Mauritania

The fifth periodic report of Mauritania (document CERD/C/330/Add.1) notes that the country's Constitution gives human rights Constitutional status by providing that "liberty, equality and the dignity of man can be assured only in a society which respects the rule of law". Mauritania has always condemned the policy of racial segregation and of apartheid as formerly practised by South Africa, the document states.

The report contends that integration and harmony among the country's various socio-cultural communities have never suffered from racial discrimination. All communities are united not only by extensive cross-marriage, but also by unifying religious links arising from the fact that they all belong to the Muslim religion, which prohibits racial discrimination and advocates equality. However, sometimes the social relationships inherent in conventional tribal traditions and in the traditional stratification of society according to the principal activities of those composing it, have given rise to anachronic manifestations, according to the report.

The report states that Mauritania reiterates its commitment to take all necessary steps to implement the Convention, whose principles and ideals are wholly in conformity with the teachings of Islam. It adds that the Government will continue to combat ignorance, poverty and exclusion, which it terms the real obstacles to the disappearance of all forms of prejudice.

Introduction of Mauritanian Report

MOHAMED SALEM OULD MERZOUG, Minister of Justice of Mauritania, recalled that his country had actively participated in the elaboration of the Convention on the Elimination of All Forms of Racial Discrimination. The submission of the current report, however, had been delayed by the process which had taken place in the country to put into effect new institutions aimed at transforming the nation's political and economic structure. He said the report had taken into consideration the significant administrative, legislative and judicial measures taken by the Government to implement the Convention.

Today, the democratization process of Mauritanian public life at all levels had guaranteed to all citizens their fundamental freedoms, thanks to their representation through universal suffrage, the Justice Minister said. The 1991 Constitution had provided for the promotion of such rights in the country and for their further development, in the context of a state of law. Furthermore, the Constitution, which formed the juridical and social basis of the nation, also integrated the provisions of the Convention. That meant the Convention could be directly invoked by citizens before the courts.

Mr. Ould Merzoug said Mauritania's democratic system guaranteed all universally recognized rights, among them the right to equality before the law; the right to property; trade-union rights; economic, social and cultural rights; the right to movement; and the rights to freedom of opinion and association. Article 1 of the Constitution had affirmed that "the Republic guarantees to all citizens without distinction to origin, race, sex or social conditions, equality before the law".

Stressing the need for poverty eradication, Mr. Ould Merzoug said that all economic-development programmes were oriented towards combating poverty and towards implementation of an anti-poverty strategy formulated by the Government in 1994. In addition, the process of normalization was reflected in the emergence of several national human-rights structures, culminating in the establishment in 1998 of the office of the Commissioner for Human Rights, Poverty Alleviation and Social Integration.

Mr. Ould Merzoug said that since the promulgation of the Constitution of 20 July 1991, which re-established fundamental freedoms and instituted multi-party democracy, the public authorities had stepped up efforts to strengthen the framework for the enjoyment of human rights by revising or adjusting various laws and codes.


Discussion

REGIS DE GOUTTES, the Committee expert who served as country rapporteur for the report of Mauritania, expressed satisfaction at the Government's commitment to taking all necessary measures to implement the Convention.

Referring to the content of the report, Mr. de Gouttes said the measures taken by the Government to eradicate and to prevent racial discrimination, which the Committee wished to see, were not mentioned. He said that in the report it was claimed that integration and harmony among the country's various socio-cultural communities had never suffered from racial discrimination. He said it would have been helpful if the report had described the measures adopted to strengthen the fight against discrimination.

Mr. de Gouttes said most of the information contained in the report was of interest to the Committee, although some of the statements made appeared to lack sufficient explanation. The affirmation that the provisions of the Convention could be directly invoked by citizens before national jurisdictions was not substantiated by practical examples of cases before the courts involving racial discrimination, he said.

Mr. de Gouttes welcomed the establishment in 1998 of the office of the Commissioner for Human Rights, Poverty Alleviation and Social Integration. However, he said, precise information on the function, membership and mandate of that important institution was not provided.

Focusing on the issue of slavery, Mr. de Gouttes said the report was discrete and silent on one of the most delicate problems of Mauritanian society: the survival of certain forms of traditional slavery. It was understood from the report that Mauritania had no institutionalized system of slavery. However, the fact that the survival of certain forms of slavery by the Arab-Berbers against the African population had been condemned by a number of non-governmental organizations suggested that slavery still existed in Mauritania. The Government itself had adopted a law in 1981 to bring an end to the practice of slavery, he said.

Other Committee members also expressed appreciation for the report, which they said contained much useful information. However, some Experts said the document was abstract in character. Questions were asked, among other things, on the demographic composition of the population according to ethnic origin; the situation of blacks and their apparent lack of representation in higher public service; and the dissemination of the Convention in all languages spoken in the country.