Welcome to the United Nations 
OHCHR 
Press releases Treaty bodies
Default title
13 March 2001
Share
CERD
58th session
13 March 2001
Morning
Issues Conclusions on Situation in Togo
in Absence of a Report
The Committee on the Elimination of Racial Discrimination this morning completed its public review of the ninth periodic report of Portugal on how that country complies with the provisions included in the International Convention on the Elimination of all Forms of Racial Discrimination.
Concerning the situation in Togo, which the Committee reviewed in the absence of a report from the country since 1981, the Experts regretted that Togo had for the third time not responded to their invitation to participate in the session and to furnish relevant information. The Committee suggested that Togo avail itself of the technical assistance offered by the Office of the High Commissioner for Human Rights, with the aim of drawing up and submitting a report to the Committee by January 2002.
A Government delegation from Portugal said Portuguese society was not racist. When Portuguese colonies earned their independence in 1975, the Portuguese Government approved a law maintaining Portuguese nationality for nationals of the colonies who wanted to keep it. It was thought that classifying Portuguese people at the time by race would not be proper, and that the non-white population would have felt undermined. The community sought to include all people without consideration to race or ethnic origin.
Answering questions posed by Committee Experts during Monday's meeting, the delegation, headed by Jose Leitao, Portugal's High Commissioner of Immigration and Ethnic Minorities, addressed a variety of issues, including the treatment of the Gypsy minority in the country, statistics about foreigners, and the treatment of refugees.
Speaking about an incident where a "terrorist association" pressured the Mayor of Vila Verde into ordering the demolition of Gypsy dwellings, the delegation said the criminals ended up in jail. The Mayor was not punished by the State, but he was subjected to a penalty -- during the next municipal elections, he lost. The new Mayor had incorporated Gypsies into the society.
There were no restrictions on foreigners' rights to access education and health care, the delegation said. Education and health were guaranteed to all. Anyone who entered a hospital was immediately cared for, and nobody asked where they came from. For housing, when a shanty town was removed, those evicted were moved to buildings constructed especially for them. If it was found that a person's situation was not regularized, that was dealt with individually, on a case-by-case basis.
Asked why people from Guinea-Bissau and Kosovo were singled out in the report, the delegation said that when the report was being drafted, conflicts in these areas were erupting. The return of citizens to their countries of origin was not compulsory. The refugees had the option of staying or going.
The delegation also explained that a tribunal that handled racist matters addressed cases that came before it, but there were very few cases so far. It was hoped that the number of racist incidents would not increase, but if they did, action would be taken.
Further, the delegation detailed various punishments and fines for those guilty of racial discrimination. Among the sanctions cited were losing the right to public subsidies and the right to public employment.
Committee Experts participating in the discussion were Régis de Gouttes, Mahmoud Aboul-Nasr, Mario Jorge Yutzis, Ion Diaconu et Patrick Thornberry.
As one of 157 States parties to the Convention, Portugal must submit reports to the Committee, and send a delegation to answer questions from the Committee's Experts.
The Experts will forward their conclusions and recommendations to the delegation toward the end of the Committee's three-week session, which concludes on 23 March.
The Committee had also been expected to examine the situation of implementation of the Convention in Jamaica in the absence of a report which was seriously overdue. Committee Chairman Michael Sherifis said that the Jamaican report had been submitted this morning. He said the review would be rescheduled for a later session. The Committee also discussed the upcoming World Conference against Racism.
The Committee will resume its meeting at 3 p.m. to begin consideration of the fifteenth and sixteenth periodic reports of Germany.
Discussion
Answering questions posed by Committee Experts during Monday's meeting, the delegation stated that following the independence of the Portuguese colonies in 1975, a law provided for nationals in the colonies to keep their Portuguese nationality. It was thought that classifying Portuguese people at the time by race would not be proper, and that the non-white population would have felt undermined. The community sought to include all people without consideration to race or ethnic origin. Statistics were not necessary to combat discrimination against a particular race, so long as there was a will to combat the racism. Portugal was not a racist society. It was a democratic society, and it recognized that there could be differing opinions.
Asked about the number of Gypsies in Portugal, the delegation said there were an estimated 40,000 Gypsies, although the Constitution did not allow a census based on race. There were 190,000 foreigners estimated at the time of the report, an increase of 25,000 who were added last year. Nearly 25,000 were expected this year.
Responding to a question about the statistical breakdown of foreign workers, the delegation said 44 per cent belonged to the machine operators and construction groups, which included many unskilled workers; 30 per cent fell into the category of artists and scientists, head of enterprises, and doctors; 15 per cent were administrative employees and service industry employees; 9.5 per cent were skilled workers; and some 5 per cent were specialized workers in agriculture and fisheries. The non-working population included students, housewives and pensioners, who accounted for 46 per cent of the total foreign population.
Questioned about foreigners' access to various Portuguese benefits, the delegation said there was no prohibition on foreigners on joining professional organizations, enrolling in universities, receiving vocational training or applying for credit. Credit was a private agreement, and a Portuguese national without the ability to repay a loan had a difficult time being extended credit, as would a foreigner in the same situation. Efforts were being made to enroll some unskilled foreigners in vocational training schemes. Unemployment in Portugal was only 3.5 per cent, which explained why so many foreigners came to Portugal. Efforts were being made to incorporate foreign workers into the labour market so they had the same footing as nationals.
Regarding access to education and health for foreigners, the delegation said access to these services was not subject to any discriminatory rule. Education and health were guaranteed to all. Anyone who entered a hospital was immediately cared for, and nobody asked where they came from. For housing, when a shanty town was removed, those evicted were moved to buildings constructed especially for them. If it were found that somebody's situation was not regularized, that was dealt with individually, on a case-by-case basis.
On the Gypsies, the delegation said the term "terrorist association" referred to racist militias and the crimes committed against the Gypsies ended up in jail terms for members of the militia. The Mayor of Vila Verde, who ordered the demolition of Gypsy dwellings, was not punished by the State. But the Mayor was subjected to a penalty -- during the next municipal elections, he was not elected. The new Mayor who was elected incorporated Gypsies into the society.
The judge, the delegation said, had looked at the situation and used five or six provisions of the criminal code: dangerous behaviour, terrorist associations, blocking access, and kidnapping. The court considered these aspects were more important than the racist aspects of the crime.
Gypsies, the delegation said, called themselves Gypsies. In 1995, a working group on Gypsies had been established, and in 1996 the group released a report addressing issues like worker training and necessary income. The Government had published books on Gypsies, and made media efforts to educate the public about them.
The delegation said the Convention and its reports were available and accessible to all. The texts were posted on various Government web sites. In 1998, there was the anniversary of the Human Rights Declaration. A lot had been published regarding that commemoration, and a special television programme on the issue had been aired.
Questioned about appeal to a tribunal on racist matters, the delegation said cases had come up, but there had been very few so far. It was hoped that racist incidents would not increase, but if there were incidents, action would be taken.
There were sanctions and fines to punish racial discrimination, the delegation said. Often, racial crimes were committed with other crimes. Some sanctions included no right to public subsidies and no right to public employment.
The delegation said racist crimes were covered by the criminal code, and it was not necessary to introduce further provisions. But there was a gap in protection in the civil code about the right not to be discriminated against. There was no administrative penalty.
Asked why people from Guinea-Bissau and Kosovo were singled out in the report, the delegation said that when the report was being drafted, conflicts in these regions were erupting. The return of citizens to their countries of origin was not compulsory. The refugees had the option of staying or going.
When a child was born of stateless parents, the delegation said the child would be considered Portuguese. There was a law that required residency of six months before being able to become a citizen. There had not been any collective expulsion of foreigners in Portugal.
Responding to a question about the Law on Refugees in 1998, the delegation said there were various levels of accepting or rejecting refugees seeking asylum. The procedure was not extremely long.
On ethnic minorities, the delegation said the Office of the High Commissioner of Immigration and Ethnic Minorities was set up in 1995. It handled matters of racism and discrimination.
MARIO JORGE YUTZIS, the Committee's Rapporteur on the report, said this had been a very positive dialogue. The delegation had answered every question and clarified all matters the Committee raised with them. Much had been discussed about a multi-cultural and homogenous society, the employment situation of foreigners, what constituted a minority, and the advances foreigners could make in Portuguese society. The Committee also had a clearer view of the vigilante groups that confronted the Gypsies now.
Conclusions on Situation in Togo
The Committee noted with regret that no report had been submitted to it by Togo since 1981. It regretted that Togo had for the third time not responded to its invitation to participate in the session and to furnish relevant information. The Committee noted that the Government of Togo had transmitted full responses to the questionnaire distributed by the High Commissioner for Human Rights and that it had benefitted in 1996 from a programme of technical assistance from the Office of the High Commissioner for Human Rights. The Committee suggested that the Government avail itself again of the technical assistance offered by the Office of the High Commissioner for Human Rights, with the aim of drawing up and submitting a report to the Committee by January 2002.
* *** *
58th session
13 March 2001
Morning
Issues Conclusions on Situation in Togo
in Absence of a Report
The Committee on the Elimination of Racial Discrimination this morning completed its public review of the ninth periodic report of Portugal on how that country complies with the provisions included in the International Convention on the Elimination of all Forms of Racial Discrimination.
Concerning the situation in Togo, which the Committee reviewed in the absence of a report from the country since 1981, the Experts regretted that Togo had for the third time not responded to their invitation to participate in the session and to furnish relevant information. The Committee suggested that Togo avail itself of the technical assistance offered by the Office of the High Commissioner for Human Rights, with the aim of drawing up and submitting a report to the Committee by January 2002.
A Government delegation from Portugal said Portuguese society was not racist. When Portuguese colonies earned their independence in 1975, the Portuguese Government approved a law maintaining Portuguese nationality for nationals of the colonies who wanted to keep it. It was thought that classifying Portuguese people at the time by race would not be proper, and that the non-white population would have felt undermined. The community sought to include all people without consideration to race or ethnic origin.
Answering questions posed by Committee Experts during Monday's meeting, the delegation, headed by Jose Leitao, Portugal's High Commissioner of Immigration and Ethnic Minorities, addressed a variety of issues, including the treatment of the Gypsy minority in the country, statistics about foreigners, and the treatment of refugees.
Speaking about an incident where a "terrorist association" pressured the Mayor of Vila Verde into ordering the demolition of Gypsy dwellings, the delegation said the criminals ended up in jail. The Mayor was not punished by the State, but he was subjected to a penalty -- during the next municipal elections, he lost. The new Mayor had incorporated Gypsies into the society.
There were no restrictions on foreigners' rights to access education and health care, the delegation said. Education and health were guaranteed to all. Anyone who entered a hospital was immediately cared for, and nobody asked where they came from. For housing, when a shanty town was removed, those evicted were moved to buildings constructed especially for them. If it was found that a person's situation was not regularized, that was dealt with individually, on a case-by-case basis.
Asked why people from Guinea-Bissau and Kosovo were singled out in the report, the delegation said that when the report was being drafted, conflicts in these areas were erupting. The return of citizens to their countries of origin was not compulsory. The refugees had the option of staying or going.
The delegation also explained that a tribunal that handled racist matters addressed cases that came before it, but there were very few cases so far. It was hoped that the number of racist incidents would not increase, but if they did, action would be taken.
Further, the delegation detailed various punishments and fines for those guilty of racial discrimination. Among the sanctions cited were losing the right to public subsidies and the right to public employment.
Committee Experts participating in the discussion were Régis de Gouttes, Mahmoud Aboul-Nasr, Mario Jorge Yutzis, Ion Diaconu et Patrick Thornberry.
As one of 157 States parties to the Convention, Portugal must submit reports to the Committee, and send a delegation to answer questions from the Committee's Experts.
The Experts will forward their conclusions and recommendations to the delegation toward the end of the Committee's three-week session, which concludes on 23 March.
The Committee had also been expected to examine the situation of implementation of the Convention in Jamaica in the absence of a report which was seriously overdue. Committee Chairman Michael Sherifis said that the Jamaican report had been submitted this morning. He said the review would be rescheduled for a later session. The Committee also discussed the upcoming World Conference against Racism.
The Committee will resume its meeting at 3 p.m. to begin consideration of the fifteenth and sixteenth periodic reports of Germany.
Discussion
Answering questions posed by Committee Experts during Monday's meeting, the delegation stated that following the independence of the Portuguese colonies in 1975, a law provided for nationals in the colonies to keep their Portuguese nationality. It was thought that classifying Portuguese people at the time by race would not be proper, and that the non-white population would have felt undermined. The community sought to include all people without consideration to race or ethnic origin. Statistics were not necessary to combat discrimination against a particular race, so long as there was a will to combat the racism. Portugal was not a racist society. It was a democratic society, and it recognized that there could be differing opinions.
Asked about the number of Gypsies in Portugal, the delegation said there were an estimated 40,000 Gypsies, although the Constitution did not allow a census based on race. There were 190,000 foreigners estimated at the time of the report, an increase of 25,000 who were added last year. Nearly 25,000 were expected this year.
Responding to a question about the statistical breakdown of foreign workers, the delegation said 44 per cent belonged to the machine operators and construction groups, which included many unskilled workers; 30 per cent fell into the category of artists and scientists, head of enterprises, and doctors; 15 per cent were administrative employees and service industry employees; 9.5 per cent were skilled workers; and some 5 per cent were specialized workers in agriculture and fisheries. The non-working population included students, housewives and pensioners, who accounted for 46 per cent of the total foreign population.
Questioned about foreigners' access to various Portuguese benefits, the delegation said there was no prohibition on foreigners on joining professional organizations, enrolling in universities, receiving vocational training or applying for credit. Credit was a private agreement, and a Portuguese national without the ability to repay a loan had a difficult time being extended credit, as would a foreigner in the same situation. Efforts were being made to enroll some unskilled foreigners in vocational training schemes. Unemployment in Portugal was only 3.5 per cent, which explained why so many foreigners came to Portugal. Efforts were being made to incorporate foreign workers into the labour market so they had the same footing as nationals.
Regarding access to education and health for foreigners, the delegation said access to these services was not subject to any discriminatory rule. Education and health were guaranteed to all. Anyone who entered a hospital was immediately cared for, and nobody asked where they came from. For housing, when a shanty town was removed, those evicted were moved to buildings constructed especially for them. If it were found that somebody's situation was not regularized, that was dealt with individually, on a case-by-case basis.
On the Gypsies, the delegation said the term "terrorist association" referred to racist militias and the crimes committed against the Gypsies ended up in jail terms for members of the militia. The Mayor of Vila Verde, who ordered the demolition of Gypsy dwellings, was not punished by the State. But the Mayor was subjected to a penalty -- during the next municipal elections, he was not elected. The new Mayor who was elected incorporated Gypsies into the society.
The judge, the delegation said, had looked at the situation and used five or six provisions of the criminal code: dangerous behaviour, terrorist associations, blocking access, and kidnapping. The court considered these aspects were more important than the racist aspects of the crime.
Gypsies, the delegation said, called themselves Gypsies. In 1995, a working group on Gypsies had been established, and in 1996 the group released a report addressing issues like worker training and necessary income. The Government had published books on Gypsies, and made media efforts to educate the public about them.
The delegation said the Convention and its reports were available and accessible to all. The texts were posted on various Government web sites. In 1998, there was the anniversary of the Human Rights Declaration. A lot had been published regarding that commemoration, and a special television programme on the issue had been aired.
Questioned about appeal to a tribunal on racist matters, the delegation said cases had come up, but there had been very few so far. It was hoped that racist incidents would not increase, but if there were incidents, action would be taken.
There were sanctions and fines to punish racial discrimination, the delegation said. Often, racial crimes were committed with other crimes. Some sanctions included no right to public subsidies and no right to public employment.
The delegation said racist crimes were covered by the criminal code, and it was not necessary to introduce further provisions. But there was a gap in protection in the civil code about the right not to be discriminated against. There was no administrative penalty.
Asked why people from Guinea-Bissau and Kosovo were singled out in the report, the delegation said that when the report was being drafted, conflicts in these regions were erupting. The return of citizens to their countries of origin was not compulsory. The refugees had the option of staying or going.
When a child was born of stateless parents, the delegation said the child would be considered Portuguese. There was a law that required residency of six months before being able to become a citizen. There had not been any collective expulsion of foreigners in Portugal.
Responding to a question about the Law on Refugees in 1998, the delegation said there were various levels of accepting or rejecting refugees seeking asylum. The procedure was not extremely long.
On ethnic minorities, the delegation said the Office of the High Commissioner of Immigration and Ethnic Minorities was set up in 1995. It handled matters of racism and discrimination.
MARIO JORGE YUTZIS, the Committee's Rapporteur on the report, said this had been a very positive dialogue. The delegation had answered every question and clarified all matters the Committee raised with them. Much had been discussed about a multi-cultural and homogenous society, the employment situation of foreigners, what constituted a minority, and the advances foreigners could make in Portuguese society. The Committee also had a clearer view of the vigilante groups that confronted the Gypsies now.
Conclusions on Situation in Togo
The Committee noted with regret that no report had been submitted to it by Togo since 1981. It regretted that Togo had for the third time not responded to its invitation to participate in the session and to furnish relevant information. The Committee noted that the Government of Togo had transmitted full responses to the questionnaire distributed by the High Commissioner for Human Rights and that it had benefitted in 1996 from a programme of technical assistance from the Office of the High Commissioner for Human Rights. The Committee suggested that the Government avail itself again of the technical assistance offered by the Office of the High Commissioner for Human Rights, with the aim of drawing up and submitting a report to the Committee by January 2002.
* *** *