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09 August 2000
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CERD
57th session
9 August 2000
Morning
Adopts Concluding Observations and Recommendations on Report of Finland
The Committee on the Elimination of Racial Discrimination this morning concluded its consideration of a fourteenth periodic report presented by the Government of the Netherlands on its efforts to fight racial bias.
In its response to the Committee's questions, the delegation of the Netherlands said, among other things, that dismissals on ground of race or ethnic origin were forbidden in labour conditions and the position of members of ethnic minorities in case of dismissal was protected by the Equal Treatment Act.
Brun-Otto Bryde, the Committee expert who served as country rapporteur to the report to the Netherlands, said that although the Netherlands Antilles and Aruba were autonomous territories and continued to submit periodic reports, it was still the Netherlands which had the obligation to see that measures taken by them were in compliance with the International Convention on the Elimination of All Forms of Racial Discrimination.
The Committee will issue its formal, written conclusions on the report of the Netherlands towards the end of its current four-week session, which will conclude on 25 August.
A 10-member Dutch delegation was on hand to discuss the report of the Netherlands and to answer questions raised by the 18 members of the Committee which monitors the implementation of the provisions of the treaty.
The Netherlands is among the 156 States parties to the Convention and as such it must submit summaries of its efforts in fulfilling its obligations under the treaty.
Also this morning, the Committee adopted its final conclusions and recommendations on the report of Finland which was considered earlier in the session. Among other things, the Committee expressed concern at the absence of a law prohibiting and punishing organizations which promoted and incited racial discrimination; and it urged that the ongoing efforts be pursued towards the adequate resolution of the land dispute with the Sami people.
When the Committee reconvenes at 3 p.m., it will take up the fourteenth periodic report of Nepal (document CERD/C/337/Add.4).
Concluding Observations and Recommendations on Finland's Report
Among the positive aspects in the report of Finland, the Committee noted the legislative measures adopted by the Government with the view to combat racial discrimination, including the new Constitution, the new Act on the Integration of Immigrants and Reception of Asylum Seekers and the Personal Act, among others; it welcomed the efforts made by Finland to establish an institutionalized system for the protection against racial discrimination and the promotion of rights of minorities, mainly Sami and Roma; and it noted that anti-discrimination projects had been implemented also at regional and local levels.
The Committee noted with concern the lack of a uniform terminology on discrimination in different Finnish laws; it reiterated its concern at the absence of a law prohibiting and punishing organizations which promoted and incited racial discrimination and of a provision in the Penal Code declaring any dissemination of ideas based on racial superiority or hatred punishable by law; it was also concerned about the fact that Roma continued to be subjected to discrimination and confronted with difficulties in the fields of housing, education and employment; and it expressed concern about reports that Roma were sometimes denied access and service in public places such as restaurants.
Further, the Committee reiterated its regret that the question of land ownership of the Sami had not been resolved yet and that Finland had not acceded to ILO Convention 169 concerning indigenous and tribal peoples in independent countries; it expressed its concern that in some cases the new accelerated procedure in the revised Aliens' Act would result in the repatriation of an asylum-seeker while his or her appeal was still pending; it was concerned about the fact that in respect to racially motivated crimes, the police did not always intervene or its action was not always appropriate and that prosecutors hesitated to initiate criminal proceedings; it noted with concern that immigrants, refugees and minorities, in particular Roma, had higher rates of unemployment; and it voiced its concern at the increased number of racist acts.
The Committee recommended, among other things, that anti-discriminatory legislation be adopted to better combat acts of racism; that Finland consider adopting provisions for increasing sentences for racially motivated crimes, in particular racial violence; that additional measures be taken at national and municipal levels to improve the situation of the Roma minority; that Finland pursue its ongoing efforts, together with the Sami people, towards the adequate resolution of the land dispute; that all available measures be taken to guarantee the legal safeguards of asylum-seekers; and that all necessary measures be taken to alleviate the situation of immigrants , refugees and minorities at national and municipal levels, especially with respect of housing, employment and education.
Response of the Netherlands
The members of the Dutch delegation responded to a series of queries put by the Committee's experts during the previous meeting. The delegation said that turnout among ethnic minorities during municipal elections had dropped from 42 per cent in 1994 to 32 per cent in 1998. The drop had not affected the turnout of the total population because of the absence of any obligation to vote.
As a result of the 1998 national elections, the extreme right political parties in the Netherlands had been voted out of the parliament and municipal councils, the delegation said. In addition, the act on subsidizing political parties which entered into force last year excluded political parties whose leaders had been sentenced on racist acts from Government grants and broadcasting time on public television. That measure could be seen as a democratic way of fighting racist parties.
The Moluccans were considered to be an integrated group and were not targeted by the Government's policy of special attention, the delegation said. But Surinamese, Antillians, Arubans, Turks, Moroccans and refugees had special attention because of their socio-economic positions while the socio-economic position of Moluccans did not call for special attention. However, the political situation of the Moluccans gave reason for regular meetings between representatives of the Moloccan community and Government officials.
The Netherlands had only a very small population of Roma -- caravan dwellers, the delegation said. Municipalities were responsible for the needs of the Roma dwellers in the places where they stayed; and facilities of electricity, gas, water and sewage were controlled by the municipalities in accordance with their housing regulations.
Several Committee experts expressed concern about the subject of segregation in housing allocation to which the delegation affirmed that the Dutch housing policy was built on the perception that people had the freedom to move and were free to live wherever they wished to. However, because of their low incomes, ethnic minorities more than the rest of the population had to live in neighbourhoods with low rents often situated in the older parts of cities.
Some recent research had shown that there existed a higher outflow of police members of ethnic minorities than of other parts of the population due to lingual, cultural and other problems, the delegation said.
Until recently, instances of alleged discrimination were registered manually and were not computerized, the delegation said. For that reason, registration was in many respects incomplete and unreliable; however, racism monitoring had already started and it provided information on the occurrence of racist incidents in the country. In addition, governmental and non-governmental bodies involved in combatting racism were making efforts to improve their registration by computerizing the information available to them.
The Dutch Government considered the fight against racism on the Internet of utmost important and it subsidized the complaints bureau for discrimination on the Internet, the officials said. The number of complaints received by the bureau had grown in recent years because of the increase in the number of racist web sites. A conference on racism on the Internet would be held in October at the European level to seek means in fighting that phenomenon.
The concerns expressed by members of the Committee with regard to the phenomenon of segregation in education were understandable, the delegation said. The role of education in constructing and maintaining a truly multicultural and tolerant society was of paramount importance. All schools were open to all pupils and offered the same quality of education; and parents and pupils were free to choose any school they preferred.
Dismissals on grounds of race or ethnic origin were forbidden in labour conditions and the position of ethnic minorities in case of dismissal was protected by the Equal Treatment Act, the delegation said.
The privatization process of the Women and Minorities Employment Bureau was spread over a couple of years in which the financial contribution of the Government was cut down little by little, the delegation said. However, the process of privatization was not successful. The Government had tried to put new incentives into the process but after a year, it had had to conclude with great regret that the Bureau had lost its vitality.
Responding to a question on the effect of the Aliens Employment Act policy with respect to the immigration of foreigners for the purpose of entering the Dutch labour market, the delegation said that employment permits were required, and they should be applied for by the employer. The criteria for entry into the Dutch labour market was related to nationality and residence status, and not to ethnicity or national origin; and there were no indications that its practical application was discriminatory.
Concerning the employment situation in Aruba, the delegation said that in recent years there had been a dramatic rise in its population due to massive immigration. In order to stem the flow of migration and protect the local labour market, the Government had ceased to issue new permits. Working and residence permits for foreigners were extended only if no qualified people were available locally.
BRUN-OTTO BRYDE, the Committee expert who served as country rapporteur to the report of the Netherlands, said that internationally the Netherlands was responsible for the implementation of the provisions of the Convention. Although the Netherlands Antilles and Aruba were autonomous territories and continued to submit periodic reports, it was still the Netherlands which had the obligation to see that measures taken by them were in compliance with the treaty. He thanked the members of the delegation for their fruitful dialogue.
* *** *
57th session
9 August 2000
Morning
Adopts Concluding Observations and Recommendations on Report of Finland
The Committee on the Elimination of Racial Discrimination this morning concluded its consideration of a fourteenth periodic report presented by the Government of the Netherlands on its efforts to fight racial bias.
In its response to the Committee's questions, the delegation of the Netherlands said, among other things, that dismissals on ground of race or ethnic origin were forbidden in labour conditions and the position of members of ethnic minorities in case of dismissal was protected by the Equal Treatment Act.
Brun-Otto Bryde, the Committee expert who served as country rapporteur to the report to the Netherlands, said that although the Netherlands Antilles and Aruba were autonomous territories and continued to submit periodic reports, it was still the Netherlands which had the obligation to see that measures taken by them were in compliance with the International Convention on the Elimination of All Forms of Racial Discrimination.
The Committee will issue its formal, written conclusions on the report of the Netherlands towards the end of its current four-week session, which will conclude on 25 August.
A 10-member Dutch delegation was on hand to discuss the report of the Netherlands and to answer questions raised by the 18 members of the Committee which monitors the implementation of the provisions of the treaty.
The Netherlands is among the 156 States parties to the Convention and as such it must submit summaries of its efforts in fulfilling its obligations under the treaty.
Also this morning, the Committee adopted its final conclusions and recommendations on the report of Finland which was considered earlier in the session. Among other things, the Committee expressed concern at the absence of a law prohibiting and punishing organizations which promoted and incited racial discrimination; and it urged that the ongoing efforts be pursued towards the adequate resolution of the land dispute with the Sami people.
When the Committee reconvenes at 3 p.m., it will take up the fourteenth periodic report of Nepal (document CERD/C/337/Add.4).
Concluding Observations and Recommendations on Finland's Report
Among the positive aspects in the report of Finland, the Committee noted the legislative measures adopted by the Government with the view to combat racial discrimination, including the new Constitution, the new Act on the Integration of Immigrants and Reception of Asylum Seekers and the Personal Act, among others; it welcomed the efforts made by Finland to establish an institutionalized system for the protection against racial discrimination and the promotion of rights of minorities, mainly Sami and Roma; and it noted that anti-discrimination projects had been implemented also at regional and local levels.
The Committee noted with concern the lack of a uniform terminology on discrimination in different Finnish laws; it reiterated its concern at the absence of a law prohibiting and punishing organizations which promoted and incited racial discrimination and of a provision in the Penal Code declaring any dissemination of ideas based on racial superiority or hatred punishable by law; it was also concerned about the fact that Roma continued to be subjected to discrimination and confronted with difficulties in the fields of housing, education and employment; and it expressed concern about reports that Roma were sometimes denied access and service in public places such as restaurants.
Further, the Committee reiterated its regret that the question of land ownership of the Sami had not been resolved yet and that Finland had not acceded to ILO Convention 169 concerning indigenous and tribal peoples in independent countries; it expressed its concern that in some cases the new accelerated procedure in the revised Aliens' Act would result in the repatriation of an asylum-seeker while his or her appeal was still pending; it was concerned about the fact that in respect to racially motivated crimes, the police did not always intervene or its action was not always appropriate and that prosecutors hesitated to initiate criminal proceedings; it noted with concern that immigrants, refugees and minorities, in particular Roma, had higher rates of unemployment; and it voiced its concern at the increased number of racist acts.
The Committee recommended, among other things, that anti-discriminatory legislation be adopted to better combat acts of racism; that Finland consider adopting provisions for increasing sentences for racially motivated crimes, in particular racial violence; that additional measures be taken at national and municipal levels to improve the situation of the Roma minority; that Finland pursue its ongoing efforts, together with the Sami people, towards the adequate resolution of the land dispute; that all available measures be taken to guarantee the legal safeguards of asylum-seekers; and that all necessary measures be taken to alleviate the situation of immigrants , refugees and minorities at national and municipal levels, especially with respect of housing, employment and education.
Response of the Netherlands
The members of the Dutch delegation responded to a series of queries put by the Committee's experts during the previous meeting. The delegation said that turnout among ethnic minorities during municipal elections had dropped from 42 per cent in 1994 to 32 per cent in 1998. The drop had not affected the turnout of the total population because of the absence of any obligation to vote.
As a result of the 1998 national elections, the extreme right political parties in the Netherlands had been voted out of the parliament and municipal councils, the delegation said. In addition, the act on subsidizing political parties which entered into force last year excluded political parties whose leaders had been sentenced on racist acts from Government grants and broadcasting time on public television. That measure could be seen as a democratic way of fighting racist parties.
The Moluccans were considered to be an integrated group and were not targeted by the Government's policy of special attention, the delegation said. But Surinamese, Antillians, Arubans, Turks, Moroccans and refugees had special attention because of their socio-economic positions while the socio-economic position of Moluccans did not call for special attention. However, the political situation of the Moluccans gave reason for regular meetings between representatives of the Moloccan community and Government officials.
The Netherlands had only a very small population of Roma -- caravan dwellers, the delegation said. Municipalities were responsible for the needs of the Roma dwellers in the places where they stayed; and facilities of electricity, gas, water and sewage were controlled by the municipalities in accordance with their housing regulations.
Several Committee experts expressed concern about the subject of segregation in housing allocation to which the delegation affirmed that the Dutch housing policy was built on the perception that people had the freedom to move and were free to live wherever they wished to. However, because of their low incomes, ethnic minorities more than the rest of the population had to live in neighbourhoods with low rents often situated in the older parts of cities.
Some recent research had shown that there existed a higher outflow of police members of ethnic minorities than of other parts of the population due to lingual, cultural and other problems, the delegation said.
Until recently, instances of alleged discrimination were registered manually and were not computerized, the delegation said. For that reason, registration was in many respects incomplete and unreliable; however, racism monitoring had already started and it provided information on the occurrence of racist incidents in the country. In addition, governmental and non-governmental bodies involved in combatting racism were making efforts to improve their registration by computerizing the information available to them.
The Dutch Government considered the fight against racism on the Internet of utmost important and it subsidized the complaints bureau for discrimination on the Internet, the officials said. The number of complaints received by the bureau had grown in recent years because of the increase in the number of racist web sites. A conference on racism on the Internet would be held in October at the European level to seek means in fighting that phenomenon.
The concerns expressed by members of the Committee with regard to the phenomenon of segregation in education were understandable, the delegation said. The role of education in constructing and maintaining a truly multicultural and tolerant society was of paramount importance. All schools were open to all pupils and offered the same quality of education; and parents and pupils were free to choose any school they preferred.
Dismissals on grounds of race or ethnic origin were forbidden in labour conditions and the position of ethnic minorities in case of dismissal was protected by the Equal Treatment Act, the delegation said.
The privatization process of the Women and Minorities Employment Bureau was spread over a couple of years in which the financial contribution of the Government was cut down little by little, the delegation said. However, the process of privatization was not successful. The Government had tried to put new incentives into the process but after a year, it had had to conclude with great regret that the Bureau had lost its vitality.
Responding to a question on the effect of the Aliens Employment Act policy with respect to the immigration of foreigners for the purpose of entering the Dutch labour market, the delegation said that employment permits were required, and they should be applied for by the employer. The criteria for entry into the Dutch labour market was related to nationality and residence status, and not to ethnicity or national origin; and there were no indications that its practical application was discriminatory.
Concerning the employment situation in Aruba, the delegation said that in recent years there had been a dramatic rise in its population due to massive immigration. In order to stem the flow of migration and protect the local labour market, the Government had ceased to issue new permits. Working and residence permits for foreigners were extended only if no qualified people were available locally.
BRUN-OTTO BRYDE, the Committee expert who served as country rapporteur to the report of the Netherlands, said that internationally the Netherlands was responsible for the implementation of the provisions of the Convention. Although the Netherlands Antilles and Aruba were autonomous territories and continued to submit periodic reports, it was still the Netherlands which had the obligation to see that measures taken by them were in compliance with the treaty. He thanked the members of the delegation for their fruitful dialogue.
* *** *