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22 March 2001

CERD
58th session
22 March 2001
Morning





The Committee on the Elimination of Racial Discrimination this morning adopted its conclusions and recommendations on the reports of Georgia, Bangladesh and Greece. The reports detailed the countries' efforts to implement the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.

On Georgia, which sent a Government delegation to present its initial report on
15 and 16 March, the Committee noted with satisfaction that, notwithstanding the difficulties resulting from conflicts in Abkhazia and South Ossetia and the challenges linked to the period of political transition, Georgia had made important progress in the area of legislative reform. It noted with interest that Georgia had ratified a large number of international and regional human rights instruments.

Under concerns and recommendations, the Committee regretted the lack of information provided on measures for the effective implementation of the Convention which Georgia was expected to take. Further, the Committee regretted that although the report noted the condemnation of racial discrimination in all its forms by Georgia, racial segregation and apartheid were not expressly condemned as stipulated in the Convention.

About Bangladesh, which presented its seventh, eighth, ninth, tenth and eleventh reports on 19 and 20 March, the Committee appreciated the importance accorded by Bangladesh to the educational curriculum as a means to spread awareness of human rights among the population and, in particular, the emphasis given to the inclusion of human rights standards, as set out in the different United Nations Conventions.

Regarding concerns and recommendations on the reports, the Committee noted the lack of details in the report on the demographic composition of the population. The Committee reiterated its recommendation to Bangladesh to provide in its next report information on the composition of the population. In particular, the Committee wished to receive disaggregated information on the economic and social status of all ethnic, religious and tribal minorities, as well as their participation in public life.

Concerning Greece, which presented its twelfth, thirteenth, fourteenth and fifteenth reports on 16 and 19 March, the Committee welcomed the information provided in the reports and by the delegation concerning the extent to which courts and other tribunals and administrative authorities give direct effect to the provisions of international human rights instruments in their decisions, and the attention given by courts to the case law of international judicial or quasi-judicial bodies when interpreting human rights instruments.

Some members of the Committee expressed concern at Greece's characterisation of the "Muslim minority of Western Thrace," notwithstanding its historical and legal origins within the 1923 Treaty of Lausanne on the grounds of consistency with the Convention. The Committee affirmed that the question of recognition of minorities must take into account objective as well as subjective factors.

When the Committee reconvenes at 3 p.m., it will discuss the situation of the implementation of the Convention in Gambia and Sierra Leone. There will also be further discussions about the World Conference against Racism.


Conclusions and Recommendations on the Initial Report of Georgia

The Committee recognized that Georgia had been confronted with ethnic and political conflicts in Abkhazia and South Ossetia since independence. Due to the lack of governmental authority, Georgia had difficulty in exercising its jurisdiction with regard to the protection of human rights and the implementation of the Convention in those regions. In addition, the situation in South Ossetia and Abkhazia had resulted in discrimination against people of different ethnic origins, including a large number of internally displaced persons and refugees.

Cited as positive aspects, the Committee noted with satisfaction that, notwithstanding the difficulties resulting from conflicts in Abkhazia and South Ossetia and the challenges linked to the period of political transition, Georgia had made important progress in the area of legislative reform. It noted with interest that Georgia had ratified a large number of international and regional human rights instruments.

The Committee noted satisfaction that on ratification, the Convention, like other international instruments, became an integral part of Georgia's domestic legislation and could be invoked directly before the courts.

The Committee welcomed the establishment of various institutions for the promotion and protection of human rights, such as the Ombudsman and the Committee for Human Rights and Ethnic Relations. It noted with special interest the creation of the Committee on Civil Integration, which dealt specifically with minority concerns. In this connection, the Committee noted with interest the statement of the delegation during the dialogue, that the Committee on Civil Integration was developing a concept of civil integration in Georgia, which would include several laws concerning national minorities, such as language rights. The Committee equally welcomed the creation of human rights commissions in many local elective bodies.

Under concerns and recommendations, the Committee noted that the Constitution took into account the provisions of article 2 of the Convention. However, the Committee regretted the lack of information provided on measures for the effective implementation of the Convention which Georgia was expected to take. Further, the Committee regretted that although the report noted the condemnation of racial discrimination in all its forms by Georgia, racial segregation and apartheid were not expressly condemned as stipulated in the Convention.

While noting the information that the Constitution contained provisions to ensure the development and the protection of minorities and to guarantee their full and equal enjoyment of human rights and fundamental freedoms, the Committee expressed its concern at the failure of Parliament in 1994 to adopt a special law on national minorities. The Committee encouraged Georgia to continue to provide its utmost support to this process and adopt legislation on minorities.

The Committee expressed concern that the legislation currently in force in Georgia did not fully cover the requirements of article 4 of the Convention. The Committee was concerned about the absence of provisions explicitly banning the advocacy of national, racial and religious hatred that constitutes incitement to discrimination, as well as propaganda and organizations.

The Committee recommended that Georgia include in its next report statistics on cases where the relevant provisions of the Civil and Penal Code had been applied.

The Committee expressed its concern at the under-representation of ethnic minorities in Parliament. The Committee noted with concern the barriers to participation of minorities in political institutions.

The Committee noted the commitment undertaken by Georgia to repatriate Meskhetians who had been expelled from southern Georgia to the Central Asian Republics of the Soviet Union. The Committee recommended that Georgia take necessary measures to facilitate the return of Meskhetians and the acquisition of citizenship by them.

The Committee requested that Georgia provide, in its next periodic report, additional information on the role, responsibilities and achievements of national institutions.

The Committee took note of the absence of provisions with regard to stateless persons and encouraged Georgia to take appropriate measures to remedy this situation.

The Committee recommended that Georgia widely distribute its reports and the concluding observations to the public.

The Committee noted that Georgia had not made the declaration provided for in article 14 of the Convention, and it recommended that the possibility of making the declaration be considered.

The Committee recommended that Georgia ratify the amendments to article 8, paragraph 6 of the Convention.

Conclusions and Recommendations on the Seventh, Eighth, Ninth, Tenth and Eleventh Periodic Reports of Bangladesh

The Committee welcomed affirmative action programmes undertaken to ensure the enjoyment of the rights contained in article 5 of the Convention by the socially and economically disadvantaged groups, in particular the tribal population of the Chittagong Hill Tracts.

The Committee appreciated the signing of the 1997 Chittagong Hill Tracts Peace Accord, and the implementation of certain of its provisions.

The Committee appreciated the importance accorded by Bangladesh to the educational curriculum as a means to spread awareness of human rights among the population and, in particular, the emphasis given to the inclusion of human rights standards, as set out in the different UN Conventions.

Regarding concerns and recommendations, the Committee noted the lack of details in the report on the demographic composition of the population. The Committee reiterated its recommendation to Bangladesh to provide in its next report information on the composition of the population. In particular, the Committee wished to receive disaggregated information on the economic and social status of all ethnic, religious and tribal minorities, as well as their participation in public life.

The Committee noted the information given about the constitutional prohibition of racial discrimination, but was concerned that racial discrimination as such was not explicitly and adequately prohibited and penalised in criminal law. The Committee recommended that Bangladesh consider giving full effect to the provisions of article 4 of the Convention in its domestic legal order to ensure penalisation of acts of racial discrimination.

The Committee was concerned about reports of human rights violations by security forces present in the Chittagong Hill Tracts affecting the trial population, including reports of arbitrary arrests, detention, and ill-treatment. The Committee recommended that Bangladesh implement effective measures to guarantee to all Bangladeshis, without distinction based on race, colour, descent, or national or ethnic origin, the right to security of person and protection by Bangladesh against violence or bodily harm.

Notwithstanding certain positive developments, the Committee was concerned about the slow progress in implementing the Chittagong Hill Tracts Peace Accord. The Committee urged Bangladesh to intensify its efforts in this regard and recommended that Bangladesh provide in its next report details regarding the work of the Chittagong Hill Tracts Regional Council.

The Committee considered that the term "descent" did not solely refer to race or ethnic or national origin, and was of the view that the situation of castes fell within the scope of the Convention.

The Committee was concerned about the poor living conditions in the refugee camps for Rohingyas, and recommended that Bangladesh suitably address the situation pertaining to refugees.

The Committee requested that Bangladesh provide in its next report information on efforts made in the country to address the ethnic dimensions of migration and trafficking in persons.

The Committee encouraged Bangladesh to continue to take steps to strengthen awareness about human rights in general and the Convention in particular through education. It further recommended that Bangladesh undertake training in the provisions of the Convention in the training programmes of law enforcement officials.

The Committee requested that Bangladesh provide in subsequent reports information about jurisprudence relating specifically to violations of the Convention, including the accordance by courts of adequate reparation for such violations.

Bangladesh was also invited to provide in its next report further information on the steps towards establishing an independent National Human Rights Commission and an Office of the Ombudsman.

The Committee noted that Bangladesh had not made the declaration provided for in article 14 of the Convention, and the Committee recommended that the possibility of such a declaration be considered.

The Committee recommended that Bangladesh ratify the amendments to article 8, paragraph 6 of the Convention.

The Committee recommended that Bangladesh's reports be made readily available to the public from the time they were submitted and that the Committee's observations on them be similarly publicized.


Conclusions and Recommendations on the Twelfth, Thirteenth, Fourteenth and Fifteenth Reports of Greece

Listing positive aspects, the Committee was encouraged by the self-critical approach of Greece's reports, and by the commitment of Greece to the Convention.

The Committee noted that since the submission of its last report, Greece had ratified a range of international human rights instruments, and had signed -- although not yet ratified -- the Council of Europe Framework Convention for the Protection of National Minorities.

The Committee welcomed the information provided in the report and by the delegation concerning the extent to which courts and other tribunals and administrative authorities give direct effect to the provisions of international human rights instruments in their decisions, and the attention given by courts to the case law of international judicial or quasi-judicial bodies when interpreting human rights instruments.

The Committee welcomed the establishment of national machinery with responsibility for overseeing the implementation of human rights, and noted in particular the diverse and pluralistic structure of the national commission on human rights. The Committee also noted the important role of the National Radio and Television Council, the Code of Journalistic Ethics, and the draft Code of Ethics for Information and Other Journalistic and Political Programmes in preventing racial discrimination and racist and xenophobic behaviour and stereotyping in the mass media.

The Committee welcomed the measures taken by Greece to date aimed at promoting effective equality among individuals, with particular attention to Roma people, migrant workers, refugees and asylum seekers, and the minority populations in Western Thrace.

The Committee noted the information provided by Greece that members of minority groups participate in the political life of the country at the national and municipal levels.

The Committee welcomed the information provided by Greece concerning the implementation of educational programmes aimed at the teaching of the Greek language to students with a different mother tongue, and the training of teachers in the teaching of Greek as a second language.

The Committee welcomed the repeal in 1998 of Article 19 of the 1955 Citizenship Code, the effect of which was to allow the withdrawal of Greek citizenship from persons of non-Greek ethnic origin who left the country without an intention to return.

The Committee welcomed the information provided by Greece on the extent to which it had implemented General Recommendation XIII concerning training of law enforcement officials in the protection of human rights.

Writing about concerns and recommendations, the Committee encouraged Greece to take note of its General Recommendation VIII on the right of each person to self-identification. On the question of official recognition of minority status, some members of the Committee expressed concern at Greece's characterisation of the "Muslim minority of Western Thrace," notwithstanding its historical and legal origins within the 1923 Treaty of Lausanne on the grounds of consistency with the Convention. The Committee affirmed that the question of recognition of minorities must take into account objective as well as subjective factors.

The Committee encouraged Greece to build upon its educational programmes at all levels in order to counter negative stereotypes and promote the objectives of human rights and tolerance.

The Committee encouraged Greece to pursue further its dialogue with representatives of the Roma, Pomak, Albanian and other linguistic minority populations, with a view to expanding as necessary the available range of multi-lingual educational programmes and policies.

The Committee recommended that Greece explore and implement appropriate remedies, including the possibility of reinstatement of citizenship, for the benefit of persons who had lost their citizenship in the past.

The Committee recommended that the next periodic report provide comprehensive demographic data disaggregated by race, colour, descent, national or ethnic origin different from the majority or from other groups in the population.

The Committee recommended that Greece take further measures to increase the awareness of the principles by law enforcement officials.

The Committee recommended that the Convention, Greece's report and these concluding observations be widely disseminated by Greece, including among minority populations.

The Committee welcomed the stated intention of Greece to make a declaration as soon as possible under article 14 of the Convention.

The Committee recommended that Greece should ratify the amendments to article 8, paragraph 6 of the Convention.


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