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19 March 2001

CERD
58th session
19 March 2001
Afternoon





Opens Review of Reports of Bangladesh



The Committee on the Elimination of Racial Discrimination this afternoon offered its conclusions and recommendations on the report of Argentina which it reviewed earlier in its session. The Committee also began its consideration of the seventh, eighth, ninth, tenth and eleventh reports of Bangladesh on how that country was complying with the mandates and provisions enshrined in the International Convention on the Elimination of all Forms of Racial Discrimination.

On Argentina, which had presented its fifteenth periodic report to the Experts, the Committee welcomed the measures taken to strengthen the National Institute to Combat Discrimination, Xenophobia and Racism (INADI). It also welcomed the activities of the Institute, such as organizing training seminars for primary and secondary schoolteachers to embrace pluralism, training courses for law enforcement officials, publicity campaigns in the media and the establishment of a mechanism to receive complaints and take action thereon by mediating and intervening in the courts.

Listing subjects of concern and recommendations, the Committee noted the absence of detailed information concerning the representation of indigenous peoples in the civil service at the federal and provincial level, in the police and judicial systems and in Congress. The Committee reiterated its request to Argentina to include in its next periodic report detailed information on the above-mentioned aspects.


A Government delegation from Bangladesh, which presented the country’s reports, told the Committee that Bangladesh's geography and history had made it home to peoples of diverse origins. The eclectic Bengali culture of today had evolved following periodic waves of immigration. However, race itself as an issue did not impinge on the social outlook of the Bangladeshi people.

M. Abdul Mannan, the Ambassador and Permanent Representative of Bangladesh to the United Nations Office at Geneva, said that in 1971, the people of Bangladesh had fought a war of liberation against the then-existing economic, social, cultural and political inequality. Large scale and systematic genocide and rape were committed on Bengali people by the ruling clique of the time, primarily on the basis of race and religion. The Bangladesh Constitution of 1972 was therefore based on the ideals for which the people of Bangladesh had fought this war. Naturally, the writers of the Constitution had put utmost stress on provisions which guaranteed fundamental rights and freedoms to every citizen without distinctions as to race, religion, gender or place of birth. They had also liberally drawn upon the provisions of the Charter of the United Nations and the Universal Declaration of Human Rights.

Mr. Abdul Mannan said the Constitution of the People's Republic of Bangladesh prohibited any discrimination on grounds of religion, race and place of birth. It further provided that no citizen shall, on grounds of religion, race, caste, gender or place of birth, be subjected to any disability in the enjoyment of complete civil and political rights. Further, the Government of Bangladesh pursued a policy of affirmative action in favour of the disadvantaged sections of its citizenry.

Ismat Jahan, a Minister at the Mission of Bangladesh to the United Nations Office at Geneva, joined Mr. Mannan on the delegation.

Committee Experts asking questions to the delegation were Raghavan Vasudevan Pillai, the Rapporteur on the reports; Luis Valencia Rodriguez; Marc Bossuyt; Patrick Thornberry, Tang Chengyuan; Regis De Gouttes; Patricia Nozipho January-Bardill; Ion Diaconu; and Mahmoud Aboul-Nasr.

The Committee will resume its meeting at 10 a.m. on Tuesday, 20 March, to conclude its public review of the reports of Bangladesh.


Conclusions and Recommendations on the Fifteenth Report of Argentina

Citing positive aspects, the Committee welcomed the measures taken by Argentina to strengthen the National Institute to Combat Discrimination, Xenophobia and Racism (INADI). It also welcomed the activities of the Institute, such as organizing training seminars for primary and secondary schoolteachers to embrace pluralism, training courses for law enforcement officials, publicity campaigns in the media and the establishment of a mechanism to receive complaints and take action thereon by mediating and intervening in the courts.

The Committee welcomed with satisfaction the measures designed to give greater autonomy to the National Institute of Indigenous Affairs, to build its capacity and to elaborate a national plan for indigenous peoples. It took note with interest of the progress made thus far by the Institute in the context of the programme to transfer estate land to the indigenous communities that had traditionally occupied it.
The Committee welcomed Argentina's recent ratification of the Convention concerning Indigenous and Tribal Peoples in Independent Countries (ILO Convention No. 169).

The Committee noted that an updated national census which would take into account information on membership of indigenous groups was pending.

Listed under concerns and recommendations, the Committee noted the absence in the periodic report of detailed information concerning the representation of indigenous peoples in the civil service at the federal and provincial level, in the police and judicial systems and in Congress. The Committee reiterated its request to the State party to include in its next periodic report detailed information on the above-mentioned aspects.

The Committee noted with concern the State party's statement that the territories where indigenous peoples had settled coincide with the areas with the highest index of unmet basic needs, and that the poverty and unemployment indices among indigenous populations and other vulnerable groups had risen as a result of the economic crisis. The Committee recommended that the State party take steps to alleviate this situation and that it should keep the Committee informed thereon.

The Committee noted with concern that, although progress had been made to consult with indigenous peoples to participate in decisions which affected them with a view to securing their agreements, there were still situations where consultation and participation did not occur. The Committee recommended that the State party find ways and means to facilitate such participation.

The Committee noted with concern the difficulties that arose in some cases of transferring estate land to indigenous peoples due, primarily, to the existence of individual title deeds and to the conflict of jurisdiction between national and provincial governments. The Committee recalled the relevant provisions of its General Recommendations XXIII and recommended that steps be taken to overcome these difficulties.

The Committee noted with concern the lack of a social security system which took into account the specific needs of indigenous peoples and recommended that steps should be taken in that regard.

The Committee was concerned by the existence of xenophobic attitudes towards immigrants primarily from neighbouring countries, asylum-seekers and persons of African descent. These attitudes, which were manifested even in the media, seemed to have increased as a result of the present economic crisis and had given rise, on occasion, to violent incidents. The Committee recommended that the State party monitor such attitudes and incidents closely and that it take appropriate steps to deal with them.

The Committee noted with concern the difficulties that immigrants, primarily those from neighbouring countries, had in meeting the cost of obtaining residence papers, and the lengthy and excessive bureaucratic immigration procedures. It recommended that the State party should take steps to deal with this by offering advice free of charge. The Committee recommended, in particular, that the immigration bill currently under discussion should include provisions to deal with these problems.


The Committee regretted the slow pace of the proceedings relating to the 1992 and 1994 anti-Semitic attacks, although it noted that progress had been made, and it called for these proceedings to be completed as soon as possible.

The Committee noted with concern that there had been reports throughout the country of police brutality committed on a variety of pretexts on grounds of race, colour or ethnic origin; it therefore recommended that, in the courses and seminars organized to provide human rights education for members of the police, armed forces, immigration and prison officials, particular attention should be given to the dissemination and implementation of the Convention.

The Committee noted that INADI was experiencing difficulties in covering the entire national territory with regard to receiving and handling complaints of racial discrimination, and recommended that steps should be taken to address this situation.

The Committee requested the State party to include in its next report statistical information regarding legal actions carried out in Argentina against acts of racism. It also requested information regarding the conclusions of the Ministry of Justice commission responsible for adapting domestic laws to international instruments as regards the Convention.

The Committee recommended that the reports of the State party should be made public when they were submitted to the Committee, and that the concluding observations thereon should be widely disseminated.

The Committee took note of the proceedings under way at the level of the executive organs with a view to formulating the declaration provided for in article 14 of the Convention, and encouraged the State party to complete these proceedings.

The Committee recommended that the State party should ratify the amendments to article 8, paragraph 6, of the Convention which were adopted on 15 January 1992, at the 14th meeting of States parties to the Convention.

The Committee recommended that the State party's next periodic report should provide an update on these matters and should deal with the issues raised in the present observations.


Seventh, Eight, Ninth, Tenth, and Eleventh Periodic Reports of Bangladesh

The seventh, eighth, ninth, tenth and eleventh periodic reports of Bangladesh, contained within one document (CERD/C379/Add.1), describe on an article-by-article basis that country's efforts to implement the rights included in the International Convention on the Elimination of all Forms of Racial Discrimination, to which it acceded in 1979. The document describes the general policies and overall legal framework of the Bangladeshi Government, and details various aspects of its Constitution.

The document states that Bangladesh's geographic location and history have made it home to people of diverse origins, races, colours and descent. The assimilative character of Bengal civilization combined with the intermingling of inhabitants with occasional waves of immigration resulted in a composite society which has racially and culturally turned into a melting pot over the millennia. A variety of races, including the Dravidians, the Mongoloids, the Negroids and the Aryans and their continuous intermingling had, therefore, contributed to a composite racial mix in such a way that categorical distinction of race or ethnic origin per se had ceased to exist for the Bangladeshi people. Race itself as an issue did not impinge on the consciousness or outlook of the Bangladeshi people in their intra social relations as they sought to find homogeneity in their identity through common language, traditional, culture, norms and harmony in tolerance and coexistence.

The document insists that the right of all citizens to equality before the law and equal protection of the law within the territory of Bangladesh was an enforceable fundamental right under the Constitution. All citizens had the right to equal treatment before tribunals and other forums administering justice without distinction as to race, colour or ethnic origin. The Constitution also guaranteed to every person the right to life and personal liberty. It was provided that, to enjoy the protection of the law and to be treated in accordance with law and only in accordance with law, was the inalienable right of every citizen wherever he might be, and of every other person for the time being within Bangladesh, and in particular that no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with the law.


Presentation of Reports of Bangladesh

M. ABDUL MANNAN, Ambassador and Permanent Representative of Bangladesh to the United Nations Office at Geneva, said Bangladesh's geography and history had made it home to peoples of diverse origins. The eclectic Bengali culture of today had evolved following periodic waves of immigration. However, race itself as an issue did not impinge on the social outlook of the Bangladeshi people. They found unity in their homogeneous identity based on shared language, tradition and culture. Previous reports had incorporated information on Constitutional protection enjoyed by racially distinct groups of Bangladeshis, including citizens of tribal origin. In keeping with Bangladesh's commitment towards eliminating discrimination in all its forms, it had included in the present report information on tribal and religious minorities in the country.

Mr. Abdul Mannan said the Constitution of the People's Republic of Bangladesh prohibited any discrimination on grounds of religion, race and place of birth. It further provided that no citizen shall, on grounds of religion, race, caste, gender or place of birth, be subjected to any disability in the enjoyment of complete civil and political rights. Further, the Government of Bangladesh had pursued a policy of affirmative action in favour of the disadvantaged sections of its citizenry. In fact, the only social disability that existed in Bangladesh now was in the area of economic opportunity. Large sections of the population remained marginalized due to widespread poverty. And the Government of Bangladesh had been making efforts towards overall economic development to remove this special disability.

Mr. Abdul Mannan said that in 1971, the people of Bangladesh had fought a war of liberation against the then-existing economic, social, cultural and political inequality. Large scale and systematic genocide and rape were committed on Bengali people by the ruling clique of the time, primarily on the basis of race and religion. The Bangladesh Constitution of 1972 was therefore based on the ideals for which the people of Bangladesh had fought this war. Naturally, the writers of the Constitution had put utmost stress on provisions which guaranteed fundamental rights and freedoms to every citizen without distinctions as to race, religion, gender or place of birth. They also had liberally drawn upon the provisions of the Charter of the United Nations and the Universal Declaration of Human Rights.


At the international level, Bangladesh's deep commitment towards the elimination of racial discrimination in all its forms, including apartheid, had been manifest in its active participation in the United Nations, the Movement of Non-Aligned Countries and the Commonwealth. As a State party to the International Covenant on Economic, Social and Cultural Rights and relevant International Labour Organization Conventions that prohibited discrimination in employment and occupation and the Indigenous and the Tribal People's Convention, the Government could claim that Bangladesh had been fulfilling the obligations of the Convention under discussion here in a much broader perspective.

Racially and socially, Bangladeshis were a people of whom more than 99.5 per cent were uniquely homogeneous. Only 0.45 per cent of Bangladeshis represented a special group deriving a proud identity based on their distinct culture and traditions. Although divided into 56 different tribes and spread across the country, the tribal citizens were an intrinsic part of the mixed racial composite that was the Bangladeshi society today. Traditionally, other than in the Southeastern region, tribal groups had lived under the same administrative area, and had enjoyed the same legal and administrative protection under Constitutional provisions of equality for all.


Discussion

RAGHAVAN VASUDEVAN PILLAI, the Committee’s Rapporteur on the reports, said there were a number of positive developments in the reports. There was a recent decision from the Government to establish a national human rights commission, and there would also be the establishment of an office of Ombudsman. Efforts to improve the situation of the tribal minority were underway. Despite a struggling economy, the Government's effort toward public education was positive.

Mr. Pillai asked for information about the arrangements being made to hold elections for the regional council of the Chittagong Hill Tracts. Were there resettlement plans for Bangladeshis who lived at the Chittagong Hill Tracts? What about the special task force for internally displaced persons?

Mr. Pillai asked for information on racial segregation in Bangladesh. What happened when groups that incited racial discrimination illegally existed in Bangladesh? There was a question about non-governmental organizations (NGOs). There was also a question about a Commission of Inquiry into the attacks on monks and Buddha statues in October 1998. He also asked about migrants and trafficking in persons, particularly women and children.

Other Committee Experts asked the delegation, among other issues, about the caste system in Bangladesh; positive discrimination policies; the Chittagong Hill Tracts Development Board; punishment for religious discrimination; encouraging national minorities to retain their languages; distribution of the Convention; training of police officers and armed forces on respect for human rights; the admission of students to schools; counting and registering tribal populations; sacred sites; the drafting of reports for the United Nations treaty bodies; the Ombudsman's office; cooperation with NGOs; mechanisms that the Government put in place to recruit people into public service; special measures for disadvantaged groups; and local tribunals handling complaints of racial discrimination.



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