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20 March 2001
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CERD
58th session
20 March 2001
Afternoon
The Committee on the Elimination of Racial Discrimination this afternoon adopted its conclusions and recommendations on the reports of Japan and Algeria. Both countries sent Government delegations to the Committee to present their reports on how each of them had implemented the rights and mandates enshrined in the International Convention on the Elimination of all Forms of Racial Discrimination.
On Japan, which presented its reports to the Committee on 8 and 9 March, the Committee welcomed the legislative and administrative efforts made by the country in order to promote the human rights and the economic, social and cultural development of some ethnic and national minorities.
Listed under subjects of concern and recommendations, the Committee noted with concern statements of discriminatory character made by high-level public officials and, in particular, the lack of administrative or legal action taken by the authorities. Japan was urged to take appropriate measures to prevent such incidents in the future and to provide appropriate training of public officials, law enforcement officers and administrators with a view to combat prejudices which led to racial discrimination.
On Algeria, which came before the Committee on 15 March, the Experts noted with appreciation that Algeria had made a declaration under article 14 of the Convention, recognizing the competence of the Committee to receive and consider communications from individuals or groups of individuals.
The Committee did express its deep concern at the Law on the Generalization of the Arabic Language of 1998, which prohibited the use of languages other than Arabic in various fields. And the Committee recommended, noting the absence of statistical data on the ethnic composition of Algerian society, that the country provide information on the composition of the population.
The Committee also briefly addressed the situation of the implementation of the Convention in Gambia. The country had not filed a report with the Committee since 1980, and the Committee opted to invite the Government to submit a periodic report shortly, availing itself to the technical assistance offered by the Office of the United Nations High Commissioner for Human Rights.
Meanwhile, Cote d'Ivoire, which the Committee had planned on reviewing without a report, received permission from the Committee to submit its report within the next four months. Cote d'Ivoire had last filed a report in 1981.
The Committee also discussed preparations for the World Conference against Racism, which will be held in Durban, South Africa from 31 August to 7 September.
The Committee will meet at 10 a.m. on Wednesday, 21 March to continue discussing its draft conclusions and recommendations on country reports which it has considered during its three-week session which concludes on Friday, 23 March.
Conclusions and Recommendations on the Initial and Second Reports of Japan
In the positive aspects on the reports of Japan, the Committee took note of the State party's efforts to consult with a number of non-governmental organizations in the preparation of its reports.
The Committee welcomed the legislative and administrative efforts made by the State party in order to promote the human rights and the economic, social and cultural development of some ethnic and national minorities.
The Committee noted with interest the recent jurisprudence recognizing the Ainu people as a minority people with the right to enjoy their unique culture.
The Committee welcomed efforts made to raise awareness about existing human rights standards, particularly the publication of the full texts of fundamental human rights treaties on the web site of the Ministry for Foreign Affairs, including the Convention on the Elimination on All Forms of Racial Discrimination. It also welcomed the similar dissemination of the State party's reports on the implementation of treaties and the concluding observations of the respective UN monitoring bodies.
Under concerns and recommendations, with regard to the interpretation of the definition of racial discrimination contained in article 1 of the Convention, the Committee considered that contrary to Japan, the term "descent" had its own meaning and was not to be confused with race or ethnic or national origin. The Committee recommended that Japan ensure the protection against discrimination and the full enjoyment of the civil, political, economic, social and cultural rights contained in article 5 of the Convention.
The Committee noted with concern that although article 98 of the Constitution provided that treaties ratified by Japan were part of domestic law, the provisions of the Convention had rarely been applied by national courts. In light of the information from Japan that the direct application of treaty provisions was judged in each specific case, the Committee sought clarifying information from Japan on the status of the Convention and its provisions in domestic law.
The Committee was concerned that the only provision in the legislation of Japan relevant to the Convention was article 14 of the Constitution. Taking into account the fact that the Convention was not self-executory, the Committee believed it necessary to adopt specific legislation to outlaw racial discrimination.
Regarding the prohibition of racial discrimination in general, the Committee was further concerned that racial discrimination as such was not explicitly and adequately penalised in criminal law.
The Committee noted with concern statements of discriminatory character made by high-level public officials and, in particular, the lack of administrative or legal action taken by the authorities. Japan was urged to take appropriate measures to prevent such incidents in the future and to provide appropriate training of public officials, law enforcement officers and administrators with a view to combat prejudices which lead to racial discrimination.
The Committee was concerned about reports of violent actions against Koreans, mainly children and students, and about inadequate reaction of authorities in this regard. It recommended that the Government take more resolute measures to prevent and counter such acts.
With regard to children of foreign nationality residing in Japan, the Committee noted that elementary and lower secondary education was not compulsory. It further noted the position of Japan that "since the purpose of the primary education in Japan was to educate the Japanese people to be members of the community, it was not appropriate to force foreign children to receive that education."
The Committee was concerned about discrimination affecting the Korean minority in employment, education, access to social welfare, housing and citizenship. Though efforts were being made to remove some of the institutional obstacles for minority students from international schools, including Korean schools, to enter Japanese universities, the Committee was particularly concerned that studies in Korean were not recognized and resident Korean students received unequal treatment with regard to access to higher education. The Committee recommended that Japan undertake appropriate measures to eliminate discriminatory treatment of minorities in this regard and that it ensure access to education in minority languages in public Japanese schools.
The Committee recommended that Japan take steps to further promote the right of the Ainu as indigenous people.
Although noting that there were no longer any administrative or legal requirements for Koreans applying for Japanese nationality to change their names to a Japanese-style name, the Committee expressed its concern that authorities reportedly continued to urge applicants to do so and that Koreans felt obliged to do so for fear of discrimination. The Committee recommended that Japan take necessary measures to prevent and abolish such practices.
The Committee noted that different standards of treatment were applicable to Indochinese-recognized refugees on one hand and the limited number of refugees of other national origins on the other. The Committee recommended that Japan take necessary measures to ensure equal entitlement of all refugees, and that it ensure that all asylum-seekers had the right to an adequate standard of living and medical care.
The Committee was concerned that the national redress law offered remedies only on the basis of reciprocity.
Conclusions and Recommendations of the Thirteenth and Fourteenth Reports of Algeria
Listing the positive aspect of the reports of Algeria, the Committee noted with appreciation that Algeria had made a declaration under article 14 of the Convention recognizing the competence of the Committee to receive and consider communications from individuals or groups of individuals.
The Committee welcomed the fact that international instruments that had been ratified and promulgated by the State party, including the Convention, formed part of and took precedence over norms of the State party's domestic law, and could be invoked directly before the Courts.
The Committee welcomed the on-going reforms with regard to the administration of justice and the setting up of a National Commission for the reform of the justice system.
The Committee noted as positive the announcement by the delegation of the forthcoming establishment of a new National Advisory Commission for the Promotion and Protection of Human Rights, the members of which would include civil society organizations, and which would closely coordinate with the National Human Rights Observatory.
The Committee welcomed the initiatives taken by the Government in the area of human rights education.
The Committee appreciated the recognition in the Algerian Constitution of the Islamic, Arab and Amazigh components of Algerian identity, and further, the efforts to introduce the teaching of the Amazigh language in schools.
Under concerns and recommendations, the Committee noted the absence of statistical data on the ethnic composition of Algerian society. The Committee reiterated its recommendation, made during the consideration of the tenth periodic report, that Algeria provide information on the composition of the population.
The Committee expressed its concern about the Law on the Generalization of the Arabic Language, which prohibits the use of languages other than Arabic in various fields.
The Committee noted that article 27 and 42 of the Constitution prohibited discrimination based on race, language or religion. Nevertheless, it was concerned about the inadequate provisions in domestic legislation to address diverse aspects of racial discrimination. It thus reiterated its recommendation that Algeria consider incorporating in its domestic legislation a prohibition of racial discrimination.
While noting the efforts by the State party to amend its criminal code in accordance with the recommendations of the Committee, the Committee remained concerned about Algeria's failure to comply fully with all requirements of article 4 of the Convention.
With regard to article 5, the Committee noted that the facts and figures provided in the report were in relation to the totality of the population and were not disaggregated. In this connection, the Committee wished to receive detailed information on the application of the provisions of this article to the nomadic groups in the next report.
The Committee reiterated its previous recommendation that the next periodic report contain all available information on complaints and court cases relating to racial discrimination, and also information on the right of individuals to see adequate reparation for any damage suffered as a result of such discrimination.
The Committee noted that despite the significant steps taken by the Government to preserve and promote the Amazigh identity through the setting up of a High Commission on Amazighness, the Committee was concerned about reports of inadequate functioning of this Commission and requested additional, concrete information on this institution with regard to its functioning, membership and performance in promoting Amazigh language and culture.
The Committee requested that Algeria, in its next periodic report, provide information on the role of the National Advisory Commission for the Promotion and Protection of Human Rights in monitoring the implementation of the treaty obligations and the coordination of work between this organization and the National Human Rights Observatory.
The Committee recommended that Algeria's periodic reports be made widely available to the public from the time they were submitted and that the Committee's concluding observations be similarly publicized.
The Committee further recommended that the State party ratify the amendments to article 8, paragraph 6 of the Convention, adopted by the fourteenth meeting of State parties.
The Committee recommended that the State party submit its fifteenth periodic report jointly with its sixteenth periodic report, and for the reports to be a comprehensive, and that they address the points raised in the present observations.
* *** *
58th session
20 March 2001
Afternoon
The Committee on the Elimination of Racial Discrimination this afternoon adopted its conclusions and recommendations on the reports of Japan and Algeria. Both countries sent Government delegations to the Committee to present their reports on how each of them had implemented the rights and mandates enshrined in the International Convention on the Elimination of all Forms of Racial Discrimination.
On Japan, which presented its reports to the Committee on 8 and 9 March, the Committee welcomed the legislative and administrative efforts made by the country in order to promote the human rights and the economic, social and cultural development of some ethnic and national minorities.
Listed under subjects of concern and recommendations, the Committee noted with concern statements of discriminatory character made by high-level public officials and, in particular, the lack of administrative or legal action taken by the authorities. Japan was urged to take appropriate measures to prevent such incidents in the future and to provide appropriate training of public officials, law enforcement officers and administrators with a view to combat prejudices which led to racial discrimination.
On Algeria, which came before the Committee on 15 March, the Experts noted with appreciation that Algeria had made a declaration under article 14 of the Convention, recognizing the competence of the Committee to receive and consider communications from individuals or groups of individuals.
The Committee did express its deep concern at the Law on the Generalization of the Arabic Language of 1998, which prohibited the use of languages other than Arabic in various fields. And the Committee recommended, noting the absence of statistical data on the ethnic composition of Algerian society, that the country provide information on the composition of the population.
The Committee also briefly addressed the situation of the implementation of the Convention in Gambia. The country had not filed a report with the Committee since 1980, and the Committee opted to invite the Government to submit a periodic report shortly, availing itself to the technical assistance offered by the Office of the United Nations High Commissioner for Human Rights.
Meanwhile, Cote d'Ivoire, which the Committee had planned on reviewing without a report, received permission from the Committee to submit its report within the next four months. Cote d'Ivoire had last filed a report in 1981.
The Committee also discussed preparations for the World Conference against Racism, which will be held in Durban, South Africa from 31 August to 7 September.
The Committee will meet at 10 a.m. on Wednesday, 21 March to continue discussing its draft conclusions and recommendations on country reports which it has considered during its three-week session which concludes on Friday, 23 March.
Conclusions and Recommendations on the Initial and Second Reports of Japan
In the positive aspects on the reports of Japan, the Committee took note of the State party's efforts to consult with a number of non-governmental organizations in the preparation of its reports.
The Committee welcomed the legislative and administrative efforts made by the State party in order to promote the human rights and the economic, social and cultural development of some ethnic and national minorities.
The Committee noted with interest the recent jurisprudence recognizing the Ainu people as a minority people with the right to enjoy their unique culture.
The Committee welcomed efforts made to raise awareness about existing human rights standards, particularly the publication of the full texts of fundamental human rights treaties on the web site of the Ministry for Foreign Affairs, including the Convention on the Elimination on All Forms of Racial Discrimination. It also welcomed the similar dissemination of the State party's reports on the implementation of treaties and the concluding observations of the respective UN monitoring bodies.
Under concerns and recommendations, with regard to the interpretation of the definition of racial discrimination contained in article 1 of the Convention, the Committee considered that contrary to Japan, the term "descent" had its own meaning and was not to be confused with race or ethnic or national origin. The Committee recommended that Japan ensure the protection against discrimination and the full enjoyment of the civil, political, economic, social and cultural rights contained in article 5 of the Convention.
The Committee noted with concern that although article 98 of the Constitution provided that treaties ratified by Japan were part of domestic law, the provisions of the Convention had rarely been applied by national courts. In light of the information from Japan that the direct application of treaty provisions was judged in each specific case, the Committee sought clarifying information from Japan on the status of the Convention and its provisions in domestic law.
The Committee was concerned that the only provision in the legislation of Japan relevant to the Convention was article 14 of the Constitution. Taking into account the fact that the Convention was not self-executory, the Committee believed it necessary to adopt specific legislation to outlaw racial discrimination.
Regarding the prohibition of racial discrimination in general, the Committee was further concerned that racial discrimination as such was not explicitly and adequately penalised in criminal law.
The Committee noted with concern statements of discriminatory character made by high-level public officials and, in particular, the lack of administrative or legal action taken by the authorities. Japan was urged to take appropriate measures to prevent such incidents in the future and to provide appropriate training of public officials, law enforcement officers and administrators with a view to combat prejudices which lead to racial discrimination.
The Committee was concerned about reports of violent actions against Koreans, mainly children and students, and about inadequate reaction of authorities in this regard. It recommended that the Government take more resolute measures to prevent and counter such acts.
With regard to children of foreign nationality residing in Japan, the Committee noted that elementary and lower secondary education was not compulsory. It further noted the position of Japan that "since the purpose of the primary education in Japan was to educate the Japanese people to be members of the community, it was not appropriate to force foreign children to receive that education."
The Committee was concerned about discrimination affecting the Korean minority in employment, education, access to social welfare, housing and citizenship. Though efforts were being made to remove some of the institutional obstacles for minority students from international schools, including Korean schools, to enter Japanese universities, the Committee was particularly concerned that studies in Korean were not recognized and resident Korean students received unequal treatment with regard to access to higher education. The Committee recommended that Japan undertake appropriate measures to eliminate discriminatory treatment of minorities in this regard and that it ensure access to education in minority languages in public Japanese schools.
The Committee recommended that Japan take steps to further promote the right of the Ainu as indigenous people.
Although noting that there were no longer any administrative or legal requirements for Koreans applying for Japanese nationality to change their names to a Japanese-style name, the Committee expressed its concern that authorities reportedly continued to urge applicants to do so and that Koreans felt obliged to do so for fear of discrimination. The Committee recommended that Japan take necessary measures to prevent and abolish such practices.
The Committee noted that different standards of treatment were applicable to Indochinese-recognized refugees on one hand and the limited number of refugees of other national origins on the other. The Committee recommended that Japan take necessary measures to ensure equal entitlement of all refugees, and that it ensure that all asylum-seekers had the right to an adequate standard of living and medical care.
The Committee was concerned that the national redress law offered remedies only on the basis of reciprocity.
Conclusions and Recommendations of the Thirteenth and Fourteenth Reports of Algeria
Listing the positive aspect of the reports of Algeria, the Committee noted with appreciation that Algeria had made a declaration under article 14 of the Convention recognizing the competence of the Committee to receive and consider communications from individuals or groups of individuals.
The Committee welcomed the fact that international instruments that had been ratified and promulgated by the State party, including the Convention, formed part of and took precedence over norms of the State party's domestic law, and could be invoked directly before the Courts.
The Committee welcomed the on-going reforms with regard to the administration of justice and the setting up of a National Commission for the reform of the justice system.
The Committee noted as positive the announcement by the delegation of the forthcoming establishment of a new National Advisory Commission for the Promotion and Protection of Human Rights, the members of which would include civil society organizations, and which would closely coordinate with the National Human Rights Observatory.
The Committee welcomed the initiatives taken by the Government in the area of human rights education.
The Committee appreciated the recognition in the Algerian Constitution of the Islamic, Arab and Amazigh components of Algerian identity, and further, the efforts to introduce the teaching of the Amazigh language in schools.
Under concerns and recommendations, the Committee noted the absence of statistical data on the ethnic composition of Algerian society. The Committee reiterated its recommendation, made during the consideration of the tenth periodic report, that Algeria provide information on the composition of the population.
The Committee expressed its concern about the Law on the Generalization of the Arabic Language, which prohibits the use of languages other than Arabic in various fields.
The Committee noted that article 27 and 42 of the Constitution prohibited discrimination based on race, language or religion. Nevertheless, it was concerned about the inadequate provisions in domestic legislation to address diverse aspects of racial discrimination. It thus reiterated its recommendation that Algeria consider incorporating in its domestic legislation a prohibition of racial discrimination.
While noting the efforts by the State party to amend its criminal code in accordance with the recommendations of the Committee, the Committee remained concerned about Algeria's failure to comply fully with all requirements of article 4 of the Convention.
With regard to article 5, the Committee noted that the facts and figures provided in the report were in relation to the totality of the population and were not disaggregated. In this connection, the Committee wished to receive detailed information on the application of the provisions of this article to the nomadic groups in the next report.
The Committee reiterated its previous recommendation that the next periodic report contain all available information on complaints and court cases relating to racial discrimination, and also information on the right of individuals to see adequate reparation for any damage suffered as a result of such discrimination.
The Committee noted that despite the significant steps taken by the Government to preserve and promote the Amazigh identity through the setting up of a High Commission on Amazighness, the Committee was concerned about reports of inadequate functioning of this Commission and requested additional, concrete information on this institution with regard to its functioning, membership and performance in promoting Amazigh language and culture.
The Committee requested that Algeria, in its next periodic report, provide information on the role of the National Advisory Commission for the Promotion and Protection of Human Rights in monitoring the implementation of the treaty obligations and the coordination of work between this organization and the National Human Rights Observatory.
The Committee recommended that Algeria's periodic reports be made widely available to the public from the time they were submitted and that the Committee's concluding observations be similarly publicized.
The Committee further recommended that the State party ratify the amendments to article 8, paragraph 6 of the Convention, adopted by the fourteenth meeting of State parties.
The Committee recommended that the State party submit its fifteenth periodic report jointly with its sixteenth periodic report, and for the reports to be a comprehensive, and that they address the points raised in the present observations.
* *** *