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16 March 2001
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HR/CERD/01/18
16 March 2001
COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION
ADOPTS CONCLUSIONS ON REPORT OF ICELAND
Concludes Public Review of Initial Report of Georgia
The Committee on the Elimination of Racial Discrimination this morning adopted its conclusions and recommendations on the fifteenth and sixteenth periodic reports of Iceland which it considered earlier in its session.
The panel also completed its public review of the initial report of Georgia on how that country is complying with the tenets and mandates enshrined in the International Convention on the Elimination of all Forms of Racial Discrimination.
Concerning Iceland, the Committee said it was encouraged by the commitment of the State party to the Convention. It noted with appreciation that the State party took positive efforts with regard to the prevention of ethnic discrimination and to ensure equal rights and protection from discrimination for the growing immigrant and foreign-born
population.
The Committee noted the lack of complaints recorded by the police regarding incidents of racial discrimination. It recommended that the State party review carefully the allegations of racial insults and threats suffered by immigrants and that it consider additional ways in which the formulation of formal complaints in any such cases should be encouraged, including publicizing the State party's declaration under article 14 of the Convention.
The Committee also recommended that Iceland investigate fully the possible existence of associations advocating racial discrimination and take appropriate action.
On the report of Georgia, the Government delegation, answering questions that were raised Thursday by Committee Experts, spoke about, among other topics, the separation between the Orthodox Church and the State, minority rights, and the treatment of displaced persons.
The delegation said that the Orthodox religion was not a State religion. At present, there were serious discussions underway about an agreement between the patriarch of the Orthodox Church and the State. In order to do that, the Constitution would have to be amended. An international expert had opposed this and had appealed to the President. Society was split on this issue. Regardless, the Orthodox religion would not become a State religion.
The delegation said there were about 300,000 Azeris in Georgia. They were the majority in the areas in which they lived, but the problem was in Parliament, where there were only four Azerbaijanis. One big problem was that most of them did not know the Georgian language. During the Soviet Union, the language that was used was Russian, and there was no need for them to learn Georgian. Now the Government was undertaking plans to teach them the Georgian language.
Francois Lonseny Fall, the Committee Rapporteur on the report, summed up the discussion by saying that the delegation had shown good will and made a thoughtful presentation. But there were still some difficulties and impediments -- ethnic and political differences that marked the birth of the State. Georgia was urged to continue working on solutions to these issues.
The Committee will issue its conclusions and recommendations on the report of Georgian towards the end of its three-week session, which concludes on 23 March.
The Committee will resume its meeting at 3 p.m. this afternoon to begin its consideration of the twelfth, thirteenth, fourteenth and fifteenth periodic reports of Greece.
Conclusions and Recommendations on the Reports of Iceland
Among positive aspects on the reports of Iceland, the Committee was encouraged by the commitment of Iceland to the Convention. It noted with appreciation Iceland's positive efforts with regard to the prevention of ethnic discrimination and to ensure equal rights and protection from discrimination for the growing immigration and foreign-born population, a recent change for a small State.
The Committee noted again that the 1995 amendment of the Constitution provided extensive additions to human rights provisions, improving their reflection of international human rights norms. It welcomed the information provided in the sixteenth report and by the delegation about the extent to which courts referred to the human rights treaties to interpret the Constitutional provisions.
The Committee commended Iceland for publishing its reports and the concluding observations of the Committee on the Internet home page of the Ministry of Justice, and for their distribution to the media which facilitated and stimulated growing public interest and debate on human rights issues.
The Committee welcomed the establishment of a new centre for immigrants in the Western Fjords, which would start operating in March 2001, and the preparations for the transformation of the Information and Cultural Centre for Foreigners in Reykjavik into an International House with expanded programmes and activities, particularly to assist immigrants and other foreigners in the study of their own language.
The Committee welcomed the introduction of new curricula for nursery and primary school levels, with increased attention to the role of schools in facilitating the integration of children from different cultural backgrounds without the loss of their ties to their own culture. It noted also the emphasis on the promotion of tolerance and the recognition of the need to provide students from different linguistic backgrounds with special education in Icelandic to address educational and employment disparities.
The Committee noted the information provided in the sixteenth report on the complex provisions of the Icelandic Naturalization Act and other relevant legislation. It commended the 1998 amendment to address the unequal rights recognized to men and women on naturalization of their children, and the elimination of the requirement for the adoption of an Icelandic patronym as a condition for naturalization.
The Committee expressed it appreciation for the acceptance by the State party of refugees for resettlement, and noted the success of its support family system in facilitating integration of refugees.
The Committee recommended that Iceland investigate fully the possible existence of associations advocating racial discrimination and take appropriate action under Section 233a of the General Penal Code and article 74 of the Constitution, as well as review such legislation if it proved insufficient to enforce fully the provisions of article 4 of the Convention. The Committee also recommended that the State party ensure that the provisions of the Convention were fully reflected in existing legislation and that it give further consideration to the possibility of giving the Convention legal force in the Icelandic legal system, as is the case for the European Convention on Human Rights.
The Committee took note of the lack of complaints recorded by police regarding incidents of racial discrimination. The Committee recommended that Iceland review carefully the allegations of racial insults and threats suffered by immigrants and that it consider additional ways in which the formulation of formal complaints in any such cases should be encouraged, including publicizing the State party's declaration under article 14 of the Convention.
The Committee acknowledged the more favourable treatment received under the naturalisation laws in cases where the applicant was stateless. It also noted that Icelandic nationality was lost by persons who acquired another nationality by their own application, while dual citizenship was allowed for foreign nationals who acquired Icelandic citizenship. The Committee recommended that Iceland consider the possibility of acceding to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, which prohibited deprivation of nationality on discriminatory grounds and stipulated that a State party should grant nationality to persons born on its territory who would otherwise be stateless.
The Committee noted that a new Bill on Aliens was submitted to Parliament in autumn 2000 and that its adoption is expected in the spring of 2001. The Committee would welcome further information on the handling of asylum requests and on the contents of the Bill on Aliens in the next periodic report, including on admissibility procedures at the borders.
The Committee welcomed the Government's decision of July 2000 to ratify the amendments to article 8, paragraph 6 of the Convention adopted at the 14th meeting of States parties.
The Committee recommended that the State's reports continue to be made readily available to the public from the time they were submitted and that the Committee's observations on them be similarly publicized.
The Committee recommended that the State party submit the next periodic report, due on 4 January 2004, as an updating report and that it address all the points raised in the present observations.
Discussion on Report of Georgia
Answering questions posed by Committee Experts yesterday, the delegation of Georgia said a Governmental Commission had been established to investigate the repatriation of Georgians who were deported during the 1940s.
Asked why there was no condemnation of apartheid, the delegation said Georgia did not condone apartheid in any way.
Responding to a question about the discrimination against Jehovah's Witnesses, the delegation said some members were stopped on the street by a defrocked priest, and they were subjected to verbal and physical abuse. They called the police and medical assistance was given. At present, the matter was in court. There were a number of these cases before the attorney general. A problem existed, and the Government was aware how acute the problem was. Action would be taken.
The delegation said that the Orthodox religion was not a State religion. At present, there were serious discussions underway about an agreement between the patriarch of the Orthodox Church and the State. In order to do that, the Constitution would have to be amended. An international expert had opposed this and had appealed to the President. Society was split on this issue. Regardless, the Orthodox religion would not become a State religion.
Referring to Azeris, the delegation said there were about 300,000 in Georgia. They were the majority in the areas in which they lived, but the problem was in Parliament, where there were only four Azerbaijanis. One big problem was that most of them did not know the Georgian language. During the Soviet Union, the language that was used was Russian, and there was no need for them to learn Georgian. Now the Government was undertaking plans to teach them the Georgian language.
A programme to overcome poverty had been given substantial Government money to help small- and medium-sized businesses.
There was a bill concerning national minorities, but it had yet to be considered in Parliament. The situation was acute, and the bill would be given due attention.
Questioned about ethnic cleansing in Abkhazia, the delegation said ethnic Georgians had been expelled from their houses, and it could not be called anything but ethnic cleansing.
The delegation said it was usually very difficult to get consideration for a Constitutional amendment, but if the problem that the amendment would address was serious, it was get consideration.
Asked about racist propaganda and freedom of speech, the delegation said freedom of speech had limitations. Racist propaganda was banned by the Constitution. Georgian society rejected such propaganda.
Responding to a question about dual nationality, the delegation said hundreds of thousands of Georgians worked in Russia, and dual legal forms had to be examined. It was not known what form that would take.
After 1993, the delegation said the Georgian Government had taken on the responsibility to provide financial support for displaced persons, despite its small budget. Displaced persons were given a small assistance, they were exempt from communal charges, and they could take State transportation free of charge. The Government was very interested in returning these people to their native areas.
There were about 1,200 Gypsies in Georgia, the delegation said, and between 400 and 500 in Tablisi. They had doctors and teachers amongst them, but they were very much part of Georgian society. There were no complaints concerning Gypsies.
There was no State assistance to the Orthodox church, although it were exempt from taxation, the delegation said. New churches were being built, but without State assistance. Mainly, they came through voluntary contributions from rich people, which Georgia now had.
The delegation said the provisions of international treaties could be used in Georgian courts.
Asked about the citizenship of children, the delegation said a Citizenship Law was adopted in 1993. It was reflected in the Georgian report to the Human Rights Committee. Citizenship was passed through the father or the mother.
Political parties, the delegation said, were under the jurisdiction of the Constitutional Court. The President and Parliament of Georgia had the right to petition to disband a political party that practised or advocated discrimination.
The delegation said there were provisions for free legal aid for cases under criminal law. But for cases under civil law, the plaintiff had to hire a lawyer. There was a machinery for free or reduced-price legal aid, but it occurred very rarely. So many Georgians were considered needy that it would overwhelm this process.
Asked about the programme to battle poverty, the delegation said it was premature to talk about results because the programme would not start until this autumn. Results would be published in the next periodic report.
It was possible, the delegation said, for a victim to file a civil suit against a perpetrator who was also involved in a criminal suit.
Georgia was a member of 12 International Labour Organization conventions, the delegation said. Among these were conventions of anti-discriminational nature. They were in effect in Georgia.
About racial crimes, the delegation said efforts needed to be made to criminalize the dissemination of racial discrimination.
Asked about training in human rights, the delegation said steps were being taken, but it was something that needed to be extended. The effort of State bodies alone were not sufficient. Non-governmental organizations were also involved and helped with the carrying out of campaigns.
Regarding translating and interpreting services when a non-Georgian speaker needed to contact authorities, the delegation said minorities could contact local authorities and speak in their own native language. Any centralised agency would have Russian texts because Russian was the language of Georgia for so long, and virtually everybody in Georgia spoke it.
Asked about teaching adult Georgians the Georgian language if they had a different mother tongue, the delegation said there was a State programme for teaching languages. Children learned Georgian in schools, but adults were taught in these programmes. NGOs had also helped.
Asked about ethnic parties, the delegation said there were no such parties but they were not prohibited by law.
FRANCOIS LONSENY FALL, the Rapporteur on the report, said the delegation had shown good will and had made a thoughtful presentation. There were still some difficulties and impediments -- ethnic and political differences that marked the birth of the State. Important matters on refugees and displaced persons still surfaced, and the State would have to find solutions to these issues. Georgia was urged to continue working on solutions to these issues.
* *** *
HR/CERD/01/18
16 March 2001
COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION
ADOPTS CONCLUSIONS ON REPORT OF ICELAND
Concludes Public Review of Initial Report of Georgia
The Committee on the Elimination of Racial Discrimination this morning adopted its conclusions and recommendations on the fifteenth and sixteenth periodic reports of Iceland which it considered earlier in its session.
The panel also completed its public review of the initial report of Georgia on how that country is complying with the tenets and mandates enshrined in the International Convention on the Elimination of all Forms of Racial Discrimination.
Concerning Iceland, the Committee said it was encouraged by the commitment of the State party to the Convention. It noted with appreciation that the State party took positive efforts with regard to the prevention of ethnic discrimination and to ensure equal rights and protection from discrimination for the growing immigrant and foreign-born
population.
The Committee noted the lack of complaints recorded by the police regarding incidents of racial discrimination. It recommended that the State party review carefully the allegations of racial insults and threats suffered by immigrants and that it consider additional ways in which the formulation of formal complaints in any such cases should be encouraged, including publicizing the State party's declaration under article 14 of the Convention.
The Committee also recommended that Iceland investigate fully the possible existence of associations advocating racial discrimination and take appropriate action.
On the report of Georgia, the Government delegation, answering questions that were raised Thursday by Committee Experts, spoke about, among other topics, the separation between the Orthodox Church and the State, minority rights, and the treatment of displaced persons.
The delegation said that the Orthodox religion was not a State religion. At present, there were serious discussions underway about an agreement between the patriarch of the Orthodox Church and the State. In order to do that, the Constitution would have to be amended. An international expert had opposed this and had appealed to the President. Society was split on this issue. Regardless, the Orthodox religion would not become a State religion.
The delegation said there were about 300,000 Azeris in Georgia. They were the majority in the areas in which they lived, but the problem was in Parliament, where there were only four Azerbaijanis. One big problem was that most of them did not know the Georgian language. During the Soviet Union, the language that was used was Russian, and there was no need for them to learn Georgian. Now the Government was undertaking plans to teach them the Georgian language.
Francois Lonseny Fall, the Committee Rapporteur on the report, summed up the discussion by saying that the delegation had shown good will and made a thoughtful presentation. But there were still some difficulties and impediments -- ethnic and political differences that marked the birth of the State. Georgia was urged to continue working on solutions to these issues.
The Committee will issue its conclusions and recommendations on the report of Georgian towards the end of its three-week session, which concludes on 23 March.
The Committee will resume its meeting at 3 p.m. this afternoon to begin its consideration of the twelfth, thirteenth, fourteenth and fifteenth periodic reports of Greece.
Conclusions and Recommendations on the Reports of Iceland
Among positive aspects on the reports of Iceland, the Committee was encouraged by the commitment of Iceland to the Convention. It noted with appreciation Iceland's positive efforts with regard to the prevention of ethnic discrimination and to ensure equal rights and protection from discrimination for the growing immigration and foreign-born population, a recent change for a small State.
The Committee noted again that the 1995 amendment of the Constitution provided extensive additions to human rights provisions, improving their reflection of international human rights norms. It welcomed the information provided in the sixteenth report and by the delegation about the extent to which courts referred to the human rights treaties to interpret the Constitutional provisions.
The Committee commended Iceland for publishing its reports and the concluding observations of the Committee on the Internet home page of the Ministry of Justice, and for their distribution to the media which facilitated and stimulated growing public interest and debate on human rights issues.
The Committee welcomed the establishment of a new centre for immigrants in the Western Fjords, which would start operating in March 2001, and the preparations for the transformation of the Information and Cultural Centre for Foreigners in Reykjavik into an International House with expanded programmes and activities, particularly to assist immigrants and other foreigners in the study of their own language.
The Committee welcomed the introduction of new curricula for nursery and primary school levels, with increased attention to the role of schools in facilitating the integration of children from different cultural backgrounds without the loss of their ties to their own culture. It noted also the emphasis on the promotion of tolerance and the recognition of the need to provide students from different linguistic backgrounds with special education in Icelandic to address educational and employment disparities.
The Committee noted the information provided in the sixteenth report on the complex provisions of the Icelandic Naturalization Act and other relevant legislation. It commended the 1998 amendment to address the unequal rights recognized to men and women on naturalization of their children, and the elimination of the requirement for the adoption of an Icelandic patronym as a condition for naturalization.
The Committee expressed it appreciation for the acceptance by the State party of refugees for resettlement, and noted the success of its support family system in facilitating integration of refugees.
The Committee recommended that Iceland investigate fully the possible existence of associations advocating racial discrimination and take appropriate action under Section 233a of the General Penal Code and article 74 of the Constitution, as well as review such legislation if it proved insufficient to enforce fully the provisions of article 4 of the Convention. The Committee also recommended that the State party ensure that the provisions of the Convention were fully reflected in existing legislation and that it give further consideration to the possibility of giving the Convention legal force in the Icelandic legal system, as is the case for the European Convention on Human Rights.
The Committee took note of the lack of complaints recorded by police regarding incidents of racial discrimination. The Committee recommended that Iceland review carefully the allegations of racial insults and threats suffered by immigrants and that it consider additional ways in which the formulation of formal complaints in any such cases should be encouraged, including publicizing the State party's declaration under article 14 of the Convention.
The Committee acknowledged the more favourable treatment received under the naturalisation laws in cases where the applicant was stateless. It also noted that Icelandic nationality was lost by persons who acquired another nationality by their own application, while dual citizenship was allowed for foreign nationals who acquired Icelandic citizenship. The Committee recommended that Iceland consider the possibility of acceding to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, which prohibited deprivation of nationality on discriminatory grounds and stipulated that a State party should grant nationality to persons born on its territory who would otherwise be stateless.
The Committee noted that a new Bill on Aliens was submitted to Parliament in autumn 2000 and that its adoption is expected in the spring of 2001. The Committee would welcome further information on the handling of asylum requests and on the contents of the Bill on Aliens in the next periodic report, including on admissibility procedures at the borders.
The Committee welcomed the Government's decision of July 2000 to ratify the amendments to article 8, paragraph 6 of the Convention adopted at the 14th meeting of States parties.
The Committee recommended that the State's reports continue to be made readily available to the public from the time they were submitted and that the Committee's observations on them be similarly publicized.
The Committee recommended that the State party submit the next periodic report, due on 4 January 2004, as an updating report and that it address all the points raised in the present observations.
Discussion on Report of Georgia
Answering questions posed by Committee Experts yesterday, the delegation of Georgia said a Governmental Commission had been established to investigate the repatriation of Georgians who were deported during the 1940s.
Asked why there was no condemnation of apartheid, the delegation said Georgia did not condone apartheid in any way.
Responding to a question about the discrimination against Jehovah's Witnesses, the delegation said some members were stopped on the street by a defrocked priest, and they were subjected to verbal and physical abuse. They called the police and medical assistance was given. At present, the matter was in court. There were a number of these cases before the attorney general. A problem existed, and the Government was aware how acute the problem was. Action would be taken.
The delegation said that the Orthodox religion was not a State religion. At present, there were serious discussions underway about an agreement between the patriarch of the Orthodox Church and the State. In order to do that, the Constitution would have to be amended. An international expert had opposed this and had appealed to the President. Society was split on this issue. Regardless, the Orthodox religion would not become a State religion.
Referring to Azeris, the delegation said there were about 300,000 in Georgia. They were the majority in the areas in which they lived, but the problem was in Parliament, where there were only four Azerbaijanis. One big problem was that most of them did not know the Georgian language. During the Soviet Union, the language that was used was Russian, and there was no need for them to learn Georgian. Now the Government was undertaking plans to teach them the Georgian language.
A programme to overcome poverty had been given substantial Government money to help small- and medium-sized businesses.
There was a bill concerning national minorities, but it had yet to be considered in Parliament. The situation was acute, and the bill would be given due attention.
Questioned about ethnic cleansing in Abkhazia, the delegation said ethnic Georgians had been expelled from their houses, and it could not be called anything but ethnic cleansing.
The delegation said it was usually very difficult to get consideration for a Constitutional amendment, but if the problem that the amendment would address was serious, it was get consideration.
Asked about racist propaganda and freedom of speech, the delegation said freedom of speech had limitations. Racist propaganda was banned by the Constitution. Georgian society rejected such propaganda.
Responding to a question about dual nationality, the delegation said hundreds of thousands of Georgians worked in Russia, and dual legal forms had to be examined. It was not known what form that would take.
After 1993, the delegation said the Georgian Government had taken on the responsibility to provide financial support for displaced persons, despite its small budget. Displaced persons were given a small assistance, they were exempt from communal charges, and they could take State transportation free of charge. The Government was very interested in returning these people to their native areas.
There were about 1,200 Gypsies in Georgia, the delegation said, and between 400 and 500 in Tablisi. They had doctors and teachers amongst them, but they were very much part of Georgian society. There were no complaints concerning Gypsies.
There was no State assistance to the Orthodox church, although it were exempt from taxation, the delegation said. New churches were being built, but without State assistance. Mainly, they came through voluntary contributions from rich people, which Georgia now had.
The delegation said the provisions of international treaties could be used in Georgian courts.
Asked about the citizenship of children, the delegation said a Citizenship Law was adopted in 1993. It was reflected in the Georgian report to the Human Rights Committee. Citizenship was passed through the father or the mother.
Political parties, the delegation said, were under the jurisdiction of the Constitutional Court. The President and Parliament of Georgia had the right to petition to disband a political party that practised or advocated discrimination.
The delegation said there were provisions for free legal aid for cases under criminal law. But for cases under civil law, the plaintiff had to hire a lawyer. There was a machinery for free or reduced-price legal aid, but it occurred very rarely. So many Georgians were considered needy that it would overwhelm this process.
Asked about the programme to battle poverty, the delegation said it was premature to talk about results because the programme would not start until this autumn. Results would be published in the next periodic report.
It was possible, the delegation said, for a victim to file a civil suit against a perpetrator who was also involved in a criminal suit.
Georgia was a member of 12 International Labour Organization conventions, the delegation said. Among these were conventions of anti-discriminational nature. They were in effect in Georgia.
About racial crimes, the delegation said efforts needed to be made to criminalize the dissemination of racial discrimination.
Asked about training in human rights, the delegation said steps were being taken, but it was something that needed to be extended. The effort of State bodies alone were not sufficient. Non-governmental organizations were also involved and helped with the carrying out of campaigns.
Regarding translating and interpreting services when a non-Georgian speaker needed to contact authorities, the delegation said minorities could contact local authorities and speak in their own native language. Any centralised agency would have Russian texts because Russian was the language of Georgia for so long, and virtually everybody in Georgia spoke it.
Asked about teaching adult Georgians the Georgian language if they had a different mother tongue, the delegation said there was a State programme for teaching languages. Children learned Georgian in schools, but adults were taught in these programmes. NGOs had also helped.
Asked about ethnic parties, the delegation said there were no such parties but they were not prohibited by law.
FRANCOIS LONSENY FALL, the Rapporteur on the report, said the delegation had shown good will and had made a thoughtful presentation. There were still some difficulties and impediments -- ethnic and political differences that marked the birth of the State. Important matters on refugees and displaced persons still surfaced, and the State would have to find solutions to these issues. Georgia was urged to continue working on solutions to these issues.
* *** *