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17 August 2000

CERD
57th session
17 August 2000
Morning






The Committee on the Elimination of Racial Discrimination this morning considered a fifteenth periodic report on the religious measures taken by the Holy See to avert any form of racial discrimination.

Introducing the report of the Holy See, Guiseppe Bertello, Permanent Observer of the Holy See to the United Nations Office at Geneva, said that from the nature of the Catholic Church and its legislation, all forms of discrimination could not happen and were categorically rejected. That principle had inspired the documents of the Vatican II Council, which constituted an important date in the updating of the Church's doctrine; and the principle of non-discrimination was also found in the cannon 208 which affirmed that "among all believers, there existed equality concerning dignity and activity", he said.

Luis Valencia Rodriguez, the Committee expert who served as country rapporteur to the report of the Holy See, said that Pope John Paul had intervened on different occasions concerning racism and xenophobia, which the Committee considered as an important measure. He said that because of the absence of a permanent population under its jurisdiction, the Holy See did not supply information on its application of article 4 of the Convention, which was the condemnation of all propaganda and all organizations which were based on ideas or theories of racial superiority.

Other Committee members commended the role played by the Pope and the Vatican in promoting peace and security. Many experts also lauded the Vatican's contribution in conflict resolution efforts and in expanding education in the countries where it was present.

The following Committee members participated in the discussion: Mahmoud Aboul-Nasr, Régis de Gouttes, François Lonsény Fall, Peter Nobel, Marc Bossuyt, Yuri A. Rechetov, Agha Shahi, Ion Diaconu and Gay McDougall.

The delegation of the Holy See was also made up of Leo Boccardi, State Secretary of Relations with States; Vincenzo Buonomo from the Pontifical University of Latran, Rome; Edgar Pena Parra, Counsellor, and Massimo De Gregori from the Permanent Observer Mission of the Holy See at Geneva.


The Committee will issue its conclusions on the report of the Holy See before the end of its current four-week session which will conclude on 25 August.

The Holy See is among the 156 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination and as such it must present periodic summaries of its performance designed to give effect to the treaty.

When the Committee reconvenes at 3 p.m., it will take up the fifteenth periodic report of Norway (document CERD/C/363/Add.3).

Report of Holy See

The fifteenth periodic report of the Holy See (document CERD/C/338/Add.11) provides information on the status of the Convention; it says that the Holy See is not in a position to answer all the questions pertaining to law; from the very nature of the Catholic Church and from the spirit of its laws, the Church rejects and condemns racial discrimination and it has a positive attitude aimed at promoting multi-racial integration. The laws of the Church concern peoples from all continents and races; it establishes, in absolute manner, the equality of all the faithful; and it effectively and positively protects friendly coexistence, implicitly condemning all forms of racism.

Introduction of Report

GUISEPPE BERTELLO, Permanent Observer of the Holy See to the United Nations Office at Geneva, said that in international law, the Holy See was a sovereign State with juridical entity. However, within the international community and among international organizations, the role of the Holy See was characterized essentially by its religious and moral mission. The Holy See, acting as a subject of international law, abided by international norms and standards. All international conventions acceded to by the Holy See had higher positions than the domestic laws.

Father Bertello affirmed that the Holy See's presence within the international organizations and its ratification of the Convention, which it signed in November 1966, was based on religious and moral motives. For that reason, the report presented to the Committed could not have the same structure as the rest of the States parties to the Convention.

From the nature of the Catholic Church and its legislation, all forms of discrimination could not happen and such acts were categorically rejected, Father Bertello said. That principle had inspired the documents of the Vatican II Council, which constituted an important date in the updating of the Church's doctrine. The principle of non-discrimination was also found in the cannon 208 which affirmed that "among all believers, there existed equality concerning dignity and activity".

Discussion

LUIS VALENCIA RODRIGUEZ, the Committee expert who served as country rapporteur to the report of the Holy See, said that according to the Treaty of Letran of 1923, the Holy See had the fundamental mission to strengthen peace in the world under its temporal capacity.

Mr. Valencia Rodriguez said that due to its specific internal characteristics, the report of the Holy See supplied neither statistics of its population nor the demographic composition of the population which were of interest to the Committee. Instead, the report had presented figures of the Catholic population in the countries of the world and the Vatican as their spiritual and moral leader. The Holy See claimed 989 million followers among the total world population of 5,689 million, to which it played a powerful spiritual influence.

The report of the Holy See had analysed the general framework which made it evident that racial discrimination was prohibited and eliminated, and that the promotion, enjoyment and exercise of human rights and fundamental freedoms were encouraged and confirmed in the political, economic, social and cultural life, Mr. Valencia Rodriguez said. The Holy See had ratified human rights conventions which defended the values of fundamental freedoms. In addition, it was reported that the conventions to which the Holy See was State party, including the Convention, held a superior position to domestic legislation. The Holy See, through church influence, should encourage other States to abide by the provisions of the Convention.

Mr. Valencia Rodriguez further said that concerning article 2 of the Convention, which was condemnation of racial discrimination, the Holy See had affirmed that the cannon law advocated for perfect equality and dignity of persons. It had also endeavoured to promote and sustain the principle of equality and its practical application in the daily lives of all people.

With respect to article 3 of the Convention, the Pope had been intervening on different occasions concerning racism and xenophobia, which the Committee considered to be important measures, Mr. Valencia Rodriguez said. Further information was required about the situation of the Catholic people who immigrated to other countries.

Mr. Valencia Rodriguez said that because of the absence of a permanent population under its jurisdiction, the Holy See did not supply information on its application of article 4 of the Convention, which was the condemnation of all propaganda and all organizations which were based on ideas or theories of racial superiority.

Other Committee members commended the role played by the Pope and the Vatican in promoting peace and security. Many experts also lauded the Vatican's contribution in conflict resolution efforts and in expanding education in the countries where it was present.

Response of the Holy See

In response to questions raised by the Committee experts, the members of the delegation of the Holy See said that they were thankful that the experts had acknowledged the role played by the Catholic Church in expanding education and world peace.

With regard to the genocide in Rwanda, the delegation said that the local Catholic church had been endeavouring peace before and after the incident. A number of documents presented to different international fora had witnessed the Church's concern about human rights violations in that country. In northern Rwanda, when the genocide had taken place, the local Catholic church leader had expressed concern. The Church had also played an important role in the Arusha agreement designed to bring peace to Rwanda.

The delegation further expressed satisfaction at the remarks made by experts in commending the Catholic Church for its role to restore peace in the world and the Pope's efforts in that regard.

Further, in many Catholic schools in various countries, Islamic and other believers also enrolled without being converted into the Catholic religion, the delegation said; it was part of the principle of coexistence among other religions.

Concerning the situation of refugees, the delegation said that the Catholic organization, Caritas International, was of great help in assisting refugees coming from other countries. In Italy, for example, the activities of Caritas had been extended because of the increase in refugees coming from war-torn regions of the world.

The cannon law did not come under the penal code as in the case of "normal" States, the delegation said; and penalties under the cannon law were concentrated on spiritual aspect.

LUIS VALENCIA RODRIGUEZ, the Committee expert who served as country rapporteur to the report of the Holy See, said that the Catholic Church was efficiently contributing to the elimination of racial discrimination throughout the world. The role of the Church in recent events in Rwanda had also been seen to be positive. The Church should continue its efforts in promoting peace and security in the world and should redouble its vigilance in that area.



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