Welcome to the United Nations 
OHCHR 
Press releases Treaty bodies
Default title
21 March 2001
Share
CERD
58th session
21 March 2001
Morning
The Committee on the Elimination of Racial Discrimination this morning offered its conclusions and recommendations on the fifteenth report of Germany and the ninth, tenth and eleventh reports of Sudan. The reports, which were presented to the Committee earlier in its three-week session, detail how each of the countries implements the rights and mandates enshrined within the International Convention on the Elimination of all Forms of Racial Discrimination.
With regards to the report of Germany, the Committee welcomed that additional extreme right-wing associations had been banned since the country’s last report The Committee also noted the efforts made by the Government, as well as by the Federal Council and the Federal Parliament, to bring the important and delicate issue of constitutionality of the National Democratic Party of Germany (NPD) before the German Constitutional Court. Finally, the Committee was pleased to see that measures taken by Germany in order to combat racial propaganda were effectively implemented, leading to the conviction by the judicial authorities of approximately 900 people during 1998.
Under areas of concern, the Committee shared Germany's particular concern that despite appropriate actions undertaken and significant improvements of the different means to prevent and punish right-wing extremist, xenophobic and anti-Semitic crimes, the number of racist-related incidents, which had more or less stagnated during the 1990s, had suddenly and dramatically increased during 2000. While welcoming the work that had already been accomplished to identify the specific causes of such phenomenon, the Committee encouraged Germany to reinforce its efforts to prevent and combat such acts, including through further studies and research, in order to understand fully the reasons for the recent increase in racial violence and to devise appropriate measures.
In its conclusions on the situation in Sudan, the Committee welcomed the adoption by national referendum of the 1998 Constitution, and commended the Constitution for recognizing the cultural diversity of Sudan. In this regard, the Committee noted the efforts by all parties to implement the Constitutional Decree 14 of 1997 (Khartoum Peace Agreement), which would end with a general referendum in the South for either unity or succession.
Under concerns and recommendations, the Committee said that although it noted certain information given orally by the delegation, particularly the socio-economic indicators relating to women and children, the Committee regretted the lack of details in the report concerning the demographic composition of the population. Sudan was recommended to provide in its next report full details on the composition of the population as requested in the reporting guidelines of the Committee.
The Committee also this morning addressed the situation of the implementation of the provisions of the Convention in Sierra Leone without a report. The country last filed a report in 1974.
When the Committee resumes its meeting at 3 p.m., it will continue to discuss its draft conclusions and recommendations on country reports that it considered during its session which concludes on Friday, 23 March.
Conclusions and Recommendations on the Fifteenth Report of Germany
Citing the positive aspects of the report of Germany, the Committee welcomed recent developments that had taken place in the field of human rights. It noted in particular the creation of the independent German Institute of Human Rights, the setting up by the Federal Parliament of a Human Rights Committee as well as the publication of the Federal Government's biannual Human Rights Report, which in future would give more attention to internal human rights issues.
With regard to the implementation of article 4 of the Convention and the fight against racist organizations and propaganda, the Committee welcomed that since Germany's previous report, additional extreme right-wing associations had been banned. In this regard, the Committee also noted the efforts made by the Government, as well as by the Federal Council and the Federal Parliament, to bring the important and delicate issue of constitutionality of the National Democratic Party of Germany (NPD) before the German Constitutional Court. Finally, the Committee was pleased to see that measures taken by Germany in order to combat racial propaganda were effectively implemented, leading to the conviction by the judicial authorities of approximately 900 people during 1998.
The Committee also welcomed the establishment of three new special programmes aimed at combatting racism and xenophobia among young people.
The Committee noted with satisfaction the improvements brought about by the recent reform of the nationality law and, particularly, the partial incorporation of the principle of "jus soli" and the expanding of exceptions to the principle prohibiting multiple nationalities when, for instance, giving up a previous nationality would bring considerable disadvantages to the person applying for German nationality.
The Committee noted the establishment of the foundation for the compensation of persons subjected to forced labour, and welcomed that this foundation would benefit also Sintis and Romas.
The Committee appreciated the readiness of the delegation to answer a great variety of questions concerning Germany's response to the concerns of developing countries with respect to the high prices of medicines for persons living with and suffering from HIV/AIDS.
Referring to subjects of concerns and recommendations, the Committee shared Germany's particular concern that despite appropriate actions undertaken and significant improvements of the different means to prevent and punish right-wing extremist, xenophobic and anti-Semitic crimes, the number of racist-related incidents, which had more or less stagnated during the 1990s, had suddenly and dramatically increased during 2000. While welcoming the work that had already been accomplished to identify the specific causes of such phenomenon, the Committee encouraged Germany to reinforce its efforts to prevent and combat such acts, including through further studies and research, in order to understand fully the reasons for the recent increase in racial violence and to devise appropriate measures.
The Committee was further concerned about repeated reports of racist incidents in police stations as well as ill-treatment inflicted by law enforcement officials on foreigners, including asylum seekers, and German nationals of foreign origin. Although the number of these incidents had diminished recently, the Committee urged Germany to strengthen existing educational measures for civil servants who dealt with issues involving foreigners, including asylum seekers and German nationals of foreign origin.
Concerned by the increase of racist propaganda on the Internet and that this trend was likely to become more significant in the future, the Committee encouraged Germany to seek further solutions in order to tackle this problem.
Germany was invited in its next periodic report to provide further information on the following issues: updated information on the number of persons of foreign origin in the police forces; information on the new draft anti-discrimination legislation in the field of both civil and labour law; and updated information on the numbers of persons who had been convicted following racist incidents.
The Committee noted that Germany had not made the declaration provided for in article 14 of the Convention. Taking into account the high number of racist incidents, the fact that citizens of Germany could submit complaints to the European Court of Human Rights and the fact that Germany had signed Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms, some of the Committee Experts requested that the possibility of such a declaration be further considered.
Noting that Germany's report had been made readily available to the public from the time it was submitted, the Committee recommended that its concluding observations be similarly publicized. It encouraged Germany to insert the concluding observations on the appropriate ministry's website.
The Committee recommended that Germany submit its sixteenth and seventeenth periodic reports jointly with its eighteenth periodic report, due on 15 June 2004, and that it address the points raised in the present observations.
Conclusions and Recommendations on the Ninth, Tenth and Eleventh Reports of Sudan
On the positive aspects of the reports of Sudan, the Committee noted with interest Sudan's increasing willingness to cooperate with some of the United Nations bodies, international agencies and non-governmental organizations in the field of human rights, including on matters relating to racial discrimination.
The Committee welcomed that international treaties ratified by Sudan formed part of domestic law and the information that treaties took precedent over national legislation in case of conflict.
The Committee welcomed the adoption by a national referendum of the 1998 Constitution, and commended the Constitution for recognizing the cultural diversity of Sudan. In this regard, the Committee noted the efforts by all parties to implement the Constitutional Decree 14 of 1997 (Khartoum Peace Agreement), which would end with a general referendum in the south for either unity or succession.
The Committee welcomed the efforts made by Sudan to put into place a legislative framework, based on the common law system, to ensure the protection of constitutional rights and freedoms and in particular the 1998 amendment to the Criminal Act, making racial discrimination a specific crime.
The Committee commended the development of some institutional structures to guarantee the objectives of the Constitution, including the Constitutional Court, the Office of the Ombudsman and the Advisory Council for Human Rights.
Listing a factor impeding the implementation of the Convention, the Committee was mindful of the long-lasting and on-going civil war, fuelled by a complexity of issues relating to ethnicity, race, religion and culture, and involving violations of human rights by all parties to the armed conflict. The massive loss of life, destruction of property, abductions, a decline in financial and material resources and political conflict overshadowed all efforts made by Sudan to implement the Convention.
Under concerns and recommendations, the Committee wrote that although it noted certain information given orally by the delegation, particularly the socio-economic indicators relating to women and children, the Committee regretted the lack of details in the report concerning the demographic composition of the population. It recommended that Sudan provide in its next report full details on the composition of the population as requested in the reporting guidelines of the Committee.
With regard to articles 4, 5, 6 of the Convention, the Committee recommended that Sudan continue its efforts to establish a domestic legal order giving full effect to the provisions of the Conventions and to ensure effective and equal protection remedies through the competent national tribunals and other State institutions against any acts of racial discrimination and related intolerances.
The Committee further reiterated its recommendations to Sudan to implement immediately effective measures to guarantee all Sudanese, without distinction based on race, colour, descent or national or ethnic origin, freedom of religion, opinion, expression and association; the right to security of person and protection by the State against violence or bodily harm; the right to study and communicate in a chosen language, and the right to enjoy their own culture without interference.
The Committee repeated its concern over continuous reports and allegations regarding the abduction by armed militia of primarily women and children belonging to different ethnic groups.
The Committee was deeply concerned about the forced relocation of civilians from the Nuer and Dinka ethnic groups in the Upper Nile region and reports that the relocations involved significant military force resulting in civilian casualties.
The Committee remained concerned about the large number of internally displaced communities within the territory of Sudan due to the civil war and natural disasters. The Committee urged Sudan to do everything in its power to achieve a peaceful settlement of the war, which undermined efforts of combatting ethnic, racial and religious discrimination.
The Committee noted that different standards of treatment were reportedly used for different categories of asylum-seekers. Fearing that Arab asylum-seekers would be deprived of the protection granted to other categories, the Committee recommended that Sudan apply international and regional standards pertaining to refugees equally.
The Committee invited Sudan to provide in its next report the cases pertaining specifically to violations of the Convention.
The Committee recommended that Sudan's reports be made readily available to the public from the time they were submitted and that the concluding observations on them be similarly publicized.
It was noted that Sudan had not made the declaration provided for in article 14.
The Committee recommended that Sudan ratify the amendments to article 8, paragraph 6 of the Convention.
The Committee recommended that Sudan submit its twelfth periodic report jointly with its thirteenth periodic report, due on 20 April 2002, and that it address all the points raised in the present observations.
* *** *
58th session
21 March 2001
Morning
The Committee on the Elimination of Racial Discrimination this morning offered its conclusions and recommendations on the fifteenth report of Germany and the ninth, tenth and eleventh reports of Sudan. The reports, which were presented to the Committee earlier in its three-week session, detail how each of the countries implements the rights and mandates enshrined within the International Convention on the Elimination of all Forms of Racial Discrimination.
With regards to the report of Germany, the Committee welcomed that additional extreme right-wing associations had been banned since the country’s last report The Committee also noted the efforts made by the Government, as well as by the Federal Council and the Federal Parliament, to bring the important and delicate issue of constitutionality of the National Democratic Party of Germany (NPD) before the German Constitutional Court. Finally, the Committee was pleased to see that measures taken by Germany in order to combat racial propaganda were effectively implemented, leading to the conviction by the judicial authorities of approximately 900 people during 1998.
Under areas of concern, the Committee shared Germany's particular concern that despite appropriate actions undertaken and significant improvements of the different means to prevent and punish right-wing extremist, xenophobic and anti-Semitic crimes, the number of racist-related incidents, which had more or less stagnated during the 1990s, had suddenly and dramatically increased during 2000. While welcoming the work that had already been accomplished to identify the specific causes of such phenomenon, the Committee encouraged Germany to reinforce its efforts to prevent and combat such acts, including through further studies and research, in order to understand fully the reasons for the recent increase in racial violence and to devise appropriate measures.
In its conclusions on the situation in Sudan, the Committee welcomed the adoption by national referendum of the 1998 Constitution, and commended the Constitution for recognizing the cultural diversity of Sudan. In this regard, the Committee noted the efforts by all parties to implement the Constitutional Decree 14 of 1997 (Khartoum Peace Agreement), which would end with a general referendum in the South for either unity or succession.
Under concerns and recommendations, the Committee said that although it noted certain information given orally by the delegation, particularly the socio-economic indicators relating to women and children, the Committee regretted the lack of details in the report concerning the demographic composition of the population. Sudan was recommended to provide in its next report full details on the composition of the population as requested in the reporting guidelines of the Committee.
The Committee also this morning addressed the situation of the implementation of the provisions of the Convention in Sierra Leone without a report. The country last filed a report in 1974.
When the Committee resumes its meeting at 3 p.m., it will continue to discuss its draft conclusions and recommendations on country reports that it considered during its session which concludes on Friday, 23 March.
Conclusions and Recommendations on the Fifteenth Report of Germany
Citing the positive aspects of the report of Germany, the Committee welcomed recent developments that had taken place in the field of human rights. It noted in particular the creation of the independent German Institute of Human Rights, the setting up by the Federal Parliament of a Human Rights Committee as well as the publication of the Federal Government's biannual Human Rights Report, which in future would give more attention to internal human rights issues.
With regard to the implementation of article 4 of the Convention and the fight against racist organizations and propaganda, the Committee welcomed that since Germany's previous report, additional extreme right-wing associations had been banned. In this regard, the Committee also noted the efforts made by the Government, as well as by the Federal Council and the Federal Parliament, to bring the important and delicate issue of constitutionality of the National Democratic Party of Germany (NPD) before the German Constitutional Court. Finally, the Committee was pleased to see that measures taken by Germany in order to combat racial propaganda were effectively implemented, leading to the conviction by the judicial authorities of approximately 900 people during 1998.
The Committee also welcomed the establishment of three new special programmes aimed at combatting racism and xenophobia among young people.
The Committee noted with satisfaction the improvements brought about by the recent reform of the nationality law and, particularly, the partial incorporation of the principle of "jus soli" and the expanding of exceptions to the principle prohibiting multiple nationalities when, for instance, giving up a previous nationality would bring considerable disadvantages to the person applying for German nationality.
The Committee noted the establishment of the foundation for the compensation of persons subjected to forced labour, and welcomed that this foundation would benefit also Sintis and Romas.
The Committee appreciated the readiness of the delegation to answer a great variety of questions concerning Germany's response to the concerns of developing countries with respect to the high prices of medicines for persons living with and suffering from HIV/AIDS.
Referring to subjects of concerns and recommendations, the Committee shared Germany's particular concern that despite appropriate actions undertaken and significant improvements of the different means to prevent and punish right-wing extremist, xenophobic and anti-Semitic crimes, the number of racist-related incidents, which had more or less stagnated during the 1990s, had suddenly and dramatically increased during 2000. While welcoming the work that had already been accomplished to identify the specific causes of such phenomenon, the Committee encouraged Germany to reinforce its efforts to prevent and combat such acts, including through further studies and research, in order to understand fully the reasons for the recent increase in racial violence and to devise appropriate measures.
The Committee was further concerned about repeated reports of racist incidents in police stations as well as ill-treatment inflicted by law enforcement officials on foreigners, including asylum seekers, and German nationals of foreign origin. Although the number of these incidents had diminished recently, the Committee urged Germany to strengthen existing educational measures for civil servants who dealt with issues involving foreigners, including asylum seekers and German nationals of foreign origin.
Concerned by the increase of racist propaganda on the Internet and that this trend was likely to become more significant in the future, the Committee encouraged Germany to seek further solutions in order to tackle this problem.
Germany was invited in its next periodic report to provide further information on the following issues: updated information on the number of persons of foreign origin in the police forces; information on the new draft anti-discrimination legislation in the field of both civil and labour law; and updated information on the numbers of persons who had been convicted following racist incidents.
The Committee noted that Germany had not made the declaration provided for in article 14 of the Convention. Taking into account the high number of racist incidents, the fact that citizens of Germany could submit complaints to the European Court of Human Rights and the fact that Germany had signed Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms, some of the Committee Experts requested that the possibility of such a declaration be further considered.
Noting that Germany's report had been made readily available to the public from the time it was submitted, the Committee recommended that its concluding observations be similarly publicized. It encouraged Germany to insert the concluding observations on the appropriate ministry's website.
The Committee recommended that Germany submit its sixteenth and seventeenth periodic reports jointly with its eighteenth periodic report, due on 15 June 2004, and that it address the points raised in the present observations.
Conclusions and Recommendations on the Ninth, Tenth and Eleventh Reports of Sudan
On the positive aspects of the reports of Sudan, the Committee noted with interest Sudan's increasing willingness to cooperate with some of the United Nations bodies, international agencies and non-governmental organizations in the field of human rights, including on matters relating to racial discrimination.
The Committee welcomed that international treaties ratified by Sudan formed part of domestic law and the information that treaties took precedent over national legislation in case of conflict.
The Committee welcomed the adoption by a national referendum of the 1998 Constitution, and commended the Constitution for recognizing the cultural diversity of Sudan. In this regard, the Committee noted the efforts by all parties to implement the Constitutional Decree 14 of 1997 (Khartoum Peace Agreement), which would end with a general referendum in the south for either unity or succession.
The Committee welcomed the efforts made by Sudan to put into place a legislative framework, based on the common law system, to ensure the protection of constitutional rights and freedoms and in particular the 1998 amendment to the Criminal Act, making racial discrimination a specific crime.
The Committee commended the development of some institutional structures to guarantee the objectives of the Constitution, including the Constitutional Court, the Office of the Ombudsman and the Advisory Council for Human Rights.
Listing a factor impeding the implementation of the Convention, the Committee was mindful of the long-lasting and on-going civil war, fuelled by a complexity of issues relating to ethnicity, race, religion and culture, and involving violations of human rights by all parties to the armed conflict. The massive loss of life, destruction of property, abductions, a decline in financial and material resources and political conflict overshadowed all efforts made by Sudan to implement the Convention.
Under concerns and recommendations, the Committee wrote that although it noted certain information given orally by the delegation, particularly the socio-economic indicators relating to women and children, the Committee regretted the lack of details in the report concerning the demographic composition of the population. It recommended that Sudan provide in its next report full details on the composition of the population as requested in the reporting guidelines of the Committee.
With regard to articles 4, 5, 6 of the Convention, the Committee recommended that Sudan continue its efforts to establish a domestic legal order giving full effect to the provisions of the Conventions and to ensure effective and equal protection remedies through the competent national tribunals and other State institutions against any acts of racial discrimination and related intolerances.
The Committee further reiterated its recommendations to Sudan to implement immediately effective measures to guarantee all Sudanese, without distinction based on race, colour, descent or national or ethnic origin, freedom of religion, opinion, expression and association; the right to security of person and protection by the State against violence or bodily harm; the right to study and communicate in a chosen language, and the right to enjoy their own culture without interference.
The Committee repeated its concern over continuous reports and allegations regarding the abduction by armed militia of primarily women and children belonging to different ethnic groups.
The Committee was deeply concerned about the forced relocation of civilians from the Nuer and Dinka ethnic groups in the Upper Nile region and reports that the relocations involved significant military force resulting in civilian casualties.
The Committee remained concerned about the large number of internally displaced communities within the territory of Sudan due to the civil war and natural disasters. The Committee urged Sudan to do everything in its power to achieve a peaceful settlement of the war, which undermined efforts of combatting ethnic, racial and religious discrimination.
The Committee noted that different standards of treatment were reportedly used for different categories of asylum-seekers. Fearing that Arab asylum-seekers would be deprived of the protection granted to other categories, the Committee recommended that Sudan apply international and regional standards pertaining to refugees equally.
The Committee invited Sudan to provide in its next report the cases pertaining specifically to violations of the Convention.
The Committee recommended that Sudan's reports be made readily available to the public from the time they were submitted and that the concluding observations on them be similarly publicized.
It was noted that Sudan had not made the declaration provided for in article 14.
The Committee recommended that Sudan ratify the amendments to article 8, paragraph 6 of the Convention.
The Committee recommended that Sudan submit its twelfth periodic report jointly with its thirteenth periodic report, due on 20 April 2002, and that it address all the points raised in the present observations.
* *** *