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21 August 2000

CERD
57th session
21 August 2000
Afternoon





The Committee on the Elimination of Racial Discrimination this afternoon adopted its conclusions and recommendations on the report of the United Kingdom on how that country was implementing the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.

The Committee adopted the document on a paragraph-by-paragraph basis, making amendments and new propositions. It recommended, among other things, that the United Kingdom develop an interdepartmental strategy in combatting racial discrimination; and that it take steps to address the backlash among police officers concerning the reported negative response from certain parts of the police force to recent criticism brought forward by the Lawrence Inquiry Report.

The Committee expressed deep concerns that racist attacks and harassment were continuing and ethnic minorities were feeling increasingly vulnerable; and it was also concerned about the findings of "institutional racism", within the police force and other public institutions, which had resulted in serious shortcomings with regard to investigations into racist incidents.

The United Kingdom is among the 156 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination and as such it is obligated to submit periodic reports on its performance to give effect to the provisions of the treaty.

When the Committee reconvenes at 10 a.m. on Tuesday, 22 August, it will deal with matters concerning its methods of work. It will take up the fifteenth periodic report of Ghana in the afternoon (CERD/C/338/Add.5).

Concluding Observations and Recommendations on Report of the United Kingdom

Among positive aspects in the fifteenth periodic report of the United Kingdom, the Committee welcomed the recent legislative measures which introduced higher maximum penalties for racially motivated crimes; and the 1998 Northern Ireland Act establishing a new independent Human Rights Commission for Northern Ireland, among other things. It also welcomed the Action Plan developed by the Government, as follow-up to the findings of the independent Stephen Lawrence judiciary inquiry; noted with interest the number of innovating recommendations contained in the inquiry report and the action plan, including that a record be made by police officers of all "stops and searches" under any legislative provision and that the record contain the self-defined ethnic identity of the person stopped.

Further, the Committee found as positive aspects the innovating steps taken by the United Kingdom to create an effective administrative and institutional framework to combat or prevent racial discrimination; that the Roma minority was considered a racial group covered by the 1976 Race Relations Act; and it welcomed the use of ethnic monitoring to ascertain the number of persons of particular ethnic and national origin in various kinds of employment and the setting of targets to increase the employment of persons of minority origins in fields where they were under-represented.

Among the Committee's concerns was the position maintained by the United Kingdom with regard to the non-inclusion of the full substance of the Convention within the domestic legal order. The Committee reiterated its concern that full effect had therefore not been given to the provisions of the Convention and that individuals could not be protected from any discriminatory practices unless they had been explicitly prohibited by parliament. It reiterated its concern regarding the restrictive interpretation by the State party of the provisions of article 4 of the Convention and maintained that such an interpretation was in conflict with the United Kingdom's obligations under article 4(b) of the Convention; it recalled that all provisions of article 4 were of mandatory character and that prohibition of dissemination of racist ideas was compatible with the right to freedom of expression; and it noted the apparent absence of a comprehensive legislation to combat racial discrimination despite the numerous separate initiatives taken by the State party.

The Committee further expressed deep concerns that racist attacks and harassment were continuing and ethnic minorities were feeling increasingly vulnerable; about the findings of "institutional racism", within the police force and other public institutions, which had resulted in serious shortcomings with regard to investigations into racist incidents; that asylum seekers might not have adequate access to expert legal services; about high level of unemployment among ethnic minority groups; about racist harassment and bullying in schools; and that ethnic minorities continued to be disproportionately excluded from schools.

The Committee recommended, among other things, that the State party develop an interdepartmental strategy in combatting racial discrimination; that it take steps to address the backlash among police officers concerning the reported negative response from certain parts of the police force to recent criticism brought forward by the Lawrence Inquiry Report; that the United Kingdom take leadership in sending out positive messages about asylum seekers and in protecting them from racial harassment; that a strategy be implemented ensuring that asylum seekers had access to essential services and to ensure that their basic rights were protected; that efforts be intensified to ensure full enjoyment of all, of the rights provided in article 5 of the Convention, giving particular attention to the rights to employment, education, housing and health; and that it continue efforts to encourage Overseas Territories to proceed to the adoption of specific legislation against racial discrimination.


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