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23 March 2000
Afternoon



The Committee on the Elimination of Racial Discrimination this afternoon adopted its concluding observations and recommendations on the reports of Denmark, Rwanda, Lesotho and Bahrain which it considered earlier in its session.

Concerning the report of Denmark, the Committee considered as a positive aspect the preparation in 1999 of an inter-ministerial and comprehensive report on existing integration problems and a plan of action to improve the integration of aliens. It expressed concerns about the high unemployment rates existing within ethnic minority communities.

Concluding observations on the report of Rwanda included appreciation for the State party's efforts to establish an independent Human Rights Commission. The Committee urged the Government to take further measures to reduce periods of pre-trial detention and to ensure equal treatment of detainees before the law.

Lesotho was welcomed back to the Committee after a 16-year hiatus, but the Committee expressed concern about the increasing expressions of xenophobia in the country.

And Bahrain was congratulated for its establishment of the Committee for Human Rights. The Committee expressed concerns about assessing the extent of protection afforded to foreigners or non-ethnic Bahrainis of the rights and freedoms contained in article 5 of the Convention, as provided for in the Constitution.

Committee experts participating in the discussion this afternoon were Luis Valencia Rodriguez, Ion Diaconu, Mario Jorge Yutzis, Yuri Rechetov, Marc Bossuyt, Regis de Gouttes, Patricia January-Bardill, Brun-Otto Bryde, Agha Shahi, Francois Lonseny Fall, Peter Noble, Mahmoud Aboul-Nasr, Michael Banton, Agha Shahi, Gay McDougall, Deci Zou and Raghavan Vasudevan Pillai.

The Committee reconvenes at 10 a.m. on Friday, 24 March, the last day of its session, to adopt its remaining observations and conclusions on the country reports of Australia and Estonia.

Concluding Observations and Recommendations on the Report of Denmark

Concerning the report of Denmark, the Committee appreciated the detailed answers to its experts's questions, and the frank dialogue with the delegation.

The Committee noted the preparation in 1999 of an inter-ministerial and comprehensive report on existing integration problems and a plan of action to improve the integration of aliens. The Committee also noted that the action plan was launched in February 2000 and contained over 75 concrete initiatives and measures.

The Committee viewed that the 1998 Act on Integration of Aliens was an area of concern, as it transferred the responsibility for integration from the central to the local authorities. The Committee was also concerned about activities of organizations promoting racial hatred and discrimination, particularly in relation to a radio station owned by a neo-Nazi association whose licence was renewed by the Ministry of Culture. The radio station also benefited from Government financing.

The Committee thanked the Danish Government for its quick response on the matter of an Iraqi widow who was allocated housing far from her only relatives in the country. After this case was highlighted by the Committee, the Government had changed its way of allocating housing to refugees.

The Committee stated its concern about decisions regarding housing quotas for newly arrived refugees which could be arbitrary in their effects. The Committee recommended that the State party adopt rules of procedures regarding the right to access housing for refugees that were in line with the principles and provisions of the Convention.

The Committee suggested that the sanctions decided under the Criminal Code be applied proportionally with the nature of the related crime as it was concerned that grave acts of racism had received light sanctions.

The Committee was particularly concerned about the high unemployment among foreigners and their access to employment, and recommended that the State party take all effective measures to reduce unemployment among foreigners and facilitate the integration of people belonging to ethnic minorities in the public administration. Also, the Committee recommended that the Convention be translated into the Greenlandic language.

The Committee reiterated that the Convention be widely disseminated throughout sectors of society in Denmark, and that the public be informed about the remedies available under article 14 of the Convention.

Concluding Observations and Recommendations on the Report of Rwanda

The Committee noted that Rwanda's previous report was in 1998, and that the report considered by the Committee this session focused primarily on the legislative and practical sets taken by the State party to eliminate institutionalized and other forms of racial discrimination. The Committee commended this action, and noted with satisfaction the establishment of an independent national Human Rights Commission with a mandate to monitor and promote respect for human rights and the management of State institutions with responsibility for the implementation and protection of human rights, including those covered by the Convention.

The Government, it was noted, had made efforts to remove from official texts and speeches, as well as identity cards, all references to ethnic distinctions. Additionally, the Committee commended the efforts by the State party to improve the economic and social rights of the Twa, notably through the provision of housing facilities.

The Committee recommended that Rwanda continue to address impunity through the judicial process and urged it to make additional efforts to adequately respond to and prevent acts committed by members of the military or civilian authorities.

Concerning incarceration, the Committee recommended that the State party continue its efforts to respect minimum standards of detention. It urged the Government to take further measures to reduce periods of pre-trial detention and to ensure the equal treatment of detainees before the law. Where lesser offenders had confessed to their crimes, the Committee recommended that an amnesty should be granted. Additionally, the Committee voiced its concerns about young children spending long periods in detention. The State party should make efforts to reintegrate such juveniles into the community. This recommendation took into account the serious and tragic acts which some juveniles were accused of by the courts. The State party must avoid any action leading to outbursts of ethnic violence, especially involving juveniles.

The Committee was concerned about reports on the intimidation of judicial authorities seeking to investigate and address human rights violations committed since 1994 against Hutus. The Committee noted that the genocide of 1994 was among the worst evils that humanity had experienced in recent times.

The Committee called upon the State party to make additional efforts to investigate allegations of serious ethnic violence and humanitarian law violations that might have been committed and to address these acts through the judicial process. Full respect for human rights must be maintained for accused and detained people. Also, protection must be provided for the civilian population against future threats by armed groups.

Concluding Observations and Recommendations on Report of Lesotho

The Committee welcomed the opportunity to resume its dialogue with Lesotho after a 16-year hiatus. It welcomed the Constitutional status granted to the protection of human rights and the recognition of the principle of equality of persons in the State party's Constitution, in particular Section 18, which was designed to preclude any form of discrimination, including racial discrimination.

Concerns of the Committee included the recent tensions between Lesotho nationals and Asian and South African white factory owners. This had led to kidnappings, violence and the immigration of Asians out of fear.

Increasing expressions of xenophobia had increased acts of racially motivated discrimination in Lesotho. The Committee felt that the country needed a comprehensive legislative framework penalizing and prohibiting such acts. It encouraged the State party to establish appropriate and effective remedies and recourse mechanisms.

The Committee recommended that Lesotho, in its next periodic report, provide further information on the ethnic composition of the population and the principal socio-economic situation as well as on measures taken to implement article 7 of the Convention.

The Committee recommended that the State party's reports be made readily available to the public and the Committee's observations be similarly widely communicated.

Concluding Observations and Recommendations on the Report of Bahrain

The Committee welcomed the report and appreciated the way it was prepared according to the Committee's guidelines. It also welcomed the establishment of the Committee for Human Rights in Bahrain, and the fact that Bahrain had acceded to several international human rights instruments.

The Committee noted the absence in the report of data desegregated according to ethnicity and nationality. It also noted the absence of examples of the practical implementation of the Convention, and the lack of any information about the Committee for Human Rights its responsibilities, composition, methods and achievements in combating racial discrimination.

Bahraini legislation, the Committee felt, stated that the prohibition of racial discrimination was conditional upon it being contrary to public peace. However, the Committee emphasized that not all issues of racial discrimination would necessarily disrupt public order or morality. Therefore the Committee encouraged the State party to continue its review of legislation, taking into consideration the Committee's views.

Relevant information was also lacking about the extent of protection afforded to foreigners, as article 5 of the Convention stipulated.

The Committee recommended that the report by Bahrain be made available to the public, and its concluding observations be accorded the same privilege.


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