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20 March 2000

20 March 2000
Morning



The Committee on the Elimination of Racial Discrimination this morning concluded its consideration of the report of Lesotho on how that country implements the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination and took up the report of Bahrain.

In response to questions raised by Committee experts on Friday, the delegation of Lesotho, which was led by Attorney-General L.F. Maema, said that there were two organizations which dealt with racial integration and promotion of racial harmony in the country. They were the Chinese Association and the Indian Association and they worked hand in hand with the local communities whenever there were natural disasters. They also promoted social integration for everyone.

Gay McDougall, the Committee expert who served as country rapporteur to the report of Lesotho, urged the Government to take early steps to effectively reduce racial tensions, to implement anti-racial laws, to end discrimination and to increase education about racial discrimination.

The final observations and recommendations of the Committee on the report of Lesotho will be presented towards the end of session which concludes on 24 March.

Also this morning, the Committee started its consideration of the report of Bahrain. The head of the delegation of Bahrain, Abdulaziz Attiat Allah Al-Khalifa, Governor of the capital, said that Bahrain was a tolerant country and the people displayed a spirit of fraternity, trustworthiness, and honesty in their dealings. There was no form of bigotry, segregation or discrimination. The constitutional, legal and administrative systems of Bahrain and Islamic Shariah jurisprudence, which was considered a primary source of law in Bahrain, affirmed the equality of all human beings and contained sufficient guarantees to combat all forms of racial discrimination.

Luis Valencia Rodriguez, the Committee expert who served as country rapporteur to the report of Bahrain, asked about allegations of discrimination against some religious groups, foreign workers, and domestic helpers. He also noted that many of the top positions in the Government and the military were occupied by members of the ruling family.

The delegation of Bahrain was also made up of Ahmed Al-Hadda, Permanent Representative of Bahrain to the United Nations Office at Geneva, as well as other members of the Mission.

Lesotho and Bahrain are among the 155 States parties to the Convention and as such are obligated to present periodic reports to the Committee on their efforts to implement the provisions of the treaty.

When the Committee reconvenes at 3 p.m., it will continue its consideration of the report of Bahrain.

Discussion of Report of Lesotho

In response to questions raised on Friday afternoon by Committee experts, the delegation of Lesotho said the Labour Department, the Lesotho National Development Corporation and Trade Unions were engaged in a dialogue to resolve the Labour dispute between Chinese employers and Basoth employees.

The delegation said that schooling was free for primary students. Islamic schools had been challenged about applications accepted from Basotho children but African children had access to the schools.

Concerning the Chinese Association and the Indian Association, the delegation said they helped with the local communities in natural disasters and acted to promote an end to social discrimination.

The Government was reviewing the incorporation in national law of Article 4 (a) and (b) of the Convention.

In response to the question on complaints raised with the office of the Ombudsman with regard to racial discrimination, the delegation said there was one case concerning the non-registration of a surgeon from another country. This complaint was solved by the Ombudsman in favor of the surgeon.

With regards to whether Lesotho had disseminated information to promote racial harmony and tolerance, the delegation said that the country did not yet have an educational programme on racial tolerance and racial harmony. However, sporting events had been held and promoted with the intention of developing better racial understanding, tolerance and a spirit of friendship.

Concerning the status of the Convention in Lesotho, the delegation said that the legal system of the United Nations and all international conventions and treaties were non-executing, but they required the enactment of domestic legislation for them to be operational.

Gay McDougall, the Committee expert who served as rapporteur to the country report of Lesotho, thanked the delegation for its responses. She said that even though Lesotho had not suffered from racial discrimination problems until now, it was clear that xenophobia was on the increase, especially against Asian, European and South African immigrants who played an important role in the economy of Lesotho. She urged the Government to take early steps to effectively reduce racial tensions, implement anti-racial laws, end discrimination and increase education about racial discrimination.

Report of Bahrain

The report of Bahrain states that it has always been a major hub of international trade and by virtue of this strategic location, the Bahraini people exhibit principal distinct characteristics like tolerance and the absence of any form of bigotry, segregation or discrimination. After listing general indicators concerning Bahrain, the report lists Bahrain’s implementation of the provisions of the treaty on an article-by-article basis. For example, it states that legal redress is one of the public rights that the Constitution guarantees to all. The Convention has become part of the country’s law and is binding to all authorities.

The report also states that Bahrain is an importer of foreign labor. The total estimated labor force of 283,269 persons in 1997 included 176,721 non-Bahrainis. Foreigners working in Bahrain enjoy the same services and insurance benefits as citizens.

Presentation of Bahrain’s report

ABDULAZIZ ATTIYAT ALLAH AL-KHALIFA, Governor of the capital of Bahrain, stated that Bahrain was a tolerant country and the people displayed a spirit of fraternity, trustworthiness, and honesty in their dealings. There was no form of bigotry, segregation or discrimination.

Mr. Al-Khalifa said that the accession of Bahrain to the International Convention on the Elimination of All Forms of Racial Discrimination of 1965 reflected the commitment of Bahrain to the principle of equality and the rejection of all forms of racial discrimination.

The constitutional, legal and administrative systems of Bahrain and Islamic Shariah jurisprudence, which was considered a primary source of law in Bahrain, affirmed the equality of all human beings and contained sufficient guarantees to combat all forms of racial discrimination.

Mr. Al-Khalifa stated that he regretted the delay in producing the report, but it was constrained by the lack of human resources. The report has been prepared with the cooperation of various ministries and other concerned authorities within the country.

The head of the delegation reported that foreigners in Bahrain were treated with respect and appreciation in accordance with the spirit of equality and fraternity that characterized Bahraini society and its laws. The country encouraged foreigners to contribute to life in Bahrain. The country had also taken steps to inform citizens of their rights under the Convention. Educational institutions also emphasized the importance of the provisions of the treaty.

Mr. Al-Khalifa stated that Article 4 of the Convention was enacted by Article 172 of Bahrain’s Penal Code, which criminalized the instigation of hating a sect of people. The law also stated that any organization involved in activities related to discrimination or the instigation of it, was prohibited. Bahrain was also aware that there was a need to implement other aspects of the Convention in national legislation, and in relation to prohibition and penalties. Therefore, several national committees were currently studying amendments to Bahrain’s Criminal Code to reflect these aspects of the Convention.

In closing, Mr. Al-Khalifa reaffirmed the State of Bahrain's commitment to cooperating with the Committee and to benefiting from its experience and from the discussions that would take place, with the goal of effectively implementing the Convention.


Examination of Report of Bahrain

Luis Valencia Rodriguez, the Committee expert who served as rapporteur to the report of Bahrain, thanked the delegation for the submission of the report. He congratulated Bahrain for its free health care and education for both residents and non-residents, and the impressive economic growth figures.

He asked that the next report highlight how the country's Constitution, relating to anti-discrimination laws, was actually applied. He also asked about Bahrain’s ratification of other conventions so that the country was fully up to date with the important international agreements in national law.

Mr. Rodriguez noted that the obligation to Article 4 of the Convention was not developed in the Constitution of Bahrain. Article 4 should be more explicit within Bahraini law, and should be free from conditions. The Committee hoped that the Government would review the application of Article 4, and would take into account the recommendations taken by the Committee.

Mr. Rodriguez asked about allegations of discrimination against some religious groups, foreign workers, and domestic helpers.

Also, it was noted that many of the top positions in Government and the military were members of the ruling family. Questions were asked if the Government has given permanent residency rights to long-term residents. The Committee also asked for clarification of the role of NGOs in the country to promote human rights.



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