PORTUGAL SUBMITS REPORT TO UNITED NATIONS COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION

AFTERNOON
HR/CERD/99/9
4 March 1999



Portugal submitted a report this afternoon to the Committee on the Elimination of Racial Discrimination on how the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination were being implemented in that country.

Introducing the report, José Leitao, High Commissioner for Immigration and Ethnic Minorities of Portugal and head of the delegation, noted that public opinion polls had shown that Portuguese were the least racist among countries of the European Union. He said 58 per cent of the population considered itself to be non-racist while in the European Union, 33 per cent of citizens were openly racist and xenophobic.

Ivan Garvalov, the Committee expert who served as country rapporteur to the Portuguese report, said that despite the fourth revision of the country's Constitution, no provision was included which specifically prohibited racial discrimination except by setting out the general principle of non-discrimination and equality.

Also participating in the discussion were Committee experts Luis Valencia Rodriguez, Ion Diaconu, Régis de Gouttes, Carlos Lechuga Hevia, Mario Jorge Yutzis, and Theodoor van Boven.

As one of 153 States parties to the Convention, Portugal has to submit periodic reports to the Committee on its efforts to implement the provisions of the treaty.

When the Committee reconvenes at 10 a.m. on Friday, 5 March, it will continue its consideration of the report of Portugal.

Report of Portugal

The report of Portugal (document CERD/C/314/Add.1) enumerates the measures undertaken by the Government to implement the Convention on an article-by-article basis. It says that the country's Constitution had been revised for the fourth time to include provisions to combat racial discrimination and to strengthen the rights guaranteed by the Constitution itself. The report says that the Constitution establishes the principle of non-discrimination, according to which no one may enjoy a privilege or benefit, be deprived of a right, or be exempted from an obligation on account of his race.

The report states that problems of racial discrimination arise essentially within the country and are not connected with nationality. However, the fact of being a foreigner sometimes evokes in nationals a different, and possibly discriminatory attitude to foreigners. Foreigners and stateless persons residing in Portugal enjoy the same rights and are subject to the same duties as Portuguese citizens.

In addition, the report says that although Portugal is a country whose past is largely responsible for its present multicultural component, it is now beginning to face flows of immigration that are being more strongly felt. Among the groups that may be the object of racial discrimination, there are traditional ethnic groups such the Gypsies and foreigners from Portuguese-speaking countries. However, compared with other European countries, Portugal experiences relatively few phenomena of discrimination and xenophobia.

Introduction of Report

JOSE LEITAO, High Commissioner for Immigration and Ethnic Minorities of Portugal, said that significant developments had taken place in recent years in the country pertaining to constitutional legislation and other positive laws. The Constitutional revision of 1997 had introduced new provisions to start the fight against racial discrimination.

The Portuguese Constitution, which already prohibited fascist organizations, had included a provision which explicitly prohibited racist organizations, Mr. Leitao went on to state. Another article was also added to make public deputies lose their mandate in the event that they were found to belong to a racist organization. Already, the Constitution had determined that no one was entitled to special treatment or could receive privileges because of his race, language or place of birth, he added.

Mr. Leitao stressed that the revised Constitution had provided for the defence of the rights of freedom of persons, including the victims of racial discrimination, through judicial procedures. In addition, the punishment for the offence of racial discrimination had also been strengthened by a new law on racial discrimination and religion. Besides national origins, religion had also been added to the list of possible discrimination issues.

Mr. Leitao said that his country actively participated in anti-racist initiatives at the international level. At the European level, it had actively played a role in the campaign "All Different, All Equal" together with numerous non-governmental organizations.

In conclusion, Mr. Leitao said that according to public opinion polls, the Portuguese were the least racist among countries of the European Union. He said 58 per cent of the population considered itself to be non-racist while in the European Union, 33 per cent of citizens were openly racist and xenophobic.

Discussion

IVAN GARVALOV, the Committee expert who served as country rapporteur to the report of Portugal, said that the country for the fourth time had undergone a revision of its Constitution. However, it still had not specifically prohibited racial discrimination, except by setting out the general principle of non-discrimination and equality.

Mr. Garvalov said that the Portuguese Constitution, while enshrining the principle of equality and non-discrimination and mentioning the norm of racism, did not incorporate the term racial discrimination as contained in the Convention. He said that racism was placed within the context of fascist ideology without being defined separately and specifically.

Concerning the direct applicability of the Convention domestically, Mr. Garvalov said that rules laid down by the competent organs of international organizations to which Portugal belonged should be applied in domestic law, in so far as what was expressly provided for in the relevant constitutive treaties. However, there remained reasonable doubt as to whether or not the Convention was directly applicable in Portuguese law.

Mr. Garvalov said that in the report, Portugal had admitted to the existence of some 40,000 Gypsies, with the reservation that it was "not making reference to race, which was not permitted under the Portuguese legal system". However, Portugal used "insertion" for Gypsies while using "integration" for the immigrants. It was said that the Gypsies came to Portugal in the 15th Century. He also noted that there was no mention, apart from the Gypsies, of any other ethnic groups in the report.

Commenting on the criminal law provisions, Mr. Garvalov said that there was no specific legislation in Portugal concerning the prohibition of racial discrimination. In recent years, there had been violent racist activities primarily carried out against blacks, Roma, Gypsies and foreigners. The main perpetrators were neo-Nazi groups.

Other Committee experts also made comments on the report, raising questions on such issues as discrimination against women in Macao, which was still under Portuguese jurisdiction until 20 December 1999; on incidents of racial discrimination involving blacks in Portugal; on the invokability of the Convention by Portuguese courts; and on the situation of minorities in the country, among other things.

PAULO MARRECAS FERREIRA of the Ministry of Justice of Portugal said that the Convention was directly applicable in the country's domestic law and that its provisions were invoked in courts. According to Portuguese law, any international treaty had predominance over domestic law.

Mr. LEITAO said that the Gypsies were part of the Portuguese population and all national measures were applicable to that part of the population. In many ways, the cultural aspect of the Gypsy community was being respected, including the way they lived. A series of measures were taken at the national and communal levels to ensure that the Gypsies were beneficiaries of social security, health and education schemes provided by the society.