Committee on elimination of racial discrimination concludes seventy-sixth session

ROUNDUP

12 March 2010

Issues Concluding Observations on Reports of Argentina, Cambodia, Cameroon, Guatemala, Iceland, Japan, Kazakhstan, Monaco, the Netherlands, Panama and Slovakia

The Committee on the Elimination of Racial Discrimination today concluded its four-week seventy-sixth session and released its concluding observations and recommendations on the reports of Argentina, Cambodia, Cameroon, Guatemala, Iceland, Japan, Kazakhstan, Monaco, the Netherlands, Panama and Slovakia, which were considered at this session.

Anwar Kemal, the Committee Chairperson, said the session was marked by a heavy workload but also by considerable achievements. He underscored that regular interaction between States and the Committee via reporting strengthened compliance with treaty obligations. Fruitful meetings had been held with different sections of the Office of the United Nations High Commissioner for Human Rights, including field presences relevant to their work. There had also been a meeting with the Working Group on the Effective Implementation of the Durban Declaration and Programme of Action. A constructive and useful round of discussions had also been held on the Committee’s working methods. Recent events in Nigeria had also drawn their attention and the need to take strong action. A decision had been taken and a letter sent to the representative of Nigeria and to the President of the Human Rights Council. During this session, the Committee had passed a milestone –its two-thousandth meeting – and members had taken the occasion to reflect on the Committee’s past as well as its future work.

In its decision on Nigeria under its early warning and urgent action procedure, taken at this session, the Committee registered its alarm at reports of recent attacks and killings of a large number of persons, including children, women and elderly persons, as a result of tensions between ethno-religious groups near the city of Jos in the Plateau State of Nigeria in January and March 2010. It deplored the recurring attacks and massacres; urged Nigeria to investigate the massacres and to bring to justice those responsible; and called on local, regional and national authorities to conduct studies on the underlying causes of the ethnic violence in Nigeria. Nigeria was requested to provide information on the situation and measures taken to redress it not later than 30 July 2010.

During the course of the session, the Committee also examined individual communications of violations of the Convention in closed, and considered follow-up information submitted by States parties in relation to the observations and recommendations of the Committee, in closed meetings.

The Committee’s seventy-seventh session will be held from 2 to 27 August 2010, when the Committee will review the periodic reports of Australia, Bosnia and Herzegovina, Cuba, Denmark, El Salvador, Estonia, France, Iran, Morocco, Romania, Slovenia and Uzbekistan.

Membership and Bureau

The Committee is composed of 18 independent experts who are persons of high moral standing and acknowledged impartiality. The following members, nominated by the States parties to serve in their personal capacity, have been elected to the Committee: Noureddine Amir (Algeria); Alexei S. Avtonomov (Russian Federation): José Francisco Cali Tzay (Guatemala); Anastasia Crickley (Ireland); Fatimata-Binta Victoria Dah (Burkina Faso); Ion Diaconu (Romania); Kokou Mawuena Ika Kana (Dieudonnè) Ewomsan (Togo); Régis de Gouttes (France); Yong’an Huang (China); Anwar Kemal (Pakistan); Dilip Lahiri (India); Gün Kut (Turkey); José Augusto Lindgren Alves (Brazil); Pastor Elias Murillo Martinez (Colombia);Chris Maina Peter (Tanzania); Pierre-Richard Prosper (United States); Waliakoye Saidou (Niger); and Patrick Thornberry (United Kingdom).

Mr. Anwar Kemal is Chairperson. The Vice-Chairpersons are Mr. Cali Tzay; Ms. Dah; and Mr. Prosper. The Committee Rapporteur is Mr. Diaconu.

Concluding Observations and Recommendations on Country Reports

Argentina

Among positive aspects in the combined nineteenth and twentieth periodic reports of Argentina, the Committee noted with satisfaction Argentina’s recent ratification of a number of international human rights instruments that could reinforce implementation of the anti-discrimination Convention: the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, in 2006; the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, in 2007; and the Convention for the Protection of All Persons from Enforced Disappearance, also in 2007. It also welcomed the law of November 2006, by which the State accepted the competence of the Committee to receive individual complaints, under article 14 of the Convention. In addition, the Committee noted with satisfaction the creation of numerous institutions tasked with combating racial discrimination and to promote and coordinate public policy relating to indigenous issues, such as the National Institute to Combat Discrimination, Xenophobia and Racism and the National Institute of Indigenous Affairs; and noted with interest Indigenous Property Act No. 26160, of 1 November 2006, which declared a state of emergency to prevent evictions of indigenous peoples from their lands and to permit a reorganization of land and regularization of communal land titles.

While noting the diversity of institutions mandated to protect human rights and combat racial discrimination, the Committee was concerned about the effective and efficient coordination and complementarity of those bodies. With regard to Act No. 26160, the Committee noted that it had been extended for another four years, but also that six provinces of Argentina had not agreed to implement that national law. Moreover, the Committee was concerned that, despite efforts to guarantee access to justice for indigenous peoples, there was a lack of prosecutions and sanctions for those responsible for violent acts during forced evictions, highlighting the 12 October 2006 case in Tucúman Province in which one person had been killed and two recent violent evictions in Neuquén Province. The Committee recommended that Argentina intensify efforts to ensure that indigenous communities could effectively use the Free Legal Advice service. It also urged the Government to investigate and sanction those responsible for murders and injuries as a result of forced evictions in the provinces and to speed up the approval of a draft law that sought to strengthen the mandate of the National Institute of Indigenous Affairs at both the national and regional levels.

The Committee was seriously concerned about the general perception that in Argentina there was no afro-descendant population and its apparent invisibility in the public policy of the State. A similar serious concern was information received according to which Argentina saw itself as a country of fundamentally white and European origin, practically negating the existence of the original indigenous peoples and communities of African origin. The Committee recommended that the Government continue efforts to recognize and integrate persons of African descent; that it intensify efforts to recognize Argentina’s status as a multiethnic State, one which valued and learned from the cultures of indigenous peoples and those of African origin; and that it undertake information campaigns to raise the awareness of the Argentine population on that issue. It was also recommended that Argentina take the necessary measures to ensure effective protection against discrimination in a number of spheres, in particular with regard to employment, housing, health and education. Argentina was asked to include in its next report information on the impact of programmes designed to guarantee economic, social and cultural rights of the indigenous, including statistics on progress realized in that respect, with a specific emphasis on efforts to improve living conditions in Chaco Province.

Cambodia

Having considered the eighth to thirteenth periodic reports of Cambodia, the Committee welcomed the ratification of the Optional Protocol to the Convention against Torture in April 2007 and the adoption of a law to ratify the Optional Protocol to the Convention on the Elimination of Discrimination against Women in August 2009. It further appreciated steps taken to strengthen Cambodia’s legal framework for the protection and promotion of human rights, in particular the adoption of the Penal Procedure Code in August 2007. The Committee also noted with satisfaction the adoption of a land law in 2001 as well as a series of sub-decrees aimed at better protecting access to land for minority groups, including indigenous peoples.

While welcoming efforts to adopt a wide range of legislation in areas such as asylum, access to land, access to education and the prohibition of racial discrimination, the Committee was concerned with the lack of uniform and faithful implementation and enforcement of those laws. Of particular concern in that regard was Cambodia’s decision to deport 20 ethnic Uighurs before concluding a refugee status determination process, thus preventing an objective determination of whether the deportees would be at risk of persecution or other forms of ill-treatment. The Committee was further concerned that the quest for economic growth and prosperity was pursued, in some cases, to the detriment of particularly vulnerable communities such as indigenous peoples. It was particularly concerned about reports of the rapid granting of concessions on land traditionally occupied by indigenous peoples without full consideration, or exhaustion of procedures provided for under the land law and relevant sub-decrees. The Committee had received reports of intimidation and acts of violence against indigenous peoples during forced evictions or land disputes affecting them, and was also concerned with reports of a tendency to press charges against and arrest indigenous villagers, when they protested against their forced eviction or the granting of a concession on indigenous land. The Committee recommended that Cambodia ensure that a proper balance between development and the rights of citizens was achieved and that its economic development did not come at the expense of the rights of vulnerable persons and groups covered by the Convention. It further recommended that appropriate protective measures were developed, such as a delay in the issuance of a concession on lands inhabited by indigenous communities which had applied to be registered legally in order to obtain land titles until the issue of collective ownership titles had been determined and after consultation with and the informed consent of the indigenous peoples. The Government should also ensure greater efficiency of the judicial system to ensure equal access to justice for all, including minorities and indigenous peoples.

Other areas of concern for the Committee included difficulties for individual Khmer Krom to establish their Cambodian citizenship, including that some were required or felt compelled to change essential information such as their name and place of birth in order to secure their document; effective discrepancy in access to education, and particular with regard to education for children in areas such as Mondulkiri and Ratanakiri provinces which were mostly inhabited by indigenous peoples and minorities; and the absence of a clear definition of what constituted racial discrimination under Cambodian law.

Cameroon

Among positive aspects in the fifteenth to eighteenth periodic reports of Cameroon, the Committee noted with satisfaction that the Constitution as revised in 1996 prohibited discrimination, and welcomed the incorporation of the Convention on the Elimination of Racial Discrimination in the Constitution. It also noted with satisfaction that Cameroon recognized the existence of indigenous peoples on its territory and that the Constitution assured the protection of minorities and protected the rights of indigenous peoples. The Committee further welcomed Cameroon’s adoption, on 13 September 2007, of the United Nations Declaration on the Rights of Indigenous Peoples and campaigns led to identify the “Pygmy” indigenous populations in the south. It noted with interest the celebration of the second International Day of the World’s Indigenous People held in Yaoundé, with a subregional seminar on the rights of indigenous people and communities in central Africa.

While noting that Cameroon intended to amend the framework of the National Commission on Human Rights and Liberties, the Committee remained concerned about the lack of independence of that body, in particularly given that representatives of the Administration had voting rights on it, and that the Commission had been downgraded from a level “A” national human rights institution to a level “B” institution by the International Coordination Committee in 2006. With regard to refugees, the Committee was concerned that the 2005 draft law on the status of refugees had still not been adopted, and was worried about the situation of refugees in rural areas, as well as about the problems of health, education, housing, employment, food and violence which they faced.

Despite measures taken by Cameroon to promote and protect the rights of the indigenous, the Committee was concerned about the marginalization to which they were subject in enjoying their civil, political, economic, social and cultural rights. The Committee regretted in particular the continued absence of a specific law aiming to protect and promote the rights of indigenous peoples. The Committee strongly recommended that Cameroon step up its efforts to adopt a draft law on the rights of indigenous peoples; it should seek assistance in that regard both from the Office of the United Nations High Commissioner for Human Rights and the International Labour Organization, as well as ensuring the participation of indigenous people and their representatives in drafting the law. The Committee remained concerned as well about the numerous obstacles to the full and effective enjoyment of indigenous children of their right to education, owing to, among others, difficulty in obtaining birth certificates needed for enrolment and hidden costs to “free” education. The Government was recommended to take a number of measures in that regard, including to adapt the school system to the mode of life and culture of the indigenous and to fight against violence to which indigenous children were subjected at school. Among other concerns regarding the indigenous populations were that access to justice remained limited and that their land rights were infringed. National legislation did not take account of indigenous traditions and customs with regard to land, and indigenous peoples were subject to physical violence by State agents as well as National Park officers over land issues. The Committee recommended that the State enshrine in its legislation the right of indigenous peoples to own, use and develop their land and its resources; that the prior informed consent of indigenous peoples be obtained before any project that could impact on their lands or resources could be approved; and that it ensure that the current land registration procedure respected the customs and traditions of land ownership and use of the indigenous peoples, without discrimination.

Guatemala

Having examined the combined twelfth to thirteenth periodic reports of Ecuador, the Committee welcomed the continued collaboration of the Government with the Office of the United Nations High Commissioner for Human Rights, since its establishment of an office in the country in 2005. The Committee noted with satisfaction the establishment of a number of policies, Government agreements and administrative measures to promote and coordinate public policy relating to the indigenous peoples, in particular the public policy in favour of co-existence and the elimination of racism and racial discrimination (2006); the National Compensation Programme, which sought to care for the civilian victims of the internal armed conflict, 83 per cent of whom were Mayan; and Government Agreement 22-2004, which established compulsory bilingualism in national languages – Maya, Garifuna or Xinca with Spanish – as the national linguistic policy, as well as the dissemination of multiculturalism and interculturalism.

Among concerns, it was highlighted that national legislation did not define as a punishable act the dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts, in particular against indigenous peoples or Afro-descendants. It also reiterated its concern about the difficulties indigenous people faced in accessing justice, in particular owing to a lack of recognition of indigenous justice systems within the national system, and the insufficient number of interpreters and bilingual justice officials. The Committee particularly regretted that, in the election of judges to the Supreme Court in 2009, not a single indigenous judge had been elected. The Committee was deeply concerned by the serious acts that had recently been carried out against the physical integrity of activists and human rights defenders of indigenous peoples, including murders. In that regard, the Committee recommended the Government speed up the adoption and implementation of a draft Government Agreement containing a programme of preventive and protective measures for human rights defenders and other vulnerable groups. The Committee reiterated its concern that the number and level of government posts held by indigenous people remained low, especially with regard to indigenous women. Guatemala should redouble its efforts to ensure the full participation of indigenous peoples, especially women, in decision-making bodies, particularly representative institutions, such as the National Congress.

The Committee was seriously concerned about the growing tensions among the indigenous peoples relating to the exploitation of natural resources, highlighting the grave situation that had occurred when a cement mine had been installed in San Juan Sacatepéquez. In practice, the right of indigenous peoples to be consulted prior to the start of exploitation of natural resources on their territories was not being fully respected. It was a further concern that Guatemala did not recognize traditional forms of land ownership and did not have administrative measures in place to guarantee such ownership. It was recommended that Guatemala put in place adequate mechanisms, in conformity with the United Nations Declaration on the Rights of Indigenous Peoples and International Labour Organization Convention No. 169, to ensure effective consultation with communities that could be affected regarding projects for the exploitation and development of their natural resources, with the objective of obtaining their prior informed consent. It was further recommended that, in exceptional cases where it was necessary to move indigenous peoples, that the State ensure that it had their free and informed prior consent, and that it provided for just and equitable indemnification, as well as guarantee that all basic services, including schools and health services, were available in the area to which they were relocated. Other areas of concern included a high level of poverty (50.9 per cent) and chronic malnutrition (43.4 per cent), with the majority of the indigenous population bearing the brunt, as well as high levels of illiteracy, which also impacted disproportionately on the rural and indigenous population, with 87.5 per cent of indigenous women unable to read.

Iceland

Following its examination of the combined nineteenth and twentieth periodic reports of Iceland, the Committee welcomed the adoption in January 2007 of a policy on the integration of immigrants, and the Government’s policy declaration of 23 May 2007 which also gave priority to immigrant issues. It noted with satisfaction that the four-year plan for the police (2007-2011) put a special emphasis on staffing with people who reflected the multicultural cross-section of society. Also noted was the positive work undertaken by the Multicultural and Information Centre, the Intercultural Centre and the Immigrant Council. The Committee welcomed the enactment in December 2005 of the Temporary-Work Agency Act, No.139/2005, guaranteeing, inter alia, that foreign workers enjoyed social rights on the same basis as Icelanders and establishing that Icelandic collective agreements also applied to employees hired through a temporary-work agency. The Committee also welcomed the entry into force on 1 July 2008 of three bills addressing children’s education from the pre-school level to the end of secondary school, taking account of changes in society and employment, family structures and the growing number of people whose language was not Icelandic, as well as the multicultural diversity of school pupils.

The Committee noted that Iceland still lacked a comprehensive anti-discrimination legislation to protect all rights expressly set forth in the Convention. It urged Iceland to consider adopting a comprehensive anti-discrimination legislation, addressing all manifestations of racism, racial discrimination, xenophobia and related intolerance in all spheres of life, and providing, inter alia, for effective remedies in civil and administrative proceedings. The Committee noted with concern that nearly 700, mostly young, people had registered in the on-line “Society against Polish people in Iceland”. While commending the Authorities for having acted decisively to close down the site, Iceland was urged to continue to maintain its vigilance against acts of racism, including hate speech on the Internet, which often erupted in times of economic hardship. Efforts to prevent and combat prejudices and to promote understanding and tolerance in all spheres of life should be continued, aimed particularly at young people and the media.

The Committee noted that, since 2004, two cases involving allegations of racial discrimination had been brought to the attention of the liaison officer between the police and people of foreign origin in Reykjavik, but that in neither case had the parties involved wished to take further action. It also noted that since Iceland’s last periodic report no complaints had been received regarding alleged violations of article 180 of the General Penal Code (denial of access to goods, services or public places). Four cases concerning alleged violations of article 233 of the same Code (discriminatory acts) had been filed, but all had been dismissed owing to insufficient evidence. The Committee recommended that measures be taken to raise awareness among people of foreign origin about their rights; to inform victims of all remedies available to them; to facilitate their access to justice; and to train judges, lawyers, and law enforcement personnel accordingly. The Committee was further concerned about reports of a disproportionately high dropout rate of students with immigrant backgrounds in upper secondary education. Iceland was encouraged to intensify its efforts to address and ameliorate the situation of students with immigrant backgrounds in secondary education in order to increase enrolment and school attendance and to avoid dropouts.

Japan

Among positive aspects in the third to sixth periodic reports of Japan, the Committee noted with interest Japan’s pilot resettlement programme for Myanmar refugees (2010). It welcomed Japan’s support for the United Nations Declaration on the Rights of Indigenous Peoples (September 2007) and congratulated Japan for the recognition of the Ainu people as an indigenous people (2008). It also noted with interest the creation of the Council for Ainu Policy (2009). Further, the Committee noted with appreciation the adoption of regulations against illegal and harmful information on the Internet, including the revised Guidelines for Defamation and Privacy (2004) and the Provider Liability Limitation Law (2002).

Noting Japan’s view that a national anti-discrimination law was not necessary, the Committee was concerned about the consequent inability of individuals or groups to seek legal redress for discrimination. It regretted the repeal of the proposed Human Rights Protection Bill, which included provisions for the establishment of a human rights commission, and noted with concern the lack of a comprehensive and effective complaints mechanism. Also noted with concern was the continued incidence of explicit and crude statements and actions directed at groups, including children attending Korean schools, as well as harmful, racist expressions and attacks via the Internet aimed, in particular, against Burakumin. The Committee encouraged the Government to examine the need to maintain its reservations to article 4 (a) and (b) of the Convention with a view to reducing their scope and preferably their withdrawal. Japan should also increase sensitization and awareness-raising campaigns against the dissemination of racist ideas and to prevent racially motivated offences including hate speech and racist propaganda on the Internet. Similarly, the Committee reiterated its concern that discriminatory statements by public officials persisted and regretted the absence of administrative or legal action taken by the authorities in that regard. Among others, the Committee recommended that Japan provide relevant human rights education, including specifically on racial discrimination, to all civil servants, law enforcement officers and administrators as well as the general population.

The Committee regretted that there was no public authority specifically mandated to deal with Burakumin discrimination cases, and noted the absence of a uniform concept when dealing with or referring to Burakumin and policies. Further, although socio-economic gaps between Burakumin and others had narrowed, for some Burakumin they remained in areas of public life such as employment and marriage discrimination, housing and land values. The Committee recommended that the Government, inter alia, assign a specific government agency or committee to deal with Buraku issues; engage in consultation with relevant persons to adopt a clear and uniform definition of Burakumin; and supplement programmes for the improvement of living conditions of Burakumin. With regard to the Ainu, the Committee was concerned about their insufficient representation in consultation forums; the absence of a national survey on the development of the rights of Ainu people and improvement of their social position in Hokkaido; and the limited progress so far towards implementing the United Nations Declaration on the Rights of Indigenous Peoples. It recommended that further steps be taken in conjunction with Ainu representatives to translate consultations into policies and programmes with clear and targeted action plans and that the participation of Ainu representatives in consultations be increased. Other areas of concern included persistent discrimination suffered by the people of Okinawa; discriminatory effects on children’s education, including the differential treatment of schools for foreigners and descendants of Korean and Chinese persons residing in Japan with regard to public assistance, subsidies and tax exemptions; and cases of race and nationality-based refusals of the right of access to places and services intended for use by the general public, such as restaurants, family public bathhouses, stores and hotels. With regard to the latter, it was recommended that the Government counter that generalized attitude through educational activities directed to the population as a whole and that it adopt a national law making illegal the refusal of entry to places open to the public.

Kazakhstan

After a review of the combined fourth and fifth periodic reports of Kazakhstan, the Committee noted with appreciation positive initiatives taken in the field of minority rights, including important policies to help preserve minority languages, the establishment and funding of ethno-cultural associations for the preservation of ethnic cultures and traditions and minority language media. It noted with satisfaction that Kazakhstan had ratified most United Nations core human rights treaties and commended it for recognizing the competence of the Committee to receive and consider communications from individuals or groups of individuals. The Committee also noted with satisfaction the adoption by Kazakhstan on 5 May 2009 of the National Plan of Action 2009-2012 in the field of human rights that included several measures related to the implementation of the Convention. It further expressed appreciation for the mandate given to the Assembly of the People and commended the recent adoption of the Law on the Assembly of the People of Kazakhstan in October 2008, which established that nine deputies to the Lower Chamber of the Parliament would be appointed from the Assembly.

The Committee was concerned by reports of rising ethnic tension in Kazakhstan that had resulted in some inter-ethnic clashes. While welcoming the constitutional and other provisions guaranteeing the free choice of every person to learn and use his or her native language, the Committee noted with concern information on the deficiencies in the number of schools, textbooks, qualified staff and quality of education in and of minority languages. It was further concerned about the limited participation of minorities in political life and decision-making at both national and regional levels and the fact that, while ethnic groups represented about 40 per cent of the population of Kazakhstan, more than 84 per cent of public servants as a whole, and more than 92 per cent in central governmental bodies, were ethnic Kazakhs. The Committee encouraged the Government to take further measures, including special measures, aimed at ensuring a fair and adequate participation of all members of minority groups in political life and in any decision-making processes and their prior consultation on matters affecting their rights and interests.

While welcoming the adoption of the National Refugee Law in December 2009, the Committee took note of information received regarding the alleged refusal by the authorities to register the applications for asylum from citizens of certain countries. In addition, the Committee noted with concern that the lack of registration of their applications might lead to limits on their social and economic rights. Among others, the Committee recommended the Government provide adequate training for public officials and law enforcement personnel with the aim of avoiding any tendency towards discriminatory conduct towards non-citizens and asylum-seekers. The Committee was also concerned about information on the vulnerable situation of migrant workers, who, owing to a lack of permanent registration and difficulties to legalize their situation, were at constant risk of extortion and deportation, as well as reports of the alleged bad treatment of foreigners in transit throughout the country by the police, customs and other border officials. Kazakhstan should, inter alia, take measures to facilitate the regularization of the situation of migrant workers, including by revising the system for granting work permits and increasing the flexibility of the quota system, as well as ensuring the effective investigation, prosecution and punishment of employers and intermediaries responsible for violations of the rights of migrant workers and foreigners.

Monaco

With regard to the combined initial to sixth periodic reports of Monaco, the Committee noted with satisfaction that Monaco had made a declaration under article 14 of the Convention on the Elimination of Racial Discrimination (recognizing the competence of the Committee to hear individual complaints) on 6 November 2001. It also welcomed the adoption of Law No. 1.229 of 15 July 2005 on freedom of public expression, which sanctioned provocation and incitement to hatred, as well as acts of racial violence.

Among concerns and recommendations, the Committee noted that several draft laws with provisions aiming at the prevention of racial discrimination were still being studied or considered. Also, while Law No. 1.229 sanctioned provocation and incitement to hatred, as well as acts of racial violence, it still did not give full effect to all the proscribed acts set out in article 4 of the Convention. The Committee recalled that the prohibitions in article 4 were mandatory, and stressed the preventive character of specific legislation expressly prohibiting incitement to racial discrimination and racial propaganda. It recommended that Monaco adopt the draft law which aimed to complete the Penal Code by inserting a specific crime based on the first article of the Convention, as well as setting out aggravated circumstances for crimes of a racist, anti-Semitic or xenophobic character.

The Committee was further concerned that, despite oral assurances about the non-application of the penalty of banishment, that penalty was still included in the Penal Code and could be applied to foreigners. The Committee recommended the adoption of the draft amendments to the Penal Code that would abrogate that punishment. It also recommended that Monaco’s Government reinforce protections for foreign workers, by adopting legislation to protect foreigners against racial discrimination, in particular in recruitment to employment; that it ensure the application of mechanisms in force, in particular labour inspections, with regard to foreign workers; that it informed foreign workers of their rights and of the complaints mechanisms available to them, and that it facilitate their access to such mechanisms; and that Monaco consider acceding to International Labour Organization Convention No. 111 concerning discrimination in respect of employment and occupation In that connection, the Committee was concerned at a lack of information about complaints, investigations and judgements relating to acts of racial discrimination. It recommended Monaco provide statistics in its next report on the number of complaints, prosecutions and convictions for racial discrimination, including indemnity measures accorded by the courts following such convictions, if any.
The Netherlands

Concerning the consolidated seventeenth to eighteenth reports of the Netherlands, the Committee noted with appreciation: the enactment of the Municipal Anti-Discrimination Services Act, which entered into force on 28 July 2009, and which obliged municipalities to provide easily accessible facilities for handling complaints about discrimination from members of the public; the entry into force, on 1 December 2008, of the new Instructions on Discrimination to the police and Public Prosecution Service and the requirement for the police to keep a record of every report and formal complaint of discrimination; the ratification, in November 2006, of the Council of Europe’s Convention on Cybercrime; and the “Discrimination? Call now!” campaign launched in June 2004 to raise awareness of discrimination and to direct the attention of victims of discrimination to the national helpline and other resources.

While acknowledging that the Government’s letter to Parliament on integration (November 2009) contained information on policies and measures to combat discrimination, the Committee noted that the letter did not constitute an adequate replacement for the comprehensive plan of action to combat discrimination that had been in place until 2007. It was also concerned that the current policy on integration had effectively shifted the primary responsibility for integration from the State to immigrant communities. The Committee further noted that, under the Civic Integration (Preparation Abroad) Act, migrants from certain countries requiring a temporary residence permit to enter the Netherlands for family formation or unification had to pass the civic integration examination first. As that requirement applied only to migrants from certain countries, the Committee was concerned that the application of the Act resulted in discrimination on the basis of nationality, particularly between so-called “Western” and “non-Western” state nationals. De facto segregation of educational establishments, particularly primary and secondary schools, remained a problem in the Netherlands and the Committee was concerned that measures such as the establishment of the Mixed Schools Knowledge Centre and the role assigned to the Education Inspectorate in promoting integration had proved inadequate. The Committee urged the Netherlands to increase its efforts to prevent and abolish segregation in education, including through the review of admissions policies which might have the effect of creating or exacerbating that phenomenon and the creation of other disincentives to such segregation.

The Committee was concerned at the incidence of racist and xenophobic speech emanating from a few extremist political parties, the continuing incidence of manifestations of racism and intolerance towards ethnic minorities and the general deterioration in the tone of political discourse around discrimination in the Netherlands. The Government was urged to take more effective measures to prevent and suppress manifestations of racism, xenophobia and intolerance and to encourage a positive climate of political dialogue, including at times of local and national election campaigns. Given the lack of detailed information in the report on acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, the Committee recommended that the Netherlands provide detailed information on the prevalence of those offences and the number of prosecutions and convictions, as appropriate. The Committee further took note of information that rates of unemployment in ethnic minority groups, particularly among women, were significantly higher than average, and was also concerned at the under-representation of ethnic minorities in senior positions in the public and private sectors. The Committee recommended that the Netherlands take more effective measures to eliminate discrimination in access to employment, through, inter alia, awareness raising campaigns in the private and public sectors. The Netherlands was urged also to implement measures to achieve the equitable representation of ethnic minorities in elected bodies and other public sector services. Further subjects of concern included the prevalence of discrimination in the admissions policies and practices of fitness centres, catering establishments and places of entertainment; and a lack of information on the implementation of the Convention in Aruba and the Netherlands Antilles.

Panama

Among positive aspects in the combined fifteenth to twentieth periodic reports of Panama, the Committee appreciated the collaboration of the Government with the Office of the United Nations High Commissioner for Human Rights since the establishment of a regional office in the country in 2007. It also noted as positive the adoption of laws to combat racial discrimination, such as the 2005 Law against Labour Discrimination and the 2002 Law on the right to admission to public places, which also provide for the creation of a National Anti-Discrimination Commission. The Committee further welcomed a number of institutions established to combat discrimination and to promote human rights, including the Public Defender’s Office, the National Council of the Black Ethnic Community and the National Commission for Refugee Affairs. It also took note of the 2008 law on Communal Land, which provided for the ownership of land by indigenous communities that were not living in one of the five indigenous regions.

The Committee noted with concern the persistence of racial discrimination and its historical causes that had engendered the marginalization, impoverishment and vulnerability of afro-Panamanians and indigenous peoples, and was further concerned that there was no general provision in Panamanian law to prohibit racial discrimination or which defined acts of racial discrimination in conformity with article 4 of the Convention. The Committee was seriously concerned by information that, despite the existence of indigenous regions which provided for autonomous government and collective ownership of land, there were indigenous peoples that were not part of an indigenous region or had not received similar recognition of their status, as, for example, the Ngobe and Embera communities. A further concern was the lack of birth registrations and the low standard of living in the indigenous regions. The Committee was further seriously concerned by reports of evictions and displacements of indigenous communities owing to energy projects, projects for the exploitation of natural resources or tourism, including those in Bocas del Toro and among the communities of San San and San San Druy, where the community cultural centre was destroyed. Of particular concern were reports of the use of force in this context, including by the police and security forces. The Committee urged the Government to assume the role of mediator and to protect its citizens, including indigenous and afro-Panamanians, and to work together to find solutions to those land conflicts that would reconcile development projects with the world view of the indigenous peoples. In that connection, the Committee was concerned that consultations undertaken on such exploitation, tourism and construction projects were left in the hands of the private companies undertaking them. It recommended that Panama establish adequate mechanisms, in conformity with international standards, to undertake consultations with affected communities on such projects with a view to obtaining their prior informed consent beforehand. The Committee was further concerned that there was no adequate restitution and compensation for victims of displacement, that compensation agreements were reached with only some members or families of given communities, and that restitution and compensation was again left to private companies.

It was a matter for serious concern that, despite recommendations by the Inter-American Commission on Human Rights for provisional measures to be taken with regard to the Naso, San San and San San Druy communities, no action had been taken. Similarly, the case of Charco La Pava had been the subject of an August 2008 letter by the Committee under its urgent action and early warning procedure and the case was before the Inter-American Human Rights Court and had been the subject of a visit by the United Nations Special Rapporteur on the rights of indigenous peoples in January 2009. The Committee urged Panama to pay careful attention to the declarations and decisions of regional and international bodies on that issue so as to prevent the violations of indigenous rights. Other subjects of concern for the Committee included asylum procedures, in particular with regard to the Embera refugee population from Choco, Colombia; and reports of intimidation and persecution of those working to promote the rights of indigenous communities and against indigenous leaders, in particular with regard to opposition to the installation of mega-projects such as hydroelectric power plants on their lands.

Slovakia

Following its examination of the sixth to eighth periodic reports of Slovakia, the Committee welcomed the various legislative measures adopted to strengthen the framework for the promotion and protection of human rights, and in particular the elimination of racial discrimination, including the adoption of a Criminal Code in 2005, as amended in 2009, which criminalized a wider range of offences related to racial discrimination; the adoption of a new Code of Criminal Procedure in 2005, offering a wider protection to victims of racial discrimination in the filing of damage claims; and the adoption of amendments to the Anti-Discrimination Act in April 2008, to provide for the introduction of special measures, as well as a reverse burden of proof in civil cases where racial discrimination could be reasonably assumed. The Committee also welcomed the adoption of an action plan for the prevention of all forms of discrimination, racism, xenophobia, anti-Semitism and other expressions of intolerance for the period 2009-2011, and other measures aimed at eliminating discrimination, such as the “Community Programme for Employment and Social Solidarity, PROGRESS”.

Most of the Committee’s concerns with regard to Slovakia centred on the situation of the Roma minority there, noting first of all the divergence in statistics concerning the number of members of the Roma minority among the population. The Committee remained concerned about the continued marginalization and precarious socio-economic situation of members of that minority, and the discrimination they were faced with, including in the fields of education, housing, health, and employment. A further continuing concern was an increase in racially motivated attacks, including anti-Semitic violence and violence targeting Roma and non-European Union migrants, sometimes perpetrated by neo-Nazi skinhead groups. The Committee also remained concerned about the persistence of prejudice and negative attitudes against Roma in Slovakia, including racist statements in the discourse of public officials and political parties, targeting that minority. Other concerns included reports of police brutality against members of the Roma minority, including minors, during arrest or while in custodial detention; the low representation of Roma in the police; de facto segregation, forced evictions, as well as other forms of discrimination related to housing, encountered by the Roma minority; the housing conditions in many segregated Roma neighbourhoods; de facto segregation of Roma children in education; and the large overrepresentation of Roma children in special schools and classes for children with mental disabilities..

The Committee urged Slovakia to enhance efforts aimed at combating discrimination against Roma. It also recommended that the Government engage in a data-gathering exercise to ensure that special measures were designed and implemented on the basis of need, and that their implementation was monitored and their effectiveness regularly assessed. The Committee further urged Slovakia to intensify efforts to combat and prevent racially motivated offences, in particular violence against Roma, Jews, and non-European Union migrants, including by ensuring that all racially motivated acts of violence were duly investigated and prosecuted, and that perpetrators were punished, taking into account the racial motivation of such acts as an aggravating circumstance. Awareness-raising campaigns on that matter should be carried out and further measures to promote tolerance among ethnic groups should be taken. The Committee also recommended that the Government ensure the effective investigation and prosecution of all acts of political discourse against minorities and called upon the Government to take further steps to increase the representation of Roma in the police force, for example by adopting special measures regarding their recruitment. Slovakia should also intensify efforts to involve Roma communities and associations as partners together with other persons in housing project construction, rehabilitation and maintenance and should act firmly against local measures denying residence to Roma and the unlawful expulsion of Roma, and refrain from placing Roma in camps outside populated areas that were isolated and without access to health care and other basic facilities.

Decision on Nigeria under Early Warning and Urgent Action Procedure

In a decision on Nigeria under its early warning and urgent action procedure, the Committee registered its alarm at reports of recent attacks and killings of a large number of persons, including children, women and elderly persons, as a result of tensions between ethno-religious groups near the city of Jos in the Plateau State of Nigeria in January and March 2010; and that ethnic and religious violence had been recurring in Nigeria over the last 10 years and that it is estimated that over 13,500 people had died in such clashes. It deplored the recurring attacks and massacres, as well as the large number of victims, in violation of the International Convention on the Elimination of All Forms of Racial Discrimination. The Committee strongly urged Nigeria to take all appropriate measures to immediately stop the ethnic violence; to protect the victims; and to avoid the repetition of such killings in the future. It urged Nigeria to investigate the massacres, bring to justice those responsible and to provide redress to the victims and their families. It called on all local, regional and national authorities to conduct studies on the underlying causes of the ethnic violence in Nigeria; to firmly address all underlying causes of tension leading to this repeated violence; and to promote dialogue between different ethnic communities in view to achieve tolerance and peace. The Government was requested to provide information on the situation and the measures taken to redress it not later than 30 July 2010.

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For use of the information media; not an official record