Committee
on the Elimination of Racial Discrimination
Highlights of the 62nd session (3-21 March 2003)
1. Consideration
of periodic reports
9
periodic reports were examined at the 62nd session and
concluding observations adopted for the following States parties:
Côte
D’Ivoire, Ecuador,
Fiji,
Ghana,
Morocco,
Poland,
the
Russian Federation, Slovenia,
Tunisia,
Saudi
Arabia and Uganda.
2. Review Procedure
Under the review procedure, the Committee considers the situation
in a State party in the absence of a report if the State party has
not submitted a report for five years or more. The Committee scheduled
five States parties under this procedure for its 62nd session:
Albania, Bahamas, Barbados, Guyana and Papua New Guinea.
The review of the implementation of the Convention in Albania
was removed from the agenda because it submitted its overdue reports
(to be considered at the 63rd session).
The review of the implementation of the Convention in the Commonwealth
of the Bahamas, Barbados and Guyana
was also removed from the agenda as the Committee agreed to the request
of these States parties for postponement:
Ø
The
Committee accepted the request for postponement made by the Commonwealth
of the Bahamas following the State party’s commitment to submit its
5th to 14th periodic reports (due from 1984
to 2002) in one consolidated document before 21 March 2003, so that
they can be processed and scheduled for examination at the 63rd
session of the Committee, in August 2003. The Committee decided that,
in the event of the non-receipt of the reports by the indicated
date, the Committee will re-schedule the examination of the situation
in the Commonwealth of the Bahamas under the review procedure, that
is to say in the absence of a report, in August 2003.
Ø
The
Committee accepted the request for postponement made by Barbados following
the State party’s commitment that its 8th to 15th
periodic reports, due from 1987 to 2001, to be submitted in one document,
would be submitted shortly. The Committee requested that they be submitted
before 30 September 2003, so that they can be processed and scheduled
for examination at the 64th session of the Committee, in
March 2004. The Committee reminded that a postponement of the examination
under the review procedure had already been requested by Barbados
in August 2001, and accepted by the Committee. Thus, the Committee
underlined that, in the event of the non-receipt of the reports by
the indicated date, the Committee would re-schedule the examination
of the situation in Barbados under the review procedure, that is to
say in the absence of a report, in March 2004.
Ø
The
Committee accepted the request for postponement made by Guyana following
the State party’s commitment that its 1st to 13th
periodic reports, due from 1978 to 2002, to be submitted in one document,
would be submitted shortly. The Committee requested receipt
before 30 September 2003, so that they can be processed and scheduled
for examination at the 64th session of the Committee, in
March 2004. In the event of the non-receipt of the reports by such
date, the Committee will re-schedule the examination of the situation
in Guyana under the review procedure, that is to say in the absence
of a report, in March 2004.
Ø
The
Committee adopted conclusions and recommendations on the implementation
of the Convention in Papua
New Guinea.
3. Early
warning and urgent action procedure
The Committee
examined the situation in Côte d’Ivoire, Guyana and Suriname and adopted
decisions concerning these three States parties under this procedure,
respectively
CERD/C/62/Dec.1,
CERD/C/62/Dec. 2 and
CERD/C/62/Dec.3.
4. Examination
of individual communications
- Three decisions
were examined and a decision taken on their admissibility (CERD/C/62/D/25/2002,
Sadic v. Denmark, CERD/C/62/D/24/2002, Regerat et al. v.
France, and CERD/C/62/D/22/2002, POEM & FASM v. Denmark)
-
One individual
communication was examined and a decision taken on the merits (CERD/C/62/D/26/2002,
Hagan v Australia)
5. Other matters
5.1 Working methods
The
Committee continued reviewing its working methods and discussed further
some of the proposals put forward by Mr. Valencia Rodriguez in his
working paper. The review of working methods will continue during
the 63rd session of the Committee.
5.2
Response of the Committee to requests from other UN Bodies
5.2.1. The Committee provided a preliminary
response to a request for comments on the issue of reservations to
multilateral treaties sent by the International Law Commission.
5.2.2. The Committee provided a
preliminary response to a questionnaire submitted by the Special Rapporteur
of the Sub-Commission on The Protection and Promotion of Human Rights
on the Rights of Non-Citizens.
5.2.3 The Committee provided comments to OHCHR on the draft
guidelines on a Human Rights Approach to Poverty Reduction Strategies.
5.2.4
The Committee provided a response
to the request for
comments,
information and data on the study made by
the Special Rapporteur on Terrorism and Human Rights of the Sub-Commission
on the Protection and Promotion of Human Rights.
5.2.5.
The Committee answered the letter of Mr. Sergio Vieira de Mello,
High Commissioner for Human Rights, requesting the views of CERD on
the suggestions made by the Secretary-General concerning the streamlining
of reporting
procedures in his report “Strengthening of the United Nations:
an agenda for further change”, to the 57th session of the
General Assembly (A/57/387) and on the modalities for consolidating
reports under various treaty bodies into a single national report
as mentioned in the report of the Management Review of the OHCHR conducted
by the Office of Internal Oversight Services (OIOS) transmitted by
the Secretary-general to the 57th session of the General
Assembly (A/57/488)
5.3 Meeting with States parties
The
Committee decided to hold a meeting with States parties during its
63rd session (4-22 August 2003).
5.4 Future thematic discussions
The
Committee decided to hold a thematic discussion on the rights of non-citizens
at its 64th session in March 2004.
6.
Programme of Next session
(63rd session to be held from 4-22 August 2003)
Highlights of the 61st session (5-23 August 2002):
1. Thematic discussion and General recommendation on descent-based
discrimination
CERD
held a thematic discussion on descent-based discrimination and adopted
a general
recommendation (GR XXIX) on this issue. The first half-day of
the thematic discussion was devoted to statements of NGOs from Asia
and Africa, State parties and experts of the Sub-Commission for the
Promotion and Protection of Human Rights.
In
General recommendation XXIX, the Committee “strongly condemns
descent-based discrimination, such as discrimination on the basis
of caste and analogous systems of inherited status, as a violation
of the (international) Convention (on the Elimination of All Forms
of Racial Discrimination)”, and recommends that States concerned adopt
measures aimed at, inter alia, the eradication of the segregation
suffered by members of descent-based communities and of the multiple
discrimination affecting women of these communities.
2. Consideration of periodic reports
9
periodic reports were examined at the 61st session and concluding
observations adopted for the following States parties:
Canada, Senegal,
Armenia,
Yemen,
New Zealand,
Hungary,
Estonia,
Botswana and
Mali.
3.
Review procedure
A
preliminary dialogue was held with a representative of Fiji (originally
scheduled to be examined under the review procedure), following the
receipt of the periodic report during the session.
4. Examination of individual communications
One
individual communication was examined and declared inadmissible (CERD/C/61/D/23/2002,
K.R.C. v.
Denmark)
Note
on the 60th session - (4-22 March 2002)
Table
of Contents
1. Introduction
2. Follow up to the World Conference
against Racism (new general recommendation)
3. Anti-terrorist measures and human
rights (statement)
4. Decision to hold a general discussion
on descent at next session
5. Summary of concluding observations
6. Programme of next session
1. Introduction
The Committee on the Elimination of Racial Discrimination held
its 60th session from 4 to 22 March 2002. During the opening session,
the Bureau was elected as follows: Mr. Ion Diaconu (Chairman); Mr.
Mario Jorge Yutzis (vice-Chairman); Mr. Raghavan Pillay (vice-Chairman);
Mr. Nourredine Amir (Vice-Chairman); Mr. Patrick Thornberry (Rapporteur).
Five new members participated in the 60th session: Mr. Kurt Herndl
(Austria); Mr. Nourredine Amir ( Algeria); Mr. Linos Alexander Sicilianos
(Greece); Mr. Morten Kjaerum (Denmark); Mr. Jose Augusto Lindgren
Alves( Brazil)
Most of the session was devoted to the consideration of reports
from the following 11 States parties: Croatia, Moldova (initial to
4th report), Lithuania (initial report), Switzerland, Liechtenstein
(initial report), Austria, Denmark, Belgium, Costa Rica, Jamaica,
Qatar. The Committee adopted concluding observations on each of them
(State party
reports and concluding observations). A summary of the concluding
observations adopted on each country can be found below.
Under the review procedure, the Committee considers the situation
in a State party in the absence of a report if the State party has
not submitted a report for five years or more. The Committee had scheduled
eight State parties under this procedure: Albania, Botswana, Cape
Verde, Papua New Guinea, Saint Vincent and the Grenadines, Solomon
Islands, Tunisia and Turkmenistan. Botswana was removed from this
agenda item because they finally submitted a report during or immediately
before the session. Cape Verde, Albania, and Tunisia were removed
because of their request for a postponement, indicating they would
be filing a report shortly. The Committee adopted a decision on Papua
Guinea under the early warning and urgent action procedure. (Decision
1(60)).
Under the individual complaint procedure governed by article 14
of the Convention, the Committee examined one pending communication:
Burmeister v. Denmark CERD/60/R/20/2000 (jurisprudence). The
Committee stated that it had no elements at its disposal which would
allow it to conclude that a violation by the State party of the provisions
of the Convention had indeed taken place in this case. However, it
emphasized “the importance it attaches to the duty of the State party
and, for that matter, of all States parties, to remain vigilant, in
particular by prompt and effective police investigations of complaints,
that the right established under article 5, paragraph f, is enjoyed
without discrimination by all persons, nationals or foreigners, under
the jurisdiction of the State party”.
2. Follow up to the World Conference against Racism
2.1 The Committee has established an informal open-ended
working group on the follow-up to the World Conference against Racism
(WCAR). This group will continue its work at the next session.
2.2 The Committee also adopted a general
recommendation on the follow-up to the WCAR in which it suggests:
-
Measures to be adopted by States to strengthen the implementation
of the Convention;
-
Measures to be adopted by States to strengthen the functioning
of the Committee;
-
Action by other bodies such as national human rights institutions,
non-governmental organizations and the Office of the High Commissioner
for Human Rights, asking that it continue its efforts to increase
awareness of the work of the Committee.
The general Recommendation also includes the commitment of the Committee
to cooperate fully, to ensure follow up to Durban, with all relevant UN
institutions, including OHCHR, and with the five independent eminent experts
to be appointed to facilitate the implementation of the recommendations
of the Durban Declaration and Program of Action. The Committee commits
itself further to take into consideration all aspects of the Durban Declaration
and Program of Action concerning the fulfilment of its mandate.
2.3 The Committee adopted two standard paragraphs to be
included in all its concluding observations:
-
For reporting States, the Committee “recommends that the State
party take into account the relevant parts of the Durban Declaration
and Programme of Action when implementing the Convention in the domestic
legal order, in particular in respect of articles 2 to 7 of the Convention,
and that it include in its next periodic report information on action
plans or other measures they have taken to implement the Durban Declaration
and Programme of Action at national level”;
-
For review countries, the Committee “draws the attention of the
State party to the provisions of the Declaration and Programme of
Action of the World Conference against Racism, according to which
the International Convention on the Elimination of all Forms of Racial
Discrimination is the principal international instrument for the elimination
of racism, racial discrimination, xenophobia and related intolerance
and States are urged to cooperate with the Committee in order to promote
the effective implementation of the Convention”.
3. Anti-terrorist measures and human rights
In the statement it adopted on 8 March 2002, the Committee demands
that States and international organizations ensure that measures taken
in the struggle against terrorism do not discriminate in purpose or
effect on grounds of race, colour, descent or national or ethnic origin.
In this context, the Committee on the Elimination of Racial Discrimination
intends to monitor, in accordance with the International Convention
on the Elimination of All Forms of Racial Discrimination, the potentially
discriminatory effects of legislation and practices in the framework
of the fight against terrorism.
4. Decision to hold a general discussion on descent
The Committee decided to devote a day during the first week of
its next session, scheduled for 5 to 23 August 2002, to a thematic
discussion concerning the concept of descent as provided in Article
1 of the International Convention for the Elimination of All Forms
of Racial Discrimination, with a view to adopting a general recommendation
on this issue. For the preparation of the thematic discussion, the
Committee will welcome submissions from inter-governmental and non-governmental
organizations, both national and international. The first hour and
a half of the day will be devoted to an informal meeting with NGOs.
Several members of the Committee insisted on the importance of hearing
the voice of the victims of discrimination based on descent in order
to ensure that the discussion focus on the issues of greatest concern
for human rights protection.
5. Summary of concluding observations
Concluding observations adopted after examination of periodic
reports
5.1 Croatia
Among the positive aspects, the Committee noted, inter alia, the
elaboration of an education project to enhance equality for minorities
and promote multiculturalism, the State party’s commitment to involve
NGOs in the preparation of its next periodic report, and its declared
intention to subscribe to article 14 of the Convention.
The Committee expressed its concern and adopted recommendations
relating to, inter alia, the need for:
-
further measures to ensure fair and adequate representation of
all groups of minorities in the Croatian Parliament;
-
particular attention to the situation of the Roma and effective
measures to prevent racial segregation against Roma children within
the educational system;
-
legislative measures against incitement to ethnic hatred and racial
violence;
-
the introduction of further measures to ensure fairness, consistency
and transparency in the National Programme for Return;
-
effective measures to prevent discrimination, especially against
Croatian Serbs, particularly as regards the restitution of their property,
tenancy and occupancy rights, access to reconstruction assistance
and rights to residency and citizenship;
-
measures to ensure that former long-term residents of Croatia are
able to reclaim their status as citizens and/ or residents on a non-discriminatory
basis;
-
Reinforcement of efforts to ensure non-discrimination in the application
of the right to equal treatment before the law, particularly in the
area of repossession of property;
5.2 Belgium
In the concluding observations for Belgium, the Committee welcomed
the enactment of new laws aimed at combating racism and racial discrimination
in the State party. It expressed its appreciation for the work of
the Centre for Equal Opportunity and the Struggle against Racism and
for the imposition of financial sanctions on political parties and
organizations that incite to racial hostility. It also welcomed the
declaration made by the State party under article 14 of the Convention.
The Committee expressed concern and made recommendations in relation
to, inter alia :
-
the increasing influence of racist and xenophobic political parties
and organisations, especially in Flanders;
-
cases of racist incidents towards immigrants and asylum seekers
in police custody by law enforcement officials;
-
the difficult access of ethnic minorities to housing and employment;
and
-
the absence or the insufficiency of educational measures for judges,
lawyers, prosecutors and civil servants.
The Committee encouraged the State party to take corrective measures
in these respects, and strengthen the educational measures for some
professional groups, especially civil servants who deal with issues
involving immigrants and asylum seekers.
5.3 Costa Rica
Among positive aspects, the Committee noted, inter alia, the public
apology made by the President Costa Rica during the WCAR for past
errors committed against Afro-Costa Ricans.
The main concerns and recommendations of the Committee concerning
Costa Rica referred inter alia, to the following issues:
-
Insufficient penalties applied to racial discrimination;
-
Situation of Indigenous peoples;
-
Manifestations of racism in the media;
-
Situation of Nicaraguan immigrants;
-
Alleged discriminatory application of legislation in force on refugee
status determination procedure;
-
Lack of equal access to the courts, particularly for minorities
and other ethnic groups; and
-
Lack of representation of minorities at judicial and governmental
level.
5.4 Jamaica
The Committee welcomed the creation of an office of the Public
Defender in Jamaica. The main concerns and recommendations of the
Committee referred, inter alia, to the following issues:
-
Assertion made by Jamaica as to the absence of racial discrimination
in its territory.
-
Absence of specific legislative, administrative and other measures
to give effect to article 4 of the Convention.
-
Lack of adequate information on article 5 of the Convention, which
would enable the Committee to effectively examine the situation of
civil and political rights as well as economic, social and cultural
rights as they relate to the various ethnic groups in Jamaica.
-
Reservation to article 4 of the Convention.
5.5 Denmark
The Committee commended the Government for a number of positive
initiatives undertaken in implementing the Convention, including:
-
Application of legal instruments such as section 266b of the Danish
Criminal Code and other measures to prohibit the dissemination of
racist statements and propaganda and to prosecute offenders;
-
Improvement of employment opportunities for minorities and refugees
in the public sector; the creation of integration councils to ensure
ongoing integration efforts and the relative success in procuring
housing for refugees, in line with article 5 of the Convention;
-
Establishment of the Commission on Self Government in Greenland
and the translation of the ICERD into the Greenlandic language.
Concern and recommendations were expressed in relation to inter
alia :
-
Reports of an increase in hate speech and the need for the State
to carefully monitor the possible violation of Articles 2 and 4 of
the Convention;
-
Following information on the temporary suspension of the licence
of Radio OASEN owned by a neo-Nazi Association, the need to take decisive
steps to prohibit such organisations in accordance with article 4
(b) of the Convention;
-
Plans to reduce the financial means of some human rights institutions
as well as a number of non-governmental organisations, which promote
human rights and serve the needs of minority groups;
-
Need to ensure that the organisational restructuring of the functions
of the Board of Ethnic Equality and the Centre for Human Rights strengthen
rather than weaken the overall work on human rights and in particular
the protection of the rights of ethnic minorities;
-
Reports of a considerable increase in cases of widespread harassment
of people of Arab and Muslim backgrounds, since 11th September 2001
and the need to monitor this situation carefully and take decisive
action in protecting the rights of victims and in dealing with perpetrators;
-
Introduction of new more stringent asylum and refugee regulations
and the need to maintain its standards and ensure that all cases of
asylum seekers are decided on merit and without discrimination;
-
Delay in resolving the claims of the Inughuit with respect to the
Thule Air Base;
-
Claims of the denial by Denmark of the identity and continued existence
of the Inughuit as a separate ethnic or tribal entity.
5.6 Liechtenstein
Under positive aspects, the Committee commended the State party
for submitting its initial report within the required timeframe of
one year after entry into force of the Convention. The Committee noted
the intention of the State party to extend the Supreme Court's competence
to hear cases of alleged violations of rights guaranteed in the Convention.
It also noted the efforts of the State party to address the phenomenon
of right-wing extremism, as well as to ensure the integration of refugees
and asylum seekers in society.
In its concerns and recommendations, the Committee mentioned, inter
alia, the following points:
-
Need for specific training for law enforcement officers on combating
racial discrimination and xenophobia;
-
Need to continue undertaking efforts and supporting efforts of
others to integrate foreigners in society, through intensive language
courses, counseling services and providing information;
-
Lack of information, and in particular statistical data, on the
number of children of refugees and asylum seekers attending school,
on the occurrence of discrimination on racial grounds in the housing
sector, and on access to health care and social security for non-nationals;
-
Dissemination of the Convention in German to the public and dissemination
of the State party's report and the Committee's concluding observations;
-
Participation of members of civil society in the preparation of
the next periodic report.
5.7 Moldova
Among positive aspects, the Committee welcomed the decrees which
the State party has adopted with the purpose of ensuring the functioning
and development of languages of ethnic minorities and the development
of the national culture of minorities. The Committee also noted with
satisfaction the efforts undertaken by the State party to implement
human rights education programmes, including those intended for law
enforcement officials. The Committee further noted the efforts undertaken
by the State party to disseminate information on human rights and,
in particular, the rights of minorities in its territory.
The Committee expressed concerns and made recommendations in relation
to, inter alia:
-
Need to guarantee more fully for ethnic minority groups, economic,
social and cultural rights as defined in article 5 (e), including
the right to work and to housing, and to include more detailed information
in the next periodic report on the implementation of the provisions
of article 5 (e);
-
Need to provide more information on the economic condition of the
landless ethnic minorities in the next periodic report;
-
Reports according to which, after the tragic events of September
11 2001 in the United States, a parliamentary inquiry was conducted
into the alleged existence of terrorists among students of Arabic
origin in the International Independent University of Moldova.
-
In relation to the previous point, need to ensure that actions
taken follow due process of law, without raising suspicions that attempts
are being made at racial profiling;
-
Reports of police violence against persons belonging to minority
groups, in particular the Roma population;
-
Reports that the Roma population is sometimes denied access to,
and service in, places intended for the general public;
-
Fact that Moldova has not made declaration provided for in article
14 of the Convention
5.8 Lithuania
Among the positive
aspects, the Committee welcomed:
- State party’s
willingness to protect the expression of a diversity of identities,
while enhancing at the same time integration of all within society,
and the realization of the right of each person to participate and contribute
to cultural and social life;
- Intention
of the State party to consider making the declaration under article
14 of the Convention;
- New criminal
code including a number of new articles establishing responsibility
for crimes of racial discrimination, shortly to enter into force.
- Right of
foreign permanent residents to elect and to be elected to local self-government
bodies (municipal councils).
- Intention
of the State party to disseminate the present concluding observations
on the web site of the Ministry of foreign affairs.
Among issues for concern and recommendations, the Committee noted,
inter alia:
-
Denial of citizenship under article 13 of the Law on Citizenship
for persons affected by HIV/AIDS, who may belong to groups vulnerable
to racism and racial discrimination;
-
Difficulties experienced by Roma in enjoying their fundamental
rights in the field of housing, health, employment and education;
-
Lack of clarity on the fundamental rights of non-citizens, temporarily
or permanently settled within Lithuania, including stateless persons,
and the need for further information in this regard;
-
Discriminatory treatment of Afghan asylum-seekers,disregard of
basic procedural guarantees, need for educational rights and to assist,
in relation to administrative matters, children of asylum-seekers,
including those of Afghan nationality;
-
Xenophobic tendencies towards Chechen asylum-seekers and refugees,need
to take preventive and educational measures in this regard and to
ensure the enjoyment of social rights, particularly housing and health,
to all asylum-seekers and refugees in need without regard to their
legal status;
-
Information relating to expressions of racial hatred by politicians
and the media.
5.9 Switzerland
Among the positive aspects, the Committee noted, inter alia, the
fact that the Convention forms an integral part of the Swiss legal
system and has been invoked by the Federal Court on several occasions.
It also expressed satisfaction at the establishment of a fund to finance
projects to combat racism, including the creation of a nation-wide
network of advisory centers for victims of racial discrimination,
and the creation of a Service to Combat Racism.
The major issues for concern and recommendations of the Committee
related to, inter alia:
-
Persistence of hostile attitudes towards black people, Muslims
and asylum-seekers and need to prevent and combat such attitudes,
including through information campaigns and education of the general
public;
-
Expression of xenophobic and racist attitudes in naturalisation
procedures, particularly those subject to popular vote and fact that
according to legislation still in force, decisions taken in accordance
with such procedures are not subject to legal review;
-
recent moves towards the establishment of separate classes for
foreign pupils in some cantons;
-
Allegations of police abuse and excessive use of force against
persons of foreign origin during arrest or in the course of deportations;
-
Absence, in some cantons, of independent mechanisms for investigation
of complaints regarding violence and abuse by the police, and rare
sanctions against responsible officers;
-
Need to establish independent bodies with authority to investigate
complaints against police officers in all cantons;
-
Need to ensure recruitment of members of minority groups into the
police, as well as sensitisation and training of police officers to
issues of racial discrimination;
-
Need to strengthen the powers and means of the Federal Commission
against Racism;
-
Situation of travellers, such as Roma and Jenish, in Switzerland
and need to improve their living and working conditions; and
-
Need for more information on the legislation in force prohibiting
racial discrimination within the private sector, in fields such as
employment, housing, education, health and access to public places.
5.10 Qatar
The Committee welcomed, inter alia, the political reforms on which
the State party has embarked, and noted in particular the review of
legislation on civil liberties, the announcement of the forthcoming
establishment of an elected parliament and the creation of a committee
to draft a permanent Constitution. It also noted with satisfaction
the delegation's statement that the Qatari Al-Jezira television network
could play an important role in publicizing the Convention and the
work of the Committee within the Arab world.
The Committee expressed iconcern and made recommendations in relation
to, inter alia:
-
Repeated affirmations by the State party that it has no need to
take action to implement articles 2, 3 and 4 of the Convention because
there is no racial discrimination in Qatar;
-
Concerning the right to equal treatment before the courts, need
for more information on the extent to which the Convention can be
invoked before the civil and sharia courts, and what rules of the
sharia answer the requirements of the Convention;
-
Distinction made in article 3 of Act No 3/1963, as amended by Act
No 3/1969, between nationals of Arab countries and others as regards
the length of time they must reside in Qatar before they can submit
an application for naturalization;
-
Distinction drawn between citizens by birth and naturalized citizens
concerning access to public office and other kinds of employment,
as well as the right to vote and to stand for election;.
-
Absence of guarantee of freedom of marriage between nationals and
non-nationals unless the latter are nationals of States members of
the Gulf Cooperation Council;
-
Need to institute training programmes on human rights and understanding
among ethnic groups for law enforcement officials, including policemen,
military and prison staff, and members of the judiciary;
-
Need for further information on the practical implementation of
the principle of equality of treatment between all workers, given
particularly the high proportion of migrant workers in Qatar and the
need for statistics disaggregated by migrants' national origin, which
would provide a better understanding of the economic and social standing
of non-Qatari nationals in relation to their national and ethnic origins.
5.11 Austria
The Committee welcomes several recent developments such as:
-
Establishment in July 1999 of the Human Rights Advisory Council
and of human rights coordinators at the Austrian federal ministries
and the regional governments of the nine Austrian Länder;
-
Establishment of the Immigrants Fund, which assists new immigrants
by providing free advice in their native language on questions concerning
their integration in Austria;
-
Continuation of the work of the Reconciliation Fund for Victims
of National Socialism which so far has received and approved some
50,000 applications for compensation from persons who have suffered
from forced labour during the Nazi era;
-
Inclusion of provisions aimed at combating racism and xenophobia
in national legislation, such as the Industrial Code, the Maintenance
of Law and Order Act and media law, in particular the Broadcasting
Act and the Regional Radio Act;
-
Efforts undertaken by the State party to safeguard linguistic diversity
in the country, including the adoption of bilingual topographical
signs in areas inhabited by Croat and Hungarian minorities;
-
Declaration under article 14 of the Convention, recognizing the
competence of the Committee to examine communications from individuals
or groups of individuals.
The Committee expressed concerns and made recommendations in relation
to, inter alia:
-
Inadequacy of legislation in place to combat racism to effectively
combat discrimination;
-
Paucity of data at its disposal for monitoring the implementation
of the Convention;
-
Significant number of allegations brought to its attention which
reflect the existence of racist and xenophobic attitudes among some
sections of the population;
-
Allegations of racist incidents involving police officers and other
state employees;
-
Need to strengthen existing educational measures for civil servants
who deal with issues involving foreigners;
-
Need to recruit more members of minority groups into the public
administration, in particular law enforcement;
-
Need to ensure the provision of basic and equal assistance to all
asylum-seekers, without distinction of race or ethnic and national
origin;
-
Insertion of the Committee’s concluding observations on the appropriate
ministry’s website.
Decisions and concluding observations adopted for States which
have not complied with their reporting obligations (review procedure
and urgent action and early warning procedure)
5.12 Turkmenistan
This State party, which ratified the Convention in 1994, has never
reported to the Committee. The CERD underlined the lack of cooperation
between Turkmenistan and UN bodies, and expressed serious concern about
grave allegations of human rights violations. The Committee suggested
that the State party respond positively to the proposal, made by the
High Commissioner for Human Rights in February 2002, relating to the
conduct of a human rights needs assessment in Turkmenistan.
5.13 Saint-Vincent and the Grenadines
While noting that St. Vincent and the Grenadines recently submitted
detailed reports to CRC and CEDAW, the Committee expressed regret that
the State had not submitted a report to CERD since the submission of
its initial report in 1983.Noting that Saint Vincent and the Grenadines
does not have diplomatic representation in Geneva, the Committee regretted
that the State had not been able to respond to its invitation to participate
in the meeting and to furnish relevant information.The Committee took
note of reports alleging discrimination against certain minorities such
as the Amerindians and Asians. The Committee suggested that the Government
avail itself of the technical assistance offered by the Office of the
High Commissioner for Human Rights, with the aim of preparing and submitting,
as soon as possible, a report drafted in accordance with the reporting
guidelines.
5.14 Solomon Islands
Noting that the Solomon Islands had not submitted a report to CERD
since 1983, the Committee regretted that the Solomon Islands had not
responded to its invitations to participate in the meeting and to furnish
relevant information. The Committee reminded the State of the importance
of the reporting system and the maintenance of a dialogue with the Committee.
The Committee underlined especially the political and ethnic conflicts
in the Solomon Islands and expressed its hope that the recent elections
would bring about sustainable peace and security in the Solomon Islands.
The Committee finally urged the Solomon Islands to avail itself of the
technical cooperation offered under the advisory services and technical
assistance programme of the OHCHR to fulfil its reporting obligations.
5.15 Papua New Guinea
Following the examination of Papua New Guinea under the early warning
procedure, the Committee adopted Decision 1(60) on Papua New Guinea.
This is the fourth decision adopted by the Committee since 1995 on Papua
New Guinea. The dialogue between the Committee and Papua New Guinea
has been interrupted since 1984. The Committee decided that in the absence
of any indication on the part of the State party that it will comply
with its obligation under article 9.1 of the Convention, it will examine
again the situation in March 2003.
6. Programme of next session
The 61st session of the Committee
will be held in Geneva (Palais des Nations, Room XI) from 5 to 23 August
2002. The Committee will examine the periodic reports of the 10 following
State parties:
- Armenia
- Hungary
- Estonia
- Yemen
- Saudi Arabia
- New Zealand
- Canada
- Botswana
- Mali
- Uganda
5 Review countries will also be examined at the 61st session :
-
Fiji
-
Ivory Coast
-
Tajikistan
-
Ecuador
-
Madagascar
For
further information, contact the Secretary of the Committee: Nathalie
Prouvez
Tel: +41 22 917 93 09
Fax: +41 22 917 90 22
e-mail: nprouvez.hchr@unog.ch
Highlights of the fifty-seventh session of the
Committee on the Elimination of Racial Discrimination
A.
Introduction
The
Committee on the Elimination of Racial Discrimination held its 57th
session from 31 July to 25 August 2000. Most of the session was devoted
to the consideration of reports from the following 13 States parties:
Czech Republic, Finland, Ghana, Holy See, Mauritius, Nepal, Netherlands,
Norway, Slovakia, Slovenia (initial report), Sweden, United Kingdom
of Great Britain and Northern Ireland and Uzbekistan (initial report).The
Committee adopted concluding observations on each of them (state reports
and concluding observations). The reports of Argentina and Iceland which
had been scheduled for consideration, were postponed at the request
of the respective States parties. The reports of Ghana, Nepal and Uzbekistan
were introduced by delegations composed of representatives of the permanent
missions. The delegations of all the other States parties considered
were composed of representatives of governmental offices coming from
the capitals (State party reports and concluding
observations).
The
Committee held a general debate under the early warning and urgent action
procedure. However, no decisions on specific country situations were
adopted. In view of the tight agenda the Committee did not examine country
situations under the review procedure, which allows the Committee to
consider the situation in a State party, in the absence of a report,
if the State party has not submitted a report for five years or more.
B.
Thematic discussion
Following a decision adopted at its 56th session the Committee
held, on 15 and 16 August, a thematic discussion on the question of
discrimination against Roma. This was the first thematic discussion
to be organized by CERD and adds to the Committee's contribution to
the preparatory process of the World Conference against Racism.
The
discussion was preceded by an informal meeting with concerned non-governmental
organizations. In addition, the Committee took into consideration information
submitted by States parties in the framework of the reporting procedure
or in reply to a note verbale sent prior to the session requesting information
from States parties about Roma populations residing in their respective
territories, their economic and social situation and policies for eliminating
racial discrimination against them. The Committee also had at its disposal
information from other treaty bodies, the Sub-Commission on the Promotion
and Protection of Human Rights and the Commission on Human Rights. The
Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination,
Xenophobia and related Forms of Intolerance of the Commission on Human
Rights and members of the Sub-Commission made statements during the
discussion. Finally, information was also received from regional organizations,
in particular the Organization for Security and Cooperation in
Europe (OSCE) and its High Commissioner on National Minorities, and
the Council of Europe and its European Commission against Racism and
Intolerance.
As
a result of the discussion the Committee adopted a General Recommendation
on Discrimination against Roma in which it recommends the adoption by
States parties of a number of measures of a general nature, as well
as in the fields of education, the media, for protection against racial
violence, to improve the living conditions, and for participation in
public life (General
recommendation). The Committee intends to organize other thematic
discussions at future sessions.
C.
Contribution to the World Conference against Racism
The
Committee also devoted some meetings to the preparation of a written
contribution to the World Conference against Racism which it intends
to finalize at its next session. In this connection the Committee also
held a preliminary discussion about possible activities that it could
conduct during the World Conference itself. It also expressed the wish
to be represented at all regional preparatory meetings.
D.
Communications procedure
Under
the individual complaints procedure governed by article 14 of the Convention,
the Committee examined four pending communications. One of them was
declared inadmissible. On another the Committee adopted its final opinion
in which it considered that the State party concerned had violated the
Convention. The adoption of a decision on the two others was postponed
to the next session. The Committee also decided to initiate the article
14 procedure with respect to three new communications received since
the last session.
E. Specific
requests
At
its 56th session the Committee adopted a decision requesting the General
Assembly to take measures so as to allow it to hold its 58th session
in New York from 8 to 26 January 2001. Accordingly, the dates and venue
of the next session depend on the decision to be taken by the General
Assembly on that issue this fall. The programme of work will also depend
on that decision to a large extent, in view of the fact that, if the
session is held in New York, the Committee will schedule for consideration,
under the review procedure, the situation in a number of States parties
which do not have permanent missions in Geneva and whose reports are
overdue.
Summary of the highlights of the fifty-sixth session
of the
Committee on the Elimination of Racial Discrimination
A. Consideration
of periodic reports
The Committee
held its fifty-sixth session from 6 to 24 March 2000. The session was
mainly devoted to the examination of the implementation of the Convention
in the following 11 countries which had submitted periodic reports:
Australia, Bahrain, Denmark, Estonia, France, Lesotho, Malta,
Rwanda, Spain, Tonga and Zimbabwe. The report of Ghana, scheduled
to be considered, was finally postponed to the next session at the request
of the State party. In the case of Tonga the examination took place
in the absence of a delegation from the State party (State party reports and concluding
observations).
B. Review
procedure
Under the
review procedure, the Committee considers the situation in a State party
in the absence of a report if the State party has not submitted a report
for five years or more. The Committee had scheduled five State parties
under this procedure: Bangladesh, Greece, Qatar, Slovenia and Viet Nam.
Bangladesh, Greece and Slovenia were removed from this agenda item because
they finally submitted a report during or immediately before the session.
Qatar and Viet Nam were removed because their request for a postponement,
indicating they would be filing a report shortly, was granted.
C. Examination
of individual communications
Under the
individual complaint procedure governed by article 14 of the Convention,
the Committee examined four pending communications. In two of them the
Committee adopted final opinions and found that, in one case, a violation
of the Convention had taken place. In the remaining two cases the Committee
decided to request additional information from the parties.
D. General
recommendations
The Committee
adopted two general recommendations concerning the Gender
Related Dimensions of Racial Discrimination and Article
6 of the Convention (right to seek just and adequate reparation
or satisfaction for any damage suffered as a result of racial discrimination)
(General recommendations).
E. Other
matters
The Committee
decided to devote three meetings of its next session, scheduled
for 31 July to 25 August 2000, to a thematic discussion concerning the
situation of Roma. In the discussion preceding the adoption of the decision
members of the Committee expressed concern at reports of the persecution
of Roma, particularly in Europe, and of violations of the Convention.
For the preparation of the thematic discussion the Committee will request
from States parties information about Roma populations, their economic
and social situation and policies for eliminating racial discrimination
against them. The Committee will also welcome submissions from Roma
groups, inter-governmental and non-governmental organizations, both
national and international.
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