23 August 1996

RD/873


COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CLOSES FORTY-NINTH SESSION

19960823GENEVA, 23 August (UN Information Service) -- The Committee on the Elimination of Racial Discrimination today closed its forty-ninth session, during which it examined the measures taken by Bolivia, Brazil, Republic of Korea, India, Malta, China, Venezuela, Namibia, Zaire and Mauritius to combat bias.

The panel, the first created by the United Nations to review actions by States in fulfilling their obligations under a specific human rights agreement, studied reports from those countries on their compliance with the International Convention on the Elimination of All Forms of Racial Discrimination.

During its three-week meeting, the Committee also studied information about the implementation of the Convention in States whose regular reports were overdue, and looked at countries listed under its early warning and urgent procedures mechanism, including Bosnia and Herzegovina, Burundi, Federal Republic of Yugoslavia (Serbia and Montenegro), The former Yugoslav Republic of Macedonia, Liberia, Papua New Guinea and Rwanda. Israel was taken off that list of countries and requested to submit information through the regular reporting process.

Concerning Bosnia and Herzegovina, the Committee reiterated its readiness to contribute to the implementation of the peace accords from the prospective of the principles and objectives of the Convention. It also expressed its serious preoccupations and fear that as a result of the actual deficiencies in the process of voter registration, practices of intimidation and other restrictions, the holding of elections might, under the present circumstances, reinforce patterns of ethnic segregation and division.

In addition, the Committee examined situations in States whose periodic reports had been deemed to be excessively overdue, namely Botswana, Burkina Faso, Cape Verde, Fiji, Lao People's Democratic Republic, Lesotho, Saint Vincent and the Grenadines, Solomon Islands, Somalia and Togo.

Also during this session, the Committee adopted a recommendation aimed at assisting the 147 States parties to the Convention to implement provisions

of the Treaty related to the rights of refugees and persons displaced on the basis of ethnic criteria. States parties are expected to take the recommendation into account when reporting to the panel.

During its fiftieth session, scheduled for 3 to 21 March 1997, the Committee is expected to examine the situations in Guatemala, Panama, Swaziland, Belgium, Algeria, Iceland, Iraq, Germany, Pakistan, Bulgaria, Luxembourg, Belarus and United Kingdom.

Action under Early Warning and Urgent Procedures

The Committee has instituted an "early warning and urgent procedures" mechanism that permits it to take measures aimed at preventing existing problems from escalating into conflicts, or to initiate urgent procedures aimed at responding to problems requiring immediate attention to prevent or limit the scale or number of serious violations of the Convention. The following countries are listed under this mechanism: Liberia, Rwanda, Burundi, Bosnia and Herzegovina, The former Yugoslav Republic of Macedonia, Federal Republic of Yugoslavia (Serbia and Montenegro) and Papua New Guinea.

Through a text on Bosnia and Herzegovina, the Committee expressed its serious preoccupations and fear that as a result of the actual deficiencies in the process of voter registration, practices of intimidation, restrictions of the freedoms of association and expression, and abuses of the media, the holding of elections -- important and advisable as they were -- might under the present circumstances reinforce patterns of ethnic segregation and division. The Committee emphasized the importance of all measures aiming at the establishment of a peaceful, democratic, multi-ethnic and pluralist society in Bosnia and Herzegovina, the reconstruction of the economy and the strengthening of democratic institutions, notably for the promotion and protection of human rights, which were essential conditions for the effective functioning of the civil society. The Committee urgently appealed to all authorities to guarantee the right to security of person and protection by the State against violence of bodily harm, whether inflicted by government officials or by any individual, group or institution.

The Committee urged all parties to the General Framework Agreement for Peace in Bosnia and Herzegovina to comply with their obligation to cooperate fully with the International Criminal Tribunal for the Former Yugoslavia in fulfilling its major task of bringing to justice all persons guilty of the serious crimes falling within its jurisdiction and in particular to execute forthwith all warrants of arrest and expedite the transfer to the persons incited by the Tribunal.

With regard to the Federal Republic of Yugoslavia, the Committee considered that the time had come to resume the good offices work it started

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to undertake in 1993 to promote a dialogue for a peaceful solution of issues concerning respect for human rights in Kosovo, in particular the elimination of all forms of racial discrimination. The Committee requested its Chairman to take up contacts with the authorities of that State party to the Convention in order to explore the possibilities of re-opening that dialogue. The Committee recalled that at its forty-fourth session, its Chairman had proposed that a number of specific steps be taken with a view to normalizing the situation in Kosovo.

Concerning Burundi, the Committee adopted a resolution calling on the Burundian parties to cease immediately any massacres and to cooperate fully with all those who were seeking to bring an end to the vicious cycle of violence in the country. The panel also urged Burundian parties to respect the Constitution, to re-establish democratically elected institutions and to further design institutions for national dialogue and reconciliation. In addition, the Committee called on the international community to provide the necessary funds and logistical support for the repatriation of refugees and displaced persons; and endorsed the proposal to send a multinational peace force to Burundi to help prevent another catastrophe that could destabilize the Great Lakes region of central Africa.

With regard to Cyprus, the Committee deeply regretted the killing of two unarmed Greek Cypriot young men and the injury of many other persons, including United Nations peace-keepers, as a result of the Turkish forces allowing Turkish armed Cypriot civilians and others to pass through the United Nations buffer zone, where they clashed with the demonstrators. The Committee reaffirmed the importance of achieving progress in resolving the situation in Cyprus so that freedom of movement and other human rights and freedoms would be enjoyed by all Cypriots, irrespective of their ethnic origin.

Regarding Liberia, the Committee welcomed the latest efforts made by the Economic Community of West African States (ECOWAS) leaders in Abuja, Nigeria, to reconstitute the leadership of the Liberian Council of State and the setting up of a timetable for disarmament, demobilization of militias and, ultimately, general elections. The Committee called upon the United Nations and the international community to support the efforts of ECOWAS leaders and the latest Abuja Agreement on Liberia, and to extend logistic and other assistance to the achievement of lasting peace in Liberia. It also urged the Liberian leaders of the Reconstituted Council of State to ensure reconciliation in order to reduce and ultimately remove tensions between the different Liberian ethnic groups, and to ensure that human rights violations and extra judicial executions were ceased.

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Observations on Implementation of Convention

Regarding Bolivia, the Committee welcomed the Government's efforts to reduce the great disparities between the level of development of the capital and other urban areas relative to the remote rural areas.

Nevertheless, the Committee regretted the lack of legislative provisions classifying as an offence punishable by law the dissemination of ideas based on racial superiority or hatred, acts of violence or incitement to violence against any race or group of persons of another colour or ethnic origin and the provision of assistance to racist activities. It urged the Government to consider its obligations to make all forms of racial discrimination punishable by law. In that respect, the Committee noted with satisfaction the indication that the Government would welcome technical assistance towards that end.

Recognizing the factors and difficulties impeding the implementation of the Convention by Brazil, the Committee stressed that despite numerous structural, political, economic and social reforms, the authorities had not succeeded in stemming the country's endemic poverty, which had aggravated the social inequality affecting particularly the black, indigenous and mixed-race populations, and prompted the emergence of a culture of violence.

The Committee urged the Government of Brazil to pursue and strengthen its efforts to improve the effectiveness of measures and programmes aimed at guaranteeing to all segments of the population the full enjoyment of their political, economic, social and cultural rights. It recommended that the Government accelerate the process of legislative reforms it had undertaken and translate into practice its determination to defend the fundamental rights of vulnerable groups. Further, the Committee recommended that Brazil find a just and equitable solution to the issue of distribution and restitution of lands; to that effect, all measures should be taken to avoid discrimination against the indigenous, black and mixed-race populations by large landowners.

Concerning the Republic of Korea, the Committee viewed with interest the fact that the Government of that country was considering the establishment of an independent national human rights commission. However, it noted with concern that neither the country's Constitution nor law explicitly prohibited discrimination on the basis of race, colour, descent, or national or ethnic origin.

The Committee was further concerned that there was discrimination against people of foreign origin who were born and had settled in the Republic of Korea, particularly Chinese, with regard to certain matters -- for example, the impossibility of acquiring Korean citizenship and the difficulty in obtaining employment in some large companies. The Committee called for constitutional and legislative measures to remedy the omission of race as a

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ground for discrimination It further recommended that measures be taken to ensure that persons of foreign origin who were born and had settled in the country were no longer subject to discrimination based on ethnic origin.

As to Malta, the Committee was concerned that the Government maintained in its report its official position that it did not need to enact new ad hoc legislation to cover all forms of racial discrimination. It recommended that Malta comply fully with its obligations under article 4 of the Convention and take all necessary steps to amend the Criminal Code in that respect. It also suggested that the Government continue to publicize the provisions of the Convention. In addition, the State party should ensure the wide dissemination of its report and of the concluding observations of the Committee, in both English and Maltese.

With regard to China, the Committee expressed concern with regard to the actual enjoyment of the right to freedom of religion in China, particularly in the Muslim parts of Xinjiang and in Tibet, including the preservation of places of worship. Concern was also expressed at reported cases of violations in the autonomous regions of Xinjiang and Tibet of the right to security of person and protection against violence or bodily harm. Concern was also expressed at the lack of protective legal provisions for minority groups that were scattered throughout the country.

The Committee recommended that the Government of China make racial discrimination punishable by law; submit detailed information regarding the ban on domestic organizations that propagated racial discrimination or the superiority of any people in its next report; include information regarding the composition of the population, the geographic areas where minorities were concentrated, the level of their standard of living and other educational and social indices in the next report; and give consideration to the inclusion of more members of minority nationalities in positions of leadership, not only with respect to those in Government but also in the Party and in other institutions, at both the national and local levels.

With respect to Mauritius, the Committee commended the exemplary spirit of tolerance between the various racial and ethnic communities in Mauritius and the harmonious coexistence of their cultures. However, the panel regretted the lack of statistical data on the ethnic and racial composition of the population, or on the representation of ethnic and racial communities at all levels of the economic, social and political spheres. The Committee was concerned that the relevant provisions of Mauritian legislation did not prohibit organizations and organized propaganda activities which promoted racial discrimination.

In its recommendations, the Committee underlined the importance of the explicit prohibition of discriminatory legislation. In that regard, it

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recommended that the prohibition of such discriminatory legislation be extended to all matters of private law. In addition, the Committee recommended that the next periodic report of Mauritius on how it applies the Convention contain complete information on the implementation of the various provisions on the elimination of racial discrimination in practice and on possible complaints and sentences imposed for acts of racial or ethnic discrimination or in cases of incitement to racial discrimination.

Regarding Namibia, the Committee noted with appreciation its general compliance with the guidelines for the preparation of State party reports. It further noted with satisfaction that, despite severe economic and social difficulties, important steps had been taken by the Government since its independence to put an end to racial discrimination in all its forms, notably, through a remarkable policy of national reconciliation.

Nevertheless, the Committee expressed concern at the subsistence of out-of-date and discriminatory laws and the persistence of practices inherited from the apartheid regime. Concern was also expressed at the fact that, despite affirmative measures taken to eliminate social and economic disparities, black people and mixed-race people, who comprised 95 per cent of the population, still faced serious discrimination in many areas such as access to property, education, employment, health care or housing. The Committee recommended that the Government take additional steps to combat discrimination in those fields.

Concerning Venezuela, the Committee noted with satisfaction the notable efforts made by Venezuela to establish a comprehensive legal framework that provided for pluralism and tolerance. However, the non-compliance of the State party with its obligations under the Convention to punish acts of racial discrimination and incitement to racial hatred was a matter of concern. Doubts were expressed as to whether victims of racial discrimination had effective remedies at their disposal for seeking just and adequate reparation in the courts.

The Committee recommended that further efforts should be made to strengthen the system of bilingual education in order to cover the whole of the indigenous population, 40 per cent of which was illiterate, and to prevent the destruction of the indigenous cultural heritage. It recommended that appropriate measures be taken to provide health care services for indigenous communities, particularly those located in remote regions of the country. It further recommended that the Government provide additional information on the reasons for maintaining separate prison facilities for members of the indigenous population; and welcomed the fact that the State party had indicated that increased public expenditure on prisons to alleviate overcrowding and resulting problems had been given priority.

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With regard to Zaire, the Committee noted that the country was experiencing a severe economic crisis which had led to the general impoverishment of the country and the deterioration of social and economic conditions. Grave concern was expressed at allegations of large-scale discrimination against the Pygmies and at reports of violent clashes in Kivu involving the Hunde, the Nyanga and the Nande ethnic groups on one hand, and the Banyarwanda and the Banaymulenge ethnic groups on the other.

As part of its recommendations, the Committee urged the Government of Zaire to provide information on the implementation of the various constitutional and legal provisions aimed at eliminating racial discrimination in all its forms, with particular emphasis on the measures taken with regard to the conflicts in Kivu and Shaba and the situation of Rwandan and Burundian refugees. The Committee recommended that comprehensive information be provided on the legal, administrative and practical measures taken to implement the Cairo Declaration on the Great Lakes region and the commitment undertaken to prevent former Forces Arm�es Rwandaises members from conducting into Rwanda from Zaire. It also strongly recommended the implementation in the near future of an agreement between the Zairian authorities and the Office of the High Commissioner for Human Rights to establish a United Nations Human Rights Office in Kinshasa.

Regarding India, the Committee welcomed the leading role played by India in the struggle against racial discrimination and apartheid at the international level. It also acknowledged the far-reaching measures adopted by the Government to combat discrimination against members of the 'scheduled castes and tribes'. However, the Committee was seriously concerned that the Kashmiris as well as other groups were frequently treated, on account of their ethnic or national origin, in ways contrary to the basic provisions of the Convention. It recommended that special measures be taken by the authorities to prevent acts of discrimination towards persons belonging to the scheduled castes and tribes and to punish those found responsible and provide just and adequate reparation to the victims. It also recommended that India continue and strengthen its efforts to improve the effectiveness of measures aimed at guaranteeing to all groups of the population, the full enjoyment of their civil, cultural, economic, political and social rights.

General Recommendation

The Committee also adopted a recommendation aimed at assisting States to implement provisions of the Convention on the rights of refugees and persons displaced on the basis of ethnic criteria. The Committee emphasized that all refugees and displaced persons had the right to freely return to their homes of origin under conditions of safety; and that State parties to the Convention were obliged to ensure that the return of such persons was voluntary and to observe the principles of non-refoulement and non-expulsion of refugees.

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Committee Membership, Officers

The members of the Committee, elected in their individual capacity are: Mahmoud Aboul-Nasr (Egypt); Hamzat Ahmadu (Nigeria); Michael Parker Banton (United Kingdom); Theodoor van Boven (Netherlands); Ion Diaconu (Romania); Eduardo Ferrero Costa (Peru); Ivan Garvalov (Bulgaria); R�gis de Gouttes (France); Andrew Chigovera (Zimbabwe); Carlos Lechuga Hevia (Cuba); Yuri A. Rechetov (Russian Federation); Shanti Sadiq Ali (India); Agha Shahi (Pakistan); Michael E. Sherifis (Cyprus); Zou Deci (China); Luis Valencia Rodriguez (Ecuador); R�diger Wolfrum (Germany); and Mario Jorge Yutzis (Argentina).

Mr. Banton is the Committee's Chairman. The Vice-Chairpersons are Mrs. Sadiq Ali, Mr. Ferrero Costa and Mr. Garvalov. The Rapporteur is Mr. Chigovera.

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