UNITED NATIONS Press Release 20 August 2004 Issues Recommendations on Reports of Madagascar, Belarus, Mauritania, Slovakia, Argentina, Tajikistan, Portugal and Kazakhstan The Committee on the Elimination of Racial Discrimination this afternoon concluded its sixty-fifth session by adopting its concluding observations on the reports of Madagascar, Belarus, Mauritania, Slovakia, Argentina, Tajikistan, Portugal and Kazakhstan which were reviewed over the past three weeks. During the session, the Committee adopted a decision on the situation in Darfur, Sudan in which it called for the strict compliance with Security Council resolution 1556/2004 in order to ensure the prompt cessation of large-scale violations of human rights in Darfur. It adopted a decision on Israel requesting the Government to send an urgent report to it no later than 31 December 2004 on the issue of family reunification. The Committee also adopted its General Comment No. 30 on the issue of discrimination against non-citizens as a means to raise awareness on the situation of these vulnerable groups to find solutions to the daily problems that they were faced with. The Committee transmitted a letter to St. Lucia informing it of the decision to publish provisional concluding observations on the situation in that country which had been adopted at the last session under the Committee's review procedure. A letter was sent to the Government of Botswana in which the Committee expressed concern relating to the implementation of its previous concluding observations adopted in August 2002. A letter was also sent to the Government of New Zealand, referring to a Bill under discussion for adoption in New Zealand regarding which the Committee received information from non-governmental sources alleging that it discriminates against Maori on ethnic and racial grounds. In both cases the Committee requested further information before 20 September 2004. The Committee, the first body created by the United Nations to review actions by States parties in fulfilling their obligations under a specific human rights agreement, held question-and-answer sessions with Government delegations from the presenting countries. All 169 State parties to the International Convention on the Elimination of all Forms of Racial Discrimination are required to submit periodic reports to the Committee, which consists of 18 Experts. After considering the report of Madagascar, the Committee welcomed the assurance given by the delegation that, in accordance with a recent ruling of the Supreme Court, international conventions formed an integral part of the domestic legal system. It regretted that despite the abolition of slavery and the caste system in 1896, discrimination against the descendants of slaves persisted, and it recommended that the State party should take the necessary steps to put an end to discrimination based on descent. Detailed information on the situation of descendants of slaves, and of the persistence of the caste system in general, should be included in the next periodic report. Concerning the report of Belarus, the Committee noted with appreciation the State party's efforts to adopt new legislation in compliance with the standards set by international human rights instruments, in particular, the standards set by the Convention. The Committee recommended that the State party strengthen its efforts to combat racist propaganda on the Internet and that it reinforce ongoing efforts to prevent and combat human trafficking, especially of women and girls for the purpose of sexual exploitation, and provide support and assistance to victims, wherever possible in their own language. With regards to the report of Mauritania, the Committee welcomed the announcement that a national plan of action for the promotion and protection of human rights was adopted in September 2003 and the formulation in 2001 of a strategic framework for combating poverty. It remained concerned at allegations about the very low proportions of black Moors and black Africans in the army, police, administration, Government and other State institutions, and requested detailed information on this matter in the next report. It also noted with concern that vestiges of the caste system persisted in Mauritania Following its review of the report of Slovakia, the Committee welcomed, among other things, the numerous activities undertaken by the Government Plenipotentiary for Roma minority affairs in promoting and coordinating programmes and projects aimed at achieving equal status for citizens belonging to the Roma community. The Committee was alarmed by de facto discrimination against Roma as well as by the very high rate of unemployment among members of the Roma community and recommended that the legislation prohibiting discrimination in employment and all discriminatory practices in the labour market be fully implemented. Responding to the report of Argentina, the Committee welcomed the entry into force of immigration law no. 25871 in January 2004. It recommended that the State party take adequate measures to strengthen the functioning of the National Institute against Discrimination (INADI), to reinforce its effectiveness in monitoring all tendencies which might give rise to racist and xenophobic behaviour and to combat all forms of racial discrimination and investigate complaints in this regard. It also recommended that the State party take appropriate measures to combat racist propaganda in the media. After considering the report of Tajikistan, the Committee welcomed that Tajik law guaranteed the freedom of citizens to choose their language of instruction and to use their language when dealing with government bodies and authorities, enterprises, institutions and associations. It recommended that the State party include detailed information in its next report on the situation of the Roma and that a strategy be adopted in order to improve the situation of the Roma and their protection against discrimination. It also encouraged the State party to the undertake consultations with the Uzbek minority about the insufficient number of Uzbek textbooks in the Latin alphabet. Concerning the report of Portugal, the Committee welcomed several mechanisms established to assist immigrants in Portugal, such as the Observatory of Immigration, the Call Centre "SOS Immigrant" and the local and national support centres for immigrants. The Committee continued to be concerned at the occurrence of racially motivated acts and incitement to hatred, in particular towards ethnic minorities. While the Committee noted the measures taken by the State party in order to improve the situation of Roma/Gypsies, it remained concerned about the difficulties faced by many members of this community in the fields of employment, housing and education, as well as by reported cases of discrimination in daily life. With regards to the report of Kazakhstan, the Committee noted that the State party was a multi-ethnic country, with numerous very different and significant communities, representing more than 40 per cent of the total population and appreciated the efforts made by the State party to provide information relating to the ethnic composition of the population as well as other statistical data. The Committee was concerned that some refugees have been forcibly returned to their countries where there were substantial grounds for believing that they may suffer serious human rights violations and urged the State party to ensure that this practice was eliminated. During the session, the Committee also met with the Secretary-General's Special Adviser on the Prevention of Genocide, Juan Mendez, and the Commission on Human Rights' Special Rapporteur on adequate housing, Miloon Kothari, and continued its discussion on a draft document concerning follow-up action to the Declaration and Programme of Action adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance which was held in 2001 in Durban, South Africa. The Committee's sixty-sixth session will be held at the Palais des Nations in Geneva from 21 February to 11 March 2005, when the Experts will review the reports of Australia, Azerbaijan, Bahrain, France, Ireland, Laos, Luxembourg and Nigeria. Under its review procedure, the Committee will also take up the situation in Bosnia and Herzegovina, Ethiopia, Papua New Guinea, El Salvador and Nicaragua. DECISION ON DARFUR In a decision on the situation in Darfur, Sudan, the Committee said it was alarmed by the current events in Darfur, and convinced that these events had an ethnic and racial dimension. The Committee called for strict compliance with Security Council resolution 1556/2004 and all measures that it prescribed, in order to ensure the prompt cessation of large-scale violations of human rights in Darfur, and in particular, violations of the International Convention on the Elimination of all Forms of Racial Discrimination. It considered that the deployment in Darfur of an adequately reinforced African Union-led protection force with the support of the League of Arab States and the logistic and financial assistance of the European Union and the United States should greatly facilitate the speedy implementation of the Security Council resolution DECISION ON ISRAEL In the decision on Israel, the Committee recalled its previous decision on Israel in which it called for the revocation of Israel's Temporary Suspension Order of May 2002, which suspended the possibility of family reunification, subject to limited and discretionary exceptions, in cases of marriage between an Israeli citizen and a person residing in the West Bank or Gaza. Bearing in mind the renewal for a period of six months until 31 December 2004 of the Order, the Committee reiterated its request for detailed information on this issue by Israel in its next periodic report, and further requested the Government of Israel to send it an urgent report, no later than 31 December 2004. CONCLUDING OBSERVATIONS ON COUNTRY REPORTS With regards to the report of Madagascar, the Committee welcomed as positive aspects the establishment of a committee responsible for drafting the initial and periodic reports under the human rights instruments ratified by the State party. It took note of the assurance given by the delegation that, in accordance with a recent ruling of the Supreme Court, international conventions formed an integral part of the domestic legal system. It also took note with interest of the establishment of such national human rights machinery as the office of the Ombudsman, the National Human Rights Commission and the High Council to Combat Corruption. It noted that positive steps were planned in connection with the recruitment and training of civil servants in a participatory policy aimed at the advancement of persons from the provinces. It also noted with interest that, according to the State party, the traditional method of dispute settlement known as Fihavanana played a role in preventing conflicts. The Committee recommended that the State party carry out targeted surveys, on the basis of voluntary self-identification, to determine the economic, social and cultural status of ethnic groups in Madagascar. It noted that there was no definition of racial discrimination in the legal domestic order and that several laws contained provisions concerning non-discrimination which did not expressly specify race, colour and descent as prohibited grounds. It recommended that the State party should include a definition of racial discrimination in its legislation, drawing the elements contained in article 1 of the Convention. The Committee recommended that additional measures should be taken to prevent sporadic acts of racial violence against members of the Indian/Pakistani community, and that the perpetrators should be brought to justice; and that the State party should provide more detailed information on the workings of the traditional method of dispute settlement known as Fihavanana. It noted that the rules on nationality discriminated against children born to a mother of Malagasy nationality and a father of foreign nationality and recommended that the State party revise its nationality law and guarantee such children Malagasy nationality. The Committee regretted that despite the abolition of slavery and the caste system in 1896, discrimination against the descendants of slaves persisted, and it recommended that the State party should take the necessary steps to put an end to discrimination based on descent. Detailed information on the situation of descendants of slaves, and of the persistence of the caste system in general, should be included in the next periodic report. The Committee said the State party should take steps to inform the population of their rights as regards efforts to combat racial discrimination, and should make it easier for victims to gain access to justice. Concerning the report of Belarus the Committee noted with appreciation the information provided by the delegation on the preparation of a draft National Plan of Action on the follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. The Committee noted with appreciation the State party's efforts to adopt new legislation in compliance with the standards set by international human rights instruments, in particular, the standards set by the Convention. The Committee also welcomed the State party's efforts to include human rights education in school curricula. While acknowledging the efforts undertaken by the State party to curtail such phenomena, the Committee expressed concern over the dissemination of racist, discriminatory and xenophobic, in particular, anti-Semitic propaganda on the Internet. It recommended that the State party strengthen its efforts to combat racist propaganda on the Internet. The Committee noted with concern that Belarus was a country of transit for the trafficking of women and girls for the purpose of sexual exploitation. It recommended that the State party reinforce ongoing efforts to prevent and combat trafficking and provide support and assistance to victims, wherever possible in their own language. Furthermore, the Committee urged the State party to make determined efforts to prosecute the perpetrators and underlined the paramount importance of prompt and impartial investigations. The Committee reiterated its regrets regarding the lack of information on the situation of minority groups and their enjoyment of all human rights. In particular, it noted the scarcity of information on the Roma. The Committee renewed its request that the State party include detailed information in its next periodic report on the situation of minority groups, in particular Roma and encouraged it to adopt or make more effective legislation prohibiting discrimination in employment and all discriminatory practices in the labour market affecting members of Roma communities and to protect them against such practices. The Committee also regretted the scarcity of information in the State party report on the fundamental rights of non-citizens temporarily or permanently residing in Belarus, including stateless persons, refugees and migrant workers. In this regard, the Committee drew the attention of the State party to its general recommendation 30 on discrimination against non-citizens and invited the State party to consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. In its concluding observations on the report of Mauritania, the Committee welcomed as positive aspects the delegation's announcement that a national plan of action for the promotion and protection of human rights, drawn up in cooperation with the Office of the United Nations High Commissioner for Human Rights, was adopted in September 2003 and the formulation in 2001 of a strategic framework for combating poverty. It also took note with satisfaction of the delegation's statement regarding the deposit of instruments of ratification of both international Covenants on human rights and of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and the adoption on 17 July 2003 of the Act on the Suppression of Trafficking in Persons and, in June 2004, of article 5 of the Labour Code, on the prohibition of forced and compulsory labour. The Committee recommended, among other things, that the State party should carry out a more precise population census that was not limited to linguistic factors, and produce more detailed indicators disaggregated by descent or ethnic origin; incorporate in its domestic law a definition of racial discrimination; and remove all constraints on the exercise of freedom of association. The Committee said it remained concerned at allegations about the very low proportions of black Moors and black Africans in the army, police, administration, Government and other State institutions, and requested detailed information on this matter in the next report. It noted with concern that vestiges of the caste system persisted in Mauritania. It also drew the State party's attention to its general recommendation XXIX concerning racial discrimination based on descent, and suggested that a detailed study on this issue should be included in the State party's next report. It strongly recommended that the State party should launch, in cooperation with non-governmental organizations and religious leaders, a wide-ranging information and public awareness campaign to put an end to slavery-like practices. The Committee also recommended that the State party should take practical measures to encourage the return of black Mauritanian refugees remaining in Mali and Senegal and their full reintegration into Mauritanian society; that the State party should guarantee respect for the principle of non-discrimination in children's access to nationality; and that the State party should take all necessary measures to put a stop to female genital mutilation. The Committee noted that no case of racial discrimination had been brought before the national courts and was concerned that victims' opportunities to obtain a remedy were inadequate. It recommended that the State party should conduct an independent and impartial inquiry when allegations of discrimination and slavery-like practices were brought to its attention. The State party should inform the victims of all remedies available to them, facilitate their access to justice, guarantee their right to just and adequate reparation, and publicise the relevant laws. Following its review of the report of Slovakia the Committee noted with appreciation that the Hungarian minority - the largest national minority in Slovakia - was well integrated in mainstream society and that it was adequately represented, including among high-level civil servants and politicians. The Committee also welcomed the entry into force of the Anti-Discrimination Law on 1 July 2004; the amendment to the Criminal Code by adding 'membership to an ethnic group' to the elements of racially-motivated crimes and by criminalizing offences committed through the Internet; the numerous activities undertaken by the Government Plenipotentiary for Roma minority affairs in promoting and coordinating programmes and projects aimed at achieving equal status for citizens belonging to the Roma community; and also the establishment of several institutions and programmes for the promotion and protection of human rights, in particular in the field of racial discrimination. The Committee shared the delegation's concern that discriminatory attitudes and feelings of hostility towards members of the Roma community were deep-rooted and widespread throughout the country. It recommended that the State party continue to endeavour, by encouraging a genuine dialogue, to improve relations between Roma communities and non-Roma communities with a view to promoting tolerance and overcoming prejudices and negative stereotypes. While the Committee welcomed the extensive measures adopted by the State party in the field of education aimed at improving the situation of Roma children, including the "Roma assistants" project, it continued to express concern at de facto segregation of Roma children in special schools, including special remedial classes for mentally disabled children. The Committee recommended that the State party prevent and avoid the segregation of Roma children, while keeping open the possibility of bilingual or mother tongue tuition. The Committee was alarmed by de facto discrimination against Roma as well as by the very high rate of unemployment among members of the Roma community and recommended that the legislation prohibiting discrimination in employment and all discriminatory practices in the labour market be fully implemented. The Committee was alarmed by the critical health situation of some Roma communities, which was largely a consequence of their poor and inadequate living conditions. The Committee recommended that the State party continue to implement programmes and projects in the field of health for Roma, bearing in mind their disadvantaged situation due to extreme poverty and the low level of education. The Committee was also concerned about reports of cases of sterilization of Roma women without their full and informed consent and strongly recommended that the State party take all necessary measures to put an end to this regrettable practice. In its concluding observations on the report of Argentina, the Committee acknowledged the difficult economic situation recently experienced by the State party. It welcomed as positive aspects the entry into force of immigration law no. 25871 in January 2004, which replaced the former immigration law No. 22439; the ongoing efforts made by the State party to elaborate a National Plan against Discrimination, Xenophobia and Other Forms of Intolerance, with the support of UNDP and OHCHR, as a follow-up to the Durban Declaration and Programme of Action; and the State party's recent signature of the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the assurances given by the State party's representative that ratification was envisaged. The Committee recommended that the State party include in its next periodic report information on the demographic composition of the population, including information on indigenous peoples and minorities, such as Afro-Argentinians and Roma. It also requested that disaggregated statistical information, on investigations and prosecutions launched and penalties imposed in cases of offences which related to racial discrimination and where the relevant provisions of the existing domestic legislation had been applied, be included in the next periodic report. The Committee recommended that the State party take adequate measures to strengthen the functioning of the National Institute against Discrimination (INADI), to reinforce its effectiveness in monitoring all tendencies which might give rise to racist and xenophobic behaviour and to combat all forms of racial discrimination and investigate complaints in this regard. It called upon the State party to enact measures in order to implement the new immigration law no. 25871 law without, delay taking full account of the principle of non-discrimination. The Committee also called upon the State party to increase its efforts to fully respect article 5(b) of the Convention and the principle of non-refoulement of refugees. It urged the State party to develop comprehensive policies and allocate adequate resources to prevent, investigate and punish trafficking in migrants, especially migrant women. Among other measures, it recommended that the State party take appropriate measures to combat racist propaganda in the media; fully implement ILO Convention 169 on Indigenous and Tribal Peoples and adopt, in consultation with indigenous peoples, a general land tenure policy and effective legal procedures to recognize indigenous peoples' titles to land and demarcate territorial boundaries; and adopt all necessary measures to ensure, in consultation with the indigenous communities, a bilingual and intercultural education for indigenous peoples. It its concluding observations on the report of Tajikistan, the Committee welcomed as positive aspects the establishment, in 2002, of a Commission on Fulfilment of International Human Rights Commitments entrusted with the mandate to receive individual complaints and to draft periodic reports under the international human rights instruments. It noted with satisfaction the State party's accession to major United Nations human rights instruments, as well as to the Commonwealth of Independent States Convention concerning the rights of persons belonging to national minorities; that the State party's legislation appeared to be generally in conformity with article 4 of the Convention, and that under article 62 of the Penal Code, racial discrimination was a general aggravating circumstance for criminal offences; and that Tajik law guaranteed the freedom of citizens to choose their language of instruction and to use their language when dealing with government bodies and authorities, enterprises, institutions and associations. It welcomed the fact that the State party consulted with several organizations representing ethnic groups while preparing the initial to fifth periodic reports. The Committee said it was of the view that the elaboration of legislation on racial discrimination including all elements provided by article 1 of the Convention would be a useful tool for combating racial discrimination. It recommended that the State party provide more information on the effective level of participation of members of national and ethnic minorities in State institutions. The Committee was concerned that, according to some information, refugees had been denied Tajik citizenship despite the fact that they complied with the requirements set up in the Law "On Citizenship". It recommended that the State party apply the Law "On Citizenship" without discrimination. The Committee was also concerned that, according to some reports, refugees, in particular Afghan refugees, had been forcibly returned to their countries. It urged the State party to pursue its cooperation with UNHCR to protect persons who had sought refuge in Tajikistan. The Committee recommended that the State party include detailed information in its next report on the situation of the Roma and that a strategy be adopted in order to improve the situation of the Roma and their protection against discrimination by State bodies as well as by any person or organization. The Committee encouraged the State party to undertake consultations with the Uzbek minority and make all efforts to address their concerns about the insufficient number of Uzbek textbooks in the Latin alphabet, adapted to new curricula. It also recommended that the State party ensure that sufficient time was devoted to programmes in minority languages on public radio and television. The Committee recommended that the State party verify that the lack of any court cases of racial discrimination was not the result of victims' lack of awareness of their rights, individuals' lack of confidence in the police and judicial authorities, or the authorities' insufficient attention or sensitivity to cases of racial discrimination. Concerning the report of Portugal the Committee welcomed the enactment of the State's law in November 2002 which enlarged the structure and competencies of the Office of the High Commissioner for Immigration and Ethnic Minorities and established the Advisory Board for Immigration Affairs, tasked with ensuring the participation of associations representative of immigrants, employers' associations and social solidarity institutions in the elaboration of policies promoting social integration and combating exclusion. The Committee noted with appreciation the work performed by the Office of Multiculturalism, especially in promoting numerous programmes and projects in the field of education in respect of children belonging to ethnic minorities, in particular Roma/Gypsies. The Committee also welcomed the several mechanisms established to assist immigrants in Portugal, such as the Observatory of Immigration, the Call Centre "SOS Immigrant" and the local and national support centres for immigrants. The Committee further noted with satisfaction the prohibition of racist organizations. While noting the efforts undertaken by the State party to counter racially motivated violence and discrimination, the Committee continued to be concerned at the occurrence of racially motivated acts and incitement to hatred as well as at the persistence of intolerance and de facto discrimination, in particular towards ethnic minorities. The Committee recommended that the Government pursue and intensify its efforts to eradicate all incitement to, or acts of, racial discrimination. The Committee expressed concern about allegations received of instances of police misconduct towards ethnic minorities or persons of non-Portuguese origin, including excessive use of force, ill treatment and violence. The Committee recommended that the State party investigate thoroughly, impartially and effectively all allegations of ill-treatment, violence or excessive use of force by police officers, bring those responsible to justice and provide adequate remedies and compensation to the victims. The Committee noted that immigrants from Central and Eastern Europe were reportedly more easily accepted and integrated into Portuguese mainstream society than other immigrants, especially Africans, and expressed concern that this phenomenon of "two-speed" integration might result in de facto discrimination towards certain groups of immigrants. The Committee recommended that the State party take all possible measures to promote and ensure the enjoyment of equal opportunities to all immigrants in the country, irrespective of their origin. While the Committee noted the measures taken by the State party in order to improve the situation of Roma/Gypsies, it remained concerned about the difficulties faced by many members of this community in the fields of employment, housing and education, as well as by reported cases of discrimination in daily life and urged the State party to continue taking special measures to ensure the adequate protection of Roma/Gypsies and to promote equal opportunities for the full enjoyment of their economic, social and cultural rights. With regard to the report of Kazakhstan, the Committee noted that the State party was a multi-ethnic country, with numerous very different and significant communities, representing more than 40 per cent of the total population and appreciated the efforts made by the State party to provide information relating to the ethnic composition of the population as well as other statistical data. The Committee also appreciated the initial steps of the State party to establish new human rights organs and the efforts taken to improve them. The Committee noted with satisfaction the information provided on the economic improvement of the country, especially the reduction of unemployment. The Committee noted that there was no specific legislation in the State party regarding racial discrimination, adding that it was of the view that a specific domestic law regarding racial discrimination, implementing the provisions of the Convention, as well as a legal definition of racial discrimination would be a useful tool to combat racial discrimination in the State party. The Committee noted the absence of legislation regarding the status of languages and that little information had been provided by the State party in the participation of minorities on the elaboration of cultural and educational policies and in that regard recommended that the State party adopt legislation on the status of languages. The Committee was concerned that some refugees had been forcibly returned to their countries where there were substantial grounds for believing that they might suffer serious human rights violations and urged the State party to ensure that this practice was eliminated. While acknowledging that the State party had developed a governmental work plan to combat human trafficking, the Committee noted with concern that there was ongoing trafficking of women and children, particularly affecting non-citizens and ethnic minorities. The Committee urged the State party to make determined efforts to prosecute the perpetrators and underlined the paramount importance of prompt and impartial investigations. While acknowledging the efforts made by the State party to confront the scourge of terrorism with a national counter-terrorism programme, the Committee was also concerned about the lack of information on the impact of this programme on the principle of non-discrimination. The Committee noted the absence of court cases regarding racial discrimination in the State party and that only two alleged complaints of racial discrimination were brought before the Commission on Human Rights in 2000 and 2001. The Committee recommended that the State party ensure that the paucity of complaints was not the result of victims' lack of awareness of their rights or limited financial means, individuals' lack of confidence in the police and judicial authorities, or the authorities' lack of attention or sensitivity to cases of racial discrimination. COMMITTEE MEMBERSHIP AND OFFICERS The members of the Committee, elected in their individual capacity, are: Mahmoud Aboul-Nasr (Egypt); Nourredine Amir (Algeria); Alexei Avtonomov (Russian Federation); Ralph Boyd (United States); Jose Francisco Cali Tzay (Guatemala); Fatima-Binta Victoire Dah (Burkina Faso); Régis de Gouttes (France); Kurt Herndl (Austria); Patricia Nozipho January-Bardill (South Africa); Morten Kjaerum (Denmark); José Augusto Lindgren Alves (Brazil); Raghavan Vasudevan Pillai (India); Agha Shahi (Pakistan); Linos Alexander Sicilianos (Greece); Tang Chengyuan (China); Patrick Thornberry (United Kingdom); Luis Valencia Rodriguez (Ecuador); and Mario Jorge Yutzis (Argentina). ========= World Conference Against Racism (WCAR) listserv ========= Send mail intended for the list to <wcar@hrea.org>. 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