A
UNITED
NATIONS
General Assembly
Distr.
GENERAL
A/50/18
22 September 1995
ORIGINAL: ENGLISH
Fiftieth session
Agenda item 103
ELIMINATION OF RACISM AND RACIAL DISCRIMINATION
Report of the Committee on the Elimination
of Racial Discrimination*
_________________________
* The present document is an advance version of the report of the Committee on the Elimination of Racial Discrimination. The final report will be issued as Official Records of the General Assembly, Fiftieth Session, Supplement No. 18 (A/50/18).
95-28869 (E) 061095 /...
*9528869*
CONTENTS
Chapter Paragraphs Page
Letter of transmittal ............................................ 6
I. ORGANIZATIONAL AND RELATED MATTERS ...................1 - 19 8
A. States parties to the International Convention on
the Elimination of All Forms of Racial
Discrimination ...................................1 - 2 8
B. Sessions and agenda ..............................3 - 4 8
C. Membership and attendance ........................5 - 7 8
D. Officers of the Committee ........................ 8 9
E. Cooperation with the International Labour
Organization and the United Nations Educational,
Scientific and Cultural Organization .............9 - 10 10
F. Other matters ....................................11 - 18 10
G. Adoption of the report .......................... 19 11
II. PREVENTION OF RACIAL DISCRIMINATION, INCLUDING EARLY
WARNING AND URGENT PROCEDURES ........................20 - 29 12
A. Decisions adopted by the Committee ...............25 - 26 13
1 (46) Report requested urgently from the Russian
Federation ........................................... 13
2 (46) Decision on the situation in Mexico .................. 14
3 (46) Reports requested urgently from Algeria .............. 14
4 (46) Report requested urgently from the former
Yugoslav Republic of Macedonia ....................... 14
6 (46) Report requested urgently from Burundi ............... 15
7 (46) Rwanda ............................................... 15
8 (46) Papua New Guinea ..................................... 15
1 (47) The situation in Burundi ............................. 16
2 (47) The situation in Bosnia and Herzegovina .............. 17
3 (47) The situation in Papua New Guinea .................... 19
B. Further action by the Committee ..................27 - 29 19
CONTENTS (continued)
Chapter Paragraphs Page
III. CONSIDERATION OF REPORTS, COMMENTS AND INFORMATION
SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE
CONVENTION ...........................................30 - 670 21
A. Reports considered ...............................30 - 668 21
Trinidad and Tobago ..............................31 - 48 21
Cyprus ...........................................49 - 76 23
Italy ............................................77 - 109 27
Sri Lanka ........................................110 - 142 32
Croatia ..........................................143 - 178 36
Peru .............................................179 - 204 41
Bosnia and Herzegovina ...........................205 - 225 46
Federal Republic of Yugoslavia (Serbia and
Montenegro) ......................................226 - 246 48
Romania ..........................................247 - 278 53
Guatemala ........................................279 - 320 58
Belarus ..........................................321 - 352 63
Mexico ...........................................353 - 398 66
New Zealand ......................................399 - 459 72
El Salvador ......................................460 - 498 83
Nicaragua ........................................499 - 541 89
United Arab Emirates .............................542 - 572 95
United Republic of Tanzania ......................573 - 586 98
Sierra Leone .....................................587 - 592 100
Somalia ..........................................593 - 596 100
Madagascar ....................................... 597 101
Nigeria ..........................................598 - 636 101
Chad .............................................637 - 668 106
B. Statement concerning Israel adopted by the
Committee at its forty-sixth session .............669 - 670 111
CONTENTS (continued)
Chapter Paragraphs Page
IV. CONSIDERATION OF COMMUNICATIONS UNDER ARTICLE 14 OF
THE CONVENTION .......................................671 - 680 112
V. CONSIDERATION OF COPIES OF PETITIONS, COPIES OF
REPORTS AND OTHER INFORMATION RELATING TO TRUST AND
NON-SELF-GOVERNING TERRITORIES AND TO ALL OTHER
TERRITORIES TO WHICH GENERAL ASSEMBLY RESOLUTION
1514 (XV) APPLIES, IN CONFORMITY WITH ARTICLE 15
OF THE CONVENTION ....................................681 - 684 114
VI. ACTION BY THE GENERAL ASSEMBLY AT ITS FORTY-NINTH
SESSION ..............................................685 - 687 115
A. Annual report submitted by the Committee on the
Elimination of Racial Discrimination under
article 9, paragraph 2, of the Convention ........ 686 115
B. Effective implementation of international
instruments on human rights, including reporting
obligations under international instruments on
human rights ..................................... 687 115
VII. SUBMISSION OF REPORTS BY STATES PARTIES UNDER
ARTICLE 9 OF THE CONVENTION ..........................688 - 693 116
A. Reports received by the Committee ................ 688 116
B. Reports not yet received by the Committee ........ 689 118
C. Action taken by the Committee to ensure submission
of reports by States parties .....................690 - 693 127
VIII.THIRD DECADE TO COMBAT RACISM AND RACIAL
DISCRIMINATION .......................................694 - 702 129
Annexes
I. A. States parties to the International Convention on the
Elimination of All Forms of Racial Discrimination (143), as
at 18 August 1995 ............................................ 135
B. States parties that have made the declaration under
article 14, paragraph 1, of the Convention (22), as at
18 August 1995 ............................................... 139
C. States parties that have accepted the amendments to the
Convention adopted at the fourteenth meeting of States
parties (17), as at 18 August 1995 ........................... 140
CONTENTS (continued)
Page
II. Agendas of the forty-sixth and forty-seventh sessions ............ 141
A. Forty-sixth session .......................................... 141
B. Forty-seventh session ........................................ 141
III. Contribution of the Committee on the Elimination of Racial
Discrimination to the United Nations Decade for Human Rights
Education ........................................................ 143
IV. List of documents issued for the forty-sixth and forty-seventh
sessions of the Committee ........................................ 144
V. Documents received by the Committee at its forty-sixth and
forty-seventh sessions in conformity with article 15 of the
Convention ....................................................... 146
VI. Country rapporteurs for reports considered by the Committee at its
forty-sixth and forty-seventh sessions ........................... 147
VII. General recommendation XIX (47) on article 3, adopted at the
1125th meeting, 17 August 1995 ................................... 150
VIII.Decision of the Committee on the Elimination of Racial
Discrimination under article 14 of the International Convention on
the Elimination of All Forms of Racial Discrimination ............ 151
LETTER OF TRANSMITTAL
18 August 1995
Sir,
In its report a year ago the Committee observed that "events in Rwanda have also demonstrated that it would be more effective to take preventive action before open hostilities break out. Procedures for early warning and urgent action desperately need improvement". During the present year the Committee has taken several initiatives to improve its contribution to the prevention of racial discrimination.
In many conflicts sentiments of ethnic belonging are mixed with sentiments of a religious or political character. The text of the Convention provides little guidance on the differentiation of ethnic from political motivation, while the position is further complicated by its definition of racial discrimination as covering distinctions which are racial either in their purpose or their effect. In several of the situations considered during 1995, Committee members were uncertain whether the ethnic elements in the apparent tensions were sufficient to bring the situation within the scope of the Convention. They concluded that they should first request further information from the State party and decide later whether the Convention had any bearing upon the situation in question. This action on the Committee's part is described in chapter II of the present report, dealing with preventive measures.
United Nations policies against racial discrimination have usually concentrated upon extreme forms like apartheid or "ethnic cleansing". They have neglected the importance of everyday discrimination, whether it be based upon race, ethnic origin, gender, age, social class or disability, and the features which these have in common. By way of example, we cite the resolutions of the General Assembly on the Third Decade to Combat Racism and Racial Discrimination which referred to "all forms of racism and racial discrimination, whether in their institutionalized form or resulting from official doctrines of racial superiority or exclusivity" (49/146, para. 1). The Committee has identified many forms of racial discrimination which are neither institutionalized nor the result of official doctrines. Racial discrimination occurs, or can occur, in almost any circumstances and has many causes. Any statement on this subject should take account of the principal lessons that have been learned since the adoption of the Convention in 1965.
Many State officials have only a partial understanding of racial discrimination. For example, in 1994, 16 States informed the United Nations that racial discrimination and xenophobia did not exist on their territory (A/49/677, para. 45). The Committee on the Elimination of Racial Discrimination has found, to the contrary, that it is everywhere possible for a person to receive less favourable treatment because of his or her race, colour, descent, national or ethnic origin. It is sad that, 25 years after the Committee started its work, its contributions have not been better studied and better understood. The Committee therefore welcomes the studies being conducted as part of the Migration for Employment Programme of the International Labour Office which, by the use of experimental methods, illuminate the nature and incidence of racial
His Excellency Mr. Boutros Boutros-Ghali
Secretary-General of the United Nations
New York
discrimination. Comparable studies could well be carried out in other fields, such as housing. If such studies were to be conducted in countries which believe themselves to be free from racial discrimination, the findings might well be salutary.
Chapter III of the present report describes the Committee's consideration of the implementation of the Convention in 22 States. In 18 instances this consideration has been based upon periodic reports submitted by the State party. In two cases it has been based upon the Committee's procedure in respect of States whose periodic reports are seriously overdue; one of these have now been reviewed for a second time under this procedure. The States parties at their sixteenth meeting may like to consider whether any action is needed from them when periodic reports have been overdue for such long periods.
The Committee's activities in respect of the prevention of discrimination have added greatly to its workload and are obliging it to adjust its working methods.
Subsequent chapters of this report describe the Committee's action in respect of individual communications, the Third Decade to Combat Racism and Racial Discrimination (including its collaboration with the Sub-Commission on the Prevention of Discrimination and Protection of Minorities), the United Nations Decade for Human Rights Education, and meetings with the Special Rapporteurs of the Commission on Human Rights on the former Yugoslavia and on racism and xenophobia. The Committee has adopted a general recommendation on article 3 of the Convention and has given consideration to proposed general recommendations on article 5, and on the relevance to the Convention of the right of self-determination. Mr. T. Mazowiecki advised the Committee against following the reasoning of those who say that they cannot live in a pluralistic society, but CERD had already gone on record (A/48/18, paras. 468-469) as "concerned that partition along ethnic lines in Bosnia and Herzegovina could encourage groups elsewhere who were unwilling to respect the territorial integrity of States. The Committee strongly supported the principle of multi-ethnic societies ... ." Nothing has happened since then to weaken our support for this principle, and much has happened to underline its importance. Frontiers are to be preserved, and people have to be helped to live peacefully with all others whose homes are within these frontiers. The prevention of discrimination is crucial to future peace.
Accept, Sir, the assurances of my highest consideration.
(Signed) Ivan Garvalov
Chairman
Committee on the Elimination
of Racial Discrimination
I. ORGANIZATIONAL AND RELATED MATTERS
A. States parties to the International Convention on the
Elimination of All Forms of Racial Discrimination
1. As at 18 August 1995, the closing date of the forty-seventh session of the Committee on the Elimination of Racial Discrimination, there were 143 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination, which was adopted by the General Assembly in resolution 2106 A (XX) of 21 December 1965 and opened for signature and ratification in New York on 7 March 1966. The Convention entered into force on 4 January 1969 in accordance with the provisions of its article 19.
2. By the closing date of the forty-seventh session, 21 of the 143 States parties to the Convention had made the declaration envisaged in article 14, paragraph 1, of the Convention. Article 14 of the Convention entered into force on 3 December 1982, following the deposit with the Secretary-General of the tenth declaration recognizing the competence of the Committee to receive and consider communications from individuals or groups of individuals who claim to be victims of a violation by the State party concerned of any of the rights set forth in the Convention. Lists of States parties to the Convention and of those which have made the declaration under article 14 are contained in annex I to the present report, as is a list of States parties that have accepted the amendments to the Convention adopted at the fourteenth meeting of States parties (17), as at 18 August 1995.
B. Sessions and agenda
3. The Committee on the Elimination of Racial Discrimination held two regular sessions in 1995. The forty-sixth (1070th-1098th meetings) and forty-seventh (1099th-1128th meetings) sessions were held at the United Nations Office at Geneva from 27 February to 17 March and from 31 July to 18 August 1995 respectively.
4. The agendas of the forty-sixth and forty-seventh sessions, as adopted by the Committee, are reproduced in annex II.
C. Membership and attendance
5. In accordance with the provisions of article 8 of the Convention, the States parties held their fifteenth meeting at United Nations Headquarters on 17 January 1994 1/ and elected nine members of the Committee from among the candidates nominated to replace those whose term of office was due to expire on 19 January 1994.
6. The list of members of the Committee for 1994-1996, including those elected or re-elected on 17 January 1994, is as follows:
Name of member |
Country of nationality |
Term expires on 19 January |
Mr. Mamoud ABOUL-NASR** |
Egypt |
1998 |
Mr. Hamzat AHMADU** |
Nigeria |
1998 |
Mr. Michael Parker BANTON** |
United Kingdom of Great Britain and Northern Ireland |
1998 |
Mr. Theodoor van BOVEN |
Netherlands |
1996 |
Mr. Andrew CHIGOVERA* |
Zimbabwe |
1998 |
Mr. Ion DIACONU |
Romania |
1996 |
Mr. Eduardo FERRERO COSTA |
Peru |
1996 |
Mr. Ivan GARVALOV |
Bulgaria |
1996 |
Mr. Régis de GOUTTES** |
France |
1998 |
Mr. Carlos LECHUGA HEVIA** |
Cuba |
1998 |
Mr. Yuri A. RECHETOV |
Russian Federation |
1996 |
Mrs. Shanti SADIQ ALI |
India |
1996 |
Mr. Agha SHAHI** |
Pakistan |
1998 |
Mr. Michael E. SHERIFIS** |
Cyprus |
1998 |
Mr. SONG Shuhua |
China |
1996 |
Mr. Luis VALENCIA RODRIGUEZ |
Ecuador |
1996 |
Mr. Rüdiger WOLFRUM |
Germany |
1998 |
Mr. Mario Jorge YUTZIS |
Argentina |
1996 |
________________________
* Elected on 17 January 1994.
** Re-elected on 17 January 1994.
7. All members of the Committee except Mr. Diaconu attended the forty-sixth session and all members attended the forty-seventh session.
D. Officers of the Committee
8. The officers elected at the forty-fourth session for a term of two years continued to serve at the forty-sixth and forty-seventh sessions. They are as follows:
Chairman: Mr. Ivan GARVALOV
Vice-Chairmen: Mr. Hamzat AHMADU
Mr. Carlos LECHUGA HEVIA
Mr. Michael SHERIFIS
Rapporteur: Mr. Michael Parker BANTON
E. Cooperation with the International Labour Organization
and the United Nations Educational, Scientific and
Cultural Organization
9. In accordance with Committee decision 2 (VI) of 21 August 1972 concerning cooperation with the International Labour Organization (ILO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO), 2/ both organizations were invited to attend the sessions of the Committee.
10. Reports of the ILO Committee of Experts on the Application of Conventions and Recommendations, submitted to the International Labour Conference, were made available to the members of the Committee on the Elimination of Racial Discrimination, in accordance with arrangements for cooperation between the two Committees. The Committee took note with appreciation of the reports of the Committee of Experts, in particular of those sections which dealt with the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Indigenous and Tribal Populations Convention, 1957 (No. 107), as well as other information in the reports relevant to its activities.
F. Other matters
11. Mr. Ibrahima Fall, Assistant Secretary-General for Human Rights, addressed the Committee at the opening of the forty-sixth session (see CERD/C/SR.1071).
12. At its 1070th meeting (forty-sixth session), held on 27 February 1995, the Committee observed one minute of respectful silence in memory of Mr. André Braunschweig, former member of the Committee, and Mrs. Kati David, Secretary-General of the Anti-Racism Information Service (ARIS), and paid tribute to Mr. Enayat Houshmand who had recently retired from his service with the United Nations and who had made substantive and dedicated contributions to the Committee since its beginning in 1970.
13. The Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia, Mr. Tadeuz Mazowiecki, met with the Committee at its 1071st meeting held on 27 February 1995. Mr. Mazowiecki explained his working methods and current concerns, and the members of the Committee held a dialogue with him with regard to his analysis of the nature of the conflicts currently taking place in States on the territory of the former Yugoslavia.
14. At its 1070th meeting held on 27 February 1995 the Committee decided to conduct a general debate on the subject of racial discrimination. The general debate occurred at the 1073rd and 1074th meetings held on 28 February and 1 March 1995. In the course of the discussion, members made reference, inter alia, to the origins of the phenomenon of racial discrimination, the implementation and effectiveness of the International Convention on the Elimination of All Forms of Racial Discrimination, the need to improve cooperation between the various international responses to racial discrimination, the working methods of the Committee and the value of drafting new general recommendations. Concerning the first two points it was noted that there had been a rise in expressions of racial hatred and a recurrence of the propagation of absurd racist theories. In that regard concern was expressed as to the extent of implementation of article 4 of the Convention. Members also considered that the Committee should devote closer attention to the implementation of the obligations contained in article 7 of the Convention with regard to the development of programmes of education to combat racist thought and racial discrimination.
15. During the general debate members expressed the view that the Committee's working methods might be improved and there was emphasis on the need for improved flows of relevant information from other international sources, such as on the activities of special rapporteurs of the Commission on Human Rights and of other treaty bodies. A number of members drew attention to the importance of close collaboration with the Council of Europe in order to share information and to develop complementary rather than potentially competing work practices. The important role of non-governmental organizations in informally presenting information to Committee members was stressed.
16. It was agreed during the general debate that the Committee should draft a general recommendation on the issue of self-determination which would indicate the position of the Committee on that very important matter. A number of members also proposed that CERD and the other treaty bodies should be represented when the General Assembly discussed their annual reports, in order to present the reports orally and to hold direct discussion with the Member States at the General Assembly.
17. At its 1098th meeting held on 17 March 1995, the Committee adopted decision 9 (46), "Contribution of the Committee on the Elimination of Racial Discrimination to the United Nations Decade for Human Rights Education", indicating the provisions of the Convention which address the issue of education to counter racial discrimination, drawing attention to the continuing work of the Committee in implementing these provisions, and offering comments on elements of the report of the Secretary-General on the United Nations Decade for Human Rights Education (A/49/261/Add.1). The text of the decision is reproduced in annex III.
18. At its 1125th meeting, held on 17 August 1995, the Committee adopted general recommendation XIX (47) on article 3. The text of the general recommendation is reproduced in annex VII.
G. Adoption of the report
19. At its 1127th meeting, held on 18 August 1995, the Committee adopted its annual report to the General Assembly.
II. PREVENTION OF RACIAL DISCRIMINATION, INCLUDING EARLY WARNING
AND URGENT PROCEDURES
20. The Committee decided at its forty-fifth session to establish this item as one of its regular and principal agenda items.
21. At its forty-second session (1993), the Committee noted the conclusion adopted by the fourth meeting of persons chairing the human rights treaty bodies that:
"... the treaty bodies have an important role in seeking to prevent as well as to respond to human rights violations. It is thus appropriate for each treaty body to undertake an urgent examination of all possible measures that it might take, within its competence, both to prevent human rights violations from occurring and to monitor more closely emergency situations of all kinds arising within the jurisdiction of States parties. Where procedural innovations are required for this purpose, they should be considered as soon as possible." (A/47/628, para. 44)
22. As a result of its discussion of that conclusion of the meeting of chairpersons, the Committee, at its 979th meeting held on 17 March 1993, adopted a working paper to guide it in its future work concerning possible measures to prevent, as well as more effectively respond to violations of the Convention (see A/48/18, annex III). The Committee noted in its working paper that efforts to prevent serious violations of the International Convention on the Elimination of All Forms of Racial Discrimination would include the following:
(a) Early warning measures: these would be aimed at addressing existing problems from escalating into conflicts and would also include confidence-building measures to identify and support structures to strengthen racial tolerance and solidify peace in order to prevent a relapse into conflict in situations where it has occurred. In that connection, criteria for early warning could include some of the following concerns: the lack of an adequate legislative basis for defining and criminalizing all forms of racial discrimination, as provided for in the Convention; inadequate implementation or enforcement mechanisms, including the lack of recourse procedures; the presence of a pattern of escalating racial hatred and violence, or racist propaganda or appeals to racial intolerance by persons, groups or organizations, notably by elected or other officials; a significant pattern of racial discrimination evidenced in social and economic indicators; and significant flows of refugees or displaced persons resulting from a pattern of racial discrimination or encroachment on the lands of minority communities;
(b) Urgent procedures: these would aim at responding to problems requiring immediate attention to prevent or limit the scale or number of serious violations of the Convention. Possible criteria for initiating an urgent procedure could include the presence of a serious, massive or persistent pattern of racial discrimination; or that the situation is serious and there is a risk of further racial discrimination.
23. At its 1028th and 1029th meetings, held on 10 March 1994, the Committee considered possible amendments to its rules of procedure which would take into account the working paper it had adopted in 1993 on the prevention of racial discrimination, including early warning and urgent procedures. During the discussions which followed, the view was expressed that it was too early to make changes in the rules of procedure in order to take account of procedures adopted only very recently. There was a risk that the Committee might be locking itself into rules which would soon no longer fit needs. It would, therefore, be better for the Committee to have more experience of the procedures in question and to amend its rules at a later point based on that experience. At its 1039th meeting, held on 17 March 1994, the Committee decided to postpone to a later session further consideration of proposals to amend its rules of procedure.
24. The following sections describe decisions adopted and further action taken by the Committee at its forty-sixth and forty-seventh sessions within the framework of its efforts to prevent racial discrimination. At earlier sessions the Committee had commenced consideration under this agenda item of Israel, Croatia, Bosnia and Herzegovina, the Federal Republic of Yugoslavia (Serbia and Montenegro), Papua New Guinea, Rwanda and Burundi. At the forty-sixth session the Committee decided also to consider under this agenda item the Russian Federation, Mexico, Algeria and the former Yugoslav Republic of Macedonia. At the forty-sixth session decisions were adopted concerning the Russian Federation, Mexico, Algeria, the former Yugoslav Republic of Macedonia, Burundi, Rwanda and Papua New Guinea. The situation in Croatia, Bosnia and Herzegovina, the Federal Republic of Yugoslavia (Serbia and Montenegro) and Israel was considered at the forty-sixth session under agenda item 3 and is reported accordingly. At the forty-seventh session decisions were adopted concerning Burundi, Bosnia and Herzegovina and Papua New Guinea. At the forty-seventh session further consideration of the Russian Federation and the former Yugoslav Republic of Macedonia was deferred to the forty-eighth session. Action at the forty-seventh session concerning Algeria is described below. The situation in Mexico was considered at the forty-seventh session under agenda item 3 and is reported accordingly.
A. Decisions adopted by the Committee
25. The following decisions were adopted by the Committee under this agenda item at its forty-sixth session.
1 (46). Report requested urgently from the Russian Federation
The Committee on the Elimination of Racial Discrimination views with concern the situation of human rights in the Republic of Chechnya. It expresses alarm over the disproportionate use of force by the Russian armed forces and the massive loss of life which has resulted in Chechnya. The Committee deplores the destruction of civilian property. It condemns all violations of human rights and of international humanitarian law. It calls for all those who have committed such violations to be brought to justice.
The Committee on the Elimination of Racial Discrimination calls urgently for an immediate cessation to the fighting and for a dialogue to achieve a peaceful solution while respecting the territorial integrity and the Constitution of the Russian Federation.
The twelfth and thirteenth periodic reports of the Russian Federation were due on 5 March 1992 and 1994 respectively. Bearing in mind its powers under article 9, paragraph 1 (b), of the International Convention on the Elimination of All Forms of Racial Discrimination, the Committee requests the Russian Federation to expedite its periodic reports to permit their consideration at the Committee's forty-seventh session.
The Committee further requests the United Nations High Commissioner for Human Rights to inform it of the results of his dialogue with the Russian Government in implementation of his mandate with a view to securing respect for all human rights.
1086th meeting
9 March 1995
2 (46). Decision on the situation in Mexico
The Committee on the Elimination of Racial Discrimination expresses its concern about reports of serious conflicts in the State of Chiapas which particularly affect some indigenous populations in Mexico.
The Committee has received the ninth and tenth periodic reports of Mexico and scheduled them for consideration at its forty-seventh session in August 1995. In accordance with article 9, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, the Committee requests the Government of Mexico to submit further information on the situation in Chiapas in time for consideration together with the ninth and tenth reports.
The Committee decides to bring this text to the attention of the United Nations High Commissioner for Human Rights.
1086th meeting
9 March 1995
3 (46). Reports requested urgently from Algeria
Alarmed by the continuing violence in Algeria, the Committee on the Elimination of Racial Discrimination, in accordance with article 9, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, requests the Government of Algeria to expedite its eleventh and twelfth periodic reports, due on 15 March 1993 and 1995 respectively, with particular reference to article 5 (b) of the Convention.
1089th meeting
10 March 1995
4 (46). Report requested urgently from the former
Yugoslav Republic of Macedonia
Concerned by reports of ethnic tension, the Committee on the Elimination of Racial Discrimination requests the Government of the former Yugoslav Republic of Macedonia to expedite its initial report, due on 18 January 1995, in order to facilitate consideration at the Committee's forty-seventh session of the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination in the former Yugoslav Republic of Macedonia.
1089th meeting
10 March 1995
6 (46). Report requested urgently from Burundi
Concerned by reports of continuing ethnic tension in Burundi, the Committee, in accordance with article 9, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, requests the Government of Burundi to expedite its seventh, eighth and ninth periodic reports, due on 26 November 1990, 1992 and 1994 respectively, in order to facilitate consideration at the Committee's forty-seventh session of the implementation of the Convention in Burundi, including specific information on the measures taken by the Government to reorganize public institutions to ensure balanced participation by all population groups in the conduct of public affairs.
The Committee is alarmed by reports of the atmosphere of impunity prevailing in Burundi and supports the appeal for an increased international presence made by the United Nations High Commissioner for Human Rights on 16 February 1995 to prevent further deterioration of the situation.
1097th meeting
16 March 1995
7 (46). Rwanda
The Committee expresses its dismay at the tragic circumstances prevailing in Rwanda and endorses the conclusions of the Special Rapporteur on the situation of human rights in Rwanda of the Commission on Human Rights (E/CN.4/1995/71, paras. 49-51). It underlines his statement in paragraph 50 that very rapid action is required if the international community is not to be the powerless spectator of a second war and further massacres, and his recommendation 4 (b) about the convening of an international conference. The Committee also underlines the conclusions of the representative of the Secretary-General on internally displaced persons (see E/CN.4/1995/50/Add.4) concerning the importance of international action to secure the return of displaced persons.
The Committee decides that this text should be transmitted to the United Nations High Commissioner for Human Rights.
1097th meeting
16 March 1995
8 (46). Papua New Guinea
The Committee reiterates its concluding observations, adopted at its 1010th meeting on 19 August 1993 and at its 1060th meeting on 12 August 1994, in which it expressed concern at reports of serious human rights violations in Bougainville, including summary executions and population transfers, as well as possible large-scale mining operations in Bougainville without due regard to the rights of the ethnically distinct population or the adverse effects of environmental degradation.
It notes with appreciation that a process to re-establish peace on the Papua New Guinea island of Bougainville has been initiated and that the "Mirigini Charter" was signed on 25 November 1994. The Committee, however, notes with concern that most leaders of the Bougainville Revolutionary Army and the organization known as the Bougainville Interim Government did not participate in the Bougainville Peace Conference, held in October 1994, which provided the basis for discussions leading to the signing of the "Mirigini Charter".
The Committee urges that in the future all parties participate in the negotiations towards a total cessation of armed conflict and the restoration of peace, which is crucial to the full implementation of human rights without distinction as to race, colour or national or ethnic origin.
The Committee renews its offer to the Government of Papua New Guinea to provide assistance in efforts to strengthen national mechanisms for the promotion and protection of human rights and in particular for protection against racial discrimination. It calls upon the Government of Papua New Guinea to renew its dialogue with the Committee, in accordance with article 9 of the Convention, and to expedite its periodic reports which were due on 26 February 1985, 1987, 1989, 1991, 1993 and 1995, respectively, and which should contain specific information on the situation prevailing on the island of Bougainville. Such information should reach the Committee in time to be considered at its forty-seventh session in August 1995.
1097th meeting
16 March 1995
26. The following decisions were adopted by the Committee under this agenda item at its forty-seventh session.
1 (47). The situation in Burundi
The Committee on the Elimination of Racial Discrimination,
Alarmed by reports of the breakdown of law and order in large parts of the territory of Burundi, a State party to the International Convention on the Elimination of All Forms of Racial Discrimination, which is leading to a further deterioration in a critical situation that has the potential for genocide,
Recalling its decision 2 (45) on the same subject, and reiterating the concerns and recommendations contained in that decision,
Fearing that the breakdown of law and order may cancel the benefits of the current efforts of the United Nations to support civil institutions in the country,
Endorsing the recommendations of the Representative of the Secretary-General (E/CN.4/1995/50/Add.2, chap. III) and the Special Rapporteur on extrajudicial, summary or arbitrary executions (E/CN.4/1996/4/Add.1, chap. VI),
Decides:
(a) To ask the General Assembly and the Security Council to take decisive steps with a view to stopping all violence and preventing another explosive conflict and to begin, in cooperation with the Government and all political forces in Burundi, to implement the following recommendations in particular: