Fifty-fourth session (1–19 March 1999)
Fifty-fifth session (2–27 August 1999)
Sir,
In the letter transmitting the Committee on the Elimination of Racial Discrimination's last annual report, I drew attention to a decision in the first chapter recommending the convening of winter sessions of the Committee in New York in accordance with article 10, paragraph 4, of the Convention. A significant number of States parties to the Convention, virtually all from developing countries, lack diplomatic representation in Geneva while maintaining Permanent Missions in New York. Our experience has demonstrated that many of these States are frequently unable to send representatives to Geneva to present their reports and engage in dialogue with the Committee. I recall this decision because our arguments have not yet been addressed and the Committee has now adopted a further decision, 4 (55), to be found in the present chapter I.
As you are aware, the Committee at present includes only one expert from Africa. The Committee hopes that when the States parties meet early in 2000 to elect members to serve a new term of office their attention will be drawn to article 8, paragraph 1, of the Convention, which stipulates that consideration should be given to equitable geographical distribution and to the representation of the different forms of civilization as well as of the principal legal systems.
The Committee is alarmed that in many regions of the world political tensions find expression in racial and ethnic conflict. It takes such action as its mandate permits to draw attention to impending ethnic conflict. Chapter II reports our decisions and statements concerning five States parties, the human rights of the Kurdish people, the abuses in Kosovo (Federal Republic of Yugoslavia) and the problems in some African States.
Chapter III reports on our examination of the reports and information received from States parties. Under the Convention, periodic reports are due every two years, but some States are seriously overdue in their submission of reports. Since it may be important to consider the application of the Convention in non-reporting States, the Committee undertakes a review when a report is overdue by five years or more. By the end of 1998, 95 States had been scheduled for review. In 35 instances, States responded by submitting the overdue report, while others requested deferment to enable them to prepare a report. In 53 instances application of the Convention in a State has been considered in the absence of a report; sometimes, the State has been represented, sometimes it has not. As can be seen from chapter VII, section A, of this report, despite the Convention's relatively short reporting cycle, the Committee has no backlog of reports awaiting consideration.
Accept, Sir, the assurances of my highest consideration.
Organizational and related matters
1. As at 27 August 1999, the closing date of the fifty-fifth session of the Committee on the Elimination of Racial Discrimination, there were 155 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 fifty-fifth session, 28 of the 155 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 the 24 States parties that have accepted the amendments to the Convention adopted at the fourteenth meeting of States parties, as at 27 August 1999.
3. The Committee on the Elimination of Racial Discrimination held two regular sessions in 1999. The fifty-fourth (1304th-1332nd meetings) and fifty-fifth (1333rd-1371st meetings) sessions were held at the United Nations Office at Geneva from 1 to 19 March and from 2 to 27 August 1999, respectively.
4. The agendas of the fifty-fourth and fifty-fifth sessions, as adopted by the Committee, are reproduced in annex II.
5. In accordance with the provisions of article 8 of the Convention, the States parties held their seventeenth meeting at United Nations Headquarters on 14 January 19981 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 1998.
6. The list of mebers of the Committee for 1998-2000, including those elected or re-elected on 14 January 1998, is as follows:
** Re-elected on 14 January 1998.
7. All the members of the Committee attended the fifty-fourth session with the exception of Mr. Wolfrum. Mr. Ferrero Costa attended the first two weeks of the fifty-fourth session. All members attended the fifty-fifth session with the exception of Mr. Nobel. Mr. Ferrero Costa and Mr. Wolfrum attended the first two weeks of the fifty-fifth session.
8. At its 1245th meeting (fifty-second session), on 2 March 1998, the Committee elected the following officers for a term of two years (1998-2000), in accordance with article 10, paragraph 2, of the Convention:
Chairman: Mr. Mahmoud Aboul-Nasr
Vice-Chairmen:
Mr. Ion Diaconu
Mr. Michael E. Sherifis
Mr. Mario Jorge Yutzis
Rapporteur: Mr. Michael Parker Banton
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 the two 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 Peoples Convention, 1989 (No. 169), as well as other information in the reports relevant to its activities.
11. At the 1304th meeting, on 1 March 1999, the United Nations Deputy High Commissioner for Human Rights opened the fifty-fourth session of the Committee. He discussed the historical development of the principle of non-discrimination in international law, making reference to the Universal Declaration of Human Rights and the Convention. The Deputy High Commissioner also cited the need for United Nations organs to cooperate with the ILO and UNESCO to eliminate racial discrimination in the field of employment and access to education, respectively. He also referred to the Committee's General Comment No. XVII which recommends that States parties establish national commissions or other appropriate bodies to provide protection against racial discrimination. The Deputy High Commissioner applauded the Committee's decision, taken at its forty-fifth session, to include prevention of racial discrimination as a regular agenda item, stating that the challenge for the twenty-first century lay in preventive measures to be taken. He also encouraged the Committee to continue to be significantly involved in the preparatory process for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the World Conference itself (see CERD/C/SR.1304).
12. At the 1350th meeting (fifty-fifth session), on 12 August 1999, the United Nations High Commissioner for Human Rights addressed the Committee. She thanked the Committee for its contributions to date regarding the preparations for the upcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. She indicated that the involvement of the Committee in the process of preparing the World Conference, and its participation in the Conference itself, were essential. She also commended the Committee's efforts to take a preventive approach to racial discrimination. The High Commissioner indicated that she was taking steps to strengthen the resources accorded to treaty bodies through voluntary contributions and, in this regard, the Committee indicated its support for her efforts to launch the draft plan of action for strengthening the implementation of the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (see CERD/C/SR.1350).
13. At its 1354th meeting (fifty-fifth session), on 16 August 1999, the Committee adopted amendments to its general guidelines regarding the form and contents of reports to be submitted by States parties under article 9, paragraph 1, of the Convention (CERD/C/70/Rev.3). A revised version of the general guidelines is to be issued to reflect these amendments.
14. At its 1370th meeting (fifty-fifth session), on 26 August 1999, the Committee adopted decision 4 (55), in which it requested that its fifty-eighth session in March 2001 be held at United Nations Headquarters in New York.
Decision regarding organizational matters adopted by the Committee at its fifty-fifth session
The Committee on the Elimination of Racial Discrimination,
Recalling that article 10, paragraph 4, of the International Convention on the Elimination of All Forms of Racial Discrimination provides that the meetings of the Committee shall normally be held at United Nations Headquarters,
Reaffirming its decision 8 (53), taken after having considered the Secretary-General's estimate of financial implications,
Realizing that some States parties, especially developing countries in Africa, Asia and Latin America, maintain diplomatic missions in New York but not at Geneva, and that some of these States encounter financial and other difficulties in attending the meetings of the Committee when their reports are to be examined at Geneva,
Realizing further that these States have difficulty in engaging in a dialogue with the Committee,
Noting that meetings of other treaty bodies are held both at Geneva and in New York,
Also recalling that for its first eighteen years the Committee met regularly in New York,
1. Decides that, in order to discharge its responsibilities under the Convention, it will hold its fifty-eighth session in March 2001 at United Nations Headquarters in New York;
2. Requests the General Assembly to take appropriate measures to implement this decision.
15. At its 1371st meeting, on 27 August 1999, the Committee adopted its annual report to the General Assembly.
Prevention of racial discrimination, including early warning and urgent procedures
16. The Committee decided at its forty-first session to establish this item as one of its regular and principal agenda items.
17. 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, annex, para. 44)
18. As a result of its discussion of that conclusion of the meeting of chairpersons, the Committee, at its 979th meeting, 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.3 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 so as to prevent them 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 of 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.
19. At its 1028th and 1029th meetings, 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 its needs. It would, therefore, be better for the Committee to have more experience with the procedures in question and to amend its rules at a later date on the basis of that experience. At its 1039th meeting, on 17 March 1994, the Committee decided to postpone to a later session further consideration of proposals to amend its rules of procedure.
20. The following sections describe decisions adopted and further action taken by the Committee at its fifty-fourth and fifty-fifth sessions within the framework of its efforts to prevent racial discrimination. At earlier sessions the Committee considered the situation in the following States parties under this agenda item: Algeria, Bosnia and Herzegovina, Burundi, Croatia, Cyprus, Democratic Republic of the Congo, Israel, Liberia, Mexico, Papua New Guinea, Russian Federation, Rwanda, the former Yugoslav Republic of Macedonia and Yugoslavia.
21. At its fifty-fourth session, the Committee considered the situation in Australia, the Czech Republic, the Democratic Republic of the Congo, Rwanda, the Sudan and Yugoslavia. At the Committee's request, special reports were submitted by Australia (CERD/C/347), the Czech Republic (CERD/C/348) and Yugoslavia (CERD/C/364). The Committee adopted the decisions set out below with respect to these States parties, with the exception of the Czech Republic, for which it decided to further consider the issues raised when the Czech Republic submitted its next periodic report (see CERD/C/SR.1332).
Decision 1 (54) on Yugoslavia
1. In its decision 3 (53) adopted on 17 August 1998 at its fifty-third session, the Committee had expressed its deep concern about the persisting grave violations of basic human rights occurring in Kosovo and had requested the Government of the Federal Republic of Yugoslavia to submit additional information about the attempts that had been made to achieve a peaceful solution to the situation. On the basis of the report submitted by the State party (CERD/C/364), the Committee re-examined the situation in Kosovo under its early warning and urgent action procedures at its fifty-fourth session and adopted the following decision.
2. The Committee reaffirms its earlier decisions and its concluding observations of 30 March 1998 concerning Yugoslavia and refers to its general recommendation XXI (48) of 8 March 1996. It further notes Security Council resolution 1203 (1998) of 24 October 1998.
3. In the light of the current tragic events occurring in Kosovo, the Committee expresses its appreciation to the State party for having submitted additional information as requested by the Committee and having contributed to a continuing dialogue with the Committee.
4. However, the Committee notes with dissatisfaction the apparent one-sided characterization of the conflict in its report. The State party, in its report as well as in its oral statements, made serious allegations of human rights violations committed by what was therein referred to as a terrorist organization, generally known as the Kosovo Liberation Army (KLA). There was no willingness from the side of the State party to acknowledge that some of its present and past actions might have contributed to the escalation of the conflict or its responsibility concerning the disproportionate use of force by the State party's law enforcement agencies and the military against the Albanian population in Kosovo. The Committee emphasizes that, according to information available to it from the United Nations and other sources, it is an established fact that grave human rights violations have been committed also by the State party. The Committee, while condemning all forms of terrorist activity, reiterates its position that the State party's reference to the state of insecurity and terrorism cannot in any way justify racial discrimination, including acts of violence and intimidation, against a particular ethnic group.
5. Noting the State party's assurances of its willingness to engage in a meaningful dialogue with the leadership of the Albanian community in Kosovo, the Committee calls upon the State party and other actors involved to adopt concrete and serious measures to this end, in order to achieve a just and peaceful solution to the situation. The solution should include a status of autonomy at the highest level for the province of Kosovo and respect for the territorial integrity of the State party.
6. For this purpose, the Committee finds that it is in the self-interest of the peoples of the afflicted area, as well as of the State party, that confidence is restored and that this can only be achieved by according full and immediate respect to all human rights, including those protecting equality and non-discrimination, as well as to the norms of international humanitarian law and the rule of law.
Decision 2 (54) on Australia Comments of the Government of Australia were submitted on decision 2 (54) of the Committee pursuant to article 9, paragraph 2, of the Convention and are reproduced in annex VIII.
1. Acting under its early warning procedures, the Committee adopted decision 1(53) on Australia on 11 August 1998 (A/53/18, para. 22), requesting information from the State party regarding three areas of concern: proposed changes to the 1993 Native Title Act; changes of policy as to Aboriginal land rights; and changes in the position or function of the Aboriginal and Torres Strait Islander Social Justice Commissioner. The Committee welcomes the full and thorough reply of the Government of Australia to this request for information (CERD/C/347). The Committee also appreciates the dialogue with the delegation from the State party at the Committee's 1323rd and 1324th meetings to respond to additional questions posed by the Committee in regard to the State party's submission.
2. The Committee received similarly detailed and useful comments from the Acting Aboriginal and Torres Strait Islander Social Justice Commissioner of the Australian Human Rights and Equal Opportunity Commission, the Aboriginal and Torres Strait Islander Commission and members of Parliament.
3. The Committee recognizes that, within the broad range of discriminatory practices that have long been directed against Australia's Aboriginal and Torres Strait Islander peoples, the effects of Australia's racially discriminatory land practices have endured as an acute impairment of the rights of Australia's indigenous communities.
4. The Committee recognizes further that the land rights of indigenous peoples are unique and encompass a traditional and cultural identification of the indigenous peoples with their land that has been generally recognized.
5. In its concluding observations on the previous report of Australia, the Committee welcomed the attention paid by the Australian judiciary to the implementation of the Convention (A/49/18, para. 540). The Committee also welcomed the decision of the High Court of Australia in the case of Mabo v. Queensland, noting that, in recognizing the survival of indigenous title to land where such title had not otherwise been validly extinguished, the High Court case constituted a significant development in the recognition of indigenous rights under the Convention. The Committee welcomed, further, the Native Title Act of 1993, which provided a framework for the continued recognition of indigenous land rights following the precedent established in the Mabo case.
6. The Committee, having considered a series of new amendments to the Native Title Act, as adopted in 1998, expresses concern over the compatibility of the Native Title Act, as currently amended, with the State party's international obligations under the Convention. While the original Native Title Act recognizes and seeks to protect indigenous title, provisions that extinguish or impair the exercise of indigenous title rights and interests pervade the amended Act. While the original 1993 Native Title Act was delicately balanced between the rights of indigenous and non-indigenous title holders, the amended Act appears to create legal certainty for Governments and third parties at the expense of indigenous title.
7. The Committee notes, in particular, four specific provisions that discriminate against indigenous title holders under the newly amended Act. These include the Act's "validation" provisions; the "confirmation of extinguishment" provisions; the primary production upgrade provisions; and restrictions concerning the right of indigenous title holders to negotiate non-indigenous land uses.
8. These provisions raise concerns that the amended Act appears to wind back the protections of indigenous title offered in the Mabo decision of the High Court of Australia and the 1993 Native Title Act. As such, the amended Act cannot be considered to be a special measure within the meaning of articles 1(4) and 2(2) of the Convention and raises concerns about the State party's compliance with articles 2 and 5 of the Convention.
9. The lack of effective participation by indigenous communities in the formulation of the amendments also raises concerns with respect to the State party's compliance with its obligations under article 5(c) of the Convention. Calling upon States parties to "recognize and protect the rights of indigenous peoples to own, develop, control and use their common lands, territories and resources," the Committee, in its general recommendation XXIII, stressed the importance of ensuring "that members of indigenous peoples have equal rights in respect of effective participation in public life, and that no decisions directly relating to their rights and interests are taken without their informed consent."4
10. While welcoming the State party's recognition of the important role that has been played by the Human Rights and Equal Opportunity Commission, the Committee also notes with concern the State party's proposed changes to the overall structure of the Commission, abolishing the position of the Aboriginal and Torres Strait Islander Social Justice Commissioner and assigning those functions to a generalist Deputy President. The Committee strongly encourages the State party to consider all possible effects of such a restructuring, including whether the new Deputy President would have sufficient opportunity to address in an adequate manner the full range of issues regarding indigenous peoples that warrant attention. Consideration should be given to the additional benefits of an appropriately qualified specialist position to address these matters, given the continuing political, economic and social marginalization of the indigenous community of Australia.
11. The Committee calls on the State party to address these concerns as a matter of utmost urgency. Most importantly, in conformity with the Committee's general recommendation XXIII concerning indigenous peoples, the Committee urges the State party to suspend implementation of the 1998 amendments and reopen discussions with the representatives of the Aboriginal and Torres Strait Islander peoples with a view to finding solutions acceptable to the indigenous peoples and which would comply with Australia's obligations under the Convention.
12. In the light of the urgency and fundamental importance of these matters, and taking into account the willingness expressed by the State party to continue the dialogue with the Committee over these provisions, the Committee decides to keep this matter on its agenda under its early warning and urgent action procedures to be reviewed again at its fifty-fifth session.
Decision 3 (54) on Rwanda
1. The Committee recalls its earlier decisions on Rwanda under the early warning and urgent action procedures, notably its decision 5 (53) of 19 August 1998, which it reconfirms.
2. The Committee is aware that the security conditions in the country are closely linked with the security conditions in the Great Lakes region as a whole. In this connection the Committee is profoundly disturbed by the flow of arms into and within the Central African subregion, which is a major cause of insecurity and instability. The Committee repeats its call on all States to enforce arms embargos in the region.
3. The Committee remains deeply concerned at the continued serious violations of human rights and international humanitarian law in the country, and notably of the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination, in particular those set out in article 5, paragraphs (a) and (b), relating to the right to equal treatment before the tribunals and the right to security of person and the protection by the State against violence or bodily harm.
4. The Committee supports and encourages the efforts of the Government of Rwanda to prosecute gross violations of human rights and international humanitarian law committed by certain parts of its armed forces and stresses the need to increase the capacity of the Rwandan Patriotic Army to conduct internal investigations and bring accused persons to trial with due respect for basic fair trial guarantees.
5. The Committee welcomes progress in the administration of justice and the growing number of judges, prosecutors and defence lawyers taking part in administering justice, but it is aware of the immense needs and problems to meet the requirements of an expeditious, effective and fair justice system. The Committee appeals to the United Nations, Governments, as well as other organs of civil society, to continue to help strengthening the justice system of Rwanda.
6. The Committee repeats its regret that the mandate of the United Nations Human Rights Field Operation in Rwanda has come to an end and calls again on the State party and the United Nations to renew on an urgent basis their discussions aimed at ensuring an international monitoring presence in the country.
7. The Committee urges the State party to take all necessary measures to expedite the creation of the long-awaited National Human Rights Commission which should be an independent institution in accordance with the international principles relating to the development of independent, broadly based and pluralistic national institutions for the promotion and protection of human rights.
8. The Committee welcomes the readiness of the State party to continue the dialogue with the Committee and stresses the need that the situation in the country be further and thoroughly examined in the light of its earlier decisions and on the basis of the twelfth periodic report (comprising also the eighth, ninth, tenth and eleventh periodic reports) due on 16 May 1998. The Committee decides to schedule this examination at its fifty sixth session.
Decision 4 (54) on the Democratic Republic of the Congo
1. The Committee on the Elimination of Racial Discrimination reviewed again the situation in the Democratic Republic of the Congo in the context of the principles and objectives of the International Convention on the Elimination of All Forms of Racial Discrimination. As a result of this review, it is deeply concerned about the persistence, in flagrant violation of the Convention, of ethnic conflicts which are in general inspired by the policy of ethnic cleansing and may constitute acts of genocide.
2. Having received no information regarding implementation of the measures recommended by various international bodies, the Committee recalls its decisions 3 (51), 1 (52) and 4 (53) and especially the repeated recommendations of the Commission on Human Rights, and supports the communiqué issued by the Central Organ of the Mechanism for Conflict Prevention, Management and Resolution of the Organization of African Unity at its fourth ordinary session in December 1998. In this connection, it strongly urges all the participants in the Congolese conflict to ensure the immediate cessation of all hostilities, an end to the persistent campaign of incitement to racial and ethnic hatred, and the prompt conclusion of the conflict through a negotiated peaceful settlement between the parties. It is, moreover, essential for the Government of the Democratic Republic of the Congo to cooperate in the achievement of these goals with the Office of the United Nations High Commissioner for Refugees in Kinshasa.
3. Furthermore, the Committee supports the recommendations made by the Special Rapporteur of the Commission on Human Rights in his latest report (E/CN.4/1999/31, paras. 134-146). It shares the view that the persons responsible for serious violations of human rights, and especially of the International Convention on the Elimination of All Forms of Racial Discrimination, cannot be allowed to go unpunished.
4. The Committee also requests the Government of the Democratic Republic of the Congo to cooperate effectively, without creating obstacles or hindrances, in the work of the international investigators, whose sole aim is to secure the full observance of human rights and, in particular, of the International Convention on the Elimination of All Forms of Racial Discrimination, and to provide for a fair trial of those responsible for the violations by independent and impartial tribunals. It calls for an end to the persecution and harassment especially of members of non-governmental organizations, journalists, human rights advocates and political leaders.
5. The Committee, while supporting the statements made by the President of the Security Council, draws the attention of the Security Council, through the Secretary-General of the United Nations, to the situation persisting in the Democratic Republic of the Congo and to the need for the Council to adopt timely and effective measures to overcome the conflict, thereby contributing to the observance of human rights and, consequently, of the Convention. To this end, the Committee calls the attention of the Security Council, through the Secretary-General of the United Nations, to the need to cease the intervention of the Governments of other countries which are in one way or another participating in the struggle waged in the Democratic Republic of the Congo, as well as the illegal arms traffic into Congolese territory.
6. The Committee decides to keep this matter on its agenda under the item concerning prevention of racial discrimination, including early warning and urgent procedures. It hopes to receive information on compliance with the present decision.
Decision 5 (54) on the Sudan
1. Acting under its early warning and urgent action procedures, the Committee, at its 1303rd meeting, on 21 August 1998 (see CERD/C/SR.1303), decided to review the situation in the Sudan at its fifty-fourth session. Specifically, the Committee expressed concern over persistent reports that human rights conditions had continued to deteriorate in the Sudan. The Committee appreciates the dialogue with the State party at its 1329th meeting (see CERD/C/SR.1329).
2. The Committee notes that in the Sudan questions of ethnicity, religion and culture are deeply intertwined and that, in many respects, the ongoing civil conflict is fuelled by this complex interrelationship.
3. As the now 16-year-old civil war in the territory of the State party has claimed as many as 1.9 million lives since 1983, the Committee expresses its concern over the ethnic dimensions of the conflict.
4. The Committee is gravely concerned at the numerous reports that all parties to the armed conflict have engaged in attacks on civilian populations of other ethnic origins, including summary executions, malicious and militarily unjustified destruction of civilian property, the diversion of relief supplies and the forcible recruitment of child soldiers. In addition, the Committee is concerned at reports that the State party has regularly bombed non-military targets.
5. The Committee continues to express deep concern over reports of grave abuses directed at ethnic minorities in the Nuba Mountains in central Sudan, a situation that the Committee, when it previously considered the Sudan, referred to as "a vast programme of ethnic cleansing" (A/48/18, para. 107). Concern was also expressed about the State party's role in the conflict that has erupted in the Darfur.
6. The Committee notes that the State party declared a ceasefire in July 1998 for some famine stricken regions in the war zone. The Committee welcomes reports that this ceasefire was extended for an additional three months in January 1999.
7. The Committee also expresses deep concern over reports from UNICEF that thousands of Sudanese of different ethnic origins have been enslaved, most of them women and children abducted by armed militia based in Government-controlled parts of the country. The Committee welcomes the State party's recently announced intention to prosecute those involved in the slave trade and looks forward to the State party taking immediate effective measures to achieve the freedom of all those enslaved.
8. While the Committee welcomes the adoption in 1998 of a new constitution through a national referendum, the Committee expresses concern over the non participation of Sudanese in the south of the country in the referendum process and reports indicating that lawyers, trade unionists and other activists who questioned the constitutional adoption process were arrested. Moreover, the Committee regrets that the fundamental rights enshrined in both the Constitution and in earlier human rights decrees of 1993 have not been implemented in practice.
9. As a result, therefore, of the continuing human rights crisis, the Committee urges the State party to take the following steps to implement its treaty obligations under the International Convention on the Elimination of All Forms of Racial Discrimination:
(a) To implement immediately effective measures to guarantee to all Sudanese, without distinction, freedom of religion, opinion, expression and association; the right to security of person and protection by the State against violence or bodily harm; the right to study and communicate in a chosen language; and the right to enjoy their own culture without interference;
(b) To respect its obligations under humanitarian law, particularly article 3 common to the Geneva Conventions of 12 August 1949 and customary international law applicable to internal armed conflicts;
(c) To ensure that its police and security forces, and any paramilitary or civil defence forces acting with the support of the Government or under Sudanese military command, respect human rights and humanitarian law, including the provisions of the Convention, and that all those responsible for violations of any of the obligations contained therein are brought to justice;
(d) To take effective steps to protect internally displaced communities within the territory of the State party and to address the problems associated with the displacement of significant segments of the country's population due to war. The State party should consider giving effect to the provisions of the Guiding Principles on Internal Displacement (E/CN.4/1998/53/Add.2) of the Special Representative of the Secretary General on internally displaced persons. In particular, the State party must recognize that all displaced persons have the right freely to return to their homes of origin under conditions of safety and that once returned all displaced persons have a right to have any property that was seized in the course of the conflict restored to them and to participate equally in public affairs upon their return;
(e) To implement a public education campaign urging tolerance with respect to ethnic, cultural and religious diversity.
10. The Committee welcomes the statement of the representative of the State party recognizing the right of the people of the south of the country to self-determination.
22. At its 1318th meeting, on 10 March 1999, the Committee adopted the following statement:
Statement on the human rights of the Kurdish people
The Committee on the Elimination of Racial Discrimination is profoundly alarmed about widespread and systematic violations of human rights inflicted on people because of their ethnic or national origin. Ethnic antagonisms, especially when mixed with political opposition, give rise to many forms of violent conflict, including terrorist actions and military operations. In many parts of the world they cause immense suffering, including the loss of many lives, the destruction of cultural heritage and the massive displacement of populations.
In this context, the Committee expresses its concern about acts and policies of suppression of the fundamental rights and the identity of the Kurds as distinct people. The Committee stresses that the Kurdish people, wherever they live, should be able to lead their lives in dignity, to preserve their culture and to enjoy, wherever appropriate, a high degree of autonomy.
The Committee appeals to the competent organs of the United Nations and to all authorities and organizations working for peace, justice and human rights to deploy all necessary efforts in order to achieve peaceful solutions which do justice to the fundamental human rights and freedoms of the Kurdish people.
23. At its fifty-fifth session, the Committee considered the situation in Australia, the Democratic Republic of the Congo and Kosovo (Federal Republic of Yugoslavia) and adopted decisions.
Decision 1 (55) on Kosovo (Federal Republic of Yugoslavia)
1. The Committee on the Elimination of Racial Discrimination opposes all forms of racial discrimination and ethnic cleansing, irrespective of which groups are the perpetrators and which the victims. It has affirmed its support for multi-ethnic societies.
2. In the light of recent events in Kosovo the Committee has reviewed its earlier decisions relating to the region, notably 2 (47) of 17 August 1995, 2 (48) of 13 March 1996, 2 (51) of 18 August 1997, 3 (53) of 17 August 1998 and 1 (54) of 16 March 1999. In this respect it calls particular attention to the following:
(a) Any attempt to change or to uphold a changed demographic composition of an area against the will of the original inhabitants, by whatever means, is a violation of international human rights and humanitarian law;
(b) Persons shall be given the opportunity to return safely to the places they inhabited before the beginning of the conflict and their safety shall be guaranteed, as well as their effective participation in the conduct of public life;
(c) All those who commit violations of international humanitarian law or war crimes shall be held individually responsible for such acts.
3. The Committee recalls that a mission of three Committee members visited Kosovo in 1993 to help promote a dialogue between the Albanians in Kosovo and the Government of Yugoslavia, and that the Committee later again offered its good offices to promote such a dialogue.
4. The Committee also recalls its general recommendation XXI, in which it set out its approach to the right of peoples to self-determination, emphasizing that the implementation of the principle of self-determination requires every State to promote, through joint and separate action, universal respect for an observance of human rights and fundamental freedoms in accordance with the Charter of the United Nations. Equally, the Committee has expressed its view that international law has not recognized a general right of peoples unilaterally to declare secession from a State.
5. The Committee further recalls its general recommendation XXII, on the rights of refugees and displaced persons, in which it noted that these include the right to have restored to them property of which they were deprived in the course of the conflict and to be compensated appropriately for any such property that cannot be restored to them.
6. The Committee is painfully aware that the Kosovo Albanians have been the victims of war crimes and crimes against humanity. At the same time the Committee expresses its profound concern that in recent weeks Serb inhabitants of Kosovo have been driven from their homes and made to flee Kosovo, that Serb inhabitants have been murdered, and that Roma inhabitants have been targeted.
7. The Committee appeals to all States to provide economic assistance and to ensure that such assistance reaches the population of Kosovo with a view to securing adequate living conditions for everybody without distinction as to race or national or ethnic origin.
8. The Committee appeals for support for the Special Representative of the Secretary-General in his efforts to restore the rule of law and respect for human rights, and calls with greatest urgency upon all those in power in Kosovo at the present time to ensure full and effective respect for human rights without distinction as to race or national or ethnic origin, and to promote understanding and tolerance among all ethnic groups in Kosovo.
Decision 2 (55) on Australia
1. The Committee reaffirms the decisions concerning Australia which it took during tis fifty-fourth session in March 1999.
2. In adopting those decisions, the Committee was prompted by its serious concern that, after having observed and welcomed over a period of time a progressive implementation of the Convention in relation to the land rights of indigenous peoples in Australia, the envisaged changes of policy as to the exercise of these rights risked creating an acute impairment of the rights thus recognized to the Australian indigenous communities. It considered in detail the information submitted and the arguments put forward by the State party.
3. The Committee takes note of the comments received from the State party which, in accordance with article 9, paragraph 2, of the Convention, will be included in the Committee's annual report for 1999 to the General Assembly. See annex VIII.
4. The Committee decides to continue consideration of this matter, together with the tenth, eleventh and twelfth periodic reports of the State party, during its fifty-sixth session in March 2000.
Decision 3 (55) on the Democratic Republic of the Congo
1. At its fifty-fifth session, the Committee on the Elimination of Racial Discrimination reviewed again the situation in the Democratic Republic of the Congo in the context of the objects and purposes of the International Convention on the Elimination of All Forms of Racial Discrimination. The Committee regrets that the State party, although invited, was not able to be represented. The Committee continues to be deeply concerned at the persistent grave situation in the Democratic Republic of the Congo and the violations of the Convention, and in this respect reiterates the decisions it previously adopted on this matter and especially decision 4 (54).
2. The Committee urgently requests all parties to the continuing conflict in the Democratic Republic of the Congo to cooperate fully with all the efforts made in the international sphere, inter alia, the actions undertaken by the Organization of African Unity, the Southern African Development Community and the United Nations High Commissioner for Human Rights. The Committee particularly requests all parties and especially the Government of the Democratic Republic of the Congo to comply with Security Council resolution 1234 (1999), Commission on Human Rights resolution 1999/56 and the above-mentioned decisions of the Committee.
3. The Committee decides to retain the matter on its agenda under the item concerning prevention of racial discrimination, including early warning and urgent procedures.
4. The Committee requests the Government of the Democratic Republic of the Congo to submit to the Committee information on the situation in the country from the point of view of the Convention, taking into account decision 4 (54).
24. At its 1362nd meeting, on 20 August 1999, the Committee adopted the following statement:
Statement on Africa
Extremely concerned over the growing ethnic conflicts and the inadequacy of attempts to prevent and mitigate them in the Great Lakes region and certain other parts of Africa,
Reiterating its recent decisions, declarations and concluding observations, such as decision 3 (49) of 22 August 1996 on Liberia, resolution 1 (49) of 7 August 1996 on Burundi, decisions 3 (51) of 20 August 1997, 1 (52) of 19 March 1998, and 4 (53) of 18 August 1998 on the Democratic Republic of the Congo, the declaration of 13 March 1996 on Rwanda, the concluding observations on Rwanda of 20 March 1997, the concluding observations on Burundi of 21 August 1997, decisions 4 (52) of 20 March 1998, 5 (53) of 19 August 1998 and 3 (54) of 19 March 1999 on Rwanda, decision 5 (54) of 19 March 1999 on the Sudan, which were the results of the Committee's consideration of the ethnic conflicts in these States parties under its early warning and urgent action procedures within the context of the Convention,
Aware of the important initiatives undertaken recently by the Organization of African Unity which has also proposed taking urgent measures in order to cope with the tragic situation in Central Africa, and expressing its appreciation for the significant mediating efforts by the heads of State of four African countries at their meeting in South Africa on 8 August 1999, reflected in a solemn declaration with a view to overcoming current crises and ethnic conflicts,
Expressing its appreciation to the Secretary-General of the United Nations for his report on the causes of conflict and the promotion of durable peace and sustainable development in Africa (A/52/871-S/1998/318, dated 13 April 1998), presented to the General Assembly and the Security Council, in which he stated that among the warring parties and factions "the main aim, increasingly, is the destruction not just of armies but of civilians and entire ethnic groups", and suggested specific measures inter alia, to promote peacemaking, harmonizing the policies and actions of external actors, mobilizing international support for peace efforts, improving the effectiveness of sanctions and enhancing the role of United Nations peacekeeping in Africa,
Expressing its appreciation to the United Nations High Commissioner for Human Rights for her recent and important initiatives directly related to ethnic conflicts in Africa, mentioned above, and its full support for the High Commissioner's actions,
1. Expresses its alarm at the growing mass and flagrant violations of human rights of the peoples and ethnic communities in Central Africa, in particular, massacres and even genocide perpetrated against ethnic communities, and resulting in massive displacement of people, millions of refugees, and ever deepening ethnic conflicts.
2. Urges the United Nations to take urgent action and effective measures under the Charter of the United Nations to put an end to these conflicts in Central Africa, to stop the massacres and the genocide, and to facilitate the safe return of the refugees and the displaced persons in their homes.
3. Urges all States and all United Nations bodies to support the initiatives and appeals of the Organization of African Unity and the heads of State of the four African countries in seeking a solution to current crises and ethnic conflicts in Central Africa.
Consideration of reports, comments and information submitted by States parties under article 9 of the Convention
25. At its fifty-fourth and fifty-fifth sessions, the Committee considered reports, comments and information from 28 States parties under article 9 of the Convention. Country rapporteurs are listed in annex VI.
26. The Committee considered the eleventh, twelfth and thirteenth periodic reports of Austria (CERD/C/319/Add.5) at its 1305th and 1306th meetings (see CERD/C/SR.1305 and 1306), on 1 and 2 March 1999. At its 1327th meeting (see CERD/C/SR.1327), on 16 March 1999, it adopted the following concluding observations.
A. Introduction
27. The Committee welcomes the eleventh, twelfth and thirteenth periodic reports submitted by the Government of Austria in one document and the opportunity thus offered to continue its dialogue with the State party. Although the report followed the guidelines, the Committee is of the view that the information in it was too concise, was too focused on legislation and administrative measures, failed fully to address the Committee's concluding observations relating to the previous report of the State party, and did not sufficiently consider the extent to which residents benefited in practice from the protections promised in the Convention. The Committee expresses its appreciation for the constructive and concrete dialogue with the delegation and the additional information provided in response to the questions asked.
B. Positive aspects
28. The Committee notes with satisfaction that the State party has condemned genocide as a crime under international law, and trusts that all acts of genocide will be condemned without any distinction as to time, place or group of victims. In this regard, the Committee welcomes the establishment of the National Fund for Victims of National Socialism (1995), which offers a scheme for compensation of all the victims of genocide.
29. The Committee welcomes the information contained in the report concerning educational measures which provide for the teaching of the principles of tolerance and peaceful coexistence in a multicultural society. Satisfaction is also expressed in relation to the efforts undertaken by the State party to raise awareness and promote action against all forms of racial discrimination. The Committee notes, in this regard, the establishment of radio programmes for this purpose.
C. Principal subjects of concern
30. While the Committee is aware that the Convention has been incorporated into Austrian domestic law (Federal Constitutional Act, 1973) and welcomes the judgements of the Constitutional Court (1994/1995) which provide for equality in the treatment of aliens, concern remains about the element of subjectivity in the rule that "decisions refusing an alien equal treatment may only be admissible if and when there is a reasonable justification".
31. Concern is expressed that the immigration policy of the State party, contained in the Aliens Act of 1997, classified foreigners on the basis of their national origin. The Committee considers that the concept and effect of this policy may be stigmatizing and discriminatory and, therefore, contrary to the principles and provisions of the Convention.
32. While the Committee welcomes the measures taken by the State party for the protection of the rights of the Slovenian, Croatian and Hungarian minority groups, concern remains at the lack of corresponding measures for other "national ethnic minorities", in particular Czechs, Slovaks and Roma, as well as for those who are sometimes referred to as "new minorities". Concern is also expressed at the lack of legal protection for residents of foreign origin against discrimination committed by Austrian citizens.
33. While the Committee notes with appreciation the State party's efforts in the field of legislative reform, especially the amendments to the Austrian Penal Code (sects. 281 and 283), which criminalize racist propaganda and the incitement to racial hostility, the Committee is nevertheless still concerned that the condemnation of such acts is qualified by a reference to public peace and that article 4 (b) of the Convention is not fully implemented, notably as regards prohibition of organizations which promote and incite racial discrimination. Concern is also expressed about the number of reported incidents of xenophobia and racial discrimination, including acts of anti-Semitism and hostility against certain ethnic groups.
34. The Committee expresses its concern that, seven years after it drew the attention of the State party to the absence of sanctions against racial discrimination in the private sector, little progress has been made in fully implementing the provisions of articles 5 (e) and (f). In addition, the Committee expresses its concern that non-citizens are not currently eligible for participation in work councils.
35. Concern is expressed about reports of serious incidents of police brutality in dealing with persons of foreign origin and ethnic minorities, including the Roma.
D. Suggestions and recommendations
36. The Committee recommends that the State party introduce comprehensive legislation to prohibit racial discrimination in all its forms, covering both citizens and foreigners. Furthermore, it recommends that the State party consider amending the relevant provision in the Constitution Act implementing the Convention by deleting the word "sole" in connection with the basis of illegal racial distinctions.
37. The Committee encourages the State party to continue exploring ways of providing specific protection to all ethnic groups living in Austria. The Committee further recommends that the State party include in its next report more detailed information on the demographic composition of the Austrian population, in the light of paragraph 8 of the reporting guidelines. Information on the socio-economic situation, particularly the unemployment rate in the various ethnic communities, would be appreciated.
38. The Committee urges the State party to review those elements of its current immigration policy which classify foreigners on the basis of their national origin. In its forthcoming report the State party is requested to include information on current asylum practices.
39. The Committee recommends that the State party take the necessary steps to implement article 4 (b) of the Convention. The Committee further recommends that the State party include in its next report information on complaints of discrimination under article 4 of the Convention, the prosecution by the authorities of such offences, including criminal attacks against members of certain ethnic groups, as well as the action taken by the Ombudsman and by the competent courts. Where appropriate, information on reparation granted to victims, in accordance with article 6 of the Convention, would be appreciated.
40. The Committee recommends that the State party review its provisions for implementing article 6 of the Convention. In its forthcoming report, the State party should address, inter alia, the effectiveness of the protection and the adequacy of the remedies provided.
41. The Committee recommends that the State party consider withdrawing its declarations regarding articles 4 and 5 of the Convention.
42. It is further suggested that the State party consider providing education and training on racial tolerance and human rights issues to law enforcement officials and police officers, in accordance with article 7 of the Convention and general recommendation XIII of the Committee. In addition, the Committee suggests that the State party review the adequacy of its measures for investigating allegations of police brutality and abuse of office.
43. The Committee recommends that the State party ratify the amendments to article 8, paragraph 6, of the Convention, adopted on 15 January 1992 at the fourteenth meeting of States parties to the Convention.
44. It is noted that the State party has not made the declaration provided for in article 14 of the Convention, and some members of the Committee requested that the possibility of making such a declaration be considered.
45. The Committee suggests to the State party that its reports and the present concluding observations be widely distributed to the public. The Committee recommends that the State party's next periodic report, due on 8 June 1999, be an updating report and that it address all the points raised during the consideration of the eleventh, twelfth and thirteenth reports.
46. The Committee considered the ninth and tenth periodic reports of the Republic of Korea, submitted in one document (CERD/C/333/Add.1), at its 1307th and 1308th meetings, on 2 and 3 March 1999 (see CERD/C/SR.1307 and 1308), and adopted, at its 1329th meeting (see CERD/C/SR.1329), on 17 March 1999, the following concluding observations.
47. The Committee welcomes the report of the Republic of Korea and expresses its appreciation for the regularity with which the State party submits its reports. It takes note of the detailed supplementary information provided by the delegation in the oral dialogue with the Committee. Nevertheless, the Committee is of the view that the information submitted regarding the follow-up of recommendations made by it during the consideration of the previous report of the State party was incomplete. The Committee commends the quality of the delegation's oral replies to the questions raised during the discussion.
48. The commitment by the State party to adopt a Human Rights Act and establish a national human rights institution before the end of the year 1999 is welcomed.
49. It is noted with satisfaction that the State party ratified, on 4 December 1998, International Labour Organization (ILO) Convention (No. 111) concerning discrimination in respect of employment and occupation.
50. Legislative measures taken by the State party to prevent and combat racial discrimination are welcomed. These measures include the State party's decision to apply the Labour Standard Act to all illegal foreign workers as of October 1998; the amendment to the Foreign Land Acquisition Act on 15 May 1998 and the amendment to the Nationality Act on 13 December 1997.
51. It is noted with interest that, according to the information provided in the report of the State party, the provisions of the Convention take precedence over any conflicting national law.
52. The wide range of dissemination and training activities undertaken by the authorities in the field of human rights, including activities to prevent and combat racial discrimination, are welcomed.
53. The declaration made by the Republic of Korea under article 14, paragraph 1, of the Convention, recognizing the competence of the Committee to receive and consider communications from individuals or groups, is welcomed, as well as the State party's ratification of the amendment to article 8, paragraph 6, of the Convention.
54. While acknowledging that the envisioned Human Rights Act is intended to contain provisions covering all legal obligations set out in articles 2 and 4 of the Convention, the Committee remains concerned that neither the Constitution nor any law of the State party explicitly prohibits discrimination on the basis of race, colour, descent, or national or ethnic origin, and that no law contains provisions explicitly penalizing acts of racial discrimination or prohibiting organizations which promote and incite racial discrimination.
55. The absence of information in the State party's report regarding acts of racial discrimination as well as on action to prevent racial segregation in the light of general recommendation XIX is regarded as a shortcoming.
56. The Committee notes that information provided with regard to article 5 of the Convention covered only labour-related rights. As a result, the Committee has been unable to form an opinion on the actual situation regarding the equal enjoyment by all persons of the other rights set forth in article 5 of the Convention.
57. The Committee is concerned at the vulnerable situation of foreigners with irregular status who live and work in the country, usually under difficult and precarious conditions. Such persons are victims of discrimination, in violation of article 5 of the Convention, notably paragraphs 5 (d) and (e).
58. While acknowledging the efforts undertaken by the State party to improve the status of foreigners, concern is expressed about discrimination against people of foreign origin who were born and have settled in the Republic of Korea. De facto discrimination against Amerasian children and against Korean women married to asylum seekers is also of concern.
59. The Committee recommends that the State party take all appropriate legislative measures to ensure that articles 2 and 4 of the Convention are fully reflected in domestic law. In this regard, it suggests that the Human Rights Act that is to be enacted before the end of 1999 explicitly prohibit discrimination on the basis of race, colour, descent, or national or ethnic origin, declare such acts illegal and penalize them, as prescribed in article 4 of the Convention. Additionally, the Committee requests that the State party submit, together with its next periodic report, the full texts of all new legislation adopted to prevent and combat discrimination.
60. The Committee recommends that the next report of the State party should include information on legislative and practical measures taken by the authorities to ensure respect for the provisions of article 5 of the Convention.
61. While acknowledging the fact that the State party has recently taken measures to improve the status of foreign "industrial trainees" and other foreigners working in the country, the Committee suggests that the Government of the Republic of Korea take further measures against discrimination in the labour conditions of foreign workers. The Committee also recommends that measures be taken to improve the situation of all migrant workers, particularly those with irregular status.
62. The Committee recommends that further measures be taken to ensure that persons of foreign origin who were born or have settled in the Republic of Korea are not subject to discrimination based on ethnic origin. The Committee recommends that the State party take all appropriate measures, including awareness-raising campaigns, to protect women married to asylum seekers and children of mixed marriages, particularly Amerasian children, from racial discrimination or racial prejudice.
63. Noting that no cases of racial discrimination have reached the courts or administrative bodies, the Committee recommends to the State party to increase its efforts to provide easy access to existing recourse mechanisms dealing with relevant provisions of the Convention, including the procedure set out in its article 14.
64. The Committee recommends that the State party provide legal aid to victims of acts of racial discrimination and facilitate access to recourse procedures by vulnerable groups.
65. The Committee suggests that the State party allocate more resources to facilitate dissemination, education and training in order to promote the principles and objectives of the Convention. In this regard, it recommends that the State party take appropriate steps to widely disseminate its report, along with the present concluding observations of the Committee, in the Republic of Korea.
66. The Committee recommends that the next periodic report of the State party be an updating report dealing with the suggestions and recommendations of the present concluding observations.
67. The Committee considered the thirteenth and fourteenth periodic reports of Finland (CERD/C/320/Add.2) at its 1309th and 1310th meetings (see CERD/C/SR.1309 and 1310), on 3 and 4 March 1999, and adopted, at its 1326th meeting (see CERD/C/SR.1326), on 16 March 1999, the following concluding observations.
68. The Committee notes with appreciation that the State party has submitted a detailed and comprehensive report which complies with the Committee's general guidelines and addresses the different issues raised by the Committee in its previous concluding observations. The Committee also appreciates the additional information provided by the State party's delegation during its oral presentation, as well as the constructive dialogue that the Government of Finland maintains with the Committee.
69. It is noted with satisfaction that since the examination of its eleventh and twelfth periodic reports, the State party has taken further measures to combat racial discrimination. At the regional level, Finland has ratified the Framework Convention for the Protection of National Minorities of the Council of Europe. At the national level, a Ministerial Group on Good Ethnic Relations and an Anti-Racism Committee have been established. The Council of State adopted the Decision-in-Principle on Measures for Promoting Tolerance and Combating Racism, which was preceded by the Action Plan against Racism, as well as the Decision-in-Principle for the Government Programme on Immigration and Refugee Policy. In addition, a new Act on the integration of immigrants and reception of asylum seekers has been drafted, as well as amendments to the Aliens' Act providing immigrants, inter alia, with an extended right of appeal and facilitating the reunification of families.
70. The large representation of immigrant groups and traditional national minorities in the new Advisory Board for Ethnic Relations as well as their participation in the Commission against Racism, Xenophobia, Anti-Semitism and Intolerance is also welcomed.
71. The recent legislation ensuring enjoyment by immigrant children of their right to education, as well as the measures taken to facilitate education of immigrants in their own language, are welcomed. Measures to facilitate the education of the Sami and Roma people in their own language are similarly welcomed.
72. Preparations for the establishment of the post of an Ombudsman against Ethnic Discrimination to replace the Ombudsman for Aliens are also welcomed.
73. It is noted with satisfaction that the State party shares many of the Committee's concerns and that non-governmental organizations were given the opportunity to send written statements for the preparation of the thirteenth and fourteenth periodic reports of Finland.
74. Concern is expressed at the growing number of racist acts occurring in the country, a fact recognized by the State party itself. Despite this increase, in relatively few instances have judicial proceedings been initiated with respect to incidents of racial discrimination, including those in the labour market.
75. The Committee expresses its concern that article 4 of the Convention is not fully complied with, since there is no provision in the Finnish legislation prohibiting and punishing organizations which promote and incite racial discrimination. Moreover, the Penal Code contains no provision declaring any dissemination of ideas based on racial superiority or hatred to be an offence punishable by law.
76. It is regretted that the question of land ownership of the Sami has not yet been settled and that, as a result, Finland has not yet ratified ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries.
77. Concern is also expressed over the situation of immigrants and the Roma minority, particularly with respect to housing, the high rate of unemployment and education problems.
78. Incidents involving denial of access to public places for some persons on the basis of their ethnic or national origin, contrary to article 5 (f) of the Convention, continue to be a matter of concern.
79. The Committee recommends the amendment of the Penal Code in order to fully implement article 4 of the Convention. The Code should, in particular, contain provisions declaring illegal and prohibiting organizations which promote and incite racial discrimination, as well as declaring the dissemination of ideas based on racial superiority or hatred, an offence punishable by law. Due consideration should be given in this respect to the Committee's general recommendation VII relating to the implementation of article 4 of the Convention.
80. The Committee recommends that the State party redouble its efforts towards the resolution of the land dispute concerning the Sami as soon as possible, in a manner that does justice to the claims of the Sami.
81. Additional measures should be taken at the State and municipal levels to alleviate the situation of the Roma minority and of immigrants with respect to housing, employment and education.
82. In accordance with article 5 (f) of the Convention, appropriate action should be taken to ensure that access to places or services intended for use by the general public is not denied to any person on grounds of national or ethnic origin.
83. Efforts should be made to increase the number of quota refugees. It is recommended that the quota system be applied without discrimination based on race or ethnic origin.
84. The State party is requested to provide information, in its next periodic report, on the extent to which members of vulnerable groups are in practice protected from the forms of discrimination listed in the Convention. Information should also be provided on cases concerning individuals who have been prosecuted for acts of racism, including membership in or collaboration with racist organizations or groups, as well as on compensation provided to victims of racial discrimination, especially in the labour market.
85. Furthermore, the next periodic report should also contain information on measures taken and progress achieved concerning the implementation of the Decision-in-Principle on Measures for Promoting Tolerance and Combating Racism.
86. The Committee invites the State party to make its report and the Committee's concluding observations and summary records thereon widely available in Finland. The possibility of holding a seminar in this respect is welcomed. The accepted individual communications procedure under article 14 of the Convention should also be widely publicized.
87. The Committee recommends that the State party's next periodic report, due on 13 August 1999, be an updating report, and that it address the matters raised in the present concluding observations.
88. The Committee considered the fifth to eighth periodic reports of Portugal (CERD/C/314/Add.1) at its 1311th and 1312th meetings (see CERD/C/SR.1311 and 1312), on 4 and 5 March 1999, and adopted, at its 1328th meeting (see CERD/C/SR.1328), on 17 March 1999, the following concluding observations.
89. The Committee welcomes the opportunity to resume its dialogue with the State party after a lapse of eight years. The Committee notes with appreciation that the report submitted by the State party is a comprehensive document which largely complies with the Committee's general guidelines. The Committee welcomes the frank and self-critical approach of the report, the constructive dialogue with the State party's delegation and the additional information in response to the questions raised by the members of the Committee, which reflect the serious commitment of the State party to implementing the provisions of the Convention.
90. The efforts undertaken and the innovative measures adopted by the State party to combat racial discrimination are welcomed, as is the State party's willingness to recognize existing problems and to find appropriate solutions, both legislative and administrative. The Committee notes with appreciation that since the examination of the previous reports, a new Penal Code (1995) has been adopted which brings domestic legislation more into conformity with the Convention. It also notes with interest that the Portuguese Constitution was amended in 1997.
91. The Committee welcomes the information provided by the State party that the Convention is directly applicable in the Portuguese legal system and that it takes precedence over domestic legislation.
92. The Committee welcomes the enactment of Decree 296-A/95 of 17 November 1995 providing for the appointment of the High Commissioner for Immigration and Ethnic Minorities whose ultimate objective is to prevent xenophobia, intolerance and discrimination and to promote a dialogue with immigrants and ethnic communities. The initiatives taken by the High Commissioner in the sphere of training, education and information are appreciated.
93. The Committee notes with appreciation the State party's efforts to promote equal opportunity for Roma (Gypsies) and their better integration in society. The Committee notes, in particular, the establishment in 1996 of the Working Group for the Equality and Insertion of Gypsies, under the authority of the High Commissioner, and the existence of "Gypsy mediators" with the task of ensuring liaison between the Roma (Gypsy) community and the public and private sectors.
94. The Committee commends the State party's initiatives in 1992 and 1996 to regularize the situation of a large number of clandestine immigrants in order to allow them fully to enjoy their social, economic and cultural rights, particularly in regard to work, social services and access to housing.
95. With respect to article 7 of the Convention, the Committee welcomes the information given by the State party regarding its efforts to develop educational programmes for law enforcement officials, including human rights training in general and training concerning the provisions of the Convention in particular.
96. The Committee expresses its concern at manifestations of xenophobia and racial discrimination, including acts of violence directed against certain ethnic groups, particularly Blacks, Roma (Gypsies), immigrants and foreigners frequently perpetrated by skinheads, although the Committee acknowledges the efforts of the State party to combat such acts.
97. While noting that article 46, paragraph 4 of the Constitution of Portugal, as well as Law No. 64/78, prohibits racist organizations or organizations adhering to a fascist ideology, the Committee also expresses its concern that article 4 of the Convention is not fully complied with, since the protection thus provided for by law does not cover the wide variety of racist organizations that may exist or develop.
98. With regard to article 5 of the Convention, the report does not contain sufficient information to allow an evaluation of the practical implementation of the right to access to and equal treatment before the courts. The Committee expresses its apprehension concerning the de facto enjoyment of these rights by, in particular, Roma (Gypsies), Blacks, immigrants and foreigners.
99. The Committee recommends that further measures be taken to harmonize domestic legislation with the provisions of the Convention. In this respect, it is recommended, in particular, that appropriate measures be taken to prohibit all organizations and groups, whether or not of fascist ideology, which promote racist ideas or objectives, in order to ensure that article 4 of the Convention is fully complied with.
100. It is also recommended that the State party continue and intensify its measures aimed at preventing and prosecuting any act or manifestation of racial discrimination or xenophobia, including acts of violence against certain ethnic groups, particularly Blacks, Roma (Gypsies), immigrants and foreigners.
101. The Committee suggests that further action be taken to ensure that the provisions of the Convention are more widely publicized, particularly among Roma (Gypsies), Blacks, immigrants and foreigners.
102. The Committee recommends that the State party in its next periodic report provide detailed and relevant information on the demographic composition of the Portuguese population, in accordance with paragraph 8 of the Committee's reporting guidelines.
103. The State party is invited to provide further information on the following issues: (a) complaints and court cases relating to racial discrimination; (b) the enjoyment in practice of the right to access to and equal treatment before the courts, in particular by Roma (Gypsies), Blacks, immigrants and foreigners; (c) activities undertaken by the High Commissioner for Immigration and Ethnic Minorities; (d) additional measures undertaken to combat manifestations of xenophobia and racial discrimination, including acts of violence directed against certain ethnic groups; and (e) the results of integration programmes established in connection with the regularization of the situation of clandestine immigrants in 1992 and 1996.
104. The Committee recommends that the State party ratify the amendments to article 8, paragraph 6, of the Convention adopted on 15 January 1992 at the fourteenth meeting of States parties to the Convention.
105. It is noted that the State party has not yet made the declaration provided for in article 14 of the Convention, and some members of the Committee request that the State party consider the possibility of making such a declaration.
106. The Committee requests that the State party give wide publicity to its report to the Committee, as well as to the present concluding observations.
107. The Committee recommends that the State party's next periodic report, due on 23 September 1999, be an updating report and that it address all the points raised in these concluding observations and during the consideration of the report.
108. At its 1313th meeting, on 5 March 1999 (see CERD/C/SR.1313), the Committee reviewed the implementation of the Convention by the Congo on the basis of information from United Nations and other sources. The Committee notes with regret that the initial report of the Congo has been overdue since 10 August 1989.
109. The Committee also notes with regret that the State party was not able to respond to its invitation to participate in the meeting and to furnish relevant information.
110. The Committee considers that the armed conflicts of 1997 had an important ethnic dimension.
111. The Committee deplores the part played by mercenaries and the impunity that has been enjoyed by those responsible for the many violations of human rights and the displacement of populations. It notes that members of Pygmy groups continued to suffer from ethnic discrimination.
112. The Committee requests the State party to investigate the violations of human rights, in particular acts of racial discrimination, to bring offenders to trial, to offer compensation to victims' families and to discontinue the employment of mercenaries.
113. The Committee requests the State party to provide it with relevant information on the implementation of legislation prohibiting and sanctioning racial discrimination. It also wishes to receive information on immigration, on the demographic composition of the population and on measures taken to ensure that perpetrators of acts of violence related to racial discrimination are not benefiting from impunity.
114. The Committee urges the State party to open a dialogue with the Committee as soon as possible.
115. The Committee suggests that the Government of the Congo, if it wishes, may avail itself of the technical assistance offered under the advisory services and technical assistance programme of the Office of the United Nations High Commissioner for Human Rights, with the aim of drawing up and submitting as soon as possible a report drafted in accordance with the reporting guidelines.
116. The Committee considered the tenth and eleventh periodic reports of Italy (CERD/C/317/Add.1) at its 1315th and 1316th meetings (see CERD/C/SR.1315 and 1316), on 8 and 9 March 1999. At its 1330th meeting, on 18 March 1999 (see CERD/C/SR.1330), it adopted the following concluding observations.
117. The Committee welcomes the tenth and eleventh periodic reports, submitted in one document, and the opportunity to resume its dialogue with the State party. The Committee notes with satisfaction the regularity with which the State party has submitted its reports to the Committee. The Committee particularly appreciates the open, fruitful and constructive dialogue with the representatives of the State party and the additional information provided orally to the wide range of questions asked by members.
B. Factors and difficulties impeding the implementation of the Convention
118. The Committee acknowledges that recent events in neighbouring countries, particularly the former Yugoslavia and Albania, have resulted in a large and sudden influx of immigrants to Italy.
C. Positive aspects
119. The Committee welcomes the stated intention of the State party to reform its law so that workers who are not citizens of member States of the European Union (EU) and who leave Italy may request payment of social security contributions made during the period of their employment in Italy.
120. The Committee welcomes the adoption of Law 40 of 6 March 1998, aiming at solving globally and systematically all issues concerning foreigners on Italian territory, as well as the legal provisions on immigrants and foreigners contained in Decree-Law 286 of 25 July 1998.
121. The Committee notes with appreciation the measures taken by the State party to regularize the situation of a large number of foreigners living in Italy, including the regularization of de facto family reunifications.
122. The Committee welcomes the efforts made by the State party in the area of education. Of particular significance are the measures taken to facilitate access to education for children of different cultural and linguistic backgrounds. The Committee also expresses its appreciation for the programmes of inter-racial tolerance which have been introduced in Italian schools and the additional subjects offered to non-EU pupils.
123. The Committee welcomes the statement of the representatives of the State party indicating the intention of the Government of Italy to ratify article 8, paragraph 6, of the Convention, adopted on 15 January 1992 at the fourteenth meeting of States parties to the Convention.
D. Principal subjects of concern
124. Concern was expressed about the continuation of incidents of racial intolerance, including attacks against foreigners of African origin and against Roma people, which are sometimes not recognized by the authorities as having a racial motivation or are not prosecuted.
125. Another subject of concern is the lack of information concerning the implementation of article 6 of the Convention, despite requests to this end made by the Committee in the concluding observations of the report of the State party (see A/50/18, para. 105).
126. In light of reports indicating discrimination against persons of Roma origin, including children, in a number of areas, in particular housing, concern is expressed at the situation of many Roma who, ineligible for public housing, live in camps outside major Italian cities. In addition to a frequent lack of basic facilities, the housing of Roma in such camps leads not only to physical segregation of the Roma community from Italian society, but to political, economic and cultural isolation as well.
127. Concern is also expressed that in a draft law on minorities presently being considered by the Senate, the Roma are not considered as a minority group and thus would not benefit from the protection offered by the law.
128. In connection with reports of acts of violence and ill-treatment by police and prison guards against foreigners and members of minorities in detention, concern was also expressed about the apparent lack of appropriate training for law enforcement officials and other public officials regarding the provisions of the Convention.
E. Suggestions and recommendations
129. The Committee recommends that the State party strengthen its efforts towards preventing and prosecuting incidents of racial intolerance and discrimination against foreigners and Roma people, as well as ill-treatment of foreigners and Roma in detention.
130. The Committee also recommends that State authorities give more attention to the situation of Roma in Italy, with a view to averting discrimination against them.
131. The Committee recommends that the State party include in its next report statistical data on the ethnic composition of the country. The Committee would particularly appreciate data on the percentage of Italian citizens of foreign origin and the numbers of non-citizens living in Italy.
132. The Committee recommends that the next report include information on the implementation of article 6 of the Convention, including the number of cases dealt with by the relevant authorities and courts of justice.
133. The Committee recommends that the State party consider intensifying education and training of law enforcement officials, in accordance with article 7 of the Convention and general recommendation XIII of the Committee.
134. While acknowledging the various governmental bodies dealing with minority issues and racial discrimination, the Committee would welcome the establishment of a national human rights commission to address such concerns.
135. With regard to the declarations made by the State party regarding articles 4 and 6 of the Convention, the Committee recommends that the State party consider withdrawing these declarations.
136. The Committee recommends that the State party widely disseminate its report and the present concluding observations. The Committee recommends that the next periodic report of the State party, due on 4 February 1999, address the suggestions and recommendations of the concluding observations.
137. The Committee considered the twelfth and thirteenth periodic reports of Peru (see CERD/C/298/Add.5) at its 1317th and 1318th meetings (see CERD/C/SR.1317 and 1318), on 9 and 10 March 1999, and adopted the following concluding observations at its 1330th meeting, on 18 March 1999 (see CERD/C/SR.1330).
138. The Committee welcomes Peru's submission of its twelfth and thirteenth periodic reports and the opportunity thus afforded to pursue a dialogue with the State party. The Committee thanks the State party for having sent a high-level delegation, led by the Minister of Justice, which provided additional information in reply to the many questions raised by the members of the Committee during the consideration of the report.
139. The Committee takes note with satisfaction of the information provided on the marked decrease in the activities of subversive groups and on the fall in the number of complaints concerning human rights violations.
140. It also takes note with satisfaction of the information provided by the State party on the improvement in the country's economic situation.
141. It takes note with interest that Peru supports Agenda 21, adopted at the United Nations Conference on Environment and Development, one chapter of which deals with the role of indigenous communities and environmental preservation. Peru also took part in the establishment of a Special Commission on Indigenous Affairs in Amazonia and supported the creation of the Fund for the Development of the Indigenous Peoples of Latin America and the Caribbean.
142. The Committee takes note of the agreement reached with the International Labour Organization on the setting up of a special programme for the protection of indigenous communities, under which complaints concerning violations of human rights can be investigated and prosecuted.
143. The inclusion in school syllabuses of material intended to prevent racial discrimination is also noted with interest.
144. The Committee expresses satisfaction at the establishment of the Office of the Ombudsman and of its programme of activities for the indigenous population.
145. The Committee is pleased that Peru has made the optional declaration provided for in article 14 of the Convention, thereby accepting the procedure for individual communications.
146. The Committee regrets that the report provides only a partial response to the observations and recommendations made when the previous report was considered in 1995.
147. The Committee would like to know if the changes brought about by the 1993 Constitution regarding the status of international treaties, including the Convention, as opposed to national norms, could be detrimental to the implementation of the Convention.
148. The Committee notes with concern the close relationship between socio-economic underdevelopment and the phenomena of ethnic or racial discrimination against part of the population, chiefly the indigenous and peasant communities. In this respect, the Committee regrets the absence in the periodic report of information on the socio-economic indicators relevant to the situation of populations of indigenous, peasant or African origin. It nevertheless notes that the report acknowledges shortcomings in areas such as housing and health.
149. With regard to the implementation of article 2 of the Convention, the Committee reiterates its observations concerning the lack of information enabling it to know how the constitutional provisions guaranteeing the protection of the right to freedom from discrimination on racial or ethnic grounds are applied in practice.
150. With regard to article 4 of the Convention, the Committee notes with concern the lack of specific legislative provisions aimed at giving full effect to the Convention, though it acknowledges the existence of legislative initiatives aimed at making up for that lack.
151. The Committee regrets the absence of information on the number of complaints and court decisions concerning acts of racism and on the reparation awarded as a result. It notes with concern that in the cases brought before the courts, it was reportedly entirely up to the plaintiff to prove discrimination.
152. With respect to the right to equal treatment before the courts, the Committee notes with concern reports that interpreters are not in practice available to monolingual indigenous people and that legislation has not been translated into indigenous languages.
153. It is also worrying to learn that people who are in fact subjected to all sorts of pressure, from both subversive groups and the forces of law and order, are being charged with aiding and abetting terrorists. Allegations have further been made that indigenous communities are being forced to set up self defence committees under the armed forces and that young people from the most underprivileged sectors of the population are being conscripted by force.
154. The Committee takes note of reports that the indigenous population, the members of which often have no identity papers and are illiterate, is thus deprived of the possibility of exercising its civic and political rights.
155. The Committee takes note of the information on major shortcomings in the health services provided for the rural population in the Andes and in Amazonia, and of the allegations of forced sterilization of women belonging to indigenous communities. It also takes note of reports that there is a difference of almost 20 years between the life expectancy of people of indigenous origin and that of the rest of the population.
156. With regard to the right to employment, the Committee takes note with concern of the reports that access to jobs and promotions is often influenced by racial criteria, while certain minor or disparaged jobs are left to persons of indigenous or African origin.
157. With regard to the right of access to all public places, the Committee takes note of the promulgation in late 1998, following complaints of discriminatory practices in that respect, of legislation prohibiting the owners of establishments open to the public from screening their clients on racial grounds. The Committee regrets, however, that this prohibition is not yet accompanied by any form of penalty.
158. The Committee is concerned about reports that the 1993 Constitution no longer totally guarantees that the communal property of indigenous populations is inalienable and unavailable for use.
159. With regard to the right to education, the Committee regrets the absence of information in the report on the number of children from communities of indigenous, peasant or African origin not attending school.
160. Measures should be taken to guarantee the right of the most underprivileged members of the population to benefit from all the rights listed in article 5 of the Convention and the right to equal treatment before the courts and in the exercise of their political rights.
161. The Committee recommends that the State party bring its penal legislation into line with the provisions of the Convention, in particular with regard to article 4.
162. Programmes of instruction in human rights intended for justice administration personnel and members of the security forces should include training in the prevention of and protection against racial discrimination.
163. The Committee recommends that the State party take measures aimed at establishing a genuine dialogue between the Government and non governmental organizations in the fight against racial and ethnic discrimination.
164. In its next report, the State party should provide information on, inter alia: (a) the ethnic make up of the population, insofar as such information is available; (b) socio-economic indicators relevant to the situation of populations of indigenous, peasant or African origin; (c) the progress made to the benefit of those people on each of the rights listed in article 5 of the Convention; (d) the measures of legislative reform taken with a view to full compliance with the requirements of article 4 of the Convention and the punishment of all forms of racial and ethnic discrimination; (e) the follow-up to complaints from the victims of racial and ethnic discrimination and to their requests for reparation, in accordance with article 6 of the Convention; (f) the measures taken to train agents responsible for the implementation of legislation in terms of tolerance and inter-ethnic and inter-racial understanding; (g) the measures taken to spread knowledge of the Convention and to publicize the Committee's reports and concluding observations.
165. The Committee recommends that the State party ratify the amendments to article 8, paragraph 6, of the Convention, adopted on 15 January 1992 at the fourteenth meeting of States parties to the Convention.
166. The Committee recommends that the State party's next report, which was due on 29 October 1998, be an updating report and that it should cover all the suggestions and recommendations made in these concluding observations.
167. The Committee considered the twelfth to fifteenth periodic reports of the Syrian Arab Republic (CERD/C/338/Add.1/Rev.1) at its 1319th and 1320th meetings (see CERD/C/SR.1319 and 1320), on 10 and 11 March 1999. At its 1332nd meeting (see CERD/C/SR.1332), on 19 March 1999, it adopted the following concluding observations.
168. The Committee welcomes the twelfth, thirteenth, fourteenth and fifteenth periodic reports submitted by the Government of the Syrian Arab Republic in one document and the introductory presentation made by the delegation as well as the opportunity thus offered to recommence its dialogue with the State party after eight years. Nevertheless, the Committee regrets that the report did not follow the guidelines; the information was too concise and did not take into consideration the Committee's concluding observations relating to the previous report of the State party for the submission of a comprehensive report. The Committee expresses its appreciation for the constructive dialogue with the delegation and the additional information provided in response to the questions asked.
169. The Committee notes that the State party, as a result of the Israeli occupation of part of its territory, is not in a position to exercise control over all its territory and consequently cannot ensure the implementation of the Convention in the Golan Heights. The Committee also takes note of the difficulties caused by the fact that the State party has hosted a great number of refugees for several decades. It is also noted that the state of emergency, which continues to be in force in the State party, militates against the unrestricted implementation of some of the provisions of article 5 of the Convention.
170. The Committee expresses its satisfaction at the fact that the international conventions to which the State party has acceded, including the International Convention on the Elimination of All Forms of Racial Discrimination, have become an integral part of its domestic legislation and are binding on the judicial and other authorities of the State.
171. Efforts made by the State party to host Palestinian refugees, of whom 351,189 have been registered, and let them retain their identity are also noted with satisfaction.
172. The Committee notes with satisfaction that the State party's Penal Code (arts. 305, 307 and 109) reflects most of the provisions enshrined in article 4 of the Convention.
173. The Committee welcomes the information contained in the report concerning educational measures which provide for the inclusion of the teaching of human rights, including the nee