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 need to combat and condemn racial discrimination, in school curricula. 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 a human rights committee in every school in order to promote the principles of tolerance and peaceful coexistence among different ethnic groups in the State party.
174. The Committee also notes with satisfaction that the State party has ratified 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.
175. While the Committee acknowledges the State party's efforts to protect the rights of ethnic national minorities, particularly Armenians, Palestinians and Jews, it is still concerned about the stateless status of a large number of persons of Kurdish origin, who are alleged to have entered the Syrian Arab Republic from neighbouring countries from 1972 to 1995 and who are said to number 75,000.
176. The Committee is concerned about Syrian-born Kurds, who are considered either as foreigners or as maktoumeen (unregistered) by the Syrian authorities and who face administrative and practical difficulties in acquiring Syrian nationality, although they have no other nationality by birth.
177. The Committee encourages the State party to continue to explore ways of providing protection to all ethnic or national groups living in the Syrian Arab Republic and recommends that the State party include in its next report data on the ethnic composition of the population and on persons residing in the Syrian Arab Republic who are non-Palestinian refugees. Information on their socio-economic situation would also be appreciated.
178. In the light of article 3 of the Convention and general recommendation XIX, the Committee encourages the State party to monitor developments which may give rise to racial segregation and to work for the eradication of any negative consequences that ensue from such developments.
179. In order to be able to evaluate the implementation of articles 4 and 6 of the Convention, the Committee requests the State party to present information on the number of complaints, judgements and compensation awards arising from acts of racial discrimination.
180. The Committee recommends further action to protect the rights of all persons belonging to ethnic and national groups to enjoy, without discrimination, the civil and political rights listed in article 5 of the Convention, notably the right to nationality and cultural self-expression. In particular, the Committee recommends that the State party review its legislation on nationality in order to find an expeditious solution to the situation of Syrian-born Kurds and refugee children born in the Syrian Arab Republic.
181. The Committee recommends that the State party undertake preventive measures, such as training programmes for law enforcement officials and security authorities, which will strengthen the implementation of the Convention, in accordance with article 7 of the Convention and general recommendation XIII of the Committee, with a view to preventing human rights violations such as arbitrary arrests, detention, and disappearances of stateless refugees and foreigners.
182. Some members of the Committee requested that the State party consider the possibility of making the declaration provided for in article 14 of the Convention.
183. The Committee recommends that the State party's next periodic report, due on 21 May 2000, be a comprehensive report, following the reporting guidelines established by the Committee.
184. The Committee suggests to the State party that the report and the present concluding observations be widely distributed to the public.
185. The Committee considered the twelfth to fifteenth periodic reports of Costa Rica (CERD/C/338/Add.4) at its 1321st and 1322nd meetings (see CERD/C/SR.1321 and 1322), on 11 and 12 March 1999, and adopted, at its 1331st meeting (see CERD/C/SR.1331), on 18 March 1999, the following concluding observations.
186. The Committee welcomes the opportunity to resume its dialogue with the State party after a lapse of seven years. The Committee is satisfied with the frank and constructive approach taken by the representatives of the reporting State in their dialogue with the Committee and for the additional information provided orally.
187. The Committee welcomes the information provided by the State party that the Convention is directly applicable in the Costa Rican legal system and that it takes precedence over domestic legislation.
188. The Committee notes with interest the State party's efforts to promote equal opportunity for the indigenous population, and in particular the ratification of ILO Convention 169 on Indigenous and Tribal Peoples (1989), the existence of the National Indigenous Affairs Commission (CONAI) and the Office of the Ombudsman and the bill for the autonomous development of the indigenous people, which has been presented before the Legislative Assembly.
189. The Committee notes with appreciation that, even in times of economic crisis or natural disaster, the State party has traditionally maintained a generous refugee and immigration policy. It notes with particular interest that a "migratory amnesty" is currently in force, from 1 February 1999 to 31 July 1999, allowing for the regularization of the situation of a large number of clandestine immigrants in order to ensure their enjoyment of social, economic and cultural rights, particularly in regard to work.
190. While noting the concern of the State party to eliminate any difference of treatment in law not based on rational elements, the Committee is preoccupied that the legislation of Costa Rica does not contain explicit norms forbidding discrimination on the grounds of national or ethnic origin.
191. While noting that Act No. 4430 of 21 May 1968 and Act No. 4466 of 19 November 1969 render punishable by a fine any racial segregation with regard to the admission of people of different races to public or private places, the Committee is concerned that the financial penalties thus provided for do not constitute a sufficiently effective measure to prevent, prohibit and eradicate all practices of racial segregation, as required by article 3 of the Convention.
192. With regard to article 4 of the Convention, the Committee is concerned about the lack of specific and adequate legislative provisions prohibiting racial discrimination by private groups or associations. It stresses that article 2, paragraph 1 (d), of the Convention makes it an obligation for States parties to prohibit racial discrimination committed not only by individuals but "by any persons, group or organization".
193. The Committee notes with concern recent manifestations of xenophobia and racial discrimination, largely focused on immigrants, in particular Nicaraguans. In this context, the Committee also expresses its concern about the vulnerable status of refugees and clandestine immigrants, who often live and work in the country in precarious conditions, and who frequently become victims of discrimination in the terms of article 5 of the Convention, in particular paragraph 5 (e).
194. The Committee remains concerned at the situation with regard to the land rights of indigenous peoples in the State party. Despite the efforts made, problems relating to the allocation of land and/or compensation persist. Of special concern have been confrontations arising over the ownership of property, in the course of which indigenous people were killed and vandalism occurred, as in the case of Talamanca.
195. Noting that few cases of racial discrimination have reached the courts or administrative bodies, the Committee is concerned about the effective access to protection and remedies against any acts of racial discrimination of, in particular, the indigenous population, the black minority, refugees and immigrants.
196. The Committee notes with concern that the report of the State party is devoted mainly to the existing legal and administrative framework for ensuring protection against racial discrimination, whereas insufficient information is given to allow an evaluation of the effective enjoyment of the rights provided for by the Convention, in particular by the indigenous population, the black minority, refugees and immigrants.
197. With respect to article 7 of the Convention, the Committee notes that limited information has been given concerning the State party's undertaking to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudice which leads to racial discrimination.
198. 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 particular, the Committee emphasizes the importance of adequately prohibiting and penalizing acts of racial segregation and discrimination, whether they are committed by individuals or associations.
199. It is also recommended that the State party intensify its measures aimed at preventing and prosecuting any act or manifestation of racial discrimination or xenophobia, including acts of violence against persons belonging to ethnic and national minorities.
200. The Committee recommends that the next periodic report of the State party should include information on the scope and the implications of the new immigration legislation.
201. It is also recommended that the State party take immediate and appropriate measures to ensure the enjoyment of the provisions of article 5 of the Convention also by the indigenous population, the black minority, refugees and immigrants.
202. The Committee recommends that the State party intensify its efforts to ensure a fair and equitable distribution of land, taking into account the needs of the indigenous population. The Committee stresses the importance that the land holds for indigenous peoples and their spiritual and cultural identity, including the fact that they have a different concept of land use and ownership. In this regard, the approval by the Legislative Assembly of the bill for the autonomous development of indigenous people would be of great importance.
203. With regard to article 6 of the Convention, the Committee recommends that the State party make additional efforts to facilitate equal access to the courts and administrative bodies, in particular for the indigenous population, the black minority, refugees and immigrants, in order to ensure equality for all persons.
204. The State party is invited to provide further information on the following issues: (a) the effective enjoyment of the rights set out in the Convention, in particular by the indigenous population, the black population, refugees and immigrants and; (b) measures taken in the field of teaching, education, culture and information in order to combat racial discrimination, in compliance with article 7 of the Convention.
205. 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.
206. The Committee requests that the State party give wide publicity to its report to the Committee, as well as the present concluding observations.
207. The Committee recommends that the State party's next periodic report, due on 4 January 2000, be an updating report and that it address all the suggestions and recommendations contained in the present concluding observations.
208. The Committee considered the thirteenth and fourteenth periodic reports of Kuwait, submitted in one document (CERD/C/299/Add.16 and Corr.1), at its 1325th and 1326th meetings (see CERD/C/SR.1325 and 1326), on 15 and 16 March 1999. At its 1331st meeting, on 18 March 1999 (see CERD/C/SR.1331), it adopted the following concluding observations.
209. The Committee welcomes the report of Kuwait 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 also expresses its appreciation to the delegation of the State party for the additional information that it provided to the Committee orally and in writing.
210. The Committee acknowledges that, as a result of the invasion and occupation of Kuwait by Iraq, the State party was subjected to serious difficulties which continue to affect the capacity of the State party to fully implement all of the provisions in the Convention.
211. The Committee welcomes the steps taken by the State party to grant Kuwaiti nationality to a certain number of non-Kuwaitis. In particular, the Committee welcomes the amendment to article 7 of the Nationality Act (Decree No. 15 of 1959), which provides that children of naturalized fathers born after their father acquired Kuwaiti nationality are now regarded as being of Kuwaiti origin. This provision also applies to those born after the entry into force of that Act.
212. The Committee welcomes the establishment of an executive committee on undocumented persons in the country. It also notes with satisfaction the approval by the Council of Ministers of Decree No. 60/1997 granting Kuwaiti nationality to the children of martyrs, classified as bidoon (i.e. residing illegally in the country).
213. In connection with articles 2 and 4 of the Convention, the Committee welcomes the legislative proposal for the addition of two articles to the Penal Code of Kuwait. The first of these prohibits incitement to racial discrimination and the second stipulates that it is a punishable offence for public officials not to respect racial equality.
214. The Committee notes with appreciation the measures taken by the State party to protect the rights of foreign workers in Kuwait. In particular, the Committee welcomes the statement of the State party that it has ratified a large number of international conventions adopted by the International Labour Organization and the Arab Labour Organization with a view to protecting workers' rights.
215. In this regard, the Committee also welcomes the establishment of a Department of Domestic Labour Offices, as well as a Department to Regulate Recruitment Agencies, to monitor the employment of foreign domestic servants and to ensure that recruitment agencies act in a fair and just manner.
216. The Committee welcomes the establishment of a Committee for the Defence of Human Rights within the National Assembly, to monitor human rights issues in Kuwait.
217. While the Committee acknowledges the proposed amendment to the Penal Code in connection with article 4 of the Convention, it notes with concern that the Kuwaiti legislation is not in full compliance with the provisions of this article.
218. The Committee is still concerned about discriminatory measures in relation to vulnerable groups of foreigners, in particular, the treatment of foreign domestic servants.
219. The Committee is concerned by the fact that, in spite of efforts, the Government of Kuwait has not yet found a solution to the problems of the bidoon, the majority of whom are still stateless.
220. With regard to article 7 of the Convention, the Committee notes with concern the insufficient training for law enforcement officials and other public officials regarding the provisions of the Convention.
221. The Committee recommends that the State party revise the Penal Code in order to introduce specific legislation to implement the provisions of article 4 of the Convention in accordance with general recommendations VIII and XV of the Committee.
222. The Committee recommends that the State party improve administrative and legal measures to guarantee the enjoyment by individuals belonging to vulnerable groups of foreigners, notably domestic workers, of the rights enshrined in the Convention without any discrimination.
223. The Committee recommends that the State party find a solution to the problems faced by the bidoon and ensure the enjoyment of their rights without any discrimination, in accordance with articles 2 and 5 of the Convention.
224. The Committee recommends that the next report include information on the implementation of article 6 of the Convention.
225. The Committee suggests that the State party consider intensifying the education and training of law enforcement officials, in accordance with article 7 of the Convention and general recommendation XIII of the Committee.
226. 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.
227. 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.
228. The Committee recommends that the State party widely disseminate its report and the present concluding observations.
229. The Committee recommends that the next periodic report of the State party, due on 4 January 1998, be an updating report and address the suggestions and recommendations adopted by the Committee.
230. The Committee considered the eleventh to fifteenth periodic reports of Mongolia (CERD/C/338/Add.3) at its 1327th and 1328th meetings (see CERD/C/SR.1327 and 1328), on 16 and 17 March 1999. At its 1332nd meeting (see CERD/C/SR.1332), on 19 March 1999, it adopted the following concluding observations.
231. The Committee welcomes the eleventh, twelfth, thirteenth, fourteenth and fifteenth periodic reports submitted by the Government of Mongolia 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. The Committee notes with satisfaction that the report followed the guidelines. Nevertheless, the Committee is of the view that the information in the report was too succinct and that the report did not include information on specific legal provisions or examples of the actual implementation of the Convention.
232. The Committee notes that the State party is in a period of economical and political transition, and that the difficulties of this transition have a great impact on the population.
233. The Committee expresses its satisfaction at the statement by the State party's delegation that the international conventions, including the International Convention on the Elimination of All Forms of Racial Discrimination, to which the State party has acceded, have become an integral part of its domestic legislation.
234. The Committee welcomes the enactment of the State party's Constitution (1992), which has included the prohibition of racial discrimination. The enactment of the Law of Mongolia on the Legal Status of Foreign Citizens (1993), which establishes equality between foreigners and Mongolian citizens in the exercise of their rights and freedoms, is also welcomed by the Committee.
235. The Committee welcomes the efforts of the State party to revise its domestic legislation in accordance with its new Constitution (1992). It also notes with satisfaction that the provisions of international instruments on human rights to which Mongolia is a party are duly taken into consideration in the process of legislative reform.
236. The Committee welcomes the information contained in the report concerning the Law on Education (1995), which prohibits racial discrimination in the field of education. Educational measures which provide for the inclusion in the school curricula of the teaching of human rights, including the need to combat and condemn racial discrimination, are also welcomed by the Committee.
237. The Committee also expresses satisfaction at the efforts undertaken by the State party to raise awareness of and promote action against all forms of racial discrimination.
238. The Committee welcomes the State Policy on Culture (1996), adopted by the State Great Hural of Mongolia, which provides means to ensure the preservation, respect, enrichment and development of the heritage, culture and traditions of ethnic groups.
239. The Committee notes with appreciation the State party's implementation of international cooperation programmes in the field of human rights education, in cooperation with the Office of the United Nations High Commissioner for Human Rights.
240. While the Committee notes with appreciation the State party's efforts in the field of legislative reform, it remains concerned about the lack of comprehensive legislation to combat discrimination based on race, colour, descent, or national or ethnic origin.
241. Although the Committee notes that the State party's report includes information on the demographic composition of Mongolia, it regrets the lack of information on the socio-economic situation of the different ethnic minority groups living in the State party.
242. The Committee notes that the State party's Criminal Code (art. 7) largely reflects the provision contained in article 4 (a) of the Convention. However, it remains concerned that the provisions of article 4 (b) and (c) of the Convention are not included in the Criminal Code.
243. Although the Committee notes that the State party's Constitution (1992) and the Law on the Legal Status of Foreign Citizens (1993) guarantee the rights enshrined in article 5 of the Convention, it expresses its concern at the absence of specific legislation to prohibit racial discrimination in the enjoyment of such rights.
244. While the Committee notes that article 19 of the State party's Constitution (1992) establishes the State's obligation to provide remedies in cases of human rights violations, it expresses its concern at the lack of specific legislation for the provision of compensation, as enshrined in article 6 of the Convention.
245. The State party should give serious consideration to the enactment of a comprehensive law on ethnic minorities and combat discrimination based on race, colour, descent, or national or ethnic origin. The Committee recommends that the State party continue providing training programmes for law enforcement officials, in accordance with article 7 of the Convention and general recommendation XIII of the Committee.
246. The Committee encourages the State party to continue exploring ways of providing specific protection to all ethnic groups living in its territory. The Committee further recommends that the State party include in its next report statistical data on the socio-economic situation of the different ethnic minority groups.
247. The Committee recommends that the State party take the necessary steps to comply fully with the provisions of article 4 of the Convention. In order to be able to evaluate the implementation of article 4 of the Convention, the Committee also recommends that the State party include in its next report the relevant articles of the Criminal Code.
248. The Committee recommends that the State party review its civil and penal legislation in order to bring it into full conformity with the principles and provisions of the Convention, in particular articles 5 and 6 of the Convention.
249. 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.
250. The Committee notes that the State party has not made the declaration provided for in article 14 of the Convention. Some members of the Committee requested that the State party consider the possibility of making such a declaration.
251. The Committee recommends that the State party's next periodic report, due on 20 April 2000, be an updating report, and take into account all the suggestions and recommendations contained in the present concluding observations.
252. The Committee suggests to the State party that the report and these concluding observations be widely distributed to the public.
253. The Committee considered the tenth to thirteenth periodic reports of Haiti (CERD/C/336/Add.1) at its 1334th and 1335th meetings (see CERD/C/SR.1334 and 1335), on 2 and 3 August 1999. At its 1354th meeting (see CERD/C/SR.1354), on 16 August 1999, it adopted the following concluding observations.
254. The Committee welcomes the tenth, eleventh, twelfth and thirteenth periodic reports submitted by the Government of Haiti in one document as well as the opportunity thus offered to renew its dialogue with the State party. Although the Committee welcomes that the report followed the guidelines, it is of the view that the information in the report was too concise and that the report did not sufficiently address the Committee's concluding observations relating to the previous report of the State party. The Committee is encouraged by the presence of a high-ranking delegation and expresses its appreciation for the constructive dialogue with the delegation and the additional information provided in response to the questions asked.
255. The Committee notes that the situation of human rights in the State party has improved, despite the continuing threats to its political and economic stability. In this connection, the Committee draws attention to the negative effects of the current political, economic and social crisis in the State party which have exacerbated discrimination among the different ethnic groups of the population. These factors are significant obstacles to the full implementation of the Convention.
256. The Committee expresses its satisfaction with the information provided in the State party's report that international instruments, including the International Convention on the Elimination of All Forms of Racial Discrimination, become an integral part of its domestic legislation and are binding on the judicial and other authorities of the State.
257. The Committee notes that the State party's Constitution (1987) embodies the principles enshrined in the Universal Declaration of Human Rights, including the prohibition of racial discrimination.
258. The Committee notes with appreciation the State party's implementation of an international cooperation programme in the field of human rights in cooperation with the Office of the United Nations High Commissioner for Human Rights.
259. Concern is expressed at the State party's repeated assertion that there is no racial discrimination as defined in article 1 of the Convention. In this connection, the Committee is of the opinion that the absence of complaints and legal action by victims of racism may possibly be an indicator of a lack of awareness of the existence of available legal remedies in cases of racial discrimination, and that members of the public may not be sufficiently aware of the protection against racial discrimination provided by the Convention.
260. While noting that the State party's domestic legislation (Decree of February 1981) makes all acts of racial discrimination punishable by law, concern is expressed at the lack of information on the implementation of article 4 of the Convention, especially on how this principle is applied by judges, lawyers and civil servants.
261. Although it is noted that the State party's Constitution (1987) guarantees the enjoyment, without discrimination, of most of the rights enshrined in article 5 of the Convention, concern is expressed about reports of human rights violations committed by members of the Haitian National Police and that too little is done to prevent persons perpetrating, with impunity, acts of violence related to racial discrimination. Concern is also expressed at the lack of domestic legislation to prevent acts of racial discrimination by individuals in implementation of articles 2 (1) (d) and 5 (e) of the Convention.
262. While noting that the State party's Civil Code (arts. 1168 and 1169) establishes a legal mechanism for reviewing complaints of racial discrimination on the part of the State, concern remains that this legislation does not fully reflect the provisions of article 6 of the Convention.
263. With regard to the implementation of article 7 of the Convention, concern is expressed that the Convention has not yet been translated into Creole, since this is the other official language.
264. The Committee recommends that the State party in its next periodic report provide full information on the demographic composition of the population in the light of paragraph 8 of the reporting guidelines, together with socio-economic indicators on the situation of the various ethnic communities.
265. Emphasizing the role of the judicial system in eliminating racial discrimination, while noting the current reforms to that system, the Committee requests the State party to include in its next periodic report a description of the existing legal mechanisms available to lodge complaints in cases of racial discrimination (e.g., in the light of the decree of 4 February 1981 and the relevant articles of the Civil Code). In this connection, the Committee further recommends that the State party review its domestic legislation in accordance with articles 4 and 6 of the Convention.
266. In the light of articles 2 and 5 of the Convention, the Committee recommends that the State party enact legislation for the prevention of racial discrimination in the private sector. In this connection, the Committee recommends that the State party consider the establishment of a national institution to facilitate the implementation of the Convention, in accordance with the Committee's general recommendation XVII.
267. The Committee recommends that the State party include in its next report information on the restrictions upon foreigners of different racial or ethnic origin and upon non-native Haitians, with respect to the enjoyment of the rights enumerated in article 5 of the Convention.
268. The Committee recommends that the State party consider providing education and training on racial tolerance and human rights issues to law enforcement officials, 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 its disciplinary action against perpetrators of police brutality with a view to reinforcing measures against such perpetrators.
269. The Committee requests the State party to include information in its next report on measures undertaken or envisaged for improving public awareness of the Convention. The Committee further suggests that the State party may wish to 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.
270. 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 such a declaration be considered. The Committee also 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.
271. The Committee recommends that the State party's next periodic report, due on 18 January 2000, be an updating report and that it address the points raised during the consideration of the report.
272. The Committee considered the twelfth to fifteenth periodic reports of Romania (CERD/C/363/Add.1) at its 1336th and 1337th meetings (see CERD/C/SR.1336 and 1337), on 3 and 4 August 1999, and adopted, at its 1360th meeting (see CERD/C/SR.1360), on 19 August 1999, the following concluding observations.
273. The Committee welcomes the report submitted by the Government of Romania, together with the additional information provided by the delegation in reply to the questions and observations by members of the Committee during the oral consideration of the report. The Committee notes with appreciation the particular effort made to respond to concerns and requests for information expressed by the Committee on the occasion of the consideration of the previous periodic report in 1995.
274. Note is taken with satisfaction of the legislative measures adopted since the consideration of the previous periodic report which are relevant to the implementation of the Convention, such as the Act regulating the institution of the People's Advocate and its entry into operation, and also the Act regulating the status of refugees.
275. Note is taken with interest of the establishment within the Executive of a Governmental Department for the Protection of National Minorities. In connection with the Roma, note is taken of the establishment, within that Department, of the National Office for Roma and of the efforts made at the inter-ministerial level to coordinate policies in support of this minority.
276. The efforts made to put into practice human rights education programmes, some of which are intended for law enforcement officials, are welcomed. Note is taken of the efforts to make the police more efficient and respectful of the rights of individuals in general and of minorities in particular.
277. The efforts aimed at facilitating access to mother-tongue education for members of national minorities are also welcomed.
278. Note is taken with interest of the increase in the number of persons belonging to national minorities who are members of the organs of the Legislature and the Executive, and also of local administrative bodies.
279. The Committee takes note with satisfaction of the submission to Parliament of bills for the ratification of the amendments to article 8, paragraph 6, of the Convention, approved at the fourteenth meeting of States parties to the Convention, and for approval of the declaration provided for in article 14 of the Convention.
280. Concern is expressed that the provisions of Romanian legislation making punishable acts of racial discrimination by individuals, are not in full conformity with the provisions of article 2, paragraph 1 (d), of the Convention. The fact that legislation contains no clear prohibition of organizations which promote and incite racial discrimination, within the meaning of article 4 (b) of the Convention, is also unsatisfactory.
281. Another subject of concern is the persistence of xenophobic attitudes and prejudice against certain minorities within Romanian society, which manifest themselves on numerous occasions in various mass media.
282. The situation of Roma is a subject of particular concern since no improvements have been noted in the high unemployment rates and the low educational level traditionally predominant among members of this minority; this contributes to the continued unacceptable prevalence of the negative and stereotyped image of the minority in the rest of society. Given its disadvantaged situation in society, particular concern is caused by the absence of economic and social measures of the kind envisaged in article 2 (2) of the Convention in favour of this minority, Romania's current difficult economic situation notwithstanding.
283. The State party should adopt measures to include in legislation provisions which fully prohibit any act of racial discrimination by individuals, as provided for in article 2, paragraph 1 (d), of the Convention, and also any organization which promotes and incites racial discrimination, within the meaning of article 4 (b) of the Convention.
284. The Committee notes the limited number of cases of racial discrimination that have come before the organs administering justice. The Committee is of the opinion that the lack of more complaints and judicial decisions may indicate a lack of awareness of the existence of available legal remedies and of the protection against racial discrimination provided by the Convention. It suggests to the State party that it take measures to remedy that situation.
285. The Committee recommends that the State party take measures to prevent and punish racist practices in the mass media. In addition, adequate means should be found to ensure that the media constitute an instrument that helps to combat racial prejudice, particularly against the Roma, and fosters a climate of understanding and acceptance among the various groups which make up the country's population.
286. Measures of affirmative action should be adopted in favour of the Roma population, especially in the areas of education and vocational training, with a view, inter alia, to placing Roma on an equal footing with the rest of the population in the enjoyment of economic, social and cultural rights, removing prejudices against the Roma population and enhancing its capacity in asserting its rights. A coordinated effort by the various State bodies competent in this area, working in conjunction with representatives of the Roma population, is required.
287. While noting the State party's statement that in view of the absence of any practices of racial segregation or apartheid it has not taken any action to prevent or eliminate such practices, the Committee nevertheless requests the State party to take into consideration its general recommendation XIX relating to article 3 of the Convention.
288. The training programmes for law enforcement officials on human rights in general and observance of the Convention in particular must be continued. In this connection, the Committee invites the State party's attention to the content of its general recommendation XIII.
289. The Committee suggests to the State party that it take measures to ensure the effective dissemination, including in the languages of the national minorities, of the provisions of the Convention, as well as its periodic report and the Committee's concluding observations.
290. The Committee recommends that the State party's next periodic report, due on 15 October 2001, be an updating report, and that it should address all the points raised in these concluding observations.
291. At its 1337th meeting on 4 August 1999 (see CERD/C/SR.1337), the Committee reviewed the implementation of the Convention by Antigua and Barbuda in the absence of any report. The Committee noted with regret that no report had been submitted to the Committee since the State party's ratification of the Convention in 1988.
292. The Committee regretted that Antigua and Barbuda had not responded to its invitation to participate in the meeting and to furnish relevant information. The Committee decided that a communication should be sent to the Government of Antigua and Barbuda along with its report setting out its reporting obligations under the Convention and urging that the dialogue with the Committee should begin as soon as possible.
293. The Committee suggested that the Government of Antigua and Barbuda avail itself to 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.
294. The Committee considered the thirteenth, fourteenth and fifteenth periodic reports of the Islamic Republic of Iran (CERD/C/338 Add.8) at its 1338th and 1339th meetings (see CERD/C/SR.1338 and 1339), on 4 and 5 August 1999. At its 1357th meeting (see CERD/C/SR.1357), on 18 August 1999, it adopted the following concluding observations.
295. The Committee welcomes the submission of the State party's periodic report and the opportunity to continue a dialogue with the country. It appreciates the presence of a high-level delegation, which serves as an indication of the importance attached by the State party to its obligations under the Convention. The Committee also notes with satisfaction that the report constitutes a considerable improvement, in format as well as in substance, compared to previous reports.
296. In the light of the State party's point of view on the problems involved in determining the ethnic composition of the population, the Committee notes that the information given on the ethnic composition is to a considerable extent in conformity with its previous requests and welcomes the efforts of the State party to provide statistics and breakdowns to enable an identification of different ethnic groups, including Azaris, Arabs, Kurds, Baluchis, Lurs and Turkmen.
297. The Committee notes with appreciation that the State party has a long tradition of receiving and hosting on its territory a large number of refugees, particularly of Afghan origin, and welcomes its efforts to provide the refugee community with food, shelter and health services.
298. In the light of article 2, paragraph 2, of the Convention, the Committee welcomes the information provided by the State party on the measures taken to eliminate discrimination in areas inhabited by disadvantaged ethnic and tribal minorities and groups. In particular, the Committee appreciates the introduction of increased quotas for students from underdeveloped provinces in public universities; the allocation of resources to promote research on the root causes of the problems of economically, socially and culturally disadvantages areas, such as the low number of girls enrolled in schools or completing their education; the successful literacy campaign launched in 1979 which has resulted in a significant rise in literacy among, in particular, women from disadvantaged areas; and, steps taken by the Ministry of Health and Medical Education to promote non-discrimination in terms of health care.
299. The Committee welcomes the approbation by the Council of Ministers of a Plan for the Comprehensive Development of the Nomadic Regions and other measures taken to improve the economic, social and cultural conditions of the nomadic population, such as the establishment of mobile schools, and efforts made to ensure the availability of adequate health service.
300. In relation to article 5 (c) of the Convention, the Committee welcomes information indicating a high level of participation in both local and national elections, including the population in regions inhabited by national and ethnic minorities. It further notes with appreciation that ethnic and national minorities, in particular the Kurds, are represented in the Parliament in proportion to the demographic composition of the country.
301. The Committee notes with appreciation the establishment of national institutions to promote, review and monitor human rights enumerated in international instruments and the Constitution, in particular the Islamic Human Rights Commission and the Board for Follow-up and Monitoring the Implementation of the Constitution.
302. Concern is expressed that the definition of racial discrimination found in, inter alia, article 19 of the Constitution of the Islamic Republic of Iran and the 1977 Bill for the Punishment of the Propagation of Racial Discrimination, is not in complete conformity with the broad definition contained in article 1, paragraph 1 of the Convention, which refers to any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin.
303. While the efforts of the State party to improve the economic, social and cultural conditions in disadvantaged areas are acknowledged, it is noted with concern that some provinces largely inhabited by persons belonging to minorities, such as Sistan/Baluchistan and other border areas, are still economically disadvantaged.
304. It is noted that several of the civil and political rights listed in article 5 (d) of the Convention, such as the freedom of thought, conscience and religion and the freedom of opinion and expression, are enjoyed subject to certain restrictions. The Committee needs more information in order to assess whether these restrictions are in conformity with the Convention.
305. Although the report contains a good deal of information on legal provisions, sufficient information is lacking on the practical implementation of and the enjoyment of rights contained in articles 2, 4, 5 and 6 of the Convention, notably regarding the incidences of ethnically motivated practices, the number of complaints of racial discrimination and available remedies, as well as the practice of the judiciary.
306. The Committee recommends that the State party take appropriate steps to bring its domestic legislation into full conformity with articles 1, paragraph 1, 4 (b) and 5 of the Convention, and to ensure, in particular, that legal stipulations providing for a difference in treatment do not result in discriminatory treatment based on race, colour, descent, or national or ethnic origin.
307. The Committee recommends that the State party continue to promote economic, social and cultural development in areas inhabited by disadvantaged ethnic and tribal minorities and groups, and to encourage the participation of these minorities in such development.
308. The Committee recommends that the State party ensure that seminars, training courses and workshops on human rights organized by the Islamic Human Rights Commission, the Ministry of Education and universities include teaching about the Convention and give due attention to the concluding observations of the Committee and the relevant national legislation, in particular relating to availability of domestic remedies.
309. In its next report, the State party should include comprehensive information relating to the practical implementation of the Convention, in particular on any complaints relating to racial discrimination brought before the courts, administrative bodies or the Islamic Human Rights Commission. The State party should also provide information on available remedies, on relevant case law and practice of the judiciary, on existing limitations as to the equal enjoyment of rights and freedoms contained in article 5 of the Convention, also, the Committee would like to receive further information on the work of the Islamic Human Rights Commission and the Board for Follow-up and Monitoring the Implementation of the Constitution.
310. The Committee suggests that the State party take steps to ensure the wide dissemination of the provisions of the Convention, as well as the State party's periodic reports and the concluding observations of the Committee.
311. 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.
312. It is noted that the State party has not made the declaration provided for in article 14 of the Convention, and some of the members of the Committee requested that the possibility of such a declaration be considered.
313. The Committee recommends that the State party's next periodic report, which is due on 4 January 2000, be an updating report, taking into account the points raised in the present observations.
314. At its 1343rd meeting, on 9 August 1999 (see CERD/C/SR.1343), the Committee reviewed the implementation of the Convention by Maldives on the basis of its previous report (CERD/C/203/Add.1) and its consideration by the Committee (see CERD/C/SR.944 and 950). The Committee noted with regret that no report had been submitted to the Committee since 1992.
315. The Committee also regretted that Maldives had not responded to its invitation to participate in the meeting and to furnish relevant information. The Committee decided that a communication should be sent to the Government of Maldives setting out its reporting obligations under the Convention and urging that the dialogue with the Committee should be resumed as soon as possible.
316. The Committee is aware that a new Constitution came into effect on 1 January 1998, containing provisions for the protection of certain civil and political as well as economic, social and cultural rights. The Committee is interested in receiving the relevant information from the State party, particularly with respect to any guarantees of equality and protection against racial discrimination.
317. The Committee appreciates the efforts of the State party in the field of education, with a literacy level accounting for 93.2 per cent, making the Maldives one of the leading countries in Asia in this respect.
318. The Committee requests further information in connection with the statements to be found in paragraph 1 of the fourth periodic report (CERD/C/203/Add.1) to the effect that "no form of racial discrimination exists in the Maldives based on race or any other differences among the population", and that "therefore, no specific legislation is required to implement the provisions of the Convention".
319. The Committee also requests further information from the State party on the situation of the migrant workers and foreigners and, in particular, whether they enjoy the protection of the Convention.
320. The Committee suggests that the Government of Maldives avail itself of the technical assistance offered by the Office of the United Nations High Commissioner for Human Rights, with the aim of drawing up and submitting a report without any delay, drafted in accordance with the reporting guidelines.
321. At its 1340th and 1341st meetings, on 5 and 6 August 1999 (see CERD/C/SR.1340 and 1341), the Committee considered the initial report and the second, third, fourth and fifth periodic reports, submitted as a single document (CERD/C/330/Add.1), and, at its 1362nd meeting (see CERD/C/SR.1362), on 20 August 1999, adopted the following concluding observations.
322. The Committee welcomes the submission of the initial report of Mauritania and the opportunity to establish contact with the State party. The Committee is encouraged to note that the State party sent a high-level delegation, led by the Minister of Justice: it has taken note of the additional information supplied by the delegation in the course of a fruitful dialogue. Although the information submitted in the written report was not complete, the Committee expresses its appreciation for the quality of the oral replies supplied by the delegation to the questions raised in the course of discussions.
323. The action and programmes undertaken by the State party to protect the most vulnerable ethnic groups in society are welcomed. In this regard, the Committee notes the establishment of a Commissioner for human rights, poverty alleviation and social integration (1998); the establishment of a Mediator of the Republic; and the measures taken in areas such as housing, health, education, the promotion of women's rights, youth protection, and the struggle against illiteracy and against surviving traditional practices of servitude.
324. It is noted with satisfaction that the International Convention on the Elimination of All Forms of Racial Discrimination, and other international human rights instruments, take precedence over national laws in the State party and may be invoked directly before the courts.
325. The Committee welcomes the ratification by the State party of the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
326. The activities undertaken by the State party with a view to implementing article 7 of the Convention, especially the work accomplished through rural radio broadcasts and efforts to combat illiteracy, are also noted.
327. It is noted that the information supplied by the State party concerning the ethnic composition of the population and socio-economic indicators relating to the implementation of the Convention's provisions is incomplete.
328. Insufficient information has been provided about the implementation of articles 2, 4 and 6 of the Convention and about legislation on and judgements, prosecutions and penalties for acts of racial discrimination. The information given is insufficient to verify whether existing legislation is adequate to incriminate the acts referred to in article 4 of the Convention.
329. With regard to article 5 of the Convention, allegations are noted to the effect that some groups of the population, especially the black communities, are still suffering from various forms of exclusion and discrimination, especially where access to public services and employment is concerned. While the Committee notes with satisfaction that Mauritanian legislation has abolished slavery and servitude, it also notes that, in some parts of the country, vestiges of practices of slavery and involuntary servitude could still persist, despite the State party's efforts to eradicate such practices.
330. For the submission of its next periodic report, the Committee recommends that the State party supply more detailed information concerning the ethnic composition of the population and socio-economic indicators relating to the implementation of the Convention's provisions, as stipulated in paragraphs 8 and 10 of the general guidelines on the preparation of reports.
331. The Committee recommends that the State party take all necessary legislative measures to ensure that articles 2, 4 and 6 of the Convention are fully expressed in national law. In this respect, it proposes that the State party, in its next periodic report, supply information concerning legislative measures adopted in compliance with the Convention. It would also like the next periodic report to contain judicial statistical data and, if available, practical examples of court appeals against racial and ethnic discrimination.
332. The Committee recommends that the State party include information in its next report on legislative measures and practices introduced by the authorities to give effect to the provisions of article 5 of the Convention, especially with a view to promoting the struggle against discrimination affecting the most vulnerable groups of the population, in particular the black communities, and to eradicating vestiges of practices of slavery and involuntary servitude.
333. With regard to implementation of article 7 of the Convention, the Committee encourages the State party to pursue its policy in the fields of education, teaching, culture and information. It recommends in particular that it intensify its efforts to promote the various national languages and to encourage the broad dissemination of human rights.
334. It is noted that the State party has not made the declaration provided for in article 14 of the Convention; some members of the Committee have requested that the State party consider the possibility of making such a declaration.
335. The Committee recommends that the State party ratify the amendments to article 8, paragraph 6, of the Convention, adopted at the fourteenth meeting of States parties.
336. The Committee recommends that the State party's next periodic report be more complete and that it address all the points raised by the Committee.
337. The Committee considered the fourteenth periodic report of Iraq (CERD/C/320/Add.3) at its 1344th and 1345th meetings (see CERD/C/SR.1344 and 1345), on 9 and 10 August 1999, and adopted, at its 1360th meeting (see CERD/C/SR.1360), on 19 August 1999, the following concluding observations.
338. The Committee welcomes the fourteenth periodic report of the State party, which submitted only two years after the submission of the previous report and contains replies to issues raised by the Committee in 1997. That shows the State party's willingness to maintain a regular dialogue with the Committee. The Committee further welcomes the supplementary information provided by the State party in the annexes to the report as well as during the oral presentation. However, it regrets the limited information provided with respect to the implementation of some articles of the Convention, despite the recommendation made in the Committee's previous concluding observations that the fourteenth report should be a comprehensive one.
339. The Committee notes the difficult economic and social situation prevailing in the country as a result of the war with the Islamic Republic of Iran, the Gulf War and the economic sanctions, as well as foreign military incursions in different areas of the country, which have caused human suffering as well as the destruction of part of the country's basic infrastructure and, ultimately, have had a negative impact on the full implementation of the human rights treaties, including the Convention. The Committee recalls in this respect that other human rights treaty monitoring bodies, such as the Committee on Economic, Social and Cultural Rights (especially in its general comment No. 8 (1997)), the Committee on the Rights of the Child and the Human Rights Committee have recognized the adverse consequences of the economic sanctions on the enjoyment of human rights by the civilian population and that, in its decision 1998/114, the Subcommission on Prevention of Discrimination and Protection of Minorities appealed to the international community, and to the Security Council in particular, for the embargo provisions affecting the humanitarian situation of the population in Iraq to be lifted. The Committee also takes note of a recent report of UNICEF which describes the tragic situation of children, including the loss of many lives, as a result of the economic sanctions. Those sanctions also affect the areas inhabited by ethnic groups.
340. The Committee joins the appeals to the international community and the United Nations, in particular, the Security Council, for the lifting of those embargo provisions affecting, in particular, the humanitarian situation of the population of Iraq.
341. The fact that the State's Central Administration lacks control over the northern governorates, where large numbers of Kurds, Turkmen and Assyrians live, the infighting between Kurdish factions and foreign military incursions by foreign powers, hamper the implementation of the Convention by the State party in that region and makes it difficult for the Committee to exercise its monitoring functions.
342. Despite all the difficulties the Committee considers that the Government of Iraq maintains the competence for the implementation of its obligations under the terms of the Convention.
343. It is noted with interest that the State party remains committed to the declaration of 1970 which recognized the ethnic, cultural and administrative rights of Kurdish citizens in the areas in which they constituted a majority, as well as to the Iraqi Kurdistan Regional Autonomy Act of 1974 by which the Autonomous Region was established as a separate administrative unit endowed with distinct personality. The laws and regulations aiming at protecting the cultural identity of the Turkoman minority and the Syriac-speaking community, dating back to the 1970s, are also commended. All those norms aiming at establishing high standards for the protection of the identity of the respective groups.
344. The Committee welcomes the measures taken by the Government of Iraq to clarify the situation of persons, including foreigners, who disappeared during the Gulf War.
345. The Committee equally welcomes the fact that an important number of refugees and other foreigners are received and live in Iraq.
346. It also welcomes the information from the Government that the internal legal order makes it possible for individuals to directly invoke the provisions of the Convention before the courts and that Iraqi legislation contains provisions prescribing penalties for acts of racial discrimination.
347. Concern is expressed as to whether, in the conditions prevailing in the northern governorates, members of minorities are able to enjoy the rights accorded to them by the legislation on autonomy and on cultural and linguistic rights.
348. Concern is also expressed over allegations that the non-Arab population living in the Kirkuk and Khanaquin areas, especially the Kurds, Turkmen and Assyrians, have been subjected by local Iraqi authorities to measures such as forced relocation, denial of equal access to employment and educational opportunities and limitations in the exercise of their rights linked to the ownership of real estate.
349. It is also noted with concern that the situation prevailing in the northern governorates has caused much suffering and the forced displacement of a large part of the population, including for members of ethnic groups living in the area.
350. Although the Penal Code contains provisions prohibiting the establishment or membership of any association, organization or body seeking to incite intercommunal conflict or provoke feelings of hatred and animosity among the population, such provisions do not fully reflect the requirements of article 4 of the Convention.
351. The Committee recommends that the State party, in spite of the difficulties, make all efforts to abide by its obligations under the Convention, as well as the other international human rights treaties, to respect and ensure the rights of all persons within its territory.
352. While underlining that the Government of Iraq retains the competence for the implementation of the Convention in the northern region, the Committee appeals for the establishment of a climate of peace and understanding among the different Kurdish factions and between Kurds and other persons living in the region. The Committee also appeals to the different States and forces involved in the region to stop any activities leading to or encouraging ethnic conflict and intolerance, and contribute to the peace and respect of human rights of the entire population.
353. Allegations concerning discrimination against members of ethnic minorities in the Kirkuk and Khanaquin areas, as mentioned above, should be examined by the State party. The Committee requests to be informed about the result of such investigations.
354. The Committee recommends that the State party review its legislation in order to make it comply fully with the requirements of article 4 of the Convention.
355. Measures should be taken in order to ensure that law enforcement officials receive an effective training on all matters relating to all aspects of non-discrimination covered by the Convention.
356. The State party should include in its next periodic report updated data illustrating the level of enjoyment by the different ethnic groups of the economic and social rights enshrined in article 5 of the Convention. It should also provide information about the following issues: the breakdown of the demographic composition of the population; statistics reflecting the number of persons belonging to the different minorities who are employed as civil servants in the central or local administrations; decisions issued by domestic courts as a result of complaints of racial discrimination; impact of the restrictions to the acquisition of real property, taking into account the composition of the population in the governorate of Baghdad.
357. The Committee also requests the State party to provide further information about the enjoyment by members of minorities of the right to freedom of movement and residence within the country and the right to leave their own country and return to it.
358. The Committee recommends that the text of the Convention, the periodic report, and the present concluding observations be made widely available to the public at large, also in the languages of the minorities.
359. The Committee recommends that the State party ratify the amendments to article 8, paragraph 6, of the Convention, adopted on 15 January 1992 during the fourteenth meeting of State parties to the Convention.
360. 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 such a declaration be considered.
361. The Committee recommends that the State party's next periodic report, which was due on 13 February 1999, be a comprehensive report, and that it address the matters raised in the present concluding observations.
362. At its 1344th meeting, on 9 August 1999 (see CERD/C/SR.1344), the Committee reviewed the implementation of the Convention by the Central African Republic on the basis of its previous review of the implementation of the Convention (see A/48/18, paras. 150-151, and CERD/C/SR.972 and 983). The Committee noted with regret that no report had been submitted to the Committee since 1986.
363. The Committee regretted that the Central African Republic had not responded to its invitation to participate in the meeting and to furnish relevant information. The Committee decided that a communication should be sent to the Government of the Central African Republic setting out its reporting obligations under the Convention and urging that the dialogue with the Committee should resume as soon as possible.
364. The Committee suggested that the Government of the Central African Republic 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.
365. The Committee considered the eleventh to fourteenth periodic reports of Chile (CERD/C/337/Add.2) at its 1346th and 1347th meetings (see CERD/C/SR.1346 and 1347), on 10 and 11 August 1999. At its 1361st meeting (see CERD/C/SR.1361), on 20 August 1999, it adopted the following concluding observations.
366. The Committee welcomes the submission of the State party's periodic report, prepared in accordance with the Committee's guidelines, and it appreciates the opportunity to resume a dialogue with the country. The Committee commends, in particular, the frank and transparent spirit which characterized both the written report and the manner in which the delegation presented additional information and responded orally to the wide range of questions raised by the members of the Committee during the consideration of the report.
367. The Committee commends the State party for openly recognizing the existence of racial discrimination on its territory and its historical links with conquest and colonialism. In this context, the Committee also welcomes article 1 of the Act No. 19.253 relating to the Protection, Advancement and Development of the Indigenous Inhabitants of Chile (1993 Indigenous Act) which "recognizes that Chile's indigenous inhabitants are the descendants of the human groups which have existed on the national territory since pre-Colombian times and which conserve their own ethnic manifestations, the land being for them the principal foundation of their existence and their culture".
368. The Committee welcomes the information from the State party that, according to article 5 of the Constitution, international treaties on human rights and fundamental freedoms such as the Convention which are ratified, promulgated and made effective by the State party are directly applicable by the courts.
369. The Committee welcomes the initiatives taken by the State party to promote the rights of its indigenous population: including the enactment of the 1993 Indigenous Act; the subsequent setting up and activities of the Indigenous Development Corporation; the important steps taken by the State party to ensure the right to land of the indigenous population through land purchase and transfer to indigenous communities, and the setting up of a special judicial system for the indigenous population which recognizes custom as a mode of proof and which allows for legal conciliation of, in particular, land disputes.
370. The Committee notes that further steps have been taken towards reform of the domestic legislation, in particular the proposed amendments to the Constitution to strengthen the legal status of the indigenous population, and the draft reform of the Penal Code which is currently under discussion in the Congress and which is designed to penalize acts of discrimination on the grounds of race, or national or ethnic origin. In this context the Committee also welcomes the intention of the State party to ratify ILO Convention No. 169 on Indigenous and Tribal Peoples (169).
371. The Committee notes with satisfaction that the State party, following the previous concluding observations of the Committee, has made the declaration under article 14 of the Convention recognizing the Committee's competence to examine complaints of persons who claim to be victims of violations by the State party of the rights set forth in the Convention.
372. In relation to article 7 of the Convention, the Committee notes the 1997 educational reform and the efforts of the State party to introduce teaching about human rights and their implementation in the school curriculum. The Committee also welcomes the State party's cooperation with the Office of the United Nations High Commissioner for Human Rights and the hosting of a workshop in 1997 on the possible establishment of a permanent forum for indigenous peoples in the United Nations system.
373. The Committee is concerned about the reported findings of research showing that a considerable part of the Chilean population demonstrates intolerant and racist tendencies.
374. The Committee expresses its concern at the absence of specific legislation to enforce some of the provisions of the Convention. The Committee, taking note that the 1993 Indigenous Act contains a specific article declaring intentional discrimination against indigenous persons an offence punishable by law, and that the National Security Act prohibits fascist organizations, recalls the proposals for reform of the Constitution and the Penal Code, but remains concerned about the current absence of a comprehensive legislation in full accordance with articles 2, paragraph 1 (d) and 4, of the Convention.
375. The Committee is concerned about land disputes which occurred during the period under examination between the Mapuche population and national and multinational private companies, resulting in tension, violence, clashes with law enforcement officials and, allegedly led to arbitrary arrests of members of the indigenous population.
376. The Committee expresses its concern about the situation of migrant workers, in particular of Peruvian nationality.
377. The Committee commends the State party for having recognized its part in the discrimination experienced by the indigenous population, recalls its general recommendation XXIII and requests that the State party consider the issue of a formal apology, as well as ways to ensure compensation to all those concerned, a policy which, inter alia, will significantly contribute to the process of reconciliation in the society as a whole.
378. As part of the ongoing legislation reform process, the Committee recommends that the Constitution be amended to incorporate a prohibition of racial discrimination and that the scope of the Indigenous Act be extended to cover discrimination in effect in accordance with article 1, paragraph 1, of the Convention.
379. The Committee recommends that the State party take appropriate measures, within its ongoing legislative reform, to bring its legislation into full conformity with article 4 of the Convention, in accordance with the State party's obligations under article 2, paragraph 1 (d).
380. The Committee recommends that the State party use all effective means to raise the awareness of its people about the rights of indigenous peoples and national or ethnic minorities. It encourages the State party to continue to provide instruction on human rights standards in schools and organize training programmes for, in particular, law enforcement officials, in the light of general recommendation XIII.
381. In its forthcoming report, the State party should include detailed information relating to the following: the work and activities of the Indigenous Development Corporation; the system of land distribution; the judicial system in place for the indigenous population; the situation of migrant workers, the implementation of articles 4 and 5 of the Convention and, ongoing legislative reforms.
382. The Committee recommends that the State party ratify the amendments to article 8, paragraph 6, of the Convention adopted on 15 January 1992 during the fourteenth meeting of States parties to the Convention.
383. The Committee recommends that the State party's next periodic report, due on 19 November 2000, be an updating report, taking into account the points raised in the present observations.
384. The Committee considered the initial, second and third periodic reports of Latvia (CERD/C/309/Add.1) at its 1348th and 1349th meetings (see CERD/C/SR.1348 and 1349), on 11 and 12 August 1999. At its 1367th meeting (see CERD/C/SR.1367), on 23 August 1999, it adopted the following concluding observations.
385. The Committee welcomes the submission of the combined initial, second and third periodic reports of Latvia, which was drafted in accordance with its guidelines for the preparation of reports. It also takes note of the draft core document provided as a working paper for the purpose of facilitating the examination of the report. The initiation of a frank and constructive dialogue with the State party is equally welcomed.
386. Having regained independence and obtained United Nations membership in 1991, the State party has begun the process of legislative reform in the midst of large-scale economic and political transition. In doing so, the State party must deal with a legacy of difficult relations among various ethnic groups.
387. The Committee notes with satisfaction that, notwithstanding the difficulties inherent in this period of transition, the State party has achieved a substantial level of social stability and made important progress in the area of legislative reform. It notes that among the first priorities established by Latvia was the ratification of international and regional human rights instruments. It welcomes the information of the State party that the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination, and other international treaties, have constitutional status in domestic legislation and may be directly invoked in the courts. It also takes note of the addition of a new chapter in the Constitution entitled "Fundamental human rights", which enumerates many of the rights provided for in the Convention.
388. The Committee welcomes the fact that article 69 of the Criminal Code prohibits and provides for legal sanctions against the propagation of ideas based on racial or ethnic superiority or hatred, and against organizations and individuals that propagate such ideas.
389. The Committee notes that a number of restrictions that had been applied to non-citizens have been lifted, including on the right to own land and property, access to employment in various fields and the right to social security benefits.
390. The Committee welcomes the efforts being made to provide instruction, and the materials necessary for instruction, in minority languages. It notes also the efforts to facilitate instruction of members of minority groups in the national language, Latvian, particularly to adults who may not have had an opportunity to learn it in school.
391. The Committee also welcomes the comparative studies, referenda and invitations to residents of Latvia to engage in a national dialogue on such issues as differences in treatment of citizens and non-citizens, amendment of the Citizenship Law and the Framework Document for a National Programme on the Integration of Society.
392. The Committee notes with interest that measures have been taken to incorporate the cultivation of mutual tolerance and respect for the identity of different ethnic groups into school curricula at various levels of instruction on human rights.
393. Concern is expressed at the absence of a legal provision explicitly defining racial discrimination, in accordance with article 1 (1) of the Convention.
394. While noting the legislation adopted with respect to article 4 of the Convention, it is noted with concern that no case of dissemination of ideas of ethnic superiority or hatred, or of the use of defamatory language or the advocacy of violence based on such ideas has been brought to justice, and no organization involved in such activities has been prohibited, although the existence of such cases has been widely reported.
395. The Committee notes that only such persons who were citizens of Latvia before 1940 and their descendants have automatically been granted citizenship, while other persons have to apply for citizenship. Therefore, more than 25 per cent of the resident population, many of them belonging to non-Latvian ethnic groups, have to apply and are in a discriminatory position. Although the naturalization process has recently been made more accessible for elderly persons and for children, it is noted with concern that the qualification requirements may not be easily met and the naturalization process remains slow.
396. The Committee draws attention to the situation of persons who do not qualify for citizenship under the Citizenship Law and who are also not registered as residents, including those leaving the country temporarily. Concern is expressed that such persons may not be protected against racial discrimination in their exercise of rights under article 5 (d) (i) and (ii) and 5 (e) of the Convention.
397. Concern is also expressed about reports that there are still unjustified differences of treatment between citizens and non-citizens, mostly members of minorities, in the enjoyment of the rights provided for in article 5 (e) of the Convention.
398. With respect to article 5 (d) (i), concern is expressed that passports for non-citizens, replacing those issued by the former USSR, are being issued at an unreasonably slow pace. As the old passports are no longer valid for travel, persons who have not obtained a new Latvian passport are effectively prevented from leaving the country or, once departed, are prevented from returning.
399. It is noted with concern that the legislation of the State party requires a person's ethnic origin to be recorded in his or her passport, which may expose members of some minorities to discrimination on grounds of their origin.
400. Concern is expressed over the difficulties hampering the operation of the National Human Rights Office, established in 1996 in accordance with international standards on national human rights institutions, since these have direct consequences for the implementation of article 6 of the Convention.
401. Information that instruction in minority languages may be reduced in the near future is noted with concern.
402. The Committee recommends that the State party take into account in its legislation the definition of racial discrimination in line with article 1 (l) of the Convention.
403. The Committee recommends the State party to actively implement all the provisions of article 4 of the Convention and to include in future reports information on cases brought to justice and their outcome.
404. The Committee urges the State party to streamline the process of naturalization for all those who apply for citizenship. It also encourages the State party to keep the criteria for eligibility under review, so as to solve this problem as soon as possible.
405. The Committee recommends that steps be taken to regularize as soon as possible the status of persons who do not qualify for citizenship and are not registered as residents, in order to avoid discrimination against them.
406. It is also recommended to the State party to review the differences of treatment between citizens and non-citizens, mostly persons belonging to ethnic groups, in the light of the provisions of article 5 (e), so as to eliminate any unjustifiable differences.
407. The Committee recommends the State party to reconsider the requirement to record ethnic origin in passports.
408. The Committee attaches great importance to the speedy resolution of problems facing the National Human Rights Office and calls on the State party to address this as a matter of urgency. The Committee requests information in the next periodic report of the activities of the Office, particularly the number of cases it has dealt with, the solutions that it has achieved for petitioners and its role in the review of national legislation and the consideration of proposed new laws relevant to human rights.
409. The Committee urges the State party to maintain the possibility to receive an education in languages of various ethnic groups or to study those languages at different levels of education, without prejudice for learning the official language, as well as of using mother tongue in private and in public.
410. In view of the need for persons involved in the administration of justice to adapt to a quickly evolving legal system, the Committee recommends that the State party undertake as a matter of priority the training of judges and other members of the legal profession in international human rights standards.
411. The Committee recommends that a wide dissemination be given in the Latvian and Russian languages to the report submitted to this Committee and to the present concluding observations.
412. 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.
413. 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 such a declaration be considered.
414. The Committee recommends that the State party's next periodic report, which was due on 14 May 1999, be an updating report, taking into account the points raised in the present concluding observations.
415. The Committee considered the twelfth to fifteenth periodic reports of Uruguay (CERD/C/338/Add.7) at its 1350th and 1351st meetings (see CERD/C/SR.1350 and 1351), on 12 and 13 August 1999. At its 1361st meeting (see CERD/C/SR.1361), on 20 August 1999, it adopted the following concluding observations.
416. The Committee welcomes the twelfth, thirteenth, fourteenth and fifteenth periodic reports submitted by the State party in one document as well as for the additional information provided orally by the delegation. The Committee expresses its satisfaction for the resumption of dialogue with the State party, interrupted since 1991. The Committee is also pleased that the report follows the guidelines, in particular that it addresses the Committee's concluding observations relating to the previous report of the State party.
417. While the Committee notes with appreciation the State party's long-term achievements in the field of human development, it is of the opinion that the de facto social and economic marginalization of the Afro-Uruguayan and indigenous communities has generated discrimination against them. These factors are significant obstacles to the full implementation of the Convention.
418. The Committee welcomes the constitutional status granted to the protection of human rights and the recognition of the principle of equality of persons in the State party's Constitution designed to preclude any form of discrimination, including racial discrimination.
419. The Committee welcomes the State party's inclusion of information on the demographic composition of the State party, in line with the Committee's previous recommendation. This information has proven to be a very useful tool for evaluating the implementation of the Convention in the State party.
420. The Committee welcomes the establishment of a special Commission, consisting of representatives of the State party's Central Bank and the Bank of the Eastern Republic of Uruguay, to investigate the existence of Nazi funds within the State party's financial system as well as the cooperation of this Commission with the National Jewish Committee.
421. The Committee welcomes the participation of national non-governmental organizations in the preparation of the report.
422. The Committee notes with appreciation the inclusion of information on educational programmes to enhance Uruguayan society's understanding of the Afro-Uruguayan culture.
423. The Committee remains concerned about the insufficient information on the situation of ethnic groups living in the State party's territory. Concern is also expressed about the lack of information on special measures, such as affirmative action programmes, taken for the protection of the rights of disadvantaged ethnic groups such as Afro-Uruguayans and indigenous groups.
424. The Committee remains concerned about the lack of information on the effective enjoyment of the rights provided for in, especially, article 5 (c) and (e), and in particular by members of the Afro-Uruguayan and indigenous communities. In addition, concern is particularly expressed about the situation of women belonging to the Afro-Uruguayan community, who are victims of double discrimination on grounds of both their gender and race.
425. While taking note of the information on the existing legal mechanisms (habeas corpus and amparo), nevertheless, in view of the situation that only few cases of racial discrimination have reached the courts or administrative bodies, concern is expressed about the effective access to protection and remedies against acts of racial discrimination against, in particular, the Afro-Uruguayan and indigenous communities.
426. The absence of sufficient information on the teaching of human rights, in particular on the combating of racial discrimination, in the school curricula, as well as the lack of information on awareness-raising programmes to combat racial discrimination is a matter of concern.
427. The Committee recommends that the State party include in its next report information on the political, economic and social situations of ethnic groups living in the State party's territory. The Committee requests the State party to establish specific protection measures, such as affirmative action programmes, for members of the Afro-Uruguayan and indigenous communities, to guarantee their enjoyment of all the rights enumerated in the Convention.
428. The Committee recommends that the State party take all appropriate legislative measures to ensure that article 4 of the Convention is fully reflected in domestic law. In particular, the Committee emphasizes the importance of adequately prohibiting and penalizing acts of racial discrimination, whether they are committed by individuals, organizations, public authorities or public institutions. In this connection, in order to better evaluate the implementation of article 4 (b) of the Convention, the Committee requests the State party to include in its next periodic report the text of the relevant articles of the Penal Code which prohibit and penalize "illicit associations".
429. The Committee also recommends that the State party take immediate and appropriate measures to ensure the enjoyment of all the rights enumerated in article 5 of the Convention in particular by members of the Afro-Uruguayan and indigenous communities and provide further information on this subject. With respect to employment, education and housing, the Committee recommends that the State party take steps to reduce present inequalities and adequately compensate affected groups and persons for earlier evictions from their houses.
430. The Committee recommends that the State party establish special programmes aimed at facilitating the social enhancement of women belonging to the Afro-Uruguayan community, who suffer double discrimination on grounds of both their gender and race.
431. The Committee recommends that the State party make additional efforts to facilitate equal access to the courts and administrative bodies for persons belonging to the Afro-Uruguayan and indigenous communities, in order to ensure equality of all persons.
432. The Committee recommends that the next periodic report of the State party include information on measures taken in the field of teaching, education, culture and information in order to combat racial discrimination, in compliance with article 7 of the Convention. In this connection, the Committee further recommends that the State party consider providing education and training on racial tolerance and human rights issues to law enforcement officials, in accordance with article 7 of the Convention and its general recommendation XIII.
433. The Committee recommends that the State party consider the ratification to 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.
434. The Committee suggests to the State party that this periodic report and these concluding observations be widely distributed.
435. The Committee recommends that the State party's next periodic report, due on 4 January 2000, be an updating report and that it address the points raised during the consideration of the report.
436. At its 1352nd meeting, on 13 August 1999 (see CERD/C/SR.1352), the Committee reviewed the implementation of the Convention by Mozambique on the basis of its previous review of the implementation of the Convention (see A/48/18, paras. 176-177, and CERD/C/SR.980 and 983). The Committee noted with regret that no report had been submitted to the Committee since 1984.
437. The Committee regretted that Mozambique had not responded to its invitation to participate in the meeting and to furnish relevant information. The Committee decided that a communication should be sent to the Government of Mozambique setting out its reporting obligations under the Convention and urging that the dialogue with the Committee should resume as soon as possible.
438. The Committee suggested that the Government of Mozambique 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.
439. The Committee considered the initial report of Kyrgyzstan (CERD/C/326/Add.1) at its 1354th meeting (see CERD/C/SR.1354), on 16 August 1999. At its 1364th meeting (see CERD/C/SR.1364), on 23 August 1999, it adopted the following concluding observations.
440. The Committee welcomes the submission of the State party's initial report, prepared in accordance with the Committee's guidelines and commends the quality of the frank, detailed and informative report. However, although appreciating the presence of a representative of the State party during the examination of the report, the Committee regrets the absence of a delegation with which an in-depth dialogue could have been initiated. An oral and immediate response to the wide range of questions raised by the members of the Committee during the consideration of the report could have eliminated some of its concerns.
441. Having gained independence and obtained United Nations membership in 1992, the State party has begun the process of legislative reform in the midst of large-scale economic and political transformation. In doing so, the State party must deal with a legacy of difficult relations among various ethnic groups such as the violent clashes between ethnic Kyrgyz and Uzbek inhabitants in Osh Oblasty which occurred in 1990, resulting in human casualties and property damage.
442. The Committee notes the efforts of the State party to include various state institutions, ethnic communities and non-governmental organizations in the preparation of the report.
443. The Committee notes that the Constitution of the State party prohibits any kind of discrimination on grounds of origin, sex, race, nationality, language, faith, political or religious convictions or any other personal or social trait or circumstance, and that the prohibition against racial discrimination is also included in other legislation, such as the Civil, Penal and Labour Codes.
444. The Committee notes with appreciation the statement of the State party that Kyrgyzstan is a multicultural society, and the efforts of the State party to promote involvement of the civil society in activities aiming at the elimination of racial discrimination and intolerance. These include the convening of multi-ethnic kurultai (councils), the Assembly of the People of Kyrgyzstan, and the cooperation with the OSCE High Commissioner on National Minorities which has resulted in the holding of several international seminars on inter-ethnic relations. These have brought together international experts, national non-governmental organizations and government representatives.
445. In regard to article 5 of the Convention, concern is expressed about racial discrimination against inhabitants who are not ethnic Kyrgyz in the fields of employment and housing, in particular against the Russian-speaking minority.
446. The Committee recommends that the State party take steps to ensure that national legislation is in full conformity with article 4 (b) of the Convention.
447. The Committee wishes to receive further information regarding the practical enjoyment by persons belonging to ethnic and national minorities of the rights listed in article 5 (e) of the Convention, in particular the right to work, including the right to equal opportunities of promotion and career development, the rights to health, education and to housing.
448. The Committee requests the State party to provide further information on the measures taken to resolve the underlying problems which resulted in clashes and unrest between ethnic Kyrgyz and Uzbek inhabitants in Osh Oblasty so as to prevent the recurrence of such incidents. The Committee also wishes to receive further information related to the criminal proceedings brought against individuals involved in the incidents, and to what extent convictions were directly linked to acts of racial discrimination.
449. In its forthcoming report, the State party should also include information on the following: the mandate and activities of the Human Rights Commission established in 1997; the 1994 State Property (De-Statization and Privatization) Act, and the criteria for naturalization.
450. The Committee suggests that the State party take steps to ensure the wide dissemination of the Convention, the periodic reports of the State party and the conclusions of the Committee.
451. 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.
452. 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 such a declaration be considered.
453. The Committee recommends that the State party's next periodic report, which is due on 4 October 2000, be an updating report, taking into account the points raised in the present concluding observations.
454. The Committee considered the eighth and ninth periodic reports of Colombia (CERD/C/332/Add.1) at its 1356th and 1357th meetings (see CERD/C/SR.1356 and 1357), on 17 and 18 August 1999, and adopted, at its 1362nd meeting (see CERD/C/SR.1362), on 20 August 1999, the following concluding observations.
455. The Committee welcomes the extensive report submitted by the Government of Colombia, including information concerning Colombia's large indigenous and Afro-Colombian communities. The Committee also welcomes the information provided by the State party delegation during the oral consideration of the report, including information with respect to Colombia's Roma, Jewish and Lebanese communities.
456. The Committee welcomes in particular the candor with which the State party report recognizes that Afro-Colombian and indigenous communities continue to be the victims of systemic racial discrimination, which has resulted in their marginalization, poverty and vulnerability to violence.
457. The Committee notes with satisfaction that the 1991 Colombian Constitution includes non-discrimination provisions addressing the rights of minority communities, including formal recognition of the rights of indigenous and Afro-Colombian communities to claim title to certain ancestral lands. The Constitution also recognizes and seeks to protect the cultural and ethnic diversity of the nation.
458. The Committee welcomes the initiatives taken by the Government of Colombia, including multi-year development programmes for the support of indigenous and Afro-Colombian communities and the establishment of a new inter-agency human rights commission under the authority of the Vice-President of Colombia to coordinate the State party's policy and plan of action on human rights and international humanitarian law.
459. The Committee notes the important decision on affirmative action by the Constitutional Court in the Cimmarón case.
460. The Committee welcomes the announcement by the State party representatives that a number of measures have been undertaken to promote respect for human rights within the military structure and to restrict the competence of military tribunals to hear human rights cases involving the armed forces.
461. While noting that the constitutional framework for prohibiting racial discrimination is firmly in place, the Committee nevertheless expresses concern that the accompanying legislative framework to give effect to these provisions has not been fully enacted.
462. The Committee expresses concern once again that the State party has not adopted legislation in conformity with article 4 of the Convention, which requires the enactment of specific penal legislation.
463. Concern is expressed at reports indicating that violence in Colombia has been largely concentrated in areas where indigenous and Afro-Colombian communities live; that increasingly these communities have been targeted by armed groups; and that the Government's tactics in fighting the drug trade have led to a further militarization of these regions, creating an atmosphere that is conducive to human rights violations and the destruction of cultural autonomy and identity.
464. Taking note also of indications that a climate of impunity has infected all levels of the judicial sector and that few human rights cases have been successfully prosecuted within civilian courts, the Committee expresses concern that this climate of impunity may severely impact the rights of indigenous and Afro-Colombian communities, as these minority communities are subjected disproportionately to violations of international human rights and humanitarian norms.
465. Serious concern is expressed at reports that more than 500 indigenous leaders have been assassinated in the last 25 years and that leaders of the Afro-Colombian community have come under similar attack. While all parties to the conflict have contributed to this level of violence, the Committee notes that paramilitary groups operating in the country are reportedly responsible for a majority of the abuses.
466. It is noted that indigenous and Afro-Colombian communities are under-represented in State institutions, including in the legislature, the judiciary, government ministries, the military, and the civil and diplomatic services.
467. Emphasizing that the widespread violence which plagues Colombia has led to one of the world's largest populations of internally displaced persons, and that both the Afro-Colombian and indigenous communities have been particularly affected, the Committee expressed concern that measures by the Colombian Government to assist the displaced have been limited and that some internally displaced persons have been forced to return to regions where minimal conditions of safety could not be guaranteed.
468. Recognizing further that within the community of displaced persons women are disproportionately represented, concern is expressed that government programmes are not responsive to the needs of many indigenous and Afro-Colombian women who are subjected to multiple forms of discrimination based on their gender and their race or ethnicity, and their displaced status.
469. Concern is expressed that development and resource exploration programmes on land subject to the property rights of indigenous and Afro-Colombian communities have been pursued without sufficient consultation with the representatives of these communities and without sufficient concern for the environmental and socio-economic impact of these activities.
470. Additional concern is expressed over the media's coverage of minority communities, including the continued popularity of television programmes that promote racial and ethnic stereotypes. The Committee notes that such stereotypes serve to reinforce the cycle of violence and marginalization that has already severely affected the rights of Colombia's historically disadvantaged communities.
471. Grave concern is also expressed at reports of "social cleansing" in urban centres involving the murder of Afro-Colombian prostitutes and street children, some of whom appear to have been targeted on the basis of their race.
472. Concern is expressed that development programmes for the support of indigenous and Afro-Colombian communities have not been and are not expected to be fully implemented owing to financial limitations.
473. The Committee is also concerned that few land titles have been allocated under legislative programmes recognizing the property rights of indigenous and Afro-Colombian communities and that bureaucratic obstacles appear to have complicated the process.
474. It is recommended that legislation be enacted, at the earliest possible opportunity, that explicitly and comprehensively implements the obligations under articles 2 and 4 of the Convention.
475. Recognizing that many Afro-Colombians live in extreme poverty in urban slum areas, the Committee recommends that the State party take steps to address de facto racial segregation in urban centres. The Committee also requests additional information in the next periodic report on housing patterns in urban areas and on legislation that may address discrimination in the housing sector.
476. The Committee recommends that the State party implement affirmative and effective measures to ensure increased employment opportunities for minority and indigenous communities in both the public and private sectors and to advance the social, political, economic, and educational status of historically marginalized communities.
477. The Committee requests that the State party include in its next report information about the implementation and impact of the measures recently announced to promote respect for human rights within the military, in connection with the implementation of the Convention.
478. The Committee urges the State party to take comprehensive steps to protect the security and promote the well-being of Colombia's large internally displaced population, consisting mainly of persons of the indigenous and Afro-Colombian communities and, as a matter of extreme priority, to guarantee the security of indigenous and Afro-Colombian community leaders and human rights defenders across the country who have sought to protect the rights of those communities.
479. The Committee recommends that the State party ratify the amendments to article 8, paragraph 6, of the Convention, adopted on 15 January 1992 during the fourteenth meeting of States parties to the Convention.
480. It is noted that the State party has not made the declaration provided for in article 14 of the Convention, and some of the members of the Committee requested that the possibility of such a declaration be considered.
481. The Committee recommends that the State party's next periodic report be a comprehensive report in accordance with the reporting guidelines of the Committee and address the points raised in these concluding observations.
482. The Committee considered the initial and second periodic reports of Azerbaijan (CERD/C/350/Add.1) at its 1358th and 1359th meetings (see CERD/C/SR.1358 and 1359), on 18 and 19 August 1999. At its 1368th meeting (see CERD/C/SR.1368), on 25 August 1999, it adopted the following concluding observations.
483. The Committee welcomes the initial and second periodic reports submitted by the State party in one document and the additional written information provided by the delegation as well as the opportunity thus offered to open its dialogue with the State party. It expresses its satisfaction at the high quality of the report, its conformity with the guidelines and the participation of non-governmental organizations in its preparation. The Committee has been encouraged by the presence of a high-ranking delegation and expresses its appreciation for the constructive dialogue with its members.
484. After regaining independence in 1991 the State party was soon engaged in war with Armenia, another State party. As a result of the conflict, hundreds of thousands of ethnic Azerbaijanis and Armenians are now displaced persons or refugees. Because of the occupation of some 20 per cent of its territory, the State party cannot fully implement the Convention.
485. The Committee notes with satisfaction that on ratification the International Convention on the Elimination of All Forms of Racial Discrimination, like other international instruments, became an integral part of the State's domestic legislation. It is particularly encouraged by the measures to secure the independence of judges and by the establishment of a special directorate to investigate irregularities in the treatment of members of the public by police officers.
486. The State party's efforts in supporting the teaching of the languages of minorities and other measures in the fields of teaching, education, culture and information on human rights are welcomed.
487. The Committee notes with appreciation the State party's implementation of an international cooperation programme in the field of human rights in cooperation with the Office of the United Nations High Commissioner for Human Rights.
488. The Committee expresses its concern about the continuation of the conflict in and around the Nagorny-Karabakh region of the Republic of Azerbaijan. Since the conflict undermines peace and security in the region and impedes implementation of the Convention, the Committee hopes that a solution can be found in accordance with the principles identified in the framework of the OSCE and with internationally recognized human rights standards.
489. Since the 1989 census the Russian-speaking and Armenian minorities have greatly declined in numbers. More information is needed on all ethnic groups, their geographical location and economic and social circumstances.
490. While noting that the State party's Constitution guarantees the equal rights of every person irrespective of race, and that domestic legislation criminalizes acts of racial discrimination, the Committee is concerned about the lack of information on the implementation of articles 2 and 4 of the Convention and about the difficulties which organizations promoting the objectives of the Convention have apparently encountered when seeking official registration.
491. Although the Committee notes that the State party's Constitution guarantees the enjoyment, without discrimination, of most of the rights mentioned in article 5 of the Convention, it remains acutely concerned about the effective enjoyment of these rights by persons belonging to ethnic groups, in particular by persons belonging to the Armenian, Russian and Kurdish minorities when seeking employment, housing and education.
492. The Committee shares the State Party's concern about the situation of displaced persons and refugees which has resulted from the conflict and the occupation of part of the State party's territory.
493. The Committee takes note of the information on the existing legal means for lodging complaints in cases of racial discrimination. It fears that the absence of complaints by victims of racial discrimination may indicate ignorance of or a lack of confidence in the available legal remedies.
494. The Committee suggests that the State party analyse the findings of the forthcoming census to throw light on the relatively great emigration from the Russian-speaking and Armenian minorities and on the economic and social situation of the other ethnic groups.
495. With regard to articles 2 and 4 of the Convention and in order better to evaluate the concrete implementation of these articles, the Committee requests the State party to include in its next periodic report relevant articles of the Constitution, Criminal Code and the Laws on Political Parties and Public Organizations and information on how these laws are applied.
496. The Committee recommends that the State party also include in its next report appropriate extracts from the Law on Citizenship so that the Committee can consider the extent to which it is in conformity with the Convention.
497. The Committee recommends that the State party utilize all available means, including international cooperation, to ameliorate the situation of displaced persons and refugees, especially regarding their access to education, employment and housing, pending their return to their houses under conditions of safety.
498. The Committee also recommends the State party to consider establishing a national human rights institution to facilitate the implementation of the Convention, in accordance with the Committee's general recommendation XVII.
499. With regard to the implementation of article 6 of the Convention, the Committee recommends that the State party take further steps to facilitate equal access to the courts and administrative bodies for all persons belonging to ethnic minorities and provide information on the right to seek just and adequate reparation for any damage suffered as a result of racial discrimination.
500. The Committee encourages the State party to continue cooperating with the Office of the United Nations High Commissioner for Human Rights in the protection of human rights, against racial discrimination. In this connection, the Committee recommends the State party to consider promoting the education and training on racial tolerance and human rights issues of law enforcement officials, in accordance with article 7 of the Convention and general recommendation XIII of the Committee.
501. The Committee noted with concern the allegations made by the reporting State that another State party is not giving effect to the provisions of the Convention. It therefore draws the attention of the State party to the procedure established in article 11 of the Convention.
502. 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 such a declaration be considered. The Committee also 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.
503. The Committee suggests to the State party that the report and these concluding observations be widely distributed to the public. The Committee recommends that the State party's next periodic report, due on 15 September 2001, be an updating report and that it address the points raised in these concluding observations.
504. The Committee considered the fourth to eighth periodic reports of the Dominican Republic (CERD/C/331/Add.1) at its 1364th and 1365th meetings (see CERD/C/SR.1364 and 1365), on 23 and 24 August 1999, and adopted, at its 1369th meeting (see CERD/C/SR.1369), on 26 August 1999, the following concluding observations.
505. The Committee takes note of the submission by the Dominican Republic of its long overdue report. It expresses its satisfaction over the resumption of the dialogue with the State party and the willingness expressed by the delegation to comply with its reporting obligations under the Convention. It also welcomes the supplementary information provided by the State party in writing as well as during the oral presentation. The Committee regrets, however, that the report did not follow the Committee's reporting guidelines and lacked important information about the implementation of the Convention. The Committee also regrets that the State party has not yet submitted a core document.
506. The Committee takes note of the information provided by the State party on the ethnic composition of the population and on domestic legislation governing the acquisition of nationality and education programmes intended to combat racial prejudices, although this information was not complete.
507. The Committee takes note of the recent acceptance by the State party of the jurisdiction of the Inter-American Court of Human Rights, as well as the decision of the Supreme Court that regulates the procedure for the exercise of the right of protection in cases of violation of fundamental rights by public authorities.
508. Concern is expressed at statements contained in the periodic report that no racial prejudice exists in the Dominican Republic and that the State party never perceived any need to condemn racial discrimination within the meaning of article 2 of the Convention, as no country can claim the total absence of racial discrimination in its territory or be confident that it will not appear in the future.
509. Concern is also expressed about the situation of the large number of Haitians living in the country, the majority of them illegally, in view of information that they, and in particular women and children, are often unable to enjoy the most basic economic and social rights, such as housing, education and health services.
510. The Committee is also concerned at reports that racial prejudices exist not only against Haitians but also against the darker-skinned Dominicans.
511. The inadequacy of the present legislation, including the Penal Code, to enable the State party fully to discharge its obligations under article 4 of the Convention is a further matter of concern.
512. The Committee recommends the State party to take the necessary steps to meet the requirements of articles 2 and 5 of the Convention.
513. The Committee recommends that in the current process of reform of the Penal Code the provisions of article 4 of the Convention be taken into consideration.
514. The Committee recommends that the State party take urgent measures to ensure the enjoyment by persons of Haitian origin of their economic, social and cultural rights without discrimination. Efforts should be made, in particular, to improve their living conditions in the bateyes (shanty towns).
515. The Committee recommends that the State party address the requirements of article 6 of the Convention by facilitating access to the courts and other competent institutions for victims of racial discrimination and ensuring that the perpetrators of racist acts are brought to trial and the victims obtain adequate reparation or satisfaction.
516. The Committee recommends that the State party take all appropriate measures to give effect to the provisions of article 7 of the Convention, with a view to combating racial prejudices in society and promoting understanding and tolerance among individuals and groups with different characteristics in terms of race, colour, descent or national or ethnic origin.
517. Measures should be taken to ensure that law enforcement officials receive appropriate training in matters pertaining to the Convention. The Committee recalls in this respect its general recommendation XIII.
518. The Committee requests that the State party include, in its next periodic report, information about the implications of the proposed social security scheme for the prevention of racial discrimination. It also requests information about the reform of the Penal Code currently under way, in particular with respect to matters pertaining to the Convention.
519. The State party should take all appropriate steps to acquaint the population with the Convention and to publish the periodic reports as well as the Committee's concluding observations.
520. 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.
521. 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 request that the possibility of making the declaration be considered.
522. The Committee recommends that the State party's next periodic report, due on 24 June 2000, be a comprehensive one, follow the reporting guidelines and take account of the points raised in these concluding observations.
523. The Committee considered the combined second to eleventh periodic reports of Guinea (CERD/C/334/Add.1) at its 1366th and 1367th meetings (see CERD/C/SR.1366 and 1367), on 24 and 25 August 1999. At its 1370th meeting (see CERD/C/SR.1370), on 26 August 1999, it adopted the following concluding observations.
524. The Committee welcomes the submission of the report of Guinea as well as the additional information provided in the core document (HRI/CORE/1/Add.80/Rev.1) and orally by the delegation. The Committee also expresses its satisfaction for the resumption of the dialogue with the State party and is encouraged by the commitment to continue the dialogue as a means of facilitating the implementation of the Convention in Guinea.
525. While noting that Guinea is a developing country, the Committee notes that the structural adjustment programme and the influx of large numbers of refugees from Sierra Leone, Liberia and, more recently, Guinea-Bissau, has had an adverse impact on socio-economic, cultural and environmental development and has impeded the full implementation of the Convention.
526. The Committee is encouraged by the fact that Guinea has acceded to the six main international instruments of the United Nations for the protection of human rights and that its Constitution as well as its domestic legislation gives prominence to respect for human dignity and provides for the principle of equality as well as for the prohibition of racial discrimination.
527. The Committee notes with appreciation that the International Convention on the Elimination of All Forms of Racial Discrimination and other international instruments prevail over the domestic legislation and are binding on the judicial and other authorities of the State.
528. The Committee notes with appreciation that the State party, in cooperation with the Office of the United Nations High Commissioner for Human Rights, has introduced human rights training for police officers in accordance with general recommendation XIII and has undertaken training on reporting to international human rights treaty bodies.
529. While noting the impact of the influx of refugees, the Committee welcomes the willingness and acceptance of the State party to receive over 1 million refugees and asylum-seekers from neighbouring countries. In this regard, the Committee also notes with appreciation that the State party's domestic legislation provides for the protection of and asylum of refugees who have fled their countries because of racial or ethnic discrimination.
530. While noting that the State party's Constitution establishes the principle of equality and that domestic legislation establishes that all acts of racial discrimination are punishable by law, concern is expressed at the lack of information on the implementation of articles 2 and 4 of the Convention, especially on how these principles are applied by judges, lawyers and civil servants.
531. While the Committee notes that articles 109 and 111 of the Penal Code reflect article 4 (a) of the Convention and that the Constitution reflects article 4 (c), the lack of information regarding the remaining sections of article 4 is noted with concern.
532. While the Committee recognizes the importance of national unity and the need to avoid regionalism within the State party, concern is expressed that any measures taken to this end should not lead to racial discrimination.
533. Concern is expressed about the lack of information regarding the practical implementation of article 5 of the Convention. In this connection, the Committee is concerned about the destruction by the State of more than 10,000 homes in the Conakry Ratoma neighbourhood, belonging mainly to members of the Puhlar ethnic group; the resulting riots which led to the death of eight persons; and the inter-ethnic tension which remains in that area. The Committee is also concerned about the lack of compensation for those persons whose property was expropriated.
534. The Committee is particularly concerned that the recent developments in both the public and private sectors may have had a more adverse effect on some ethnic groups.
535. The Committee takes note of the information on the existing legal mechanisms to lodge complaints in cases of racial discrimination. In this connection and in view of the absence of complaints of racial discrimination in the State party, attention is drawn to the fact that the absence of complaints and legal action by victims of racism is not necessarily a positive sign and that it could be an indicator of lack of awareness of the existence of available legal remedies in cases of racial discrimination, and that members of the public may not be sufficiently aware of the protection against racial discrimination provided by the Convention.
536. With regard to articles 2 and 4 of the Convention and in order better to evaluate the concrete implementation of these articles, the Committee requests the State party to include in its next periodic report additional information on how these provisions are applied by judges, lawyers and civil servants.
537. With reference to the law concerning acts of regionalism, the Committee encourages the State party to ensure that any measures taken in this connection do not lead to racial discrimination.
538. The Committee recommends that the State party include in its next report the text of the Law on Citizenship for the Committee to evaluate the limitations on foreigners and stateless persons on the enjoyment of the rights enshrined in article 5 of the Convention. In addition, the State party is invited to provide further information on the effective enjoyment of the political, economic and social rights enumerated in article 5 of the Convention, in particular by persons belonging to ethnic groups.
539. The Committee invites the State party to include in its next report further information on the situation in Conakry Ratoma and the measures taken to address inter-ethnic tension in that area and to accommodate and/or compensate those persons whose properties were expropriated.
540. The Committee recommends that the State party consider the establishment of a national institution to facilitate the implementation of the Convention, in accordance with the Committee's general recommendation XVII.
541. With regard to the implementation of article 6 of the Convention, the Committee requests the State party to include information in its next report on measures taken or envisaged for improving public awareness of the principles and provisions of the Convention.
542. The Committee encourages the State party to continue working in cooperation with the Office of the United Nations High Commissioner for Human Rights in the protection and promotion of human rights, including the elimination of racial discrimination. In this connection, the Committee recommends that the State party consider providing education and training on racial tolerance and human rights issues to the population at large and, in particular, to teachers and school administrators, in accordance with article 7 of the Convention and general recommendation XIII of the Committee.
543. 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 such a declaration be considered. The Committee also 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.
544. The Committee suggests to the State party that the report and these concluding observations be widely distributed. The Committee recommends that the State party's next periodic report, due on 13 April 2000, be an updating report and that it address the points raised in the present concluding observations.
Consideration of communications under article 14 of the Convention
545. Under article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination, individuals or groups of individuals who claim that any of their rights enumerated in the Convention have been violated by a State party and who have exhausted all available domestic remedies may submit written communications to the Committee on the Elimination of Racial Discrimination for consideration. A list of States parties which have recognized the competence of the Committee to consider such communications can be found in annex I.B.
546. Consideration of communications under article 14 of the Convention takes place in closed meetings (rule 88 of the Committee's rules of procedure). All documents pertaining to the work of the Committee under article 14 (submissions from the parties and other working documents of the Committee) are confidential.
547. The Committee began its work under article 14 of the Convention at its thirtieth session, in 1984. At its thirty-sixth session (August 1988), the Committee adopted its opinion on communication No. 1/1984 (Yilmaz Dogan v. the Netherlands). At its thirty-ninth session, on 18 March 1991, the Committee adopted its opinion on communication No. 2/1989 (Demba Talibe v. France). At its forty-second session, on 16 March 1993, the Committee, acting under rule 94, paragraph 7, of its rules of procedure, declared admissible and adopted its opinion on communication No. 4/1991 (L. K. v. the Netherlands). At its forty-fourth session, on 15 March 1994, the Committee adopted its opinion on communication No. 3/1991 (Michel L. N. Narrainen v. Norway). During its forty-sixth session (March 1995), the Committee declared inadmissible communication No. 5/1994 (C. P. v. Denmark). At its fifty-first session (August 1997), the Committee declared inadmissible communication No. 7/1995 (Barbaro v. Australia). At its fifty-third session (August 1998) the Committee declared inadmissible communication No. 9/1997 (D. S. v. Sweden).
548. At its fifty-fourth session (March 1999) the Committee adopted its opinion on communication No. 8/1996 (B. M. S. v. Australia), which is reproduced in full in annex III.A. The communication concerned an Australian doctor of Indian origin who claimed to be a victim of violations of the Convention by Australia in that he was required to pass an examination designed for overseas trained doctors in order to be able to practise medicine in Australia. The main issue before the Committee was whether the examination and the quota system for overseas trained doctors respected the author's right, under article 5 (e) (i) of the Convention, to work and to free choice of employment. The Committee noted in this respect that all overseas trained doctors were subjected to the same quota system and were required to sit the same written and clinical examinations, irrespective of their race or national origin. Furthermore, on the basis of the information provided by the author the Committee could not conclude that the system worked to the detriment of persons of a particular race or national origin. The Committee was therefore of the opinion that the facts submitted to it did not disclose a violation of the Convention.
549. Also at its fifty-fourth session, the Committee adopted its opinion on communication No. 10/1997 (Ziad Ben Ahmed Habassi v. Denmark), which is reproduced in full in annex III.A. The communication concerned a Tunisian citizen residing in Denmark who claimed that the Danish authorities had not properly investigated his complaint of discrimination after he was refused a loan by a bank on the sole ground of his non-Danish nationality. The Committee was of the view that nationality was not the most appropriate requisite when investigating a person's will or capacity to reimburse a loan. The applicant's permanent residence or the place where his employment, property or family ties were to be found might be more relevant in that context. Accordingly, the Committee found that, on the basis of article 2, paragraph (d), of the Convention, it was appropriate to initiate a proper investigation into the real reasons behind the bank's loan policy vis-à-vis foreign residents, in order to ascertain whether or not criteria involving racial discrimination, within the meaning of article 1 of the Convention, were being applied. The Committee also found that the steps taken by the police and the State Prosecutor were insufficient to determine whether or not an act of racial discrimination had taken place. The Committee was therefore of the view that the author had been denied effective remedy within the meaning of article 6 of the Convention in connection with article 2 (d).
550. At its fifty-fifth session (August 1999), the Committee adopted its opinion on communication No. 6/1995 (Z.U.B.S. v. Australia), which is reproduced in full in annex III.B. The communication concerned an Australian citizen of Pakistani origin who claimed to have been subjected to discrimination on racial grounds in the terms of his appointment, in his employment conditions and in the termination of his employment with the New South Wales Fire Brigade. He also claimed that his complaint with the national authorities had not been properly investigated. The Committee found that, as a general rule, it was for the domestic courts of States parties to the Convention to review and evaluate the facts and evidence in a particular case. After reviewing the information provided the Committee considered that the Equal Opportunities Tribunal had examined the case in a thorough and equitable manner and concluded that the facts, as submitted, did not disclose a violation of the Convention by the State party.
551. Responding to suggestions and recommendations formulated by the Committee in its opinion on communication No. 10/1997 (Ziad Ben Ahmed Habassi v. Denmark), the State party, in a note verbale dated 27 May 1999, informed the Committee that the Ministry of Justice had taken due note that the Committee assessed the factual circumstances differently than the Public Prosecutor and found that the police investigation had been insufficient and that the possibility of bringing a civil declaratory action was not considered an effective remedy compared to criminal proceedings at the courts. Furthermore, the police and prosecution authorities involved in the case had been informed of the Committee's opinion and arrangements had been made for it to be transmitted to relevant financial institutions. The State party also informed the Committee that it would provide compensation for reasonable and specified expenses for judicial assistance to the author of the communication.
552. The Committee acknowledged this information as a follow-up to the opinion adopted by the Committee under article 14. The Committee was aware that the follow-up measures raised the issue of just and adequate reparation or satisfaction referred to in article 6 of the Convention. The Committee expected to examine this issue both in general and in connection with the fourteenth periodic report of the State party that was awaiting consideration by the Committee.
Consideration of copies of petitions, copies of reports and other information relating to Trust and Non-Self-Governing Territories to which General Assembly resolution 1514 (XV) applies, in conformity with article 15 of the Convention
553. Under article 15 of the Convention, the Committee on the Elimination of Racial Discrimination is empowered to consider copies of petitions, copies of reports and other information relating to Trust and Non-Self-Governing Territories and to all other Territories to which General Assembly resolution 1514 (XV) applies, transmitted to it by the competent bodies of the United Nations, and to submit to them and to the General Assembly its expressions of opinion and recommendations relating to the principles and objectives of the Convention in those Territories.
554. At the request of the Committee, Mr. van Boven examined the documents made available to the Committee in order for it to perform its functions pursuant to article 15 of the Convention. At its 1345th meeting (fifty-fifth session), Mr. van Boven presented his report and took into account the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples covering its work during 1998 (A/53/23, part I) and copies of the working papers on the 17 Territories prepared by the Secretariat for the Special Committee and the Trusteeship Council in 1997 and listed in document CERD/C/368, as well as in annex IV of the present report.
555. The Committee noted, as it had done in the past, that it was difficult to fulfil its functions under article 15 of the Convention as a result of the absence of any copies of petitions pursuant to paragraph 2 (a) and due to the fact that the copies of the reports received pursuant to paragraph 2 (b) contain only scant information directly related to the principles and objectives of the Convention.
556. The Committee was aware that certain States parties had submitted over the years information on the implementation of the Convention in Territories they are administering or which are otherwise under their jurisdiction and to which article 15 also applies. This practice based on the reporting obligations of States parties pursuant to article 9 of the Convention must be encouraged and be of a consistent nature. The Committee is mindful, however, that the procedures under article 9 of the Convention should be clearly distinguished from those under article 15.
557. The Committee noted that in the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples reference is made to the relations between the Special Committee and the Committee and to the Special Committee's continuous monitoring of related developments in Territories, having regard to the relevant provisions of article 15 of the Convention.5 The Committee further noted, however, that issues concerning racial discrimination, and directly related to the principles and objectives of the Convention, are not reflected in the sections of the report of the Special Committee which deal with review of work and further work of the Special Committee.
558. The Committee wishes to submit the following opinions and recommendations:
(a) The Committee has again not received copies of any petitions pursuant to article 15, paragraph 2 (a) of the Convention. In case pertinent petitions would become available, the Committee requests the Secretary-General that it be provided with copies of these petitions and any other information relevant to the objectives of the Convention and available to him regarding the Territories mentioned in article 15, paragraph 2 (a);
(b) In the materials to be prepared by the Secretariat for the Special Committee and to be made available by the Secretary-General to the Committee on the Elimination of Racial Discrimination pursuant to paragraph 2 (b) of article 15 of the Convention more systematic attention should be given, also in the light of the terms of General Assembly resolution 1514 (XV), to human rights aspects and in particular to matters directly related to the principles and objectives of the International Convention on the Elimination of All Forms of Racial Discrimination. The Special Committee is invited to take this concern into account when devising its work;
(c) States parties which are administering Non-Self-Governing Territories or otherwise exercising jurisdiction over Territories are requested to include or to continue to include in their reports to be submitted pursuant to article 9, paragraph 1, relevant information on the implementation of the Convention in all Territories under their jurisdiction.
Action taken by the General Assembly at its fifty-third session
559. At its fifty-fifth session, the Committee considered the following subjects under this item: (a) the annual report of the Committee submitted to the General Assembly at its fifty-second session; and (b) the effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights. For its consideration of this item at its fifty-fifth session, the Committee had before it the following documents:
(a) General Assembly resolution 53/131 on the report of the Committee on the Elimination of Racial Discrimination;
(b) Summary records of the Third Committee of the General Assembly (A/C.3/53/SR.23-26, 36, 46 and 49);
(c) Report of the Third Committee (A/53/623);
(d) Report of the Fifth Committee (A/53/727);
(e) General Assembly resolution 53/138, on effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights;
(f) Note by the Secretary-General transmitting to the General Assembly the report of the 9th meeting of persons chairing human rights treaty bodies (A/53/125);
(g) Note by the Secretary-General transmitting to the General Assembly the report of the 10th meeting of persons chairing human rights treaty bodies (A/53/432);
(h) Report of the Secretary-General on the effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights (A/53/469);
(i) Summary records of the Third Committee of the General Assembly (A/C.3/53/SR.28, 29, 36, 46 and 49);
(j) Report of the Third Committee (A/53/625/Add.1).
560. At its fifty-fifth session, the Committee noted that the General Assembly had commended its work regarding the examination of reports and action on communications under article 14 of the Convention. It was further noted that the General Assembly had also commended its working methods, including its procedure for reviewing the implementation of the Convention in States whose reports are seriously overdue. The Committee welcomed that its contribution to the prevention of racial discrimination, including early warning measures and urgent procedures, had also been commended in resolution 53/131.
561. The Committee welcomed the General Assembly's request to States parties to accelerate their domestic ratification procedures with regard to the amendments to article 8, paragraph 6, of the Convention, concerning the financing of the Committee.
562. At its fifty-fifth session, the Committee took note of the recommendations in the reports of the 9th and 10th meetings of persons chairing human rights treaty bodies, together with General Assembly resolution 53/138, on effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights. It indicated that it would follow with interest Secretariat action with respect to these recommendations.
Submission of reports by States parties under article 9 of the Convention
A. Reports received by the Committee
563. At its thirty-eighth session in 1988, the Committee decided to accept the proposal of the States parties that States parties submit a comprehensive report every four years and a brief updating report in the two-year interim. The table lists reports received from 22 August 1998 to 27 August 1999.
Reports received during the period under review (22 August 1998 to 27 August 1999)
564. The table below lists reports which were due before the end of the fifty-fifth session but which have not yet been received.
565. At its fifty-fourth and fifty-fifth sessions, the Committee reviewed the question of delays and non-submission of reports by States parties in accordance with their obligations under article 9 of the Convention.
566. At its forty-second session, the Committee, having emphasized that the delays in reporting by States parties hampered it in monitoring implementation of the Convention, decided that it would continue to proceed with the review of the implementation of the provisions of the Convention by the States parties whose reports were excessively overdue, by five years or more. In accordance with a decision taken at its thirty-ninth session, the Committee agreed that this review would be based upon the last reports submitted by the State party concerned and their consideration by the Committee. At its forty-ninth session, the Committee further decided that States parties whose initial reports were excessively overdue, by five years or more, would also be scheduled for a review of implementation of the provisions of the Convention. The Committee agreed that in the absence of an initial report, the Committee would consider as an initial report all information submitted by the State party to other organs of the United Nations or, in the absence of such material, reports and information prepared by organs of the United Nations.
567. At its fifty-third session, the Committee decided to schedule at its fifty-fourth session a review of the implementation of the provisions of the Convention in one State party, Bangladesh, whose periodic reports were seriously overdue. The review was postponed at the request of the State party, which indicated its intention to submit the requested reports in the near future.
568. At its fifty-third session, the Committee also decided to undertake at its fifty-fourth session a review of the implementation of the provisions of the Convention in the following States parties whose initial reports were seriously overdue: Bahrain, Congo, Slovenia. A report was subsequently submitted by Bahrain. In the case of Slovenia, the review was postponed at the request of the State party, which indicated its intention to submit the requested reports shortly. In the case of the Congo, the Committee proceeded with its review of the implementation of the provisions of the Convention.
569. At its fifty-fourth session, the Committee decided to schedule at its fifty-fifth session a review of the implementation of the provisions of the Convention in the following States parties whose periodic reports were seriously overdue: Central African Republic, Jamaica, Maldives, Mozambique, Senegal. In the case of Jamaica and Senegal, the review was postponed at the request of the respective States parties. In the case of the Central African Republic, Maldives and Mozambique, the Committee proceeded with its review of the implementation of the provisions of the Convention in the respective States parties.
570. At its fifty-fourth session, the Committee also decided to schedule at its fifty-fifth session a review of the implementation of the provisions of the Convention in one State party, Antigua and Barbuda, whose initial report was seriously overdue. At its fifty-fifth session, the Committee proceeded with a review of the implementation of the provisions of the Convention in Antigua and Barbuda.
Third Decade to Combat Racism and Racial Discrimination; World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
571. The Committee considered the question of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the Third Decade to Combat Racism and Racial Discrimination at its fifty-fourth and fifty-fifth sessions (see CERD/C/SR.1330, 1335, 1350 and 1368-1369).
572. For the consideration of this item, the Committee had before it the following documents:
(a) General Assembly resolution 53/132 on the Third Decade to Combat Racism and the convening of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance;
(b) Commission on Human Rights resolution 1999/78 on racism, racial discrimination, xenophobia and related intolerance;
(c) Report of the Secretary-General on the implementation of the Programme of Action for the Third Decade to Combat Racism and Racial Discrimination (A/53/305);
(d) Report of the United Nations High Commissioner for Human Rights submitted pursuant to Commission resolution 1998/26 (E/CN.4/1999/12);
(e) Report by Mr. Glélé-Ahanhanzo, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, submitted pursuant to Commission resolution 1998/26 (E/CN.4/1999/15 and Add.1);
(f) Report of the sessional open-ended working group to review and formulate proposals for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (E/CN.4/1999/16 and Corr.1 and 2).
573. In the Committee's discussion of the preparations for the upcoming World Conference against Racism, it was stressed that the Committee should continue to be actively involved. During the fifty-fourth session, a contact group, consisting of Mr. Garvalov, Ms. McDougall and Mr. Yutzis, which had been previously created to collect information on preparations for the World Conference and to make suggestions on the Committee's contribution thereto, was designated to represent the Committee at the Commission on Human Rights' sessional open-ended working group to review and formulate proposals for the preparations for the World Conference. At the 1335th meeting (fifty-fifth session), the chairperson of the contact group, Mr. Garvalov, gave a report on the activities of the sessional open-ended working group which included, inter alia, suggestions for further involvement by the Committee in the preparations for the World Conference. The Committee then discussed these suggestions as well as additional proposals made by other members for the Committee's continuing contribution to this process.
574. At its 1369th meeting (fifty-fifth session), on 26 August 1999, the Committee adopted the following decision.
Decision 5 (55) on the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
The Committee on the Elimination of Racial Discrimination
1. Recalls its decision 9 (53) of 21 August 1998;
2. Proposes to the Preparatory Committee that it include in the agenda of the World Conference consideration of the problem of how the international community may prevent or mitigate mass and flagrant violations of the human rights of persons belonging to ethnic and racial groups and minorities, bearing in mind that in recent years the failure of the international community to urgently and adequately respond to numerous conflicts around the world has resulted in genocide, ethnic cleansing, the mass movement of refugees and displaced persons, and the disruption of regional peace and security by armed groups able to commit atrocities with impunity;
3. Decides that, to meet the needs of the Preparatory Committee and the World Conference, it will, with the assistance of the Office of the High Commissioner, prepare materials that, so far as possible, include:
(a) A reference document containing the Committee's decisions of substance, including those taken under the early warning and urgent procedures, as well as its latest concluding observations on each State party;
(b) Information about States parties which have amended their constitutions, legislation, judicial and administrative practices, or which have introduced special legislation with a view to implementing the Convention;
(c) A list of States parties which have made a declaration under article 14 of the Convention, recognizing the competence of the Committee to receive and consider communications from individuals and groups of individuals;
(d) A list of States parties which, upon ratification or accession to the International Convention on the Elimination of Racial Discrimination, have made reservations, and the text of such reservations;
4. Decides that, with the assistance of the Office of the High Commissioner, it will make an assessment of the best practices of States parties in combating racial discrimination, based on States parties' reports, the Committee's own practice and information received by the High Commissioner in response to the questionnaire transmitted to States Members of the United Nations pursuant to resolution 1999/78 adopted by the Commission on Human Rights on 28 April 1999. Such an assessment should be made available to the Preparatory Committee for its meeting in May 2000, and also to the World Conference itself;
5. Welcomes the studies prepared by individual members of the Committee for the Preparatory Committee and the World Conference itself, as listed in the annex to this resolution;9
6. Suggests that an eventual plan of action for the World Conference may deal with such issues as:
(a) Processes of racial reconciliation;
(b) Racial discrimination against indigenous populations;
(c) All human beings are born free and equal in dignity and rights;
(d) Racism, racial discrimination, xenophobia and related intolerance, challenge to peace, human rights, including the right to life, human dignity, stability and the rule of law;
(e) Incitement to racial hatred as a punishable offence;
(f) Effective measures to protect all persons against racial discrimination in both public and private sectors, and remedies and reparations for victims;
(g) Educational measures for all segments of the population in the spirit of the elimination of all forms of racial discrimination and intolerance;
(h) National commissions on human rights in the light of the Committee's General Recommendation XVII;
7. Welcomes the continued and constructive cooperation with the Subcommission on Prevention of Discrimination and Protection of Minorities, recalling the holding of two joint meetings in 1993 and 1995, joint meetings of the bureaux of the two organs, the preparation of a joint working paper on article 7 of the Convention (E/CN.4/Sub.2/1998/4), and the Subcommission's readiness to follow up on the suggestion by the Committee which resulted in preparing studies on the rights of non-citizens (E/CN.4/Sub.2/1997/7), on globalization in the context of the increase of racism, racial discrimination and xenophobia (E/CN.4/Sub.2/1999/8), and on the concept and practice of affirmative action;
8. Decides to establish and maintain contact, as appropriate, through the Office of the United Nations High Commissioner for Human Rights, with the regional mechanisms which shall be convened to make their contributions to the preparation of the World Conference.
Overview of the methods of work of the Committee
575. An overview of the methods of work of the Committee appeared in its report to the General Assembly at its fifty-first session.10 This summary highlights changes introduced in recent years and was designed to make the Committee's procedures more transparent and accessible to both States parties and the public. Since no material changes have occurred in the Committee's methods of work in the intervening time, the reader is invited to consult this part of its previous report to the General Assembly.
Notes
1 Official Records of the International Convention on the Elimination of All Forms of Racial Discrimination, Seventeenth Meeting of States Parties, Decisions (CERD/SP/59/Add.1, CERD/SP/59/Corr.1 and CERD/SP/60).
2 Official Records of the General Assembly, Twenty-seventh Session, Supplement No. 18 (A/87/18), chap. IX, sect. B.
3 Ibid., Forty-eighth Session, Supplement No. 18 (A/48/18), annex III.
4 Ibid., Fifty-second Session, Supplement No. 18 (A/52/18), annex V, para. 4 (d).
5 Official Records of the General Assembly, Fifty-third Session, Supplement No. 23 (A/53/23 (Part I)), paras. 67 and 75-76.
6 For a report submitted in compliance with a special decision of the Committee taken at its forty-second session (1993), see CERD/C/247.
7 For a report submitted in compliance with a special decision of the Committee taken at its fifty-third session (1998), see CERD/C/248.
8 For a report submitted in compliance with a special decision of the Committee taken at its fifty-third session (1998), see CERD/C/364.
9 The Committee joined as an annex to its decision 5 (55) the following documents prepared by some of its members which had been submitted to the sessional open-ended working group to review and formulate proposals for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (see E/CN.4/1999/16, para. 7):
M. Banton: The causes of, and remedies for, racial discrimination (E/CN.4/1999/WG.1/BP.6) (English only);
T. van Boven: United Nations strategies to combat racism and racial discrimination: past experiences and present perspectives (E/CN.4/1999/WG.1/BP.7) (English only);
S. Sadiq Ali: Zimbabwe and South Africa: the lessons we can learn (E/CN.4/1999/WG.1/BP.8) (English only);
A. Shahi, L. Valencia Rodriguez and I. Garvalov: Preventing genocide (E/CN.4/1999/WG.1/BP.9) (English only);
I. Diaconu: The definitions of racial discrimination (E/CN.4/1999/WG.1/BP.10) (English only);
R. de Gouttes: De l'utilité de l'application complémentaire des procédures de plaintes individuelles devant les organes universels et régionaux de protection des droits de l'homme: l'exemple des plaintes de la discrimination raciale et devant la Cour européenne des droits de l'homme (E/CN.4/1999/WG.1/BP.11) (French only).
The annex also referred to a document prepared by two members of the Committee and two members of the Subcommission on Prevention of Discrimination and Protection of Minorities: J. Bengoa, I. Garvalov, M. Mehedi and S. Sadiq Ali: Joint working paper on article 7 of the International Convention on the Elimination of All Forms of Racial Discrimination (E/CN.4/Sub.2/1998/4); and two unofficial documents: G. McDougall: Commentary and background information on proposed General Recommendation on gender dimensions of racial discrimination (CERD/C/54/Misc.31); I. Diaconu and Y. Rechetov: Reservations to the International Convention on the Elimination of All Forms of Racial Discrimination: the role of the Committee on the Elimination of Racial Discrimination (CERD/C/53/Misc.23).
10 Official Records of the General Assembly, Fifty-first Session, Supplement No. 18 (A/51/18), paras. 587-627.
