CONTENTS

Chapter Paragraphs Page

Letter of transmittal ...................................................................................................................... 8

I. ORGANIZATIONAL AND RELATED MATTERS .......................... 1 ‑ 16 10

A. States parties to the International Convention on the

Elimination of All Forms of Racial Discrimination ........................... 1 ‑ 2 10

B. Sessions and agendas ................................................................... 3 ‑ 4 10

C. Membership and attendance ......................................................... 5 ‑ 7 10

D. Officers of the Committee ............................................................... 8 11

E. Cooperation with the International Labour Organization,

the Office of the United Nations High Commissioner

for Refugees and the United Nations Educational,

Scientific and Cultural Organization ............................................... 9 ‑ 11 12

F. Other matters ............................................................................. 12 ‑ 15 12

G. Adoption of the report .................................................................. 16 13

II. PREVENTION OF RACIAL DISCRIMINATION,

INCLUDING EARLY WARNING AND URGENT

PROCEDURES ................................................................................ 17 ‑ 21 14

III. CONSIDERATION OF REPORTS, COMMENTS AND

INFORMATION SUBMITTED BY STATES PARTIES

UNDER ARTICLE 9 OF THE CONVENTION .............................. 22 ‑ 443 16

Algeria ............................................................................................... 22 ‑ 40 16

Argentina ........................................................................................... 41 ‑ 62 18

Bangladesh ........................................................................................ 63 ‑ 82 21

Georgia ............................................................................................. 83 ‑ 102 24

GE.01‑44643 (E) 151001

CONTENTS (continued)

Chapter Paragraphs Page

III. (cont'd)

Germany .......................................................................................... 103 ‑ 119 27

Greece ............................................................................................ 120 ‑ 141 29

Iceland ............................................................................................ 142 ‑ 158 32

Japan ............................................................................................... 159 ‑ 185 34

Portugal ........................................................................................... 186 ‑ 200 38

Sudan .............................................................................................. 201 ‑ 220 40

Gambia ............................................................................................ 221 ‑ 223 42

Sierra Leone .................................................................................... 224 ‑ 226 43

Togo ............................................................................................... 227 ‑ 230 43

China ............................................................................................... 231 ‑ 255 44

Cyprus ............................................................................................ 256 ‑ 277 48

Egypt ............................................................................................... 278 ‑ 297 50

Italy 298 ‑ 320 53

Sri Lanka ......................................................................................... 321 ‑ 342 56

Trinidad and Tobago ........................................................................ 343 ‑ 359 58

Ukraine ........................................................................................... 360 ‑ 379 61

United States of America ................................................................. 380 ‑ 407 64

Viet Nam ......................................................................................... 408 ‑ 428 68

Liberia ............................................................................................. 429 ‑ 443 70

CONTENTS (continued)

Chapter Paragraphs Page

IV. CONSIDERATION OF COMMUNICATIONS UNDER

ARTICLE 14 OF THE CONVENTION ......................................... 444 ‑ 455 73

V. 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 .............................. 456 ‑ 461 77

VI. ACTION TAKEN BY THE GENERAL ASSEMBLY AT

ITS FIFTY‑FIFTH SESSION ........................................................ 462 ‑ 463 79

VII. SUBMISSION OF REPORTS BY STATES PARTIES

UNDER ARTICLE 9 OF THE CONVENTION ............................ 464 ‑ 470 80

A. Reports received by the Committee ............................................... 464 80

B. Reports not yet received by the Committee ................................... 465 82

C. Action taken by the Committee to ensure submission

of reports by States parties ....................................................... 466 ‑ 470 96

VIII. THIRD DECADE TO COMBAT RACISM AND RACIAL

DISCRIMINATION; WORLD CONFERENCE AGAINST

RACISM, RACIAL DISCRIMINATION, XENOPHOBIA

AND RELATED INTOLERANCE ................................................. 471 ‑ 475 98

IX. OVERVIEW OF THE METHODS OF WORK OF

THE COMMITTEE ........................................................................ 476 ‑ 480 102

X. DECISIONS ....................................................................................... 481 103

CONTENTS (continued)

Annexes Page

I. STATUS OF THE CONVENTION ...................................................................... 106

A. States parties to the International Convention on the

Elimination of All Forms of Racial Discrimination (158),

as at 17 August 2001 ...................................................................................... 106

B. States parties that have made the declaration under article 14,

paragraph 1, of the Convention (34), as at 17 August 2001 .............................. 111

C. States parties that have accepted the amendments to the Convention

adopted at the Fourteenth Meeting of States Parties (32), as at

17 August 2001 .............................................................................................. 112

II. AGENDAS OF THE FIFTY‑EIGHTH AND FIFTY‑NINTH SESSIONS ............ 114

A. Fifty‑eighth session (6‑23 March 2001) ........................................................... 114

B. Fifty‑ninth session (30 July‑17 August 2001) .................................................... 115

III. DECISIONS OF THE COMMITTEE UNDER ARTICLE 14 OF THE

CONVENTION .................................................................................................... 116

A. Fifty‑eighth session .......................................................................................... 116

No. 15/1999 (E.I.F. v. The Netherlands) ......................................................... 116

No. 18/2000 (F.A. v. Norway) ....................................................................... 125

B. Fifty‑ninth session ............................................................................................ 130

No. 11/1998 (Lacko v. Slovak Republic) ........................................................ 130

No. 14/1998 (D.S. v. Sweden) ....................................................................... 139

No. 19/2000 (Mostafa v. Denmark) ................................................................ 144

No. 21/2001 (D.S. v. Sweden) ....................................................................... 151

IV. DOCUMENTS RECEIVED BY THE COMMITTEE AT ITS

FIFTY‑EIGHTH AND FIFTY‑NINTH SESSIONS IN CONFORMITY

WITH ARTICLE 15 OF THE CONVENTION...................................................... 153

CONTENTS (continued)

Annexes Page

V. COUNTRY RAPPORTEURS FOR REPORTS OF STATES PARTIES

CONSIDERED BY THE COMMITTEE AT ITS FIFTY‑EIGHTH

AND FIFTY‑NINTH SESSIONS ......................................................................... 154

VI. COMMENTS OF THE COMMITTEE ON A REPORT ON THE

UNITED NATIONS HUMAN RIGHTS TREATY SYSTEM (2001) .................... 156

VII. COMMENTS OF STATES PARTIES ON CONCLUDING

OBSERVATIONS ADOPTED BY THE COMMITTEE ....................................... 158

A. The initial and second periodic reports of Japan ................................................ 158

B. The sixth to ninth periodic reports of Viet Nam ................................................. 163

VIII. LIST OF DOCUMENTS ISSUED FOR THE FIFTY‑EIGHTH AND

FIFTY‑NINTH SESSIONS OF THE COMMITTEE ............................................ 165

Letter of transmittal

17 August 2001

Sir,

It is with pleasure that I transmit the annual report of the Committee on the Elimination of Racial Discrimination, which I believe is very relevant in the context of the forthcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, to be held in South Africa in September 2001.

The World Conference represents a landmark opportunity for States to galvanize political will around fundamental objectives integral to humanity: the promotion of human rights for all and, more specifically, the elimination of racial discrimination in all its forms and manifestations. The Committee has welcomed the requests from the General Assembly and the Commission on Human Rights to participate actively in this collective quest, through the numerous activities discussed in this report. The International Convention on the Elimination of All Forms of Racial Discrimination has now been ratified by 158 States, constituting the normative basis upon which international efforts to eliminate racial discrimination should be built. The Committee welcomes the ratification campaigns of the United Nations Secretary‑General and the High Commissioner for Human Rights in connection with the Millennium Summit held in September 2000 and the World Conference.

During the past year the Committee continued with a significant workload in terms of examination of States parties' reports (discussed in chapter III) in addition to specific World Conference‑related activities (chap. VIII). The activities in the latter category included the preparation of a comprehensive written contribution to the Conference, participation at the sessions of the Preparatory Committee and other lead‑up events, and preparing and promoting targeted measures for improvement of the Conference's envisaged declaration and programme of action at its various stages of drafting.

As important as the Committee's contributions have been to date, there are obviously some areas for improvement. At present only 34 States parties (see annex I) have made the optional declaration recognizing the Committee's competence to receive communications under article 14 and, as a consequence, the individual communications procedure is underutilized, as indeed is also the inter‑State complaints procedure.

Furthermore, only 32 States parties have so far ratified the amendments to article 8 of the Convention adopted at the Fourteenth Meeting of States Parties (see annex I), despite the General Assembly's repeated calls to do so. The Committee appeals to States parties which have not yet done so to consider the possibility of making the declaration under article 14 and to ratify the amendments to article 8 of the Convention.

His Excellency Mr. Kofi Annan

Secretary‑General of the United Nations

New York

I would also like to point out that my colleagues consider that the holding of one of the Committee's meetings at United Nations Headquarters, as provided in article 10, paragraph 4, of the Convention, would inter alia afford to States without representation in Geneva the possibility of having a better dialogue with the Committee.

The Committee itself remains committed to a continual process of reflection on and improvement of its working methods, with the aim of maximizing the Committee's effectiveness. Building upon pre‑existing initiatives directed at the consolidation of overdue reports, and mindful of the frequent periodicity of reporting obligations under article 9 of the Convention, at its fifty‑eighth session the Committee ushered in procedures designed to ease the reporting burden for those States parties which submit their reports in a timely fashion (see chapter IX). Moreover, the Committee kept under review and affirmed the importance of civil society involvement in the Committee's work, and at the fifty‑ninth session considered ways to strengthen its "review" procedure for States parties whose reports are more than five years overdue, where circumstances disclose serious violations of the Convention's provisions and grave dereliction of the reporting obligation (chaps. III and IX).

I take great personal pride in the dedication and professionalism demonstrated by the Committee members in the performance of their important work. The dynamic pluralism of the membership considerably enhances the quality and relevance of its analytical work in the greatly diverse circumstances it is called upon to consider. I remain confident of the Committee's abilities to contribute significantly to the implementation of both the Convention and the World Conference outcomes in the years ahead.

Please accept, Sir, the assurances of my highest consideration.

(Signed) Michael E. Sherifis

Chairman

Committee on the Elimination of Racial Discrimination

I. ORGANIZATIONAL AND RELATED MATTERS

A. States parties to the International Convention on the

Elimination of All Forms of Racial Discrimination

As at 17 August 2001, the closing date of the fifty‑ninth session of the Committee on the Elimination of Racial Discrimination, there were 158 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.

By the closing date of the fifty‑ninth session, 34 of the 158 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 32 States parties that have accepted the amendments to the Convention adopted at the Fourteenth Meeting of States Parties, as at 17 August 2001.

B. Sessions and agendas

The Committee on the Elimination of Racial Discrimination held two regular sessions in 2001. The fifty‑eighth (1438th‑1464th meetings) and fifty‑ninth (1465th‑1493rd meetings) sessions were held at the United Nations Office at Geneva from 6 to 23 March and from 30 July to 17 August 2001, respectively.

The agendas of the fifty‑eighth and fifty‑ninth sessions, as adopted by the Committee, are reproduced in annex II.

C. Membership and attendance

There were four resignations from the Committee between the fifty‑seventh and fifty‑eighth sessions: Mr. Michael Banton in September 2000, Ms. Deci Zou in October 2000, Mr. Brun‑Otto Bryde in January 2001 and Mr. Peter Nobel in March 2001. The following members were nominated as successors to the former members for the remainder of their terms by the States parties indicated in brackets, in accordance with article 8, paragraph 5 (b), of the Convention: Mr. Patrick Thornberry (United Kingdom of Great Britain and Northern Ireland), Mr. Tang Chengyuan (China) and Ms. Gabriele Britz (Germany). No replacement for Mr. Nobel was nominated by Sweden, leaving the vacancy created by Mr. Nobel's resignation to be filled in accordance with the provisions of article 8, paragraphs 1‑4, of the Convention at the meeting of States parties scheduled for January 2002. In accordance with rule 13 of its rules of procedure, the Committee approved the nominations of Mr. Thornberry and Mr. Tang at its fifty‑eighth session, and of Ms. Britz at its fifty‑ninth session.

The list of members of the Committee for 2001‑2002 is as follows:

Name of member	Country of nationality	Term expires 19 January
Mr. Mahmoud ABOUL‑NASR	Egypt	2002
Mr. Marc BOSSUYT	Belgium	2004
Ms. Gabriele BRITZ	Germany	2002
Mr. Ion DIACONU	Romania	2004
Mr. François Lonsény FALL	Guinea	2004
Mr. Régis de GOUTTES	France	2002
Ms. Patricia Nozipho JANUARY‑BARDILL	South Africa	2004
Mr. Carlos LECHUGA HEVIA	Cuba	2002
Ms. Gay McDOUGALL	United States of America	2002
Mr. Raghavan Vasudevan PILLAI	India	2004
Mr. Yuri A. RESHETOV	Russian Federation	2004
Mr. Agha SHAHI	Pakistan	2002
Mr. Michael E. SHERIFIS	Cyprus	2002
Mr. TANG Chengyuan	China	2004
Mr. Patrick THORNBERRY	United Kingdom of Great Britain and Northern Ireland	2002
Mr. Luis VALENCIA RODRIGUEZ	Ecuador	2004
Mr. Mario Jorge YUTZIS	Argentina	2004

All members of the Committee attended the fifty‑eighth and fifty‑ninth sessions.

D. Officers of the Committee

At its 1372nd meeting (fifty‑sixth session), on 6 March 2000, the Committee elected the Chairman and Vice‑Chairmen as listed below in accordance with article 10, paragraph 2, of the Convention, for the terms indicated in brackets. At its 1438th meeting (fifty‑eighth session), on 6 March 2001, the Committee elected Mr. Bossuyt as Rapporteur for the unexpired term of the former Rapporteur, Mr. Banton.

Chairman: Mr. Michael E. SHERIFIS (2000‑2002)

Vice‑Chairmen: Mr. François Lonsény FALL (2000‑2002)

Mr. Yuri A. RESHETOV (2000‑2002)

Mr. Luis VALENCIA RODRIGUEZ (2000‑2002)

Rapporteur: Mr. Marc BOSSUYT (2001‑2002)

E. Cooperation with the International Labour Organization, the Office

of the United Nations High Commissioner for Refugees and the

United Nations Educational, Scientific and Cultural Organization

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), both organizations were invited to attend the sessions of the Committee. Consistent with the Committee's recent practice, the Office of the United Nations High Commissioner for Refugees (UNHCR) was also invited to attend.

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 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.

UNHCR submits comments to the members of the Committee on all reports of States parties that are being examined when UNHCR is active in the country concerned. These comments make reference to the human rights of refugees, asylum‑seekers, returnees (former refugees), stateless persons and other categories of persons of concern to UNHCR. UNHCR representatives attend the sessions of the Committee and report back on any issues of concern raised by Committee members. At the country level, although there is no systematic follow‑up to the implementation of the Committee's concluding observations and recommendations in the 130 UNHCR field operations, these are regularly included in activities designed to mainstream human rights in their programmes.

F. Other matters

At the 1450th meeting (fifty‑eighth session), on 14 March 2001, the United Nations High Commissioner for Human Rights addressed the Committee. She informed the Committee about the preparations for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and congratulated the Committee on its participation in the various regional and expert conferences in the lead‑up to the World Conference, and in particular for its comprehensive written contribution (A/CONF.189/PC.2/13). She encouraged the Committee to continue its active engagement in events leading up to the World Conference, with a view to maximizing the important role of the Committee and the Convention. In this regard, the High Commissioner informed the Committee of the present status of ratifications of the Convention and the number of declarations made under the article 14 communications procedure, and that she had written to heads of Government urging all States not party to the Convention or that had not yet submitted a declaration under article 14 to ratify or adhere to the Convention or make the declaration as soon as possible. With reference to the Committee's activities in the field of prevention and its early warning and urgent action procedure, the High Commissioner stressed the importance of education in the pursuit of a culture of peace, and welcomed the Committee's intention to refine the criteria for its early warning procedure. The High Commissioner also informed the Committee about the plans made by her Office to increase the resources for the servicing of the human rights treaty bodies in general and the Committee in particular (see CERD/C/SR.1450).

The High Commissioner for Human Rights also addressed the Committee at its 1467th meeting (fifty‑ninth session), on 31 July 2001. She briefed the Committee on developments that had taken place since the fifty‑eighth session relating to the World Conference, and encouraged the Committee to continue its active role in seeking to influence the content of the emerging draft declaration and programme of action and to help define an appropriate role for the Committee and the Convention within the context of a broader global alliance against racism in the follow‑up to the Conference itself (see CERD/C/SR.1467).

At its fifty‑ninth session the Committee established an informal working group and appointed Mr. Thornberry as convenor, in order to consider adopting a position in response to certain criticisms levelled against the Committee in a report on United Nations human rights treaty body reform published in April 2001. At its 1489th meeting, the Committee adopted, without a vote, its comments on this issue (annex VI). The Committee decided to send the text to the High Commissioner for Human Rights, along with a request that it be forwarded to a range of parties including other human rights treaty bodies, States parties, the Commission on Human Rights and the Sub‑Commission for the Promotion and Protection of Human Rights.

At its fifty‑ninth session (1483rd and 1488th meetings), the Committee adopted decisions on the situations in Cyprus, Liberia and organizational matters, respectively (chap. X).

G. Adoption of the report

At its 1493rd meeting, on 17 August 2001, the Committee adopted its annual report to the General Assembly.

II. PREVENTION OF RACIAL DISCRIMINATION, INCLUDING

EARLY WARNING AND URGENT PROCEDURES

The Committee decided at its forty‑first session to establish this item as one of its regular and principal agenda items.

At its forty‑second session (1993), the Committee noted the conclusion adopted by the fourth meeting of persons chairing the human rights treaty bodies that:

"... the treaty bodies have an important role in seeking to prevent as well as to respond to human rights violations. It is thus appropriate for each treaty body to undertake an urgent examination of all possible measures that it might take, within its competence, both to prevent human rights violations from occurring and to monitor more closely emergency situations of all kinds arising within the jurisdiction of States Parties. Where procedural innovations are required for this purpose, they should be considered as soon as possible." (A/47/628, para. 44)

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. 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.

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 point on the basis of that experience. At its 1039th meeting, held on 17 March 1994, the Committee decided to postpone to a later session further consideration of proposals to amend its rules of procedure.

No decisions were adopted by the Committee at its fifty‑eighth and fifty‑ninth sessions within the framework of its prevention activities. At the fifty‑eighth session the situation in Côte d'Ivoire, originally listed for inclusion under the Committee's review procedure for seriously overdue reports, was removed for consideration instead under the early warning and urgent action procedure (CERD/C/SR.1438 and CERD/C/SR.1452). However, consideration of the situation was postponed at the request of the State party and its undertaking to submit its overdue reports within a four‑month period, as a basis for the resumption of a constructive dialogue with the Committee (CERD/C/SR.1459). At earlier sessions the Committee considered the situation in the following State parties under this agenda item: Algeria, Australia, Bosnia and Herzegovina, Burundi, Croatia, Cyprus, Democratic Republic of the Congo, Israel, Liberia, Mexico, Papua New Guinea, Russian Federation, Rwanda, Sudan, the former Yugoslav Republic of Macedonia and Yugoslavia. It also adopted a statement on Africa and another on the human rights of Kurdish people.

III. CONSIDERATION OF REPORTS, COMMENTS AND

INFORMATION SUBMITTED BY STATES PARTIES

UNDER ARTICLE 9 OF THE CONVENTION

Algeria

The Committee considered the thirteenth and fourteenth periodic reports of Algeria, which were due on 15 March 1997 and 1999 respectively, submitted as one document (CERD/C/362/Add.6), at its 1445th meeting (CERD/C/SR.1445), on 9 March 2001. At its 1459th meeting (CERD/C/SR.1459), on 20 March 2001, it adopted the following concluding observations.

A. Introduction

The Committee welcomes the thirteenth and fourteenth periodic reports as well as the additional information that the State party's delegation provided during its oral presentation and in writing, and expresses its appreciation for the opportunity to continue its dialogue with the State party. The Committee notes with appreciation that the report was more exhaustive than the previous periodic report, particularly with regard to constitutional and legal provisions.

B. Positive aspects

It is noted with appreciation that the State party has made the declaration under article 14 of the Convention recognizing the competence of the Committee to receive and consider communications from individuals or groups of individuals.

The Committee welcomes the fact that, pursuant to article 132 of the Constitution, international instruments that have been ratified and promulgated by the State party, including the International Convention on the Elimination of All Forms of Racial Discrimination, form part of and take precedence over norms of the State party's domestic law, and can be invoked directly before the courts.

The Committee welcomes the ongoing reforms with regard to the administration of justice and the setting up of the National Commission for the Reform of the Justice System by means of presidential decree No. 99‑234 of 19 October 1999.

The Committee notes as positive the announcement by the delegation of the forthcoming establishment of the new National Advisory Commission for the Promotion and Protection of Human Rights, the members of which would include civil society organizations and half of whose membership would be women, which would coordinate closely with the National Human Rights Observatory.

The Committee welcomes the initiatives taken by the Government in the area of human rights education, including the establishment of a UNESCO Chair in the teaching of human rights at the University of Oran, responsible for organizing and promoting an integrated system

of human rights research, teaching, information and documentation as well as human rights training at the National Judicial Training Institute, the Police Training School and the National Prison Administration Training School.

The Committee appreciates the recognition in the Algerian Constitution of the Islamic, Arab and Amazigh components of Algerian identity and the efforts to introduce teaching of the Amazigh language in schools.

C. Concerns and recommendations

Noting the absence of statistical data on the ethnic composition of Algerian society, the Committee recommends that the State party provide an estimate on the composition of the population as requested in paragraph 8 of the reporting guidelines and, in particular, information on social indicators reflecting the situation of ethnic groups, including the Amazigh community. In this connection, the Committee draws the attention of the State party to its general recommendation VIII concerning the identification of members of particular racial and ethnic groups.

The Committee expresses its concern at the Law on the General Use of the Arabic Language of 5 July 1998 prohibiting the use of languages other than Arabic in various fields. While noting the statement by the delegation that the Law has not been applied in practice, the Committee urges the Government to review this law as a matter of priority, particularly in the context of the steps taken to promote the Amazigh language.

The Committee notes that articles 27 and 42 of the Constitution of Algeria prohibit discrimination based on race, language or religion. Nevertheless, it is concerned at the inadequate provisions in domestic legislation to address diverse aspects of racial discrimination. It thus reiterates its recommendation that the State party consider incorporating in its domestic legislation a prohibition of racial discrimination in accordance with the Convention and provisions for enforcing the prohibition.

While noting the efforts by the State party to amend its criminal code, notably article 298 and article 299, in accordance with the recommendations of the Committee at the examination of the eleventh and twelfth periodic reports, the Committee remains concerned about the State party's failure to comply fully with all the requirements of article 4 of the Convention and recommends that further steps be taken to accelerate the legislative review process.

With regard to article 5, the Committee notes that the facts and figures provided in the report concern the totality of the population and are not disaggregated. In this connection, the Committee wishes to receive detailed information on the application of the provisions of this article to the nomadic groups in the next periodic report.

The Committee reiterates its previous recommendation that the next periodic report of the State party contain all available information on complaints and court cases relating to racial discrimination and also information on the right of individuals to seek adequate reparation for any damage suffered as a result of such discrimination, as provided for in article 6 of the Convention.

The Committee notes that despite the significant steps taken by the Government to preserve and promote the Amazigh identity through the setting up of a High Commission on Amazighness, no additional information has been given on this population group, on measures taken for the protection and promotion of its culture and language or on the activities of the High Commission on Amazighness. The Committee is concerned about reports that the Commission does not function adequately and requests additional, concrete information on the functioning, membership and performance of this institution in promoting Amazigh language and culture.

The Committee requests the State party in its next periodic report to provide information on the role of the National Advisory Commission for the Promotion and Protection of Human Rights in monitoring the implementation of the State party's treaty obligations and on how the work of this organization and that of the National Human Rights Observatory is coordinated.

The Committee recommends that the State party's periodic reports be made widely available to the public from the time they are submitted and that the Committee's concluding observations be similarly publicized. In addition, all sectors of society should be informed and educated about the provisions of the Convention, including those of article 14.

The Committee further recommends that the State party ratify the amendments to article 8, paragraph 6, of the Convention adopted by the Fourteenth Meeting of States Parties.

The Committee recommends that the State party submit its fifteenth periodic report jointly with its sixteenth periodic report due on 15 March 2003 and that it address the points raised in the present observations.

Argentina

The Committee considered the fifteenth periodic report of Argentina (CERD/C/338/Add.9), which was due on 4 January 1998, at its 1439th and 1440th meetings (CERD/C/SR.1439 and 1440), on 6 and 7 March 2001. At its 1457th meeting (CERD/C/SR.1457), on 19 March 2001, it adopted the following concluding observations.

A. Introduction

The Committee welcomes the report submitted by Argentina and appreciates the supplementary updated information provided by the delegation orally and in writing, and also its detailed and frank answers to the questions and comments formulated by members of the Committee.

B. Factors and difficulties impeding the implementation of the Convention

The Committee notes that Argentina is still experiencing difficult economic circumstances which affect in particular vulnerable population groups, such as indigenous groups, and immigrants from neighbouring countries, many of whom are undocumented.

The economic situation is also responsible for budgetary constraints of government agencies charged with combating racial discrimination and taking measures in favour of the most vulnerable groups.

C. Positive aspects

The Committee welcomes the measures to strengthen the National Institute to Combat Discrimination, Xenophobia and Racism (INADI). It also welcomes the activities of the Institute, such as the organization of seminars to train primary and secondary school teachers to embrace pluralism, training courses for law enforcement officials and publicity campaigns in the media, and the establishment of a mechanism to receive complaints and take action thereon through mediation and intervention in the courts.

The Committee welcomes with satisfaction the measures designed to give greater autonomy to the National Institute of Indigenous Affairs, to build its capacity and to elaborate a national plan for indigenous peoples. It notes with interest the progress made thus far by the Institute in the context of the programme to transfer estate land to the indigenous communities that have traditionally occupied it.

The Committee welcomes Argentina's recent ratification of the Convention concerning Indigenous and Tribal Peoples in Independent Countries (No. 169) of the International Labour Organization Convention.

D. Concerns and recommendations

The Committee notes that the Government's plans to conduct an updated census which would, inter alia, take into account information on membership of indigenous groups, have not been sufficiently resourced. The Committee encourages the Government to take the measures necessary to conduct the census as soon as possible.

The Committee notes the absence in the periodic report of detailed information concerning the representation of indigenous peoples in the civil service at the federal and provincial levels, the police, the judicial system and Congress. It also notes the lack of information on the extent to which these segments of the population enjoy economic, social and cultural rights. The Committee reiterates its request to the State party to include in its next periodic report detailed information on these aspects.

The Committee notes with concern a statement made by the State party that the territories in which indigenous peoples have settled coincide with the areas with the highest index of unmet basic needs, and that the poverty and unemployment indices among indigenous populations and other vulnerable groups have risen as a result of the economic crisis. The Committee recommends that the State party take steps to alleviate this situation and that it keep the Committee informed.

The Committee also notes with concern that, although progress has been made regarding consultation with indigenous peoples so that they may participate in decisions which affect them with a view to securing their agreement, there are still situations in which consultation and participation do not occur. The Committee recommends that the State party find ways and means to facilitate such participation.

The Committee further notes with concern the difficulties that arise in some cases of transferring estate land to indigenous peoples owing, primarily, to the existence of individual title deeds and to the conflict of jurisdiction between the national and the provincial governments. The Committee recalls the relevant provisions of its general recommendation XXIII and recommends that steps be taken to overcome these difficulties.

The Committee notes with concern the lack of a social security system which takes into account the specific needs of indigenous peoples and recommends that steps be taken in that regard.

The Committee is concerned at the existence of xenophobic attitudes towards immigrants, primarily those from neighbouring countries, asylum‑seekers and persons of African descent. These attitudes, which are manifested even in some of the media, seem to have increased as a result of the present economic crisis and have given rise, on occasion, to violent incidents. The Committee recommends that the State party monitor such attitudes and incidents closely and take appropriate steps to deal with them.

The Committee notes with concern the difficulties that immigrants, primarily those from neighbouring countries, have in meeting the cost of obtaining residence papers and the lengthy and excessively bureaucratic immigration procedures, and recommends that the State party take steps to deal with this, inter alia, by offering advice free of charge. The Committee recommends, in particular, that the immigration bill currently under discussion include provisions to deal with these problems.

The Committee regrets the slow pace of the proceedings relating to the anti‑Semitic attacks in 1992 and 1994, although it notes that progress has been made, and calls for these proceedings to be completed as soon as possible.

The Committee notes with concern that there have been reports of police brutality committed on a variety of pretexts, on grounds of race, colour or ethnic origin; it therefore recommends that, in the courses and seminars organized to provide human rights education for the police, the armed forces and immigration and prison officials, particular attention be given to the dissemination and implementation of the Convention.

The Committee notes that INADI is experiencing difficulties in covering the entire national territory with regard to receiving and handling complaints of racial discrimination and recommends that steps be taken to address this situation.

The Committee requests the State party to include in its next report statistical information regarding legal actions carried out in Argentina against acts of racism. It also requests information regarding the conclusions of the Ministry of Justice commission responsible for adapting domestic laws to international instruments as regards the Convention.

The Committee recommends that the reports of the State party be made public when they are submitted to the Committee, and that the concluding observations of the Committee thereon be widely disseminated.

The Committee takes note of the proceedings under way at the level of the executive organs with a view to formulating the optional declaration provided for in article 14 of the Convention and encourages the State party to complete these proceedings.

The Committee recommends that the State party ratify the amendments to article 8, paragraph 6, of the Convention which were adopted on 15 January 1992 at the Fourteenth Meeting of States Parties.

The Committee recommends that the State party submit its sixteenth and seventeenth periodic reports jointly with the eighteenth periodic report on 4 January 2004, and that it address the points raised in the present observations.

Bangladesh

The Committee considered the seventh, eighth, ninth, tenth and eleventh periodic reports of Bangladesh, which were due on 11 July 1992, 1994, 1996, 1998 and 2000, respectively, at its 1457th and 1458th meetings (CERD/C/SR.1457 and 1458), on 19 and 20 March 2001. At its 1462nd meeting (CERD/C/SR.1462), on 22 March 2001, it adopted the following concluding observations.

A. Introduction

The Committee welcomes the opportunity to resume the dialogue with the State party and appreciates the report submitted by the State party, prepared largely in accordance with the guidelines for the preparation of reports. It is noted that the report is significantly more elaborate and informative than the previous reports of the State party. The Committee further appreciates the additional information provided orally by the delegation in response to the wide range of questions asked by the Committee members.

B. Positive aspects

The Committee notes with interest the recent steps taken with a view to strengthening the institutional framework for the protection of human rights, i.e. the envisaged establishment of an independent National Human Rights Commission and an Office of the Ombudsman.

The Committee welcomes affirmative action programmes undertaken to ensure the enjoyment of the rights contained in article 5 (e) of the Convention by the socially and economically disadvantaged groups, in particular the tribal population of the Chittagong Hill Tracts.

The Committee appreciates the signing of the 1997 Chittagong Hill Tracts Peace Accord and the implementation of certain of its provisions, such as: (i) the creation of the Chittagong Hill Tracts Ministry; (ii) the establishment of the Chittagong Hill Tracts Regional Council; and (iii) the establishment of a Land Commission for settlement of land issues.

The Committee appreciates the importance accorded by the State party to the educational curriculum as a means to spread awareness of human rights among the population and, in particular, the emphasis given to the inclusion of human rights standards, as set out in the various United Nations conventions, including the International Convention on the Elimination of All Forms of Racial Discrimination.

C. Concerns and recommendations

Though information has been given on representation of ethnic minorities in Parliament, the Committee notes the lack of details in the report on the demographic composition of the population. The Committee reiterates its recommendation to the State party to provide in its next report information on the composition of the population. In particular, the Committee wishes to receive disaggregated information on the economic and social status of all ethnic, religious and tribal minorities, as well as their participation in public life. Information in respect of ethnic minorities should cover not only the Chittagong Hill Tracts, but other areas of the country as well.

The Committee notes the information given about the constitutional prohibition of racial discrimination, but is concerned that racial discrimination as such is not explicitly and adequately prohibited and penalized in criminal law. The Committee recommends that the State party consider giving full effect to the provisions of article 4 of the Convention in its domestic legal order, to ensure penalization of acts of racial discrimination, as well as to ensure access to effective protection and remedies under article 6 of the Convention through competent national tribunals and other State institutions in addition to the High Court Division of the Supreme Court in respect of acts of racial discrimination.

The Committee is concerned about reports of human rights violations by security forces present in the Chittagong Hill Tracts affecting the tribal population, including reports of arbitrary arrests and detentions and ill‑treatment. The Committee recommends that the State party implement effective measures to guarantee to all Bangladeshis, without distinction based on race, colour, descent, or national or ethnic origin, the right to security of person and protection by the State against violence or bodily harm.

Notwithstanding certain positive developments, the Committee is concerned about the slow progress in implementing the Chittagong Hill Tracts Peace Accord. The Committee urges the State party to intensify its efforts in this regard and recommends that the State party provide

in its next report details regarding, inter alia, the work of the Chittagong Hill Tracts Regional Council; the effective results of the work of the Land Commission; the repatriation and rehabilitation of refugees and internally displaced persons in the Chittagong Hill Tracts; the work of the Special Task Force on Internally Displaced Persons; the resettlement of Bengali settlers outside the Chittagong Hill Tracts pursuant to deliberations of the Land Commission and the process of withdrawal of security forces from the Chittagong Hill Tracts.

With regard to the interpretation of the definition of racial discrimination contained in article 1 of the Convention, the Committee considers that the term "descent" does not refer solely to race or ethnic or national origin, and is of the view that the situation of castes falls within the scope of the Convention. The Committee therefore recommends that the State party include in its next report relevant information about the enjoyment of the rights contained in article 5 of the Convention by all groups, including castes.

The Committee is concerned about the poor living conditions in the refugee camps for Rohingyas, and recommends that the State party suitably address the situation pertaining to refugees.

In view of the increasing problem of trafficking in persons, particularly women and children, in South Asia, including Bangladesh, which may entail violations of the provisions of the Convention, the Committee requests the State party to provide in its next report information on efforts made in Bangladesh to address the ethnic dimensions of migration and trafficking in persons.

In connection with the implementation of article 7 of the Convention, the Committee encourages the State party to continue to take steps to strengthen awareness about human rights in general, and the Convention in particular, through education. It further recommends that the State party undertake training in the provisions of the Convention in the training programmes of law enforcement officials.

The Committee requests the State party to provide in subsequent reports, inter alia, information about jurisprudence relating specifically to violations of the Convention, including the awarding by courts of adequate reparation for such violations.

The State party is also invited to provide in its next report further information on the steps towards establishing an independent national human rights commission and an office of the ombudsman.

It is noted that the State party has not made the optional declaration provided for in article 14 of the Convention, and the Committee recommends that the possibility of such a declaration be considered.

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.

The Committee recommends that the State party's reports be made readily available to the public from the time they are submitted and that the Committee's observations on them be similarly publicized.

The Committee recommends that the State party's next periodic report, due on 11 July 2002, addresses all points raised in the present observations.

Georgia

The Committee considered the initial report of Georgia (CERD/C/369/Add.1), which was due on 2 July 2000, at its 1453rd and 1454th meeting (CERD/C/SR.1453 and 1454), on 15 and 16 March 2001. At its 1462nd meeting (CERD/C/SR.1462), on 22 March 2001, it adopted the following concluding observations.

A. Introduction

The Committee welcomes the initial report submitted by the State party and the additional oral information provided as well as the opportunity thus offered to initiate a dialogue with the State party. It expresses its satisfaction with the quality of the report and its conformity with the reporting guidelines of the Committee. It notes as very positive the fact that the State party submitted the report within one year of ratification.

B. Factors and difficulties impeding the implementation of the Convention

The Committee recognizes that Georgia has been confronted with ethnic and political conflicts in Abkhazia and South Ossetia since independence. Owing to the lack of governmental authority, the State party has difficulty in exercising its jurisdiction with regard to the protection of human rights and the implementation of the Convention in those regions.

In addition, the situations in South Ossetia and Abkhazia have resulted in discrimination against people of different ethnic origins, including a large number of internally displaced persons and refugees. On repeated occasions, attention has been drawn to the obstruction by the Abkhaz authorities of the voluntary return of displaced populations, and several recommendations have been issued by the Security Council to facilitate the free movement of refugees and internally displaced persons.

C. Positive aspects

The Committee notes with satisfaction that, notwithstanding the difficulties resulting from conflicts in Abkhazia and South Ossetia and the challenges linked to the period of political transition, the State party has made important progress in the area of legislative reform. It notes with interest that Georgia has ratified a great number of international and regional human rights instruments.

The Committee also notes with satisfaction that, upon 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 and can be invoked directly before the courts.

The Committee welcomes the establishment of various institutions for the promotion and protection of human rights, such as the Ombudsman and the Committee for Human Rights and Ethnic Relations. It notes with special interest the creation of the Committee on Civil Integration, which deals specifically with minority concerns. In this connection, the Committee notes with interest the statement of the delegation during the dialogue that the Committee on Civil Integration is developing a concept of civil integration in Georgia which would include laws concerning national minorities, including on language rights. The Committee equally welcomes the creation of human rights commissions in many sakrebulo (local elective bodies).

D. Concerns and recommendations

The Committee notes that the Constitution takes into account the provisions of article 2 of the Convention. However, the Committee regrets the lack of information provided on measures for the effective implementation of the Convention which the State party is expected to take. Furthermore, the Committee regrets that, although the report notes the condemnation of racial discrimination in all its forms by the State party, racial segregation and apartheid are not expressly condemned as stipulated by article 3 of the Convention.

While noting the information that the Constitution contains provisions to ensure the development and the protection of minorities and to guarantee their full and equal enjoyment of human rights and fundamental freedoms, the Committee expresses its concern at the failure of Parliament in 1994 to adopt a special law on national minorities. Taking note of the information provided by the delegation as to the aims of the Committee on Civil Integration in this regard, the Committee encourages the State party to continue to provide its utmost support to this process and to adopt legislation on minorities.

Concern is expressed that the legislation currently in force in Georgia does not fully cover the requirements of article 4 of the Convention. The Committee is concerned at the absence of provisions explicitly banning the advocacy of national, racial and religious hatred that constitutes incitement to discrimination, as well as racist propaganda and organizations. The Committee considers that the national legislation currently in force is not sufficient to comply with the requirements of article 4 (b), as the latter covers the offence of promoting and inciting racial discrimination which may fall short of "fomenting ethnic, local, religious or social strife" as provided for in article 5 (2) of the State party's law on political associations of citizens. The Committee emphasizes that, in the absence of the establishment of racial discrimination as a specific offence, it might not be punishable and would be difficult to prosecute. The Committee recommends that the State party take steps to ensure that national legislation is in full conformity with article 4 of the Convention.

With regard to article 142 (1) of the new Criminal Code, which deals with the infringement of equal rights on account of, inter alia, race, skin colour, language, sex, and national, ethnic, social or class origin, the Committee is concerned that this provision is qualified by the requirement that the infringement of equal rights result in a substantial violation of human rights. The Committee notes the statement by the delegation that serious consideration should indeed be given to reviewing this provision and encourages the State party to initiate the necessary steps.

The Committee recommends that the State party include in the next periodic report statistics on cases in which the relevant provisions of the Civil and Criminal Codes have been applied. The Committee reminds the State party that the absence of complaints and legal action by victims of racial discrimination could possibly be an indication of a lack of awareness of available legal remedies or a result of the absence of relevant specific legislation. It is therefore essential to provide for the relevant provisions in the national legislation and to inform the public of the availability of all legal remedies.

In the context of the implementation of article 5, the Committee expresses its concern at the under‑representation of ethnic minorities in Parliament. The Committee notes with concern the barriers to participation of minorities in political institutions, for instance with regard to the limitation on the participation of minorities in local executive bodies owing to a lack of knowledge of the Georgian language. The Committee recommends that the State party take all necessary steps in order to increase the representation of national minorities in Parliament and in local bodies.

The Committee notes the commitment undertaken by the State party to repatriate Meskhetians who had been expelled from southern Georgia to the Central Asian republics of the Soviet Union. The Committee recommends that the State party take the necessary measures to facilitate the return of Meskhetians and the acquisition of citizenship by them.

Expressing its satisfaction at the positive measures taken by the State party to establish national human rights institutions, the Committee requests that, in its next periodic report, the State party provide additional information on the role, responsibilities and achievements of national institutions such as the Commission on Civil Integration, the Committee for Human Rights and Ethnic Relations and the Ombudsman in monitoring treaty obligations and, in particular, with regard to activities for the integration of minorities and the promotion of human rights.

The Committee notes the absence of provisions with regard to stateless persons and encourages the State party to take appropriate measures to remedy this situation.

The Committee recommends to the State party that its reports and the present concluding observations be widely distributed to the public. The Committee also recommends the dissemination of the text of the Convention and the organization of education and training programmes aimed at all sectors of society, especially law enforcement officials, regarding human rights in general and the provisions of the Convention in particular.

It is noted that the State party has not made the optional declaration provided for in article 14 of the Convention, and the Committee recommends that the possibility of making such a declaration be considered.

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.

The Committee also recommends that the State party submit its second periodic report jointly with its third periodic report, due on 2 July 2004, and that it address all of the points raised during the consideration of the initial report.

Germany

The Committee considered the fifteenth periodic report of Germany (CERD/C/338/Add.14) at its 1426th and 1427th meetings, on 13 and 14 March 2001 (CERD/C/SR.1426 and 1427), and at its 1460th meeting (CERD/C/SR.1460), on 21 March 2001, adopted the following concluding observations.

A. Introduction

The Committee welcomes the very detailed report presented by the Government of Germany, which follows the Committee's guidelines and contains relevant information about the implementation of the provisions of the Convention in the State party. The Committee is also grateful for the relevant additional and updated information that was transmitted during presentation of the report.

The Committee particularly appreciated the delegation's frankness and sincerity during the presentation of the report, and its acknowledgement of the difficulties faced by the State party in the implementation of the Convention.

B. Positive aspects

The Committee welcomes recent developments that have taken place in the field of human rights. It noted in particular the creation of the independent German Institute of Human Rights, the setting up by the Federal Parliament of a Human Rights Committee as well as the publication of the Federal Government's biannual Human Rights Report, which in the future will give more attention to the internal human rights issues.

With regard to the implementation of article 4 of the Convention and the fight against racist organizations and propaganda, the Committee welcomes the information provided by the State party that since its previous report additional extreme right‑wing associations have been banned. In this regard, the Committee also notes the efforts made by the Government, as well as by the Federal Council and the Federal Parliament, to bring the important and delicate issue of the constitutionality of the National Democratic Party of Germany (NPD) before the German

Constitutional Court. Finally, the Committee is pleased to see that measures taken by the State party in order to combat racial propaganda are being implemented effectively, leading to the conviction by the judicial authorities of approximately 900 people during 1998.

The Committee also welcomes the establishment of three new special programmes aimed at combating racism and xenophobia among young people: "Xenos‑living and working in diversity", "Measures against violence and right‑wing extremism" and "Promotion of model projects against right‑wing violence in the new Länder".

The Committee notes with satisfaction the improvements brought by the recent reform of the nationality law and, particularly, the partial incorporation of the principle of jus soli and the expanding of exceptions to the principle prohibiting multiple nationalities when, for instance, giving up a previous nationality would bring considerable disadvantages to the person applying for German nationality.

The Committee notes the establishment of the Foundation for the compensation of persons subjected to forced labour and welcomes the fact that this foundation will also be of benefit to Sintis and Roma populations.

The Committee appreciates the readiness of the delegation to answer a great variety of questions concerning, inter alia, the State party's response to the concerns of developing countries with respect to the high prices of medicines for persons living with HIV/AIDS.

C. Concerns and recommendations

The Committee shares the State party's particular concern that despite appropriate actions undertaken and significant improvements to the various means to prevent and punish right‑wing extremist, xenophobic and anti‑Semitic crimes, the number of racist‑related incidents, which had more or less stagnated during the 1990s, suddenly and dramatically increased during the year 2000. While welcoming the work that has already been accomplished to identify the specific causes of this phenomenon, the Committee encourages the State party to reinforce its efforts to prevent and combat such acts, including through further studies and research, in order to understand fully the reasons for the recent increase in racial violence and to devise appropriate measures.

The Committee is further concerned by repeated reports of racist incidents in police stations as well as ill‑treatment inflicted by law enforcement officials on foreigners, including asylum‑seekers, and German nationals of foreign origin. Although the number of these incidents has diminished recently, the Committee urges the State party to strengthen existing educational measures for civil servants who deal with issues involving foreigners, including asylum‑seekers, and German nationals of foreign origin.

Concerned at the increase in racist propaganda on the Internet and that this trend is likely to become more significant in the future, the Committee encourages the State party to seek further solutions in order to tackle this problem.

While noting that the State party has recognized minorities that have been settled in Germany for a long time, the Committee draws the attention of the State party to general recommendation XXIV of the Committee.

The State party is invited in its next report to provide further information on the following issues: (a) updated information on the number of persons of foreign origin in the police forces; (b) information on the new draft anti‑discrimination legislation in the field of both civil and labour law; (c) updated information on the numbers of persons who have been convicted following racist incidents.

Noting that the State party's report has been made readily available to the public from the time it was submitted, the Committee recommends that its concluding observations be similarly publicized. It encourages the State party to place the concluding observations on the appropriate ministry's Web site.

The Committee recommends that the State party submit its sixteenth and seventeenth periodic reports jointly with its eighteenth periodic report, due on 15 June 2004, and that it address the points raised in the present observations.

Greece

The Committee considered the twelfth, thirteenth, fourteenth and fifteenth periodic reports of Greece, submitted as one document (CERD/C/363/Add.4), at its 1455th and 1456th meetings (CERD/C/SR.1455 and 1456), on 16 March and 19 March 2001, respectively. At its 1462nd meeting (CERD/C/SR.1462), on 22 March 2001, it adopted the following concluding observations.

A. Introduction

The Committee welcomes the report submitted by the State party, and expresses its appreciation for the additional written information provided in February 2001 and the oral information provided by the delegation. It particularly appreciates the opportunity to resume a positive and constructive dialogue with the State party.

The Committee notes the valuable information contained in the report, prepared in accordance with the Committee's guidelines for the form and content of periodic reports, and welcomes the fact that the report addresses a number of the concerns and recommendations of the Committee's concluding observations on the eighth, ninth, tenth and eleventh periodic reports (CERD/C/210/Add.1).

B. Positive aspects

The Committee is encouraged by the self‑critical approach of the State party's report and by the commitment of the State party to the International Convention on the Elimination of All Forms of Racial Discrimination.

The Committee notes that since the submission of its last report the State party has ratified a range of international human rights instruments and has signed ‑ although not yet ratified ‑ the Council of Europe Framework Convention for the Protection of National Minorities.

The Committee welcomes the information provided in the report and by the delegation concerning the extent to which courts and other tribunals and administrative authorities give direct effect to the provisions of international human rights instruments in their decisions, and the attention given by courts to the case law of international judicial or quasi‑judicial bodies when interpreting human rights instruments.

The Committee welcomes the establishment of national machinery with responsibility for overseeing the implementation of human rights, and notes in particular the diverse and pluralistic structure of the national commission on human rights established by Law 2667/1998. The Committee also notes the important role of the National Radio and Television Council, the Code of Journalistic Ethics, and the draft code of ethics for information and other journalistic and political programmes in preventing racial discrimination and racist and xenophobic behaviour and stereotyping in the mass media.

The Committee welcomes the measures taken by the State party to date aimed at promoting effective equality among individuals, with particular attention to Roma people, migrant workers, refugees and asylum‑seekers and the minority populations in Western Thrace.

The Committee notes the information provided by the State party according to which members of minority groups participate in the political life of the country at the national and municipal levels.

Consistent with the State party's expressed desire to integrate ‑ rather than assimilate ‑ minority groups into the social, economic and cultural life of the country, in a manner aimed at preserving their diverse cultures and identities, the Committee welcomes the information provided by the State party concerning the implementation of educational programmes aimed at the teaching of the Greek language to students with a different mother tongue and the training of teachers in the teaching of Greek as a second language.

The Committee welcomes the information provided by the State party on the extent to which it has implemented to date general recommendation XIII, concerning training of law enforcement officials in the protection of human rights.

C. Concerns and recommendations

While noting that the report of the State party refers to the "Muslim minority of Western Thrace", and within this to Turkish, Pomak and Roma groups, and not to other ethnic groups in the country, the Committee draws the attention of the State party to its general recommendations VIII on the right of each person to self‑identification and XXIV concerning article 1 of the Convention in this regard.

The Committee encourages the State party to build upon its education programmes at all levels in order to counter negative stereotypes and promote the objectives of the Convention. The Committee recommends that the State party take into account the Committee's general recommendation XXVII concerning Roma in further legal and policy initiatives.

The Committee encourages the State party to pursue further its dialogues with representatives of the Roma, Pomak, Albanian and other minority populations, with a view to expanding as necessary the available range of multilingual educational programmes and policies.

Recalling the repeal in 1998 of article 19 of the Citizenship Code and mindful of the clear incompatibility of this repealed law with the Convention, the Committee recommends that the State party explore and implement appropriate remedies, including the possibility of reinstatement of citizenship, for the benefit of persons deprived of their citizenship under article 19 in the past.

The Committee recommends that the next periodic report provide information on the demographic composition of the population.

The Committee recommends that the State party include in its next periodic report statistics on cases where the relevant provisions of the Civil and Penal Code have found application.

The Committee recommends that the State party take further measures to increase the awareness of the principles of the Convention by law enforcement officials.

The Committee recommends that the Convention, the State party's report and these concluding observations be widely disseminated by the State party, including among minority populations.

The Committee welcomes the stated intention of the State party to make the optional declaration as soon as possible under article 14 of the Convention and encourages it to take steps in that regard.

The Committee recommends that the State party ratify the amendments to article 8, paragraph 6, of the Convention which were adopted on 15 January 1992 at the Fourteenth Meeting of States Parties to the Convention.

The Committee recommends that the State party submit its sixteenth periodic report jointly with its seventeenth periodic report, due on 18 July 2003, and that it address the points raised in the present observations.

Iceland

The Committee considered the fifteenth and sixteenth periodic reports of Iceland (CERD/C/338/Add.10 and CERD/C/384/Add.1) at its 1441st meeting (CERD/C/SR.1441), on 7 March 2001. At its 1454th meeting (CERD/C/SR.1454), on 16 March 2001, it adopted the following concluding observations.

A. Introduction

The Committee welcomes the reports submitted by the State party, commends the State party for its regular submission of periodic reports and expresses its appreciation for the additional oral information provided by the delegation. The Committee notes the valuable information contained in the reports, which were prepared in accordance with the Committee's guidelines. The fifteenth and sixteenth reports are updating reports describing developments that took place after the period covered by the fourteenth report.

The Committee notes that, while providing information that the Committee had requested on the ethnic composition of the population and on naturalization laws, the fifteenth and sixteenth reports contained only limited information with respect to most of the concerns and recommendations contained in the Committee's concluding observations on the fourteenth periodic report (CERD/C/304/Add.27).

B. Positive aspects

The Committee is encouraged by the commitment of the State party to the Convention. It notes with appreciation the State party's positive efforts with regard to the prevention of ethnic discrimination and to ensure equal rights and protection from discrimination for the growing immigrant and foreign‑born population.

The Committee notes again that the 1995 amendment to the Constitution provided extensive additions to human rights provisions, bringing them more into conformity with international human rights norms. It welcomes the information provided in the sixteenth report and by the delegation about the extent to which courts refer to the human rights treaties to interpret the constitutional provisions.

The Committee commends the State party for publishing its reports and the concluding observations of the Committee on the Internet home page of the Ministry of Justice and for distributing them to the media, which facilitates and stimulates growing public interest in and debate of human rights issues.

The Committee welcomes the establishment of a new centre for immigrants in the Western Fjords which will start operating in March 2001, and the preparations for the transformation of the Information and Cultural Centre for Foreigners in Reykjavik into an International House with expanded programmes and activities, particularly to assist immigrants and other foreigners in the study of their own language.

The Committee welcomes the introduction of new curricula for nursery and primary schools, with increased attention to the role of schools in facilitating the integration of children from different cultural backgrounds without the loss of their ties to their own culture. It notes also the emphasis on the promotion of tolerance and the recognition of the need to provide students from different linguistic backgrounds with special education in Icelandic, to address educational and employment disparities.

The Committee notes the information provided in the sixteenth report on the complex provisions of the Icelandic Naturalization Act and other relevant legislation. It welcomes the 1998 amendment to address the unequal rights of men and women with regard to the naturalization of their children, and the elimination of the requirement to adopt an Icelandic patronym as a condition for naturalization.

The Committee expresses its appreciation for the acceptance by the State party of refugees for resettlement, and notes the success of its family support system in facilitating integration of refugees.

The Committee welcomes the Government's decision of July 2000 to ratify the amendments to article 8, paragraph 6, of the Convention adopted at the Fourteenth Meeting of States Parties.

C. Concerns and recommendations

The Committee recommends that the State party investigate fully the possible existence of associations advocating racial discrimination and take appropriate action under section 233a of the General Penal Code and article 74 of the Constitution, as well as review its legislation if it proves insufficient to enforce fully the provisions of article 4 of the Convention. The Committee also recommends that the State party ensure that the provisions of the Convention are fully reflected in existing legislation and that it give further consideration to the possibility of giving the Convention legal force in the Icelandic legal system, as is the case for the European Convention on Human Rights.

The Committee notes that few incidents of racial discrimination are recorded by the police. The Committee recommends that the State party review carefully the allegations of racial insults and threats suffered by immigrants and that it consider additional ways to encourage the formulation of formal complaints in such cases, including publicizing the State party's declaration under article 14 of the Convention.

While acknowledging the more favourable treatment received under the naturalization laws in cases where the applicant is stateless, the Committee notes that Icelandic nationality is lost by persons who acquire another nationality by their own application, while dual citizenship is allowed for foreign nationals who acquire Icelandic citizenship. The Committee recommends that the State party consider the possibility of acceding to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, which prohibit deprivation of nationality on discriminatory grounds and stipulate that a State party should grant nationality to persons born on its territory who would otherwise be stateless.

The Committee notes that a new Bill on Aliens was submitted to Parliament in autumn 2000 and that its adoption is expected in the spring of 2001. The Committee would welcome further information on the handling of asylum requests and on the contents of the Bill on Aliens, including on admissibility procedures at the borders, in the next periodic report.

The Committee recommends that the State party's reports continue to be made readily available to the public from the time they are submitted and that the Committee's observations on them be similarly publicized.

The Committee recommends that the State party submit its seventeenth periodic report jointly with the eighteenth periodic report, due on 4 January 2004, and that it address all the points raised in the present observations.

Japan

The Committee considered the initial and second periodic reports of Japan, due on 14 January 1997 and 1999, respectively, at its 1443rd and 1444th meetings (CERD/C/SR.1443 and 1444), on 8 and 9 March 2001. At its 1459th meeting (CERD/C/SR.1459), on 20 March 2001, it adopted the following concluding observations.

A. Introduction

The opportunity to initiate a constructive dialogue with the State party is particularly welcome. The Committee was encouraged by the attendance of a large delegation representing a wide range of governmental departments and also by the involvement of the NGO community, as acknowledged by the State party, in the preparation of its initial report.

The Committee welcomes the detailed and comprehensive report submitted by the State party, prepared in accordance with its guidelines for the preparation of reports, and the additional oral information provided by the delegation in response to the wide range of questions asked by Committee members. It also welcomes the additional written responses provided, following the examination of the report.

B. Positive aspects

The Committee welcomes the legislative and administrative efforts made by the State party in order to promote the human rights and the economic, social and cultural development of some ethnic and national minorities, in particular: (i) the 1997 Law for the Promotion of Measures for Human Rights Protection; (ii) the 1997 Law for the Promotion of the Ainu Culture and for the Dissemination and Advocacy for the Traditions of the Ainu and the Ainu Culture; and (iii) the series of special measures laws for Dowa projects with the aim of eliminating discrimination against Burakumi.

The Committee notes with interest the recent jurisprudence recognizing the Ainu people as a minority people with the right to enjoy its unique culture.

The Committee welcomes efforts made to raise awareness about existing human rights standards, particularly the publication of the full texts of fundamental human rights treaties on the Web site of the Ministry for Foreign Affairs, including the International Convention on the Elimination of All Forms of Racial Discrimination. It also welcomes the similar dissemination of the State party's reports on the implementation of treaties and the concluding observations of the respective United Nations monitoring bodies.

C. Concerns and recommendations

While taking note of the State party's point of view on the problems involved in determining the ethnic composition of the population, the Committee finds that there is a lack of information on this point in its report. It is recommended that the State party provide in its next report full details on the composition of the population as requested in the reporting guidelines of the Committee and, in particular, information on economic and social indicators reflecting the situation of all minorities covered by the scope of the Convention, including the Korean minority, Burakumin and Okinawa communities. The population on Okinawa seeks to be recognized as a specific ethnic group and claims that the existing situation on the island leads to acts of discrimination against it.

With regard to the interpretation of the definition of racial discrimination contained in article 1 of the Convention, the Committee, contrary to the State party, considers that the term "descent" has its own meaning and is not to be confused with race or ethnic or national origin. The Committee therefore recommends that the State party ensure the protection against discrimination and the full enjoyment of the civil, political, economic, social and cultural rights contained in article 5 of the Convention of all groups, including the Burakumin community.

The Committee notes with concern that although article 98 of the Constitution provides that treaties ratified by the State party are part of domestic law, the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination have rarely been referred to by national courts. In light of the information from the State party that the direct application of treaty provisions is judged in each specific case, taking into consideration the purpose, meaning and wording of the provisions concerned, the Committee seeks clarifying information from the State party on the status of the Convention and its provisions in domestic law.

The Committee is concerned that the only provision in the legislation of the State party relevant to the Convention is article 14 of the Constitution. Taking into account the fact that the Convention is not self‑executing, the Committee believes it necessary to adopt specific legislation to outlaw racial discrimination, in particular in conformity with the provisions of articles 4 and 5 of the Convention.

The Committee notes the reservation maintained by the State party with respect to article 4 (a) and (b) of the Convention, stating that "Japan fulfils the obligations under those provisions to the extent that fulfilment … is compatible with the guarantee of the rights to freedom of assembly, association and expression and other rights under the Constitution of Japan". The Committee expresses concern that such an interpretation is in conflict with the State party's obligations under article 4 of the Convention. The Committee draws the attention of the State party to its general recommendations VII and XV, according to which article 4 is of mandatory nature, given the non‑self‑executing character of all its provisions, and the prohibition of the dissemination of all ideas based upon racial superiority or hatred is compatible with the rights to freedom of opinion and expression.

Regarding the prohibition of racial discrimination in general, the Committee is further concerned that racial discrimination as such is not explicitly and adequately penalized in criminal law. The Committee recommends the State party to consider giving full effect to the provisions of the Convention in its domestic legal order and to ensure the penalization of racial discrimination as well as the access to effective protection and remedies through the competent national tribunals and other State institutions against any acts of racial discrimination.

The Committee notes with concern statements of discriminatory character made by high‑level public officials and, in particular, the lack of administrative or legal action taken by the authorities as a consequence in violation of article 4 (c) of the Convention and the interpretation that such acts can be punishable only if there is an intention to incite and promote racial discrimination. The State party is urged to take appropriate measures to prevent such incidents in the future and to provide appropriate training of, in particular, public officials, law enforcement officers and administrators with a view to combating prejudices which lead to racial discrimination, in compliance with article 7 of the Convention.

The Committee is concerned about reports of violent actions against Koreans, mainly children and students, and about the inadequate reaction of the authorities in this regard and recommends that the Government take more resolute measures to prevent and counter such acts.

With regard to children of foreign nationality residing in Japan, the Committee notes that elementary and lower secondary education is not compulsory. It further notes the position of the State party that "since the purpose of the primary education in Japan is to educate the Japanese people to be members of the community, it is not appropriate to force foreign children to receive that education". The Committee concurs with the proposition that force is completely inappropriate to secure the objective of integration. However, with reference to articles 3 and 5 (e) (v), the Committee is concerned that different standards of treatment in this respect may lead to racial segregation and the unequal enjoyment of the right to education, training and employment. It is recommended that the State party ensure that the relevant rights contained in article 5 (e) are guaranteed without distinction as to race, colour, or national or ethnic origin.

The Committee is concerned about discrimination affecting the Korean minority. Though efforts are being made to remove some of the institutional obstacles to minority students from international schools, including Korean schools, entering Japanese universities, the Committee is particularly concerned that studies in Korean are not recognized and that resident Korean students receive unequal treatment with regard to access to higher education. It is recommended that the State party undertake appropriate measures to eliminate discriminatory treatment of minorities, including Koreans, in this regard and to ensure access to education in minority languages in public Japanese schools.

The Committee recommends that the State party take steps to further promote the rights of the Ainu, as indigenous people. In this regard the Committee draws the attention of the State party to its general recommendation XXIII on the rights of indigenous peoples that calls, inter alia, for the recognition and protection of land rights as well as restitution and compensation for loss. The State party is also encouraged to ratify and or use as guidance ILO Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries.

Noting that although Koreans applying for Japanese nationality are no longer required, legally or administratively, to change their names to a Japanese name, the Committee expresses its concern that authorities reportedly continue to urge applicants to make such changes and that Koreans feel obliged to do so for fear of discrimination. Considering that the name of an individual is a fundamental aspect of the cultural and ethnic identity, the Committee recommends that the State party take the necessary measures to prevent such practices.

The Committee, while noting th

A/56/18

NOTE

Letter of transmittal

I. ORGANIZATIONAL AND RELATED MATTERS

A. States parties to the International Convention on the

Elimination of All Forms of Racial Discrimination

B. Sessions and agendas

C. Membership and attendance

D. Officers of the Committee

E. Cooperation with the International Labour Organization, the Office

of the United Nations High Commissioner for Refugees and the

United Nations Educational, Scientific and Cultural Organization

F. Other matters

G. Adoption of the report

II. PREVENTION OF RACIAL DISCRIMINATION, INCLUDING

EARLY WARNING AND URGENT PROCEDURES

III. CONSIDERATION OF REPORTS, COMMENTS AND

INFORMATION SUBMITTED BY STATES PARTIES

UNDER ARTICLE 9 OF THE CONVENTION

Algeria

A. Introduction

B. Positive aspects

C. Concerns and recommendations

Argentina

A. Introduction

B. Factors and difficulties impeding the implementation of the Convention

C. Positive aspects

D. Concerns and recommendations

Bangladesh

A. Introduction

B. Positive aspects

C. Concerns and recommendations

Georgia

A. Introduction

B. Factors and difficulties impeding the implementation of the Convention

C. Positive aspects

D. Concerns and recommendations

Germany

A. Introduction

B. Positive aspects

C. Concerns and recommendations

Greece

A. Introduction

B. Positive aspects

C. Concerns and recommendations

Iceland

A. Introduction

B. Positive aspects

C. Concerns and recommendations

Japan

A. Introduction

B. Positive aspects

C. Concerns and recommendations