COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES SEVENTIETH SESSION

The Committee on the Elimination of Racial Discrimination today concluded its seventieth session, issuing concluding observations and recommendations on the reports of Canada, Israel, India, the former Yugoslav Republic of Macedonia, Liechtenstein, Antigua and Barbuda and the Czech Republic on how they implement the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination. In the absence of a report, and based, inter alia, on information received from other United Nations bodies, the Committee also considered the situation in Ethiopia with respect to the implementation of the Convention and issued concluding observations.

Also at its seventieth session, the Committee met with the United Nations Expert on Minority Rights Gay McDougall, with a view to finding synergies with the work of the Committee; held discussions on treaty body reform; discussed follow-up to its concluding observations and to individual communications; heard updates on progress made in the Working Group on Reservations and the Working Group on People of African Descent; continued its work on a draft study on procedures; and held a dialogue with experts of the Intergovernmental Working Group on the Follow-up to the Durban Programme of Action on complementary standards.

The Committee also took a number of decisions with regard to situations in States parties that had not presented reports. Following reports received about discrimination against the Maya people in Belize, the Committee preliminarily considered the situation under its early warning and urgent procedure. The Committee decided to send a list of questions to Belize and requested a reply no later than 1 July 2007. Also considered on a preliminary basis under its early warning and urgent action procedures was information submitted concerning the situation of the Aymara people in Peru. As no replies had been received to the Committee's list of issues, as requested by 31 December 2006, the Committee decided to send a reminder letter to Peru. The situation of the Macuxi, Wapichana, Taurepang, Ingaricó and Patamona peoples in Brazil was also considered under the same proceure, and the Committee decided to send a letter to the State party.

With regard to the Democratic Republic of the Congo, which had originally been scheduled to present its eleventh through fifteenth periodic reports at the present session, the Committee agreed to postpone consideration of those reports to its seventy-first session, and requested it to send written responses to the Committee's list of questions no later than 15 May 2007. With regard to the Republic of Congo, which the Committee considered under its review procedure for States parties whose reports were seriously overdue, it was decided to grant a postponement till 31 December 2007 for the submission of Congo's report, and to schedule the report for consideration at the Committee's seventy-second session in February and March 2008. Having considered the situation in the Seychelles under its review procedure, the Committee decided to grant it an additional delay for the drafting and submission of its overdue reports until 30 September 2007. Also under its review procedure, the Committee requested Togo to send its report by 1 July 2007, and sent a reminder letter to Nicaragua, along with a list of issues, also requesting that its overdue report be submitted by 1 July 2007.

The next session of the Committee will be held in Geneva from 30 July to 17 August 2007. During that session, the Committee will consider reports of Moldova, Italy, Indonesia, New Zealand, Kyrgyzstan, Costa Rica, Mozambique and the Democratic Republic of the Congo. It will also examine, under its review procedure, the situation in Nicaragua, Namibia, Mali, Togo and Pakistan, in the event that the responses requested from those countries are not submitted by that time. Also at its seventy-first session, the Committee will meet with States parties to discuss ways of better working together and to exchange views on measures taken to improve the Committee's working methods.

Concluding Observations and Recommendations on Country Reports

Canada

Among positive aspects in the seventeenth and eighteenth periodic reports of Canada, the Committee welcomed the adoption, in March 2005, of "A Canada for All: Canada’s Action Plan Against Racism", including the Racism-Free Workplace Strategy. It also welcomed the enactment of the Human Rights Act in Nunavut, which prohibited racial discrimination. The Committee noted with satisfaction the establishment of the Canadian Coalition of Municipalities against Racism and Discrimination. It also welcomed the establishment, in 2005, of the Cross-Cultural Roundtable on Security, designed to provide a forum for dialogue between the Government and community representatives to discuss emerging trends and developments in national security measures. Furthermore, the Committee noted with appreciation Canada's expressed commitment to address through negotiations the assertion of Aboriginal rights and title to land.

The Committee noted the absence of general statistical information on hate crimes, racial profiling and policing, disaggregated by ethnic and racial group. In that connection, the Committee was concerned about the heightened risks of racial profiling and discrimination on the ground of racial or ethnic origin in the context of increased national security measures in Canada, and in particular, in the application of the Anti-Terrorism Act (2001). The Committee was also concerned about the use of security certificates under the Immigration and Refugee Protection Act by Canada, which provided for indefinite detention without charge or trial of non-nationals who were suspected of terrorism-related activities.

Noting a lack of substantial progress by Canada in its efforts to address residual discrimination against First Nations women, the Committee urged Canada to take the necessary measures to reach a legislative solution to effectively address the discriminatory effects of the Indian Act on the rights of Aboriginal women and children to marry, to choose one’s spouse, to own property and to inherit, in consultation with First Nations organisations and communities, including Aboriginal women’s organisations, without further delay. In addition, the Committee was also concerned about the disproportionate use of force by the police against African Canadians, and the disproportionately high rate of incarceration of Aboriginal peoples compared with the general population. It also remained concerned at the extent of the dramatic inequality in living standards still experienced by Aboriginal peoples. In that regard, the Committee regretted that, in its report, Canada had not addressed the question of limitations imposed on the use by Aboriginal people of their land, as requested. The Committee recommended that Canada support the immediate adoption of the UN Declaration on the Rights of Indigenous Peoples, and that it consider ratifying ILO Convention No.169 on Indigenous and Tribal Peoples.

Israel

Having considered the tenth to thirteenth periodic reports of Israel, the Committee noted with satisfaction the domestic legislation implementing article 4 of the Convention (on racial propaganda and racist organizations). It also welcomed affirmative action programmes to ensure better representation of minority groups in the civil service and within government-owned corporations. The Committee noted with satisfaction that for the first time an Arab Israeli citizen has been appointed to the Cabinet. Furthermore, it welcomed the enactment of the Prohibition of Discrimination in Products, Services and Entry into Places of Entertainment and Public Places Law (2000), and noted with appreciation that the civil service sector had taken steps to accommodate the different cultural and religious traditions and practices of minority employees at work. Finally, the Committee welcomed Israel's efforts to improve the status of Arabic language, in particular steps taken to add Arabic to all existing intercity and highway sign roads.

The Committee noted with concern that the Citizenship and Entry into Israel Law (Temporary Order) of May 2003 suspended the granting of citizenship and residence permits in Israel, including through family reunification, to residents of the Occupied Palestinian Territories, except in limited exceptions. Such measures had a disproportionate impact on Arab Israeli citizens, and the Committee was concerned that those “temporary” measures had systematically been renewed, and had been expanded to citizens of “enemy States”. The Committee recommended that Israel assess the extent to which the maintenance of separate Arab and Jewish “sectors” might amount to racial segregation. Mixed Arab-Jewish communities and schools should be promoted and strong action taken to promote intercultural education. Israel should also assess the extent to which the alleged discriminatory attitudes by employers against Arabs, scarcity of jobs near Arab communities, and lack of day care centres in Arab villages were a cause of high unemployment rates among Arabs. The Committee further noted with concern information according to which a high number of complaints filed by Arab Israeli citizens against law enforcement officers were not properly and effectively investigated and that the Ministry of Justice’s Police Investigations Unit lacked independence. The Committee recommended that Israel consider the establishment of a national mechanism for redress of racial discrimination either as a specialized agency on racial discrimination or a national human rights institution in accordance with the Paris Principles.

The Committee reiterated its concern about Israel's position that the Convention did not apply in the Occupied Palestinian Territories and the Golan Heights. Such a position could not be sustained under the Convention or under international law. The Committee was further concerned at Israel's assertion that it could legitimately distinguish between Israelis and Palestinians in the Occupied Palestinian Territories on the basis of citizenship. The Committee recommended that Israel cease construction of the wall in the Occupied Palestinian Territories, dismantle that structure, and make reparation for all damage caused. It also recommended that Israel take action to give full effect to the 2004 Advisory Opinion of the International Court of Justice on the Legal Consequences of the Construction of the Wall in the Occupied Palestinian Territories. The Committee was deeply concerned that the severe restrictions on the freedom of movement in the Occupied Palestinian Territories targeting a particular national or ethnic group had created hardship and had had a highly detrimental impact on the enjoyment of human rights by Palestinians, in particular their rights to freedom of movement, family life, work, education and health. The Committee also reiterated its call for a halt to the demolition of Arab properties, particularly in East Jerusalem, and for respect for property rights irrespective of the ethnic or national origin of the owner. Finally, the Committee urged Israel to ensure that the excavations at Al-Aqsa Mosque in no way endangered the Mosque or impeded access to it.

India

With regard to the fifteenth to nineteenth periodic reports of India, the Committee noted with appreciation the comprehensive constitutional provisions and other legislation to combat discrimination, including discrimination based on race and caste. The Committee welcomed the special measures adopted to advance the equal enjoyment of rights by members of Scheduled Castes and Schedules Tribes, such as reservation of seats in Union and State legislatures and of posts in the public service, and the establishment of institutions responsible for the implementation of anti-discrimination legislation such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (1989). Furthermore, the Committee noted with appreciation the declaration of the Indian Prime Minister before the Dalit Minority International Conference in December 2006 that “the only parallel to the practice of ‘Untouchability’ was Apartheid in South Africa”. Such a declaration underlined the renewed commitment to address the discriminatory practice of “Untouchability”.

Taking note of India’s position that caste-based discrimination fell outside the scope of the Convention, the Committee maintained its position that discrimination based on descent included discrimination against members of communities based on forms of social stratification such as caste which nullified or impaired their equal enjoyment of human rights. The Committee noted with concern that India also did not recognize its tribal peoples as distinct groups entitled to special protection under the Convention. The Committee was concerned about reports of arbitrary arrest, torture and extrajudicial killings of members of Scheduled Castes and Scheduled Tribes by the police, and about the frequent failure to protect those groups against acts of communal violence. It therefore urged India, among other things, to introduce mandatory training on the application of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (1989) for police, judges and prosecutors and to take disciplinary or criminal law measures against police and other law enforcement officers who violated their duty of protection and/or investigation in that regard.

The Committee was concerned about the alarming number of allegations of acts of sexual violence against Dalit women, in particular rape, and about the sexual exploitation of Dalit and tribal women who were being trafficked and forced into prostitution. Among other things, the Committee recommended that India establish special court chambers and task forces to address those problems. The Committee also urged India to effectively enforce the prohibition of child marriage, the Dowry Prohibition Act (1961) and State laws prohibiting the practice of devadasi, whereby mostly Dalit girls were dedicated to temple deities and forced into ritualized prostitution. In addition, India should punish discrimination or violence against inter-caste couples and rehabilitate victims, and it should conduct training and awareness-raising campaigns to sensitize police, prosecutors, judges, politicians, teachers and the general public as to the criminal nature of such acts. The Committee also urged India to fully respect and implement the right of ownership of the members of tribal communities over the lands traditionally occupied by them, and that it seek the prior informed consent of communities affected by the construction of dams in the Northeast or similar projects on their traditional lands in any decision-making processes related to such projects and provide adequate compensation and alternative land and housing to those communities.

Former Yugoslav Republic of Macedonia

Following its review of the fourth to seventh periodic reports of the former Yugoslav Republic of Macedonia, the Committee welcomed the declaration made by the State party in December 1999 under article 14 of the Convention, recognizing the competence of the Committee to receive and consider individual communications. The Committee noted with satisfaction that the Ohrid Framework Agreement, now being implemented, aimed at reducing the level of inter-ethnic tensions and at promoting tolerance and understanding for the culture and history of different ethnic groups within the country. It also commended the former Yugoslav Republic of Macedonia for the adoption of the “National Strategy on Roma”, to promote empowerment and further integration of Roma in the socio-economic sphere, and for its participation in the regional initiative “Decade of Roma Inclusion 2005-2015”. In particular, the Committee welcomed the efforts made to involve Roma communities in the development and implementation of policies and programmes that affected them.

The Committee was concerned that, in accordance with article 9 of the Constitution, only “citizens” were equal before the law and entitled to exercise their freedoms and rights without discrimination. It also noted with concern that many applications for asylum or refugees status had been rejected due to alleged shortcomings in the application of refugee status determination mechanisms. The Committee also regretted the rendition under suspicion of terrorism of Khaled al-Masri, a German citizen of Lebanese origins, to a third country for purposes of detention and interrogation, and drew attention to its general statement on racial discrimination and measures to combat terrorism (A/57/18).

The Committee was deeply concerned about the difficulties that some Roma experienced in obtaining personal documents, including birth certificates, passports and other documents related to the provision of health insurance and social security benefits. Concerned also about the housing situation of Roma, the Committee recommended that the former Yugoslav Republic of Macedonia intensify its efforts in implementing the National Action Plan and the Operational Plan on Housing. In particular, it encouraged the State party to finalize as a matter of priority the adoption of the “Law on Legalisation”, the development and implementation of urban plans and the construction of new apartment blocks, and to ensure that appropriate funds were allocated for the realisation of those projects. With regard to the high drop-out rate in the secondary and higher levels of education among ethnic Albanian and ethnic Turkish children, the Committee encouraged the former Yugoslav Republic of Macedonia to improve the quality of teaching in Albanian and Turkish schools, inter alia by ensuring the availability of textbooks in minority languages, and the adequate training of teachers. The Committee also recommended an intensification of efforts to increase the levels of education of members of Roma communities, inter alia, by taking immediate steps to eliminate negative prejudices and stereotypes regarding Roma and their contribution to society and providing financial assistance to assist poorer families in covering the costs associated with education.

Liechtenstein

Among the many positive aspects in the second and third periodic reports of Liechtenstein, the Committee welcomed the adoption by Liechtenstein of a National Action Plan against Racism, in February 2003, and the establishment, in June 2002, of the Working Group for a National Action Plan against Racism (renamed the Working Group against Racism, Anti-Semitism, and Xenophobia in August 2005). The Committee noted with appreciation the establishment of the Office of Equal Opportunity and its accompanying Commission in February 2005. It noted with satisfaction the adoption, in November 2004, of the revised Ordinance on the Movement of Persons, in which the integration of foreigners was legally enshrined as a State objective, and the establishment, in November 2006, of the Task Force on Integration within the Office of Equal Opportunity. Also noted with appreciation was the establishment, in 2004, of the Working Group on the Integration of Muslims and various measures undertaken by the Working Group. The Committee noted with satisfaction the establishment, in 2001, of the Independent Commission of Historians, to study the role of Liechtenstein in the Second World War, and the publication, in 2005, of its final report. Further, it welcomed the establishment, in February 2007, of the Violence Protection Commission, aimed at developing a strategy against right-wing extremism. Finally, the Committee noted with appreciation that Liechtenstein had made the optional declaration provided for in article 14 of the Convention in March 2004.

The Committee encouraged Liechtenstein to consider the establishment of an independent national human rights institution, in accordance with the Paris Principles, which would, inter alia, contribute to monitoring and evaluating progress in the implementation of the Convention. The Committee noted with concern that, pursuant to the Act on Facilitated Naturalization (2000), citizenship was granted on the basis of 30 years of residence. It was also concerned that the fast-track procedure, which required five years of residence and a favourable popular vote in the municipality in which the applicant was resident, might be discriminatory. Concerned about the rise in xenophobic and right-wing tendencies among youths, and that a core group of Liechtenstein right-wing extremists were becoming increasingly networked with groups abroad, the Committee recommended that Liechtenstein undertake a sociological study of right-wing activities to acquire a more accurate picture of the problem and its root causes. The Committee was also concerned about the absence of a penal provision prohibiting racist organisations, in line with the requirements of article 4 (b) of the Convention.

The Committee noted with concern that the right to family reunification in Liechtenstein was dependent on financial capacity, which amounted to indirect discrimination against minority groups who tended to suffer from socio-economic marginalization. In addition to the intensive language classes to support the learning of the German language by migrant children and their parents, the Committee recommended that Liechtenstein consider additional measures to address the particular learning disadvantage faced by those children by, inter alia, ensuring that child support and other social services took into consideration the particular needs of parents of foreign origin, and the training of teachers in culturally sensitive teaching methods.

Antigua and Barbuda

Following its review of the initial to ninth periodic reports of Antigua and Barbuda, the Committee noted with satisfaction that the State party, in addition to the Convention, had ratified three of the core United Nations human rights treaties: the Convention against Torture; the Convention on the Elimination of Discrimination against Women; and the Convention on the Rights of the Child. The Committee commended Antigua and Barbuda for the establishment of the Office of the Ombudsman. It also noted with satisfaction the creation of a Legal Aid Clinic to assist the poor and underprivileged in gaining access to domestic courts. The Committee also noted with satisfaction the State party’s commitment to make every effort to guarantee that non-citizens, including economic migrants, could exercise their human rights without discrimination, and commended it for measures to offer a route to citizenship for all non-citizens who made a positive contribution to the country.

The Committee encouraged Antigua and Barbuda to consider withdrawing its declaration entered upon acceding to the Convention – that acceptance of the Convention did not imply the acceptance of obligations going beyond the constitutional limits, nor the acceptance of any obligations to introduce judicial processes beyond those provided in the Constitution. The Committee regretted the absence of a national human rights institution set up in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights. Furthermore, while noting the relative homogeneity of the population to date, the Committee was concerned about the lack of disaggregated statistical data on the number and economic situation of persons from all ethnic and national origins. In the absence of such statistical information, it was difficult to assess the extent of racial and ethnic discrimination within the territory, and how the Convention was being applied in practice.

The Committee was concerned that de facto segregation might result from private practices and certain social and economic conditions, which Antigua and Barbuda did not address. It requested that Antigua and Barbuda proceed with an analysis of the reasons behind the concentration of certain immigrant groups in distinct areas, and address any actions of private parties which might result in de facto segregation. The Committee also remained concerned about the absence of statistical data on the representation of ethnic minorities in public offices and government positions, and recommended that Antigua and Barbuda ensure that all ethnic minorities had adequate opportunities to participate in the conduct of public affairs at all levels. The Committee invited the State party to provide information on any complaints of racial discrimination which the Ombudsman had addressed, and to consider strengthening the implementation of her recommendations and findings. In addition, it recommended that Antigua and Barbuda disseminate broadly the substance of the Convention and step up efforts to make people aware of the opportunities they had to appeal against instances of racial discrimination.

Czech Republic

Concerning the sixth and seventh periodic reports of the Czech Republic, the Committee
welcomed the entry into force on 1 January 2007 of the Services Act, setting out the principle of equal treatment for all State employees with regard to conditions of service, remuneration and other financial payments, education and promotion. The Committee also welcomed the adoption of the new Employment Act of 2004, which prohibited direct and indirect discrimination in the enjoyment of the right to work, in particular on the grounds of race or ethnic origin, nationality, citizenship, descent, language and religion or belief. It further welcomed the assurances provided by the delegation that, under the new Education Act of 2004, basic education would be provided to all regardless of citizenship and legality of residence. The Committee also noted with satisfaction that the Czech Republic had ratified the European Convention on Citizenship and the Convention Relating to the Status of Stateless Persons in 2004, as well as the European Charter for Regional or Minority Languages in 2006.

The Committee noted that, when explaining the grounds of application of Sections 260, 261 and 261 (a) of the Criminal code, the report referred to “Nazi or Communist genocide”, and explained it by mixing up the ideas of hate crimes, racist propaganda and genocide with that of class struggle. Such confusion not only weakened the objective of fighting racial discrimination, but also politicized a phenomenon like genocide, which was abhorrent in itself. The Committee also urged the Czech Republic to ensure that the organization of, and participation in, racist concerts was prevented, prosecuted, and punished accordingly. In addition, the authorities should adopt a proactive and vigorous policy to ensure that such concerts did not take place, and impede the distribution of related propaganda.

The Committee reiterated its concern about information according to which Roma, in particular children, were subject to ill-treatment by police officers and were placed in detention and coerced into confessing minor crimes, and regretted that a new, independent system to investigate unlawful conduct by the police had yet to be established. The Czech Republic should significantly enhance its efforts to improve the relationship and mutual understanding between the Roma and the police, and ensure recruitment of members of Roma into the police and other law enforcement agencies. The Committee also urged the Czech Republic to ensure that hate speech against the Roma, by public officials or other persons, did not enjoy impunity. Noting with concern that women, a high proportion of whom were Roma, had been subjected to coerced sterilization, the Committee urged the Czech Republic to take strong action, without further delay, to acknowledge the harm done to the victims, to recognize the particular situation of Roma women in that regard, and to take all necessary steps to facilitate victims’ access to justice and reparation, including through the establishment of criminal responsibilities and the creation of a fund to assist victims in bringing their claims. The Committee was also deeply concerned by consistent information according to which the Roma suffered from racial segregation in the field of education, a situation that the Czech Republic did not seem to fully acknowledge. The Czech Republic should increase its efforts to assess the situation of the Roma in the field of education, develop effective programmes specifically aimed at putting an end to the segregation of Roma in that area, and ensure that Roma children were not deprived of their right to family life and to education of any type or any level.

Ethiopia

The Committee noted with satisfaction the adoption of the Constitution of Ethiopia in 1994, which included provisions on fundamental rights and freedoms enshrining the principle of equality and non-discrimination on grounds of race, nationality, social origin, colour, sex, language, religion, political or other opinion, property, birth or other status. The Committee expressed its appreciation for the recognition, under the Constitution, that every Nation, Nationality and People of Ethiopia had the right to speak and to develop its own language, as well as for the policy promoting those languages as “working” languages in several instances at the national level. It also noted with satisfaction the establishment of the Ethiopian Human Rights Commission and the Office of the Ombudsman in 2000, as well as the appointment of the Human Rights Commissioner and the Chief Ombudsman in 2004. The Committee welcomed the adoption of the Refugee Proclamation, affirming the principle of family unity and including explicit provisions on the protection of the most vulnerable categories of refugees.

Among general concerns, the Committee was alarmed by well-documented reports of grave incidents of racial discrimination and was deeply concerned that inter-ethnic conflicts could escalate to a much larger scale in the near future, fuelled by political tensions and violations of basic economic, social and cultural rights, and exacerbated by competition over natural resources, provision of food, access to clean water and agricultural land, thereby putting many ethnic groups at serious risk. In particular, the Committee noted that, according to information received, disputes were often resolved at the district or local level by religious or customary courts, which might have discriminatory consequences for members of some ethnic groups. The Committee was also concerned that the decentralized system of “ethnic federalism” in Ethiopia could lead to the displacement of persons as well as increase tensions between ethnic groups in regions where ethnic coexistence was a demographic feature. Furthermore, the Committee was concerned about the lack of recognition of the status of some of the reported 100,000 to 280,000 internally displaced persons in Ethiopia – most of them due to ethnic conflict – by the Ethiopian authorities and about the ongoing discrimination faced by those persons. The Committee was alarmed about information according to which military and police forces had been systematically targeting certain ethnic groups, in particular the Anuak and the Oromo, and reports of summary executions, rape of women and girls, arbitrary detention, torture, and destruction of property of members of those communities.

Concerned about the programme of voluntary resettlements of rural communities, the Committee recommended that Ethiopia adopt all necessary measures to ensure such resettlements occurred on a genuinely voluntary basis and guarantee to the resettled population non-discriminatory enjoyment of economic, social and cultural rights, in particular regarding adequate infrastructure for an effective improvement in their living conditions. Concerned about the discrimination faced by women, the Committee recommended that Ethiopia adopt all necessary measures to implement the legal provisions on equality, ensuring that women were not discriminated against on the ground of their gender and ethnic origin, and that it provide information in that regard in its overdue report, including on female genital mutilation and on the measures adopted to eradicate that persistent practice. Bearing in mind that Ethiopia hosted around 100,000 refugees, almost half of whom were children, the Committee recommended that it adopt adequate measures ensuring the right of equal access to education and training for refugees.

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