CIVIL SOCIETY REPRESENTATIVES BRIEF COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION ON SITUATION IN SPAIN AND RWANDA

The Committee on the Elimination of Racial Discrimination this morning heard from civil society representatives about the situation in Spain and Rwanda, ahead of the Committee’s review of the reports of these countries this week.

Oman will also have its report considered by the Committee this week, but there were no non-governmental organizations present to talk about the situation there.

Representatives of non-governmental organizations (NGOs) from Spain regretted the lack of policies targeting specifically the needs of persons with African descent, and called on the Committee to address the issue of past colonial crimes by Spain against native American communities.

On Rwanda, an NGO underlined the vulnerability of the Batwa community in Rwanda, which had been forcibly evicted from its lands and faced forced assimilation by the authorities.

Speaking on the situation in Spain were the following non-governmental organizations: Asociación Afrohispanos and Apache-Ndé-Nneé Working Group. The NGO Youth Potters Development Organization spoke about the situation in Rwanda.

Next week, the Committee will review the reports of Georgia, Azerbaijan and Namibia; it will hear from NGOs on the situation in those countries on Monday, 2 May at 10 a.m..

The Committee will reconvene this afternoon at 3 p.m., to start its consideration of the combined twenty-first to twenty-third periodic report of Spain (CERD/C/ESP/21-23).


Statements on Spain

GUILLERMO PONCE MORALES, Asociación Afrohispanos, stressed that the Spanish State, starting in 2005, had received an avalanche of migrants in the country. There had been a good integration of these migrants in general, but there was a lack of cross-cutting policies targeting the needs of people of African descent. He regretted the indifference by the State with regard to legal proposals urging it to ensure a better representation of persons of African descent within bodies working on non-discrimination and migration. The State had failed to support initiatives by representatives of people of African descent in the context of the Decade for People of African Descent.

MICHAEL PAUL, Apache-Ndé-Nneé Working Group, said that his organization focused on Spain’s historical accountability for its colonial genocide in Latin America, and called on the Committee to address this issue. He said that the legacy of Spain’s colonialist policies, including the theft of lands, continued to have an impact on the lives of indigenous peoples today. The Committee should support indigenous peoples’ right to self-determination, their right to know and their right for redress. Spain should participate in a historical dialogue with Apaches and provide reparation for its past colonialist policies, return lands and ensure accountability for enslavement, servitude and domination of the Apache population.


Discussion

PASTOR ELIAS MURILLO MARTINEZ, Committee Member and Country Rapporteur for Spain, thanked the representatives of non-governmental organizations for their comments, and asked for concrete examples of policies that should be adopted by Spain to better address the needs of persons of African descent. He asked whether the representative of the Apache non-governmental organization was referring to specific territories when he mentioned the need for Spain to return lands.

Another Committee Member asked for the NGOs’ view on Spain’s integration policy, which seemed to sometimes “mask” minorities’ cultures.

She referred to what seemed to be “excessive policing”, which she had witnessed during a visit to Madrid during Spain’s national day, and asked what was its impact on persons of African descent.

Another Expert referred to the Decade of People’s with African Descent, and its call on States to acknowledge and teach the history of colonialism and human trafficking.

An Expert asked whether it was true that a ten-year residency was required for Afro-Spanish populations to obtain the Spanish nationality.

An Expert asked whether persons of African descent benefited from a more favourable regime in some of Spain’s autonomous regions.

Experts raised questions with regards to the situation of children of African descent born in Spain.

Was there any affirmative action, such as quotas, taken by Spain to strengthen the representation of disadvantaged communities?

An Expert noted the existence of “ghetto schools” in Spain, where students were mostly foreigners and gypsies.

Were there still racist publications in Spain, in particular against Latin American people?

An Expert noted the lack of accountability for pollution and negative environmental impact resulting from the activities of Spanish companies in Latin America.

GUILLERMO PONCE MORALES, Asociación Afrohispanos, said that the Spanish Constitution prevented the compilation by the State of statistics disaggregated by ethnicity or religion. He regretted the lack of representation of persons of African descent in the media and in Parliament. Speaking of his own experience as a person of African descent, he explained that he had faced challenges obtaining loans from banks. He underlined the importance for the Spanish Government to encourage the participation of persons of African descent in decision-making. Referring to “excessive policing”, he noted that people of African descent were excessively subjected to racial profiling. There was a two-year residence requirement for Latin American people to receive the Spanish nationality. People from other parts of the world however were required to have resided in Spain for at least 10 years to obtain the Spanish nationality. Policies towards minorities were better in autonomous regions with socialist Governments. Children in Spain were in general very well protected, and had access to education. There was a law imposing quotas for the participation of women in the political and economic sectors, he said, but the political parties were reluctant to adopt a similar approach for ethnic minorities. There should be specific scholarships for minorities, and set-aside seats in Congress. The “school ghettos” unfortunately still existed. The legislation on education was regularly modified by alternating Governments, which led to instability in this sector. Negative racial stereotypes continued in Spain. Spanish companies in Latin America focused more on their own profit than on contributing to the national development of these countries.

MICHAEL PAUL, Apaché-Ndé-Nneé Working Group, said that his people were living in reservations and faced higher rates of cancer. He said that Apache tribes were being separated from one another, making it harder for them to have unified reparation requests.

Statement on Rwanda

NIYOMUGABO HDEPHONSE, Youth Potters Development Organization, referred to the vulnerability of the Batwa minority in Rwanda, composed of around 35,000 people. Batwa people had had their rights violated. They had lost their forest habitat, and no alternative measures had been provided to them. Measures were required to ensure that the Batwa community regained access to its traditional lands. The lack of representation of the Batwa community was also a matter of concern. The Government continued to refuse acknowledging the existence of the Batwa community in Rwanda, and continued its policy to forcibly assimilate its members. The Batwa continued to be discriminated against, and to be underrepresented at the local and national level. The level of education was very low among the Batwa. They were often not aware of their rights, and did not know how to submit complaints when their rights were violated. There should be a policy to protect the rights of the Batwa, combat discrimination against them, and return their traditional lands.

Discussion

AFIWA-KINDENA HOHOUETO, Committee Member and Country Rapporteur for Rwanda, asked how members of the Batwa community were relocated after they had been forcibly evicted from their traditional land. She noted that Rwanda’s assimilation policies had led to minorities not being recognized.

Another Expert asked how the relations between the Hutu and the Tutsi communities affected the situation of the Batwa community. Was the current situation faced by the Batwa community the direct result of the Rwanda genocide or of past colonialism?

Experts also asked about the socio-economic and healthcare conditions of the Batwa community.

NIYOMUGABO HDEPHONSE, Youth Potters Development Organization, said that there was no specific land provided specifically to the Batwas. After their forced eviction, Batwas had been forced to live by begging and assimilating with other communities. There was no mechanism for ensuring the protection of the Batwa identity, and this community would eventually disappear. There had been a denial of ethnic groups since the genocide.

Another representative of the Youth Potters Development Organization said that the Batwa community was often “forgotten” from the list of beneficiaries of the national health insurance programme. National legislation and local social programmes were not designed to address the needs of the Batwa people. Some of the Batwa were killed during the genocide in Rwanda. He said that the Government had rejected all recommendations pertaining to the situation of the Batwa people during its last Universal Periodic Review. The Government needed to recognize the existence of the Batwa people, and to end its marginalization. The Batwa should not be considered an ethnic group but an indigenous group.


For use of the information media; not an official record

CERD16/003E