COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS SITUATION IN NICARAGUA, REPUBLIC OF CONGO UNDER REVIEW PROCEDURE

The Committee on the Elimination of Racial Discrimination this morning considered the situation in Nicaragua and the Republic of the Congo under its review procedure for countries whose reports are seriously overdue. It received a preliminary report from Nicaragua, and heard statements from delegations from both countries.

Presenting a preliminary report, Alicia Martin, Permanent Representative of Nicaragua to the United Nations Office at Geneva, said there had been a number of reasons for Nicaragua's delay in submitting its report, including a change of Government and a lack of financial resources. Nicaragua would submit its report in June 2007. Since its last report, in 1995, Nicaragua had adopted a number of legislative measures to give effect to the obligations under the Convention. Among the most important of those was the Regulation Regarding Autonomy, which entered into force in 2003, and which defined the juridical, political and economic autonomy of the indigenous communities of the Atlantic coast. In that same year, the law on common property for ethnic communities and indigenous peoples of the Atlantic coast came into force. That law granted communities the right to the natural resources found on their lands, including forestry, mining and fishing resources.

Concerning the Congo, Delphine Bikouta, First Councillor of the Permanent Mission of the Republic of the Congo to the United Nations Office at Geneva, said that it was true that the Congo should have submitted its initial report to the Committee on 10 August 1989. However, changes taking place in the Human Rights Ministries had had a significant impact on the Congo's ability to fulfil its obligations. In particular, the lack of experienced officials had been acutely felt. Furthermore, the decade following its ratification of the Convention had been a particular painful one for the Congo. At present, no national measure to implement the Convention had been decreed. However, there was no fundamental racial problem as such in the Republic of the Congo. What they encountered, rather, were occasional, benign ethnic problems. The Government had been pursuing a policy of integration and protection of the Pygmy peoples, in close collaboration with the Office of the United Nations High Commissioner for Human Rights. The Government had also drafted a law on indigenous peoples, which was the first of its kind in Africa. Finally, the Government intended to organize the first international conference on indigenous peoples in Brazzaville in the near future.

The Committee will announce its decision on what action it will take with regard to Nicaragua and the Republic of the Congo at the end of its session, which concludes on 9 March.

When the Committee reconvenes at 3 p.m. it is scheduled to take up the tenth to thirteenth periodic reports of Israel (CERD/C/471/Add.2).

Statement by Nicaragua

Presenting a preliminary report, ALICIA MARTIN, Permanent Representative of Nicaragua to the United Nations Office at Geneva, said she was here in a spirit of cooperation and dialogue and they hoped to find solutions together, and positive recommendations for the fulfilment of the Convention. She regretted that Nicaragua was behind in submitting its periodic reports. There had been a number of reasons, including a change of Government and a lack of financial resources. The Ministry of Foreign Affairs, which was responsible for reporting, had set up a special unit to respond to human rights treaty obligations in the middle of 2006, thanks to funds provided by the Government of Denmark. Nicaragua also wished to thank the Office of the High Commissioner for Human Rights, which had provided technical assistance for a workshop on the drafting of reports, which had been held in July 2006. Nicaragua would submit its report in June 2007, and it asked for the Committee's understanding in that regard.

Ms. Martin said the Constitution of 1987 recognized the multiethnic nature of Nicaraguan society and the collective identity of indigenous peoples and ethnic communities, and gave them a legal framework for their protection. Also in 1987, the Statute of Autonomy of indigenous peoples of the Atlantic Coast was promulgated, establishing, among other things, autonomous governing bodies, defining their relationship with the federal executive and legislative branches, and setting out their rights.

In terms of the population, Ms. Martin said that Nicaragua had some 5 million inhabitants, living in three regions: the Pacific region, in which 54 per cent lived; the Central and Northern regions, encompassing 32 per cent of the population; and the North Atlantic or Caribbean region, in which just 14 per cent lived. The latter region was divided into two autonomous regions: the Northern Atlantic and the Southern Atlantic, in which the majority of Nicaragua's indigenous and afro-descendant communities lived. The indigenous population represented 5.3 per cent of the total population, and was made up of individuals from the Miskitus, Mayangnas, Garifuna and Ramas ethnic groups.

Since 1995, when it had last presented its report, Nicaragua had adopted a number of legislative measures to give effect to the obligations under the Convention. The most representative of those, Ms. Martin said, was the Regulation Regarding Autonomy, which entered into force in 2003, which defined not only the juridical, political and economic autonomy of those communities, but also guaranteed, for example, that ethnic minorities in the region could engage in such activities as mining, energy exploitation, handicrafts, traditional medicine, banking, trade and so on, as long as they had been approved by the Regional Council. In that same year, the law on common property for ethnic communities and indigenous peoples of the Atlantic coast came into force. That law granted communities the right to the natural resources found on their lands, including forestry, mining and fishing resources.

In 1996, a law on a Human Rights Ombudsman created special indigenous prosecutors for indigenous communities, and in May 2006 two indigenous prosecutors for the communities of the North and South Atlantic had been appointed. Among the principle activities of the indigenous prosecutors was to work towards the creation of the National Commission for the Fight against Racism and Discrimination, or the Post-Durban Commission.

Ms. Martin also wished to highlight, among the many other laws that had been enacted in this sphere, a law on the official use of languages of the communities of the Atlantic Coast, and a decree establishing a National Day for the Garifuna People.

In addition to legislation, a major programme had been adopted which was designed to improve the health of all Nicaraguan citizens, with particular emphasis on the inhabitants of the Atlantic regions. In terms of education, after a long process of reform, a general law on education had been adopted which contained provisions regarding indigenous communities. Regarding university education, Ms. Martin noted the establishment of two new universities in the region: the Bluefields And Indians Caribbean University and the University of the Autonomous Regions of the Caribbean Coast.

In the economic field progress had also been made, Ms. Martin said. Coordination between the Ministry of Foreign Affairs, the Ministry of Trade and Industry and the Autonomous Regional Councils had been improved, with a view to establishing a regional forum in which a regional development plan would be elaborated.

That UN system had recognized progress made in Nicaragua. UNDP had hailed the reforms regarding the Atlantic Coast as a guarantee for regional peace and security.

Dialogue with Experts

Following the delegation's presentation, an Expert welcomed the information provided on progress made regarding indigenous peoples in Nicaragua. He wondered, however, about the decision of Nicaraguan courts that refused to recognize the right of the Awas Tingni community to their ancestral lands. Another Expert was concerned to know if the Indigenous Prosecutors, which replaced the Ombudsman in the Atlantic regions, had the same powers as the Ombudsman.

Ms. Martin responded that the current disposition regarding the Awas Tingni was discussed at length in the preliminary report. She also confirmed that the Indigenous Prosecutor had all of the powers of an Ombudsman

Statement by the Republic of the Congo

DELPHINE BIKOUTA, First Councillor of the Permanent Mission of the Republic of the Congo to the United Nations Office at Geneva, said that it was true that the Congo should have submitted its initial report to the Committee on 10 August 1989. However, that should not be understood as owing to a lack of good will on the part of the Government. The Congo had been sparing no effort to fulfil its international obligations, despite its lack of resources and difficulties related to internal dysfunctions. Indeed, the changes taking place in the Human Rights Ministries had had a significant impact on their ability to fulfil their obligations. In particular, the lack of experienced officials had been acutely felt.

Furthermore, Ms. Bikouta stressed that the decade following its ratification of the Convention had been a particular painful one for the Congo.

At present, no national measure to implement the Convention had been decreed. However, Ms. Bikouta observed that there was no fundamental racial problem as such in the Republic of the Congo. What they encountered, rather, were occasional, benign ethnic problems.

The Government had been pursuing a policy of integration and protection of the Pygmy peoples, in close collaboration with the Office of the United Nations High Commissioner for Human Rights (OHCHR). Ms. Bikouta said that the Government had prepared a law on indigenous peoples, which was the first of its kind in Africa. They had also commemorated the tenth anniversary of the Day of Solidarity with Indigenous Peoples on 9 August 2005, and the Government intended to continue down that path by organizing the first international conference on indigenous peoples in Brazzaville in the near future.

Ms. Bikouta, acknowledging the valuable contribution of technical assistance provided by the Committee and OHCHR in preparing their report, wished to request support for the elaboration of a core document as well.

The Congo reiterated its determination to pursue a policy to eliminate all forms of racial discrimination, and Ms. Bikouta hoped the Committee would grant a further extension so that they could submit a good report.

Questions by Experts

The floor was then given to Experts for questions. An Expert wished to draw attention to the delegation's statement that there were no racial problems in the Congo, only ethnic issues. In that connection, he recalled that race was not the sole criterion for discrimination to be considered under the convention, and ethnic discrimination was also within the Committee's remit.