COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION OPENS SEVENTIETH SESSION

The Committee on the Elimination of Racial Discrimination this morning opened its seventieth session at Palais Wilson in Geneva. The Committee adopted its agenda and programme of work for the session, during which it will consider the reports of Antigua and Barbuda, Canada, Czech Republic, India, Israel, Liechtenstein and the former Yugoslav Republic of Macedonia. The Committee also heard an address by Bacre Waly Ndiaye, Director of the Division of Human Rights Procedures at the Office of the High Commissioner for Human Rights.

In opening remarks, Mr. Bacre Waly Ndiaye observed that, since the Committee's last session, two States had become party to the Convention on the Elimination of Racial Discrimination – Andorra and Saint Kitts and Nevis – and three States parties had made the declaration under article 14 (recognizing the competence of the Committee to consider communications from individuals) – Andorra, Argentina and Morocco.

On the issue of follow-up to the World Conference against Racism, Mr. Bacre noted that the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action had requested the appointment of five experts to produce a document outlining the substantive gaps in the Convention, and to make concrete recommendations on the means and avenues to bridge those gaps. The five experts had met for the first time in Geneva on 21 and 22 January 2007. During its session, the Committee would be discussing the contribution requested from it by the Working Group. The Human Rights Council had also established an Ad Hoc Committee on the Elaboration of Complementary Standards in the form of either a new convention or additional protocols to the Convention, to fill the existing gaps and also to provide new normative standards aimed at combating all forms of contemporary racism, including incitement to racial and religious hatred. The first session of the Ad Hoc Committee was to be held before the end of 2007.

Turning to the activities of the Committee during the present session, Mr. Bacre noted that the Committee would examine 8 State party reports and several country situations under its early warning and urgent action procedures as well as under the review procedure. In addition, they would examine two communications under article 14 and would review the reports of States parties that had submitted information on the implementation of the Committee's recommendations under its follow-up procedure. Apart from its meeting with the five experts already mentioned, The Committee would also have the opportunity to meet with the Independent Expert on Minority Issues, Gay McDougall. Finally, the Committee would start discussing revised guidelines regarding the form and contents of reports to be submitted to States parties.

Later in the morning, the Committee approved by consensus the names of the two experts to serve for the remainder of the terms of Agha Shahi of Pakistan, who had died, and Ralph Boyd of the United States, who had resigned. The Committee then heard solemn declarations from the two new members – Anwar Kemal of Pakistan and Pierre-Richard Prosper of the United States – that they would perform their duties and exercise their powers as members faithfully, impartially and conscientiously.

Following the swearing in of the new members, the Committee observed a minute of silence in tribute to the memory of former Committee member, Agha Shahi.

The Committee also discussed a number of administrative decisions. It was decided that Arabic would hereafter be considered as an official language of the Committee, and interpretation in Arabic would be provided at meetings of the Committee as of tomorrow.

In addition, following a request for postponement by the Democratic Republic of the Congo, which had been scheduled to present its report during this session, the Committee decided to draft a series of questions to which the Democratic Republic of the Congo was to reply in two months, and to remind the Democratic Republic of the Congo that it would be expected to send a delegation to present an updated report at the Committee's August session.

When the Committee next reconvenes in public, at 10 a.m., on Tuesday, 20 February, it is scheduled to discuss the issue of reporting guidelines for States parties.

Statement

BACRE WALY NDIAYE, Director of the Division of Human Rights Procedures at the Office of the High Commissioner for Human Rights (OHCHR), said that, since the Committee's last session, two States had become party to the Convention – Andorra and Saint Kitts and Nevis – and three States parties had made the declaration under article 14 (recognizing the competence of the Committee to receive and consider communications from individuals) – Andorra, Argentina and Morocco.

As everyone knew, the wide-ranging body of human rights norms and standards had been enriched with the adoption of two new instruments, and OHCHR would ensure support of the two independent monitoring mechanisms provided for by those new treaties. On 13 December 2006, the General Assembly had adopted the International Convention on the Protection of All Persons from Enforced or Involuntary Disappearances, as well as the International Convention on the Rights of Persons with Disabilities and its optional protocol. Mr. Bacre wished to highlight the importance of the Convention that would represent the proper framework to address the often-neglected rights of an estimated 10 per cent of the world's population, some 650 million people. He thought that they had every reason to rejoice in the explicit connection that that new instrument made between needs and rights. A new milestone had been reached in the pursuit of substantive equality through its adoption.

In addition, on 20 December 2006, the General Assembly had adopted the International Convention for the Protection of All Persons from Enforced Disappearances. The Convention affirmed the right of victims – including families of those abducted – to know the truth about the disappeared person, and to claim reparation for the harm inflicted on them. The treaty would enter into force after 20 States ratified it. The text had been opened for signature on 6 February 2007, and so far 57 States had signed the Convention, Mr. Bacre noted.

The Committee on the Elimination of Discrimination against Women was also expected to meet in Geneva in the near future, Mr. Bacre continued. Furthermore, the Subcommittee for the Prevention of Torture established under the Optional Protocol to the Convention against Torture would hold its first session in Geneva starting this week. That monitoring mechanism was significantly different from those established by other UN treaties, since it established a system of preventive visits, to be carried out in a complementary manner by independent international experts.

On the issue of follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (the Durban Conference), Mr. Bacre noted that the Intergovernmental working group on the Effective Implementation of the Durban Declaration and Programme of Action had requested the appointment of five experts whose mandate was to produce a base document outlining the substantive gaps in the Convention and to make concrete recommendations on the means and avenues to bridge those gaps. The five experts had met for the first time in Geneva on 21 and 22 January 2007, and their report would be finalized before the end of June 2007. During this session, the Committee on the Elimination of Racial Discrimination would be discussing the contribution requested from it by the Intergovernmental Working Group on possible measures to strengthen implementation through recommendations or the update of its monitoring procedures. Two members of the Committee would also take part in the discussion of the Intergovernmental Working Group.

In a resolution on global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive follow-up to decision of the Human Rights Council to the Durban Conference and the effective implementation of the Durban Declaration and Programme of Action, the Council had decided to establish an Ad Hoc Committee on the Elaboration of Complementary Standards in the form of either a convention or additional protocols to the International Convention on the Elimination of all Forms of Racial Discrimination, filling the existing gaps in the Convention and also providing new normative standards aimed at combating all forms of contemporary racism, including incitement to racial and religious hatred. In that connection, Mr. Bacre observed that the first session of the Ad Hoc Committee was to be held before the end of 2007.

Following a resolution adopted by the Third Committee, the Human Rights Council adopted a resolution on 8 December 2006 in which it was decided that the Council would act as the Preparatory Committee for the Durban Review Conference, and that the first organizational session would be held for one week in May 2007. Furthermore, two substantive sessions of 10 days each would be organized in 2007 and 2008 in Geneva, Mr. Bacre said. The Committee on the Elimination of Racial Discrimination, along with other relevant stakeholders, had been requested by the Council to assist that Preparatory Committee.

Turning to the reform of treaty bodies, Mr. Bacre informed members that, as a follow-up to the recommendations of the Fifth InterCommittee Meeting and the Eighteenth Meeting of Chairpersons of Treaty Bodies, the Working Group on Reservations had met on 14 and 15 December 2006. The report of the working group had been included in the Committee members' files, and Patrick Thornberry, the Committee Expert from the Committee on the Elimination of Racial Discrimination that had participated in that meeting, would provide detailed information on that meeting's outcome.

OHCHR continued to strive to place more emphasis on country-level action, Mr. Bacre said, including in relation to the implementation of Committees' recommendations. In that context, OHCHR had organized a seminar on technical cooperation and follow-up to Concluding Observations on 9 and 10 November 2006 in Geneva. The meeting had been attended by treaty body and special procedures experts, including Committee on the Elimination of Racial Discrimination Expert Morten Kjaerum. Recommendations had been formulated on the respective role of the above-mentioned actors with a view to enhancing the impact of the treaty bodies on the country level. A report of that seminar would be distributed as soon as it was finalized.

Turning to the activities of the Committee during the present session, Mr. Bacre noted that the Committee would examine 8 State party reports and several country situations under its early warning and urgent action procedures as well as under the review procedure. In addition, they would examine two communications under article 14 and would review the reports of States parties that had submitted information on the implementation of the Committee's recommendations under its follow-up procedure. Apart from the meeting with the five experts appointed to look into the issue of complementary standards previously mentioned, the Committee would also have the opportunity to meet with the Independent Expert on Minority Issues, Gay McDougall. Finally, the Committee would start discussing revised guidelines regarding the form and contents of reports to be submitted to States parties.

Finally, Mr. Bacre wished to inform members that, since the beginning of this year, Ms. Kyung-wha Kang had taken up her functions as Deputy High Commissioner.