COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION OPENS SEVENTY-THIRD SESSION IN GENEVA
The Committee on the Elimination of Racial Discrimination this morning opened its seventy-third session at the Palais Wilson in Geneva, during which it will review the reports of Ecuador, Namibia, Togo, the Russian Federation, Germany, Austria, Switzerland and Sweden on how those countries are fulfilling their obligations under the International Convention on the Elimination of all Forms of Racial Discrimination. The Committee also heard an address by a representative of the United Nations High Commissioner for Human Rights, updating members on developments since their last session.
Bacre Ndiaye, Director of the Human Rights Council and Treaties Division of the Office of the United Nations High Commissioner for Human Rights (OHCHR), welcomed the nomination of the new High Commissioner, Ms. Navanethem Pillay of South Africa. In a round up of new developments, he noted that the sixtieth anniversary of the Universal Declaration of Human Rights was midway through its year-long campaign. The campaign engaged the whole United Nations system in promoting the Declaration's ideas and principles of justice and equality for all. On the Durban Review Conference, the Committee had submitted a number of recommendations as contributions to the preparatory process.
On the genocide monitoring mechanism in connection with the Durban Review Conference as well as the 60th anniversary of the Convention on Genocide in December this year, Mr. Ndiaye noted that the High Commissioner last month had explored ways to strengthen the Office of the High Commissioner for Human Rights' ability to prevent and punish genocide, the worst crime generated by discrimination and intolerance. In particular the Human Rights Council was urged to study the possibility of creating a dedicated mechanism to monitor the application of the Convention on Genocide; or the possibility of creating an inquiry procedure through an optional protocol to the Convention for the Elimination of Racial Discrimination, which would sound an early warning about situations at risk of degenerating into genocide.
In a discussion with Mr. Ndiaye, Committee Experts raised a number of issues in regard to the suggestion of creating a inquiry procedure which would sound an early warning about situations at risk of degenerating into genocide; States' ratifications of the Convention and recent developments on the application of article 14 under the Convention; dialogue with States parties and the strengthening of the relationship with States parties; and concerns about the Universal Periodic Review, specifically with regard to resources available to treaty bodies.
The Committee also held a dialogue with representatives from the National Institutions Unit of the Office of the High Commissioner for Human Rights, the Equality Team in the International Labour Organization, and the Protection Policy and Legal Advice Section of the Office of the United Nations High Commissioner for Refugees.
The Committee took note of the candidature of Arnold Skibsted of Denmark following the resignation of Committee Expert Morten Kjaerum of Denmark, but decided to take action on it at a later time.
The Committee will resume its work in public at 3 p.m. this afternoon in order to start consideration of the combined seventeenth, eighteenth and nineteenth periodic reports of Ecuador.
Statement by Representative of High Commissioner for Human Rights
BACRE NDIAYE, Director of the Human Rights Council and Treaties Division of the Office of the United Nations High Commissioner for Human Rights (OHCHR), welcomed the nomination of the new High Commissioner Navanethem Pillay of South Africa and said he was confident that it was good news as she would hold the fight against racial discrimination among her utmost priorities. He noted with interest that there had never been a High Commissioner from Africa or Asia, and in the person of the new High Commissioner they now had both these backgrounds combined. In a round up of new developments, he noted that the sixtieth anniversary of the Universal Declaration of Human Rights was midway through its year-long campaign. The campaign engaged the whole United Nations system in promoting the Declaration's ideas and principles of justice and equality for all. On the Durban Review Conference, which was scheduled for next year, the Committee on the Elimination of Racial Discrimination had submitted a number of recommendations as contributions to the preparatory process. In the meantime, a regional preparatory meeting for Latin America and the Caribbean was held in Brasilia last month, and a regional meeting for the African States would be held in Abuja, Nigeria, from 24 to 26 August 2008. The outcome of the Brasilia meeting, among other things, stressed the need to strive for universal ratification of the Convention.
Mr. Ndiaye further noted the genocide monitoring mechanism in connection with the Durban Review Conference as well as the 60th anniversary of the Convention on Genocide in December this year. The High Commissioner last month had explored ways to strengthen OHCHR's ability to prevent and punish genocide, the worst crime generated by discrimination and intolerance. In particular the Human Rights Council was urged to study the possibility of creating a dedicated mechanism to monitor the application of the Convention on Genocide; or the possibility of creating an inquiry procedure through an optional protocol to the Convention for the Elimination of Racial Discrimination, which would sound an early warning about situations at risk of degenerating into genocide.
Turning to the treaty body system, in particular the Seventh Inter-Committee Meeting and the Twentieth Meeting of Chairpersons of treaty bodies, which took place from 23 to 27 June, he said they had focused on the working methods of treaty bodies, including possibilities for further harmonization between the Committees on this and other matters. A recommendation had been made that the meeting be held twice annually in future. Further, the Universal Periodic Review's links and cross-over to treaty body mechanisms was extensively discussed last month during the Inter-Committee and Chairperson Meetings. In the Universal Periodic Review process, the information contained in concluding observations of treaty bodies formed an important part of the information compiled by the Office of the High Commissioner for Human Rights as an input, which was used in reviews, final reports for recommendations and ratification of human rights treaties.
On developments regarding other international human rights instruments and treaty bodies, Mr. Ndiaye said that an important new development entered into force on 3 May 2008 with the Convention on the Rights of Persons with Disabilities and its Optional Protocol. As such a new treaty body had been created. Further, the Conference of States parties was scheduled to meet for the first time on 3 November 2008 in New York where the members of the new Committee would be elected. The final text of the Optional Protocol on an individual complaints procedure under the International Covenant on Economic, Social and Cultural Rights was adopted by the Working Group on 4 April 2008, and had been transmitted to the General Assembly after adoption by the Human Rights Council. On the promotion of the Committee's work and training activities, challenges remained in making the treaty body system more visible and accessible. The Office of the High Commissioner for Human Rights aimed to ensure that training workshops both in the area of reporting and implementation were held on a regular basis. It was hoped that technical cooperation in the field of treaty bodies was more systematic and sustainable. Further, he noted that a meeting on enhanced cooperation and interaction with United Nations specialized agencies, funds and programmes on treaty reporting and follow-up processes had been scheduled to meet in the second half of 2008. He wished the Committee every success in the important work of the session and pledged the full support and commitment of the Office of the High Commissioner for Human Rights.
In a discussion with Mr. Ndiaye, Experts raised a number of issues. In regard to the suggestion of creating a inquiry procedure which would sound an early warning about situations at risk of degenerating into genocide, Experts suggested that a wider study, basic documentation of genocide and early warning indicators in addition to the Committee's criteria on such indicators should be consulted in the work of this area. On the number of States and ratifications of the Convention and the state of affairs on the application of article 14 under the Convention, it was asked if there had been any new developments in this area and if updates could be provided. On dialogue with States parties, a Committee Expert asked how could the Committee increase dialogue and strengthen the relationship with States parties. It was noted by an Committee Expert that during the inter-committee meeting a problem was raised with regard to the Universal Periodic Review, it was viewed as a complimentary mechanism, but despite this, concern was expressed about resources; whether sufficient resources were made available to treaty bodies, and if the resources were being diverted from the treaty bodies and as such the treaty bodies were not effectively serviced.
In responding to concerns and issues raised by Committee Experts, Mr. Ndiaye said that, on the question of genocide, the Committee was the only treaty body that had an early warning mechanism for genocide, but it was clear that it was one thing to have information and it was another to call the alarm and lastly to move for action. The people providing the information were not present during the decision making process and as such a link much be created. A link between the Committee and the decision makers was imperative for action to be taken before a situation degenerated into genocide. On the linkages between the treaty body and the States parties, he noted that the Office of the High Commissioner for Human Rights reviewed all States parties being considered and noted all the reservations made by the States parties; this information was made public and the States parties obligations under the treaty bodies were monitored carefully.
On the question of new developments with regard to article 14, Mr. Ndiaye said that both San Marino and Kazakhstan had recently adopted article 14, and there were now 53 States parties who were signatories. Further, other activities which encouraged dialogue and adoption of the Convention with regard to States parties were evident through field presence and the Office of the High Commissioner for Human Rights' ongoing promotion of treaties and the production of timely reports and the interest Member States had in doing so with cooperation of national institutions and non governmental organizations who helped push things forward for States' ratification and dialogue. Moreover, the Universal Periodic Review was another mechanism to influence a move for States parties to produce their reports.
On the adoption of the agenda a Committee Expert suggested that a briefing with members of the secretariat who organized the Universal Periodic Review and the Durban Review process should be included. A Committee Expert noted that in Italy the Roma were experiencing difficult situations. The Roma were subjected to legislative measures in Italy and therefore the Expert suggested including a meeting of the Working Group on Urgent Measures to address this issue. The additions mentioned by Committee Experts were added to the agenda, following which the agenda was adopted.
Dialogue with Representatives of Other United Nations Bodies
LIZA SEKAGGYA, of the National Institutions Unit of the Office of the High Commissioner for Human Rights (OHCHR), said that OHCHR closely monitored compliance of the National Human Rights Institutions with the Paris Principles. The new OHCHR Strategic Management Plan of 2008-2009 listed as the first global indicator, the number of “A” status National Human Rights Institutions or National Human Rights Institutions that had been strengthened by the Office who were in line with the minimum international standards relevant to National Human Rights Institutions. OHCHR provided secretariat support to the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights which was made up of over 100 National Human Rights Institutions – 60 of which had “A” status. Central to the responsibilities of the International Coordinating Committee was to asses whether National Human Rights Institutions were in compliance with the Paris Principles (a list of responsibilities for national institutions) and to accredit them with a specific status. She recommended that the Committee strengthen cooperation with the National Human Rights Institutions in concluding observations and recommendations.
SHAUNA OLNEY, Coordinator of the Equality Team in the International Labour Organization, said that, with respect to follow-up of the Durban Conference, the International Labour Organization had been active during the Durban process in 2001 and was preparing for the Review Conference on Racism, Racial Discrimination, Xenophobia and Related Intolerance in April 2009. The Durban Declaration and Programme of Action covered many International Labour Organization concerns and also specifically requested the International Labour Organization to address racism and racial discrimination in the world of work through its means of action. The International Labour Organization would be contributing to the Preparatory Conference in October of this year, as well as to the Review Conference. It had focused on eliminating discrimination in the world of work as a core aspect of the Decent Work agenda, and in light of the special emphasis given to non-discrimination in the International Labour Organization Declaration on Social Justice for a Fair Globalization, 2008.
The International Labour Organization’s Committee of Experts examined the application of the Convention No. 111 in Austria in 2007. The Committee noted the preparation of a model anti-discrimination workplace agreement and a pilot project to provide inter-cultural training to labour market service officers. In 2006, the Committee of Experts examined the application of Conventions No.111 and 169 in Ecuador and specifically on Convention No. 169 it continued to follow-up on the recommendations of the Governing Body of 2001, regarding the representation concerning the failure to hold consultations with representative institutions of the Shuar people with respect to the granting of contracts by the State to individual contractors to carry out oil exploration and exploitation activities. The Government requested assistance from the International Labour Organization to give effect to the recommendations. In 2006 the Committee noted with interest the entry into force of the General Equal Treatment Act and the Soldiers Equal Treatment Act, which addressed discrimination based on ethnic or racial origin in Germany. The Committee requested information on how workplace agreements had been used to contribute to the integration of foreign workers and the Industrial Relations Act. The Committee of Experts had requested that Namibia provide more information on the new Labour Act 2007, which had not yet entered into force. The Committee welcomed the continuing efforts made in Namibia to assess and strengthen national policies and mechanisms to promote equality in employment and occupation. In 2007, the Committee examined the application of Convention No 111 in the Russian Federation. It noted that new legislation no longer provided for the possibility of petitioning the labour inspectorate where discrimination was alleged. The Committee examined the application of Convention No.111 in Sweden in 2007 and noted that the ethnic discrimination ombudsperson received 594 complaints concerning discrimination in the workplace out of which 280 were made by job applicants.
DANIELA CICCHELLA, Senior Liaison Officer in the Protection Policy and Legal Advice Section of the Office of the United Nations High Commissioner for Refugees, said OHCHR was pleased with the concrete measures that Ecuador had taken and stressed the importance of continued action in the area of new legislation adopted for the protection and promotion of the indigenous and afro-Ecuadorian people. The enhancement and strengthening of the legal system was noted with great importance; it was the most effective way to ensure that people in most need were protected. The integration of refugees and education of children was a common issue amongst the States being reviewed. Germany was noted as an example of where new legislation on the Residence Act had been implemented with an aim to integrate refugees. Further in both Germany and Sweden legislation was adopted on education of children and more information on time lines in which children were allowed to remain in the country had been requested. Austria was noted for its recent enforcement of training programmes for police forces to minimize and eliminate xenophobia. Further, the Office of the United Nations High Commissioner for Refugees had called on a number of States to identify ways in which they had been addressing xenophobia.
In the discussion on the statements presented, a Committee Expert asked with regard to the recent events in South Africa if more information was available on what humanitarian measures had been made from The Office of the United Nations High Commissioner for Refugees.
In response to the questions raised by the Committee Expert, Ms. Cicchella said that there were a number of emergency missions deployed to expedite efforts in coordination with the Government. There were more details on the Office of the United Nations High Commissioner for Refugees's website.
For use of the information media; not an official record
CRD08015E