COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES SIXTY-EIGHTH SESSION

The Committee on the Elimination of Racial Discrimination today concluded its sixty-eighth session, issuing its concluding observations and recommendations on the reports of Mexico, Lithuania, Bosnia and Herzegovina, Guatemala, El Salvador, Uzbekistan, Guyana and Botswana on how they implement the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.

After considering the twelfth to fifteenth periodic reports of Mexico, the Committee welcomed the State party’s declaration under article 14 of the Convention, recognizing the competence of the Committee to receive and consider communications from individuals or groups. It reiterated its concern that indigenous communities had no legal security with regard to land tenure, particularly in the Huasteca region, where the indigenous communities’ struggle for recognition of their ownership of land had resulted in dozens of deaths over the past three decades, and asked that the State party ensure implementation of its programme for dealing with hot spots, designed to settle land disputes.

After reviewing the second and third periodic reports of Lithuania, the Committee welcomed the adoption of a new penal code criminalizing incitement to racial hatred, as well as the adoption of a new law on equal opportunities that prohibited direct or indirect discrimination. It remained concerned that racist and xenophobic incidents and discriminatory attitudes towards ethnic minorities were still encountered in the country, including expressions of racial hatred by politicians and the media and encouraged the State party to continue to combat prejudice and xenophobic stereotyping, especially in the media, and to fight prejudice and discriminatory attitudes.

After taking up the initial to sixth periodic reports of Bosnia and Herzegovina, the Committee said it appreciated assurances concerning the State party’s willingness to proceed with meaningful legislative and institutional reforms aimed at eliminating racial discrimination. It was deeply concerned that under the Constitution only persons belonging to one of Bosnia and Herzegovina’s “constituent peoples” -- Bosniaks, Croats, and Serbs -- could be elected to the high office, while excluding all persons referred to as “Others”.

After considering the eighth to eleventh periodic reports of Guatemala, the Committee welcomed the establishment of the Presidential Commission on Discrimination and Racism against Indigenous Peoples in Guatemala and the Office for the Defence of Indigenous Women’s Rights. It was deeply concerned at the extent to which racism and racial discrimination against the Maya, Xinca and Garifuna peoples was entrenched, and at the inadequacy of public policies to eliminate racial discrimination. The Committee urged the State party to adopt the proposed policy entitled “Towards harmonious intercultural coexistence”, and to undertake special measures in favour of indigenous peoples and persons of African descent, who had historically been subjected to discrimination.

After reviewing the ninth to thirteenth periodic reports of El Salvador, the Committee noted with satisfaction the Constitutional provision for indigenous languages spoken in El Salvador to be preserved, disseminated and respected, as well as the project for the revitalization of the Nahuat language. It remained concerned at assertions by the State party that there was no racial discrimination in El Salvador because the country did not have different racial groups and reminded the State party of its positive obligation under the Convention to adopt legislative, judicial, administrative and other measures to give effect to its provisions, even in the purported absence of racial discrimination.

After taking up the third to fifth periodic reports of Uzbekistan, the Committee welcomed the reforms to the institution of the Parliament’s Ombudsman, mandated to receive individual complaints, which now reported to both Chambers of Parliament and was more independent. It requested clarification concerning the independence of judges, particularly with regard to litigation involving non-Uzbek ethnic groups. While free interpretation was provided to minorities in court by law, the Committee requested the State party to provide information, including statistical data, on the number of trials where such interpretation had been provided free of charge, disaggregated by language.

After reviewing the initial to fourteenth periodic report of Guyana, the Committee noted with appreciation the State party’s efforts to make the public health system reach out to remote hinterland areas, through health centres at the community level, incentives for doctors, and an emergency system to airlift patients to hospitals. The Committee was deeply concerned about the lack of legal recognition of indigenous communities’ rights over the lands they traditionally occupied, and the practice of granting land titles excluding water and subsoil resources to indigenous communities. The Committee urged the State party, in consultation with the indigenous communities, to demarcate the lands traditionally occupied or used by indigenous communities and to establish adequate and just procedures to resolve indigenous land claims within the domestic judicial system, taking due account of relevant customary laws.

After considering the fifteenth and sixteenth periodic reports of Botswana, the Committee welcomed the setting up of an Inter-Ministerial Committee on Treaties, Conventions and Protocols, mandated to facilitate the implementation of Botswana’s reporting obligations under international instruments to which it was a party. It was concerned that the State party’s objective to build a nation based on the principle of equality for all had been implemented in a way detrimental to the protection of ethnic and cultural diversity. It invited the State party to review its policy regarding indigenous peoples and to take into consideration the way in which the groups concerned perceived and defined themselves.


Under its early warning and urgent action procedure, the Committee considered the situation of the Western Shoshone indigenous peoples in the United States and urged the State party to take immediate action to initiate a dialogue with the representatives of the Western Shoshone peoples; to freeze any plans to privatize Western Shoshone ancestral lands for transfer to multinational extractive industries and energy developer; and to desist from all activities or plans concerning the ancestral lands of Western Shoshone or in relation to their natural resources, which were being carried out without consultation with and despite protests of the Western Shoshone peoples.

The Committee transmitted a letter and a list of questions to the Government of Ethiopia, in order to initiate a dialogue and to facilitate the drafting of its overdue seventh to fifteenth periodic reports. The Committee requested a response by 31 December 2006. A letter was also sent to the Republic of the Congo, regarding its overdue second through ninth periodic reports. In light of the note verbale sent by the Permanent Mission, dated 3 February, indicating that the country report would be submitted by the end of 2006, the Committee decided to accord the Republic of the Congo an additional postponement until 31 December 2006 for the submission of its report. A letter and a list of questions were also sent to Mozambique, which was given a final postponement until 30 June 2006 for the submission of its overdue report.

The next session of the Commission will be held in Geneva from 31 July to 18 August 2006. During that session, the Committee will consider reports of South Africa, Estonia, Israel, Denmark, Norway, Mongolia, Oman, Ukraine and Yemen. It will also examine, under its review procedure, the situation in Mozambique, Malawi, Saint Lucia, Seychelles and Namibia.

Concluding Observations and Recommendations on Country Reports

Mexico

After considering the twelfth to fifteenth periodic reports of Mexico, the Committee welcomed the State party’s declaration under article 14 of the Convention, recognizing the competence of the Committee to receive and consider communications from individuals or groups. It also welcomed the adoption of the new article 2 of the Constitution, stipulating that Mexico was a single, indivisible and multicultural nation originally based on its indigenous peoples. It further welcomed new legislation and institutions to prevent discrimination, including the Federal Act to Prevent and Eliminate Discrimination (2002); the National Council for the Prevention of Discrimination (2004); the General Act on the Linguistic Rights of Indigenous Peoples (2003); the Institute of Indigenous Languages; and the National Commission for the Development of Indigenous Peoples (2003). The Committee welcomed the recognition of the jurisdiction of ‘indigenous judges’ in certain States of Mexico. It took note with satisfaction the State party’s ratification of the International Convention on the Protection of Migrant Workers and Members of Their Families in 2003.

While noting the State party’s explanations concerning the 2001 constitutional reforms as regards indigenous rights, the Committee regretted that those reforms had not been followed through in practice and that indigenous peoples had not been consulted, and recommended that those principles be put into practice in close cooperation with the indigenous peoples. The Committee expressed concern at the failure to implement the law entitling indigenous persons to use interpreters in the administration of justice and recommended that those rights be guaranteed. The Committee noted with concern that under the Constitution, the right of the indigenous peoples to elect their political representatives was limited to the municipal level and recommended that the State party guarantee in practice the right of the indigenous peoples to participate in government and in the management of public affairs at every level. The Committee reiterated its concern that indigenous communities had no legal security with regard to land tenure, particularly in the Huasteca region, where the indigenous communities’ struggle for recognition of their ownership of land had resulted in dozens of deaths over the past three decades. The Committee asked that the State party ensure implementation of its programme for dealing with hot spots, designed to settle land disputes.

While the Committee welcomed the criminalization of forced sterilization in Mexico, it reiterated its concern at the reproductive health situation of indigenous men and women in Chiapas, Guerrero and Oaxaca and urged the State party to take all necessary steps to put an end to practices of forced sterilization, to impartially investigate, try and punish the perpetrators of such practices, and ensure that fair and effective remedies are available to the victims. The Committee was concerned at the racial discrimination against indigenous peoples in the media, including through projection of stereotyped and demeaning representations of indigenous peoples. It recommended that the State party should foster understanding, tolerance and friendship among the various racial groups in the State party, including the adoption of a code of media/journalistic ethics.

Lithuania

After reviewing the second and third periodic reports of Lithuania, the Committee commended the amendment to the Law on Education, which recognized the right of all to education without discrimination and regulated education in, and the teaching of, the languages of national minorities. The Committee welcomed the adoption of a new penal code criminalizing incitement to racial hatred, as well as the adoption of a new law on equal opportunities that prohibited direct or indirect discrimination. It also welcomed the establishment of the Department of National Minorities and Lithuanians Living Abroad, the Human Rights Committee of the Seimas, the Office of the Seimas Ombudsman and the Ombudsman on Equal Opportunities. It further welcomed the adoption of a Programme of Action for the Integration of National Minorities in Lithuanian Society (2005-2010).

The Committee requested a clarification on the distinction, as envisaged in the new draft law amending the Law on National Minorities, between “ethnic” minorities or groups, and “national” minorities. While welcoming the existence of a number of advisory bodies dealing with human rights and rights of national minorities, the Committee encouraged the State party to establish an independent national human rights institution, which could contribute to monitoring and evaluating progress in the implementation of the Convention. The Committee remained concerned that racist and xenophobic incidents and discriminatory attitudes towards ethnic minorities were still encountered in the country, including expressions of racial hatred by politicians and the media. The Committee encouraged the State party to continue to combat prejudice and xenophobic stereotyping, especially in the media, and to fight prejudice and discriminatory attitudes, including through a provision in criminal law to consider the commission of an offence with a racist motivation an aggravating circumstance.

The Committee was additionally concerned that asylum-seekers were automatically detained for security reasons and recommended that asylum-seekers only be detained when absolutely necessary and in accordance with UNHCR guidelines. The Committee remained concerned about the persistence of discriminatory attitudes and hostility towards members of the Roma community throughout the country, in particular the situation of the Roma in terms of employment, health care and housing; the marginalization of Roma children in the school system; and allegations of discriminatory behaviour, including acts of ill-treatment and violence, of the police towards members of minority groups, in particular Roma. The Committee recommended the establishment of an independent monitoring mechanism to carry out investigations into allegations of police misconduct and the intensification of actions to halt that phenomenon; greater efforts to raise the level of achievement in schools for Roma children; the recruiting of additional school personnel from among members of Roma communities to provide the possibility of bilingual or mother-tongue education; and that further measures be taken, focusing on professional training, to reduce unemployment among the Roma community.

Bosnia and Herzegovina

After taking up the initial to sixth periodic reports of Bosnia and Herzegovina, the Committee said it appreciated assurances concerning the State party’s willingness to proceed with meaningful legislative and institutional reforms aimed at eliminating racial discrimination, in particular the State party’s recognition of the need to amend its Constitution and election law to implement the International Convention on the Elimination of All Forms of Racial Discrimination, and that it had already taken specific measures in that direction. The Committee noted with satisfaction that the State party has ratified all core United Nations human rights treaties, and that the Convention could be directly applied in the State party’s courts. It welcomed the progress made by the State party in reducing the number of incidents in which attempts to return to pre-armed conflict residences were impeded by force, violence, or threats of force or violence, in particular the State party’s prosecutions and punishment of the perpetrators of such acts under sections 145 and 146 of the Criminal Code of Bosnia and Herzegovina.

The Committee was concerned about the lack of updated statistical data on the ethnic composition of the population and on the number and nature of acts of racial discrimination in the State party, which made it difficult to assess the extent of ethnic discrimination. It was deeply concerned that under the Constitution only persons belonging to one of Bosnia and Herzegovina’s “constituent peoples” -- Bosniaks, Croats, and Serbs -- could be elected to the high office, while excluding all persons referred to as “Others”. Although the tripartite structure of political institutions may have been necessary to establish peace, the Committee noted that legal distinctions that favoured certain ethnic groups were not compatible with the Convention, and urged the State party to review and remove all discriminatory language from the State and Entity Constitutions, as well as from all legislative and other domestic law texts.

The Committee was deeply concerned about the difficulties that many Roma experienced in obtaining personal documents, and about the extremely low rates of primary and secondary school attendance by Roma children. It recommended that the State party review the National Strategy for Roma and remove administrative obstacles to obtaining personnel documents, so as to ensure that all Roma enjoy their economic, social and cultural rights. The Committee was deeply concerned that many people of different ethnic origin, especially Roma, had been unable to return to their pre-armed conflict homes, as well as by reports that Roma continued to be evicted from their informal settlements. It urged the State party to facilitate the return of all people to their pre-armed conflict homes, to ensure their ability to occupy and reside in informal Roma settlements legally and safely, and where necessary, to provide adequate alternative housing or compensation. The Committee recommended that the State party unify previously segregated schools under one administration, intensify efforts to remove ethnically discriminatory elements from textbooks, remove mono-ethnic or mono-religious symbols from schools, and implement a modernized, culturally sensitive common core curriculum for all schools within the territory. It expressed its deep concern about the persistence of ethnic divisions within the society of the State party, which reinforced structural discrimination and institutionalized prejudice and intolerance.

Guatemala

After considering the eighth to eleventh periodic reports of Guatemala, the Committee welcomed the establishment of the Presidential Commission on Discrimination and Racism against Indigenous Peoples in Guatemala and the Office for the Defence of Indigenous Women’s Rights. The Committee also welcomed the intention of the Supreme Court of Justice and the judiciary to recognize the indigenous legal system; the promulgation of the Mayan Language Act; legislation with respect to the wearing of indigenous dress in schools; the recognition of traditional indigenous authorities for the first time as regular municipal authorities in national legislation; the State’s commitment to promote and respect indigenous people’s own forms of political and administrative organization; and an agreement on intercultural bilingual education as part of the national education system.

The Committee was concerned that the State party’s statistics on indigenous peoples were incomplete, and that no statistics were kept on its population of African descent. It was deeply concerned at the extent to which racism and racial discrimination against the Maya, Xinca and Garifuna peoples was entrenched, and at the inadequacy of public policies to eliminate racial discrimination. The Committee urged the State party to adopt the proposed policy entitled “Towards harmonious intercultural coexistence”, and to undertake special measures in favour of indigenous peoples and persons of African descent, who had historically been subjected to discrimination. The Committee recommended that the State party adopt specific legislation to punish dissemination of ideas based on notions of superiority or racial hatred, incitement to racial discrimination, and violent acts directed against indigenous peoples and persons of African descent. While the Committee noted progress had been made in preventing discrimination in the administration of justice in respect of indigenous peoples, it reiterated its concern at problems they experienced in gaining access to the justice system.

The Committee was concerned at violence, including domestic violence, against indigenous women, as well as the low level of political participation among indigenous peoples. It recommended that the State party redouble its efforts to ensure the full participation of indigenous peoples, especially indigenous women, in public affairs and that it take effective measures to ensure that all indigenous peoples, particularly the Xinca and Garifuna, participated at all levels. The Committee was also highly concerned at indigenous peoples’ lack of access to land, the lack of respect shown for their traditional lands, and the difficulties surrounding restitution of lands to indigenous peoples displaced by armed conflict or economic development plans. It called upon the State party to take steps to recognize and protect the rights of indigenous peoples to own, develop, control and use their communal lands and territories. The Committee recommended that the State party take steps to return lands and territories traditionally owned by indigenous peoples and urged it to adopt a national land register bill so that indigenous community lands could be identified and demarcated.

El Salvador

After reviewing the ninth to thirteenth periodic reports of El Salvador, the Committee noted with satisfaction the beginnings of a change of perspective on indigenous issues in the State party, displayed in the establishment of such agencies as the Multisectoral Technical Committee for Indigenous Peoples (2001), and the Indigenous Affairs Unit attached to the National Council for Culture and the Arts. The Committee welcomed the study, “Profile of Indigenous Peoples”, prepared with support from the World Bank, which would serve as a basis for the State party’s government policy in this area. It noted with satisfaction the Constitutional provision for indigenous languages spoken in El Salvador to be preserved, disseminated and respected, as well as the project for the revitalization of the Nahuat language. The Committee also noted with satisfaction that in 2003 the State party had ratified the International Convention on the Protection of Migrant Workers and Members of Their Families.

Noting once again the discrepancy between the assessment made by the State party, according to which society in El Salvador was ethnically homogeneous, and credible indications that indigenous peoples such as the Nahua-Pipil, the Lencas and the Cacaotera lived in the country, the Committee again requested the State party to supply disaggregated statistical information on the ethnic breakdown of the population of El Salvador in its next periodic report. The Committee remained concerned at assertions by the State party that there was no racial discrimination in El Salvador because the country did not have different racial groups. The Committee reminded the State party of its positive obligation under the Convention to adopt legislative, judicial, administrative and other measures to give effect to its provisions, even in the purported absence of racial discrimination. The Committee also recommended that the State party should consider granting legal recognition to the indigenous peoples. In that connection, it urged the State party to take the necessary legislative steps to enable it to ratify International Labour Organization Convention No. 169, concerning Indigenous and Tribal Peoples in Independent Countries.

The Committee noted with concern the vulnerability of the indigenous peoples in respect of enjoyment of their economic, social and cultural rights, particularly with regard to land ownership and access to drinking water; the low level of indigenous participation in government and public affairs at all levels; and that indigenous peoples did not have access to their sacred sites of worship in the same way as followers of other religion, and it encouraged the State party to step up its efforts in addressing those issues. Noting the State party’s claim that it was difficult to identify indigenous peoples as they sometimes preferred not to identify themselves as such, the Committee also noted that, according to some reports, that situation was due in large part to the events of 1932 and 1983, when large numbers of indigenous people were murdered. The Committee was seriously concerned that the persons responsible for those acts had not been identified. Among others, the Committee encouraged the State party to put into effect the recommendations made by the Inter-American Commission on Human Rights and adopt a programme of reparations and, where possible, material compensation, for the victims of those events.

Uzbekistan

After taking up the third to fifth periodic reports of Uzbekistan, the Committee welcomed the reforms to the institution of the Parliament’s Ombudsman, mandated to receive individual complaints, which now reported to both Chambers of Parliament and was more independent. The Committee noted with appreciation that the law guaranteed citizens the freedom to choose their language of instruction, and that in a number of primary and secondary public schools education took place in minority languages. The Committee noted with satisfaction that the State party was currently examining the issue of accession to the 1951 Convention relating to the Status of Refugees and its Optional Protocol (1967). It welcomed the adoption of new legislation on non-governmental organizations (NGOs), which had resulted in the registration of many new NGOs, including those that represented various ethnic groups. The Committee also welcomed the inclusion of the subject of human rights in educational curricula.

While noting that the provisions of the Convention could be directly invoked before national courts, the Committee reiterated its concern about the absence of a definition of racial discrimination in domestic law. It was also concerned about that the lack of current disaggregated statistical data in a number of areas, which could affect the accuracy of the report. The Committee requested the State party to provide updated, ethnically disaggregated data in its next report on its population, the number of persons granted Uzbek citizenship, and those granted residence permits, as well as on the level of participation of national and ethnic minorities in State institutions, in particular on the number of women of non-Uzbek ethnic origin occupying positions of responsibility. It requested clarification concerning the independence of judges, particularly with regard to litigation involving non-Uzbek ethnic groups. While free interpretation was provided to minorities in court by law, the Committee requested the State party to provide information, including statistical data, on the number of trials where such interpretation had been provided free of charge, disaggregated by language.

The Committee was also concerned about the absence of legislation on refugees, in particular legal safeguards against forced removal to a country where an individual’s life or health might be at risk, and recommended that the State party elaborate a legislative framework for the protection of refugees and establish a mechanism to permit appeals against decisions to remove aliens. The Committee also invited the State party to abolish its “exit visa” requirement for individuals travelling abroad and to ensure that the existing compulsory residence registration or “propiska” system did not limit the rights and freedoms of the State party’s citizens. It recommended that the State party include detailed information in its next report on the situation of Roma and that the State party adopt a strategy with a view to protecting them against discrimination. The Committee was also concerned that, according to information received, some minority languages had limited access to public media, and recommended that the State party ensure sufficient time was devoted to programmes in minority languages in the public media, in particular, in Tajik, the language spoken by the largest minority.

Guyana

Having examined the initial to fourteenth periodic reports of Guyana, the Committee noted with satisfaction the State party’s ratification of most core United Nations human rights treaties, and that the International Convention on the Elimination of all Forms of Racial Discrimination could be directly applied in domestic courts. The Committee noted with appreciation the State party’s efforts to make the public health system reach out to remote hinterland areas, through health centres at the community level, incentives for doctors, and an emergency system to airlift patients to hospitals. The Committee welcomed information on the high literacy rate, as well as efforts to increase the number of secondary schools in the hinterland areas.

The Committee recommended that the State party include “national or ethnic origin” among the prohibited grounds of discrimination in its Constitution. It noted that the Amerindian Act of 2006 systematically referred to the indigenous peoples as “Amerindians” and recommended that the State party clarify whether “Amerindians” was the preferred term of those communities, and that it consider the criteria laid down in ILO Convention No. 169, as well as in the Committee’s General Recommendation No. 8, in defining indigenous peoples. The Committee also recommended that the State party adopt a comprehensive national strategy to guarantee indigenous people full and equal enjoyment of human rights and fundamental freedoms. It urged the State party to ensure minorities adequate opportunities to participate in public affairs at all levels, and asked it to provide updated statistical information on the percentage, functions and seniority of minority representatives holding public offices and government positions.

The Committee noted with deep concern that decisions by indigenous village councils were subject to approval by the competent minister, and that indigenous communities without land title were not entitled to a village council. The Committee urged the State party to remove those discriminatory laws. The Committee was also deeply concerned about the lack of legal recognition of indigenous communities’ rights over lands they traditionally occupied, and the practice of granting them land titles excluding water and subsoil resources. The Committee urged the State party, in consultation with the indigenous communities, to demarcate the lands traditionally occupied or used by indigenous communities and to establish adequate and just procedures to resolve indigenous land claims within the domestic judicial system, taking due account of relevant customary laws. While noting the special recruitment measures in favour of indigenous people and applicants from hinterland areas, the Committee remained concerned about the ethnic composition of the armed forces and police of Guyana, and encouraged the State party to continue and intensify its efforts to ensure a balanced ethnic representation in that area. The Committee expressed concern about the existing ethnic tensions in Guyana and encouraged the State party to provide education and to actively support programmes that fostered inter-cultural dialogue, tolerance and understanding and that the State party establish a constitutional commission on inter-cultural dialogue to that end.

Botswana

After considering the fifteenth and sixteenth periodic reports of Botswana, the Committee welcomed the setting up of an Inter-Ministerial Committee on Treaties, Conventions and Protocols, mandated to facilitate the implementation of Botswana’s reporting obligations under international instruments to which it was a party. It commended the State party for having consulted civil society organizations in the compilation of its report and welcomed the State party’s efforts to acknowledge the existence of ongoing debates at the domestic level on the implementation of the Convention in its report.

The Committee was concerned that the State party’s objective to build a nation based on the principle of equality for all had been implemented in a way detrimental to the protection of ethnic and cultural diversity. It noted in particular the State party’s reluctance to recognize the existence of indigenous peoples on its territory and urged it to respect and protect the existence and cultural identity of all ethnic groups within its territory. The Committee also invited the State party to review its policy regarding indigenous peoples and to take into consideration the way in which the groups concerned perceived and defined themselves. The Committee, while taking note of the willingness of the State party to ensure better representation in the House of Chiefs, remained concerned that the proposed bill to remedy that situation reproduced discriminatory rules relating to the participation of ethnic groups in that institution. The Committee reiterated its recommendation to the State party that it amend the Chieftainship Act and other laws, in particular the Tribal Territories Act, in order to remove their discriminatory character against non-Tswana ethnic groups and to provide equal protection and treatment for all tribes.

The Committee noted with concern the discrepancy between the information provided by the State party that residents of the Central Kalahari Game Reserve were consulted and had agreed to their relocation outside the Reserve, and persistent allegations that residents were forcibly removed. The Committee reiterated its recommendation to the State party that it resume negotiations with the residents of the Reserve, including those who have been relocated, as well as non-governmental organizations. In doing so the State party should pay particular attention to the close cultural ties that bind the San/Basarwa to their ancestral land, including economic activities, such as hunting, whether conducted by traditional or modern means and should seek the prior free and informed consent of the persons and groups concerned. The Committee recommended that asylum-seekers be detained only when necessary, for a limited period of time, under other regulations than the Prisons Act and in accordance with UNHCR guidelines and that the State party recognize the right of asylum-seekers to appeal the decision denying them refugee status before a judicial body. The Committee also recommended that any person declared as a “prohibited migrant” be granted an effective remedy before a judicial body.

Decision on United States

Following preliminary consideration of requests submitted by representatives of the Western Shoshone indigenous peoples that the Committee act under its early warning and urgent action procedure, the Committee said that it had received credible information alleging that those peoples were being denied their traditional right to land and that measures taken and even accelerated lately by the State party in relation to the status, use and occupation of those lands could cumulatively lead to irreparable harm to those communities. The Committee was concerned by the lack of action by the State party to follow up its previous concluding observations in relation to this situation, and although these were indeed long-standing issues, the Committee felt that they warranted immediate and effective action from the State party.

The Committee was concerned by the State party’s position that Western Shoshone peoples’ legal rights to ancestral lands had been extinguished through gradual encroachment, notwithstanding the fact that the Western Shoshone peoples had reportedly continued to use and occupy the lands and their natural resources in accordance with their traditional land tenure patterns. It therefore urged the State party to take immediate action to initiate a dialogue with the representatives of the Western Shoshone peoples; to freeze any plans to privatize Western Shoshone ancestral lands for transfer to multinational extractive industries and energy developer; to desist from all activities or plans concerning the ancestral lands of Western Shoshone or in relation to their natural resources, which were being carried out without consultation with and despite protests of the Western Shoshone peoples; and to stop imposing grazing fees, trespass and collection notices, horse and livestock impoundments, restrictions on hunting, fishing and gathering, as well as arrests, and to rescind all notices already made to that end, inflicted on Western Shoshone people while using their ancestral lands. In accordance with article 9 (1) of the Convention, the Committee requested that the State party provide it with information on action taken to implement the present decision by 15 July 2006.

For use of the information media; not an official record

CRD06015E