COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES ITS SEVENTY-SEVENTH SESSION

The Committee on the Elimination of Racial Discrimination today concluded its seventy-seventh session and released its concluding observations and recommendations on the reports of Australia, Bosnia and Herzegovina, Denmark, El Salvador, Estonia, France, Iran, Morocco, Slovenia, Romania and Uzbekistan, which were considered during the session.

Anwar Kemal, the Committee Chairperson, said that the Committee had adopted its annual report to the General Assembly after one of the most intense and rewarding sessions the Committee had had since he has been a member. The Committee had considered the reports of 11 countries and engaged in dialogues with the delegations of the States parties under review. Mr. Kemal stressed that the role of the Committee and the Committee Experts was not an adversarial one, but rather to be a dialogue partner with the States parties. In this regard, the Committee worked very hard at understanding the challenges faced by countries in combating racial discrimination and sought to make recommendations in the spirit of assisting the countries in achieving the objectives of the Convention. Mr. Kemal went on to say that the Committee would send out 10 letters to States parties under its early warning and urgent action procedure, aimed at preventing existing situations from escalating into conflicts and to respond to problems requiring immediate attention to prevent or limit the scale or number of serious violations of the Convention. He said the Committee had adopted a decision on Kyrgyzstan regarding the events that had taken place in that country in June.

During the course of the session, the Committee also examined individual communications of violations of the Convention and considered follow-up information submitted by States parties in relation to the observations and recommendations of the Committee, in closed meetings.

The Committee’s seventy-eighth session will be held from 14 February to 11 March 2011, when the Committee will review the periodic reports of Armenia, Bolivia, Cuba, Ireland, Moldova, Norway, Rwanda, Serbia, Spain, Uruguay and Yemen.

Concluding Observations and Recommendations on Country Reports

Australia

Among positive aspects in the combined fifteenth through seventeenth periodic reports of Australia, the Committee welcomed the State party’s expression of support, in April 2009, of the United Nations Declaration on the Rights of Indigenous Peoples, as a first step in building a sustained and constructive partnership with Indigenous peoples. The Committee noted with satisfaction the National Apology for past negative Government policies issued by the State party on 13 February 2008 to Indigenous peoples and in particular the Stolen Generations, as a first step towards genuine reconciliation and reparations to be made in recognition of the history of gross violations of human rights. The Committee welcomed the ratification by the State party of the International Convention on the Rights of Persons with Disabilities and the related Optional Protocol, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, and the standing invitation extended to all thematic Special Procedures, noting, in particular, the visits of the Special Rapporteur on the situation of the human rights and fundamental freedoms of Indigenous peoples as well as the Special Rapporteur on the right to health in 2009. The Committee welcomed the Government’s commitment to address Indigenous disadvantage as set out in the six “Closing the Gap” targets. The Committee welcomed the contributions of the Australian Human Rights Commission to the Committee’s work, as well as the active engagement and contributions from non-governmental organizations.

The Committee’s concerns regarding Australia mostly centred on the status and treatment of Indigenous peoples in the country. While the Committee welcomed the establishment of the National Congress of Australia’s First Peoples, the Committee regretted the limited progress towards Constitutional acknowledgement of Australia’s Indigenous peoples, and the slow implementation of the principle of Indigenous peoples' exercising meaningful control over their affairs. The Committee expressed its concern that the package of legislation under the Northern Territory Emergency Response continued to discriminate on the basis of race as well as the use of so called “special measures” by the State party. The Committee reiterated its concern about the disproportionate incarceration rates and the persisting problems leading to deaths in custody of a considerable number of Indigenous Australians over the years. The Committee expressed concern in particular about the growing imprisonment rates of Indigenous women as well as the substandard conditions in many prisons. The Committee also raised concerns that “Excised Offshore Places”, such as the immigration detention facilities on Christmas Island, were removed from the operation of Australia’s migration legislation and that asylum seekers arriving by boat or intercepted before reaching the mainland without a valid visa were subject to improper processing arrangements and denied the full protections of the application and review procedures available on the mainland.

The Committee recommended that any measures to amend the Australian Constitution include the recognition of Aboriginal and Torres Strait Islanders as First Nations Peoples. In this regard, the Committee recommended that the State party consider the negotiation of a treaty agreement with Indigenous peoples. Regarding the Northern Territory Emergency Response, the Committee urged Australia to strengthen its efforts to address the unacceptably high level of disadvantage and social dislocation experienced by Aboriginal Australians living in remote communities throughout the Northern Territory and that Government actions affecting the Aboriginal communities respect Australia's human rights obligations and conform with the Racial Discrimination Act. The Committee also recommended that the State party dedicate sufficient resources to address the social and economic factors underpinning Indigenous contact with the criminal justice system by adopting a justice reinvestment strategy, continuing and increasing the use of Indigenous courts and conciliation mechanisms, diversionary and prevention programs and restorative justice strategies. The Committee recommended that the State party further intensify its efforts to combat racially motivated violence, including by requiring law enforcement authorities to collect data on the nationality and ethnicity of victims of such crimes and ensuring that judges, prosecutors and the police apply existing legal provisions which consider the motive of ethnic, racial or religious hatred or enmity an aggravating circumstance.

Bosnia and Herzegovina

Having considered the seventh and eighth periodic reports of Bosnia and Herzegovina, the Committee welcomed the following legislative and institutional developments towards full implementation of the Convention in the State Party: the establishment of a single, unified office of the Human Rights Ombudsman for Bosnia and Herzegovina; the adoption of two new laws in 2009: on the prohibition of discrimination, and on freedom of religion and the legal position of churches and religious communities; the adoption of the laws on the protection of the rights of the members of national minorities by the Republic Srpska and by the Federation of Bosnia and Herzegovina in 2008; the adoption of the action plan for Roma issues with regard to employment, housing and health care and the establishment of the respective coordinating board for monitoring its implementation in 2008; the commitment to implement the declaration and programme of work of the European Decade of inclusion of Roma 2005-2015 in Bosnia and Herzegovina; and the establishment of a working group by the Council of Minister of Bosnia and Herzegovina to offer solutions for the phenomenon of “two schools under one roof” in 2008. The Committee also welcomed efforts to adopt specific legislation prohibiting all fascist and neo-fascist organizations in Bosnia and Herzegovina.

While welcoming efforts toward the full implementation of the Convention in Bosnia and Herzegovina, the Committee was concerned over the legacy of the war which caused significant ethnic based demographic changes and the impact that this circumstance could have on the proper conduct of the upcoming census. The Committee, while commending the State party for its willingness to amend relevant laws where necessary, noted with concern the constitutional stipulations that grant some important political rights on the basis of ethnic affiliation. The Committee was also concerned that a large number of war displaced persons remained unable to return to their former residence or to effectively integrate into their former or new communities and that adequate mechanisms for monitoring acts of ethnic based discrimination and violence remained virtually non-existent. The Committee also raised concerns about the continuous public manifestations of hate speech and intolerance, especially by politicians; segregation in education; discrimination against the Roma in the field of housing, employment, education and health care; and the persistence of acts of discrimination targeting this marginalized minority group. The Committee also noted, in particular, that the Roma children birth registration campaign that should have been concluded by 2008 had not yet achieved its objectives, with serious implications in their eligibility for health care insurance, social aid and school enrolment.

The Committee encouraged the State party to continue implementing measures to accelerate the sustainable return of refugees and internally displaced persons to their places of origin by improving their reception conditions and to provide appropriate assistance or compensation, as the case may be, in order to prevent a further worsening of their human rights situation. The Committee recommended that the State party continue to endeavour to combat inter-ethnic prejudices, by inter alia, applying existing criminal provisions on hate speech and hate crimes, continuing to strengthen, and to promote, through awareness-raising campaigns, and other concrete steps, national unity, tolerance and the peaceful coexistence of members of various nationalities and religious groups, and by strengthening the monitoring powers of the Communications Regulatory Agency with regard to acts of public incitement to ethnic and religious hatred. The Committee reiterated its recommendation to the State party to end the segregated system of mono-ethnic schools and to ensure that the same basic curriculum be taught to all children promoting tolerance among the different ethnic groups in the country and appreciating their specificities. The Committee urged Bosnia and Herzegovina to fully implement its various Roma strategies and action plans in line with the declaration and programme of work of the Decade of Roma Inclusion 2005-2015, with action mainly devoted to ensure adequate housing, health care, employment, social security and education for Roma people.

Denmark

Among positive aspects in the eighteenth and nineteenth periodic reports of Denmark, the Committee noted with satisfaction the establishment of a Division for Democratic Cohesion and Prevention of Radicalisation which was mandated to coordinate the implementation of the initiatives of the action plan titled ‘A Common and Safe Future’ for the prevention of radicalisation and extremist views among young people. The Committee welcomed the publication of the ‘Action Plan on Ethnic Equal Treatment and Respect for the Individual’ in July 2010, a revision of the ‘Action Plan to Promote Equal Treatment and Diversity and Combat Racism’ of 2003 which seeks to engage a multi-faceted effort in combating racial discrimination, promoting diversity and equal opportunities. The Committee also welcomed the publication of a Guide based on the Act on the Prohibition of Discrimination on the Labour Market, which seeks to help organisations, employers, employees and others to understand rules of the labour market in this field. The Committee noted with appreciation that the State party consulted with civil society organizations working in the area of human rights protection in connection with the preparation of its period report.

The Committee expressed concerns about the broad powers of the Director of Public Prosecutions to stop investigations, withdrawal of charges or discontinue cases. The Committee was also concerned with the large number of cases that had been discontinued by the Director of Public Prosecution which would discourage reporting by victims. The Committee noted with concern that applicants to the Police Service from ethnic backgrounds other than Danes failed the police recruitment test in disproportionate numbers, and also accounted for the high drop out rates from police colleges. The Committee was also concerned with the higher rates of unemployment among immigrants and descendants from countries other than the European Union, North America and Nordic countries. The Committee, while welcoming the establishment of the Board of Equal Treatment to consider complaints alleging discrimination in all fields, noted that the prescribed procedure was very impersonal in that individuals could only lodge complaints in writing. The Committee further noted that the Board was not in a position to obtain evidence such as party explanations or testimonies, and that the secretariat of the Board could dismiss complaints if found to be unsuitable for consideration by the Board. The Committee noted with concern the lack of data on the ethnic composition of prison populations which would assist it in understanding the nature of crimes perpetrated by various ethnic groups or nationals.

The Committee recommended that the State party limit the powers of the Director of Public Prosecutions by establishing an independent and multicultural oversight body to assess and oversee the decisions taken by the Director of Public Prosecutions with regard to cases under section 266B to ensure that discontinuance of cases did not discourage victims from lodging complaints or promote impunity by perpetrators of hate crimes. The Committee urged Denmark to adopt specific measures to establish the main reasons why applicants with ethnic backgrounds other than Danish fail the police recruitment test and drop out of police colleges. Denmark should strengthen its efforts in promoting people from ethnic backgrounds other than Danish to serve as police officers in order to have a racially balanced police service. The Committee noted that the State party must also strengthen its efforts to remove all impediments for migrants in the labour market such as racial prejudices and stereotypes, by promoting change of mind set amongst employers through awareness raising campaigns. The Committee recommended that Denmark strengthen the Board of Equal Treatment’s complaint-lodging-procedure to enable complainants to provide oral testimony which would also assist the panel of the Board to assess and appreciate the demeanour of the parties to the complaint. The Committee urged the State party to revise the procedure of the Board to ensure that the Secretariat did not usurp the powers of the Board by rejecting complaints before they were considered by the Board’s panel. The Committee urged the State party to compile data disaggregated by nationality and/or ethnic origin and nature of the offence for all prisons in the State party.

El Salvador

Having examined the combined fourteenth and fifteenth periodic reports of El Salvador, the Committee noted with satisfaction the agreement signed on 28 July 2010 which allowed all indigenous persons victims of past persecution to recover their Indigenous names and for children to be given Indigenous names in the future. It also welcomed the creation of the Pilot Project for an Indigenous Peoples’ Birth and Identity Papers Register in six municipalities. The Committee noted with interest the initiatives taken in favour of Indigenous communities in the Nahuizalco municipality, including the right of its inhabitants to be protected from direct or indirect racial discrimination and to enjoy fundamental human rights and freedoms in the political, economic, social and cultural spheres. The Committee noted that the State party had developed a framework for Bilingual Intercultural Education within the formal education system in order to preserve and revitalize indigenous languages. The Committee welcomed the adoption of the Comprehensive Protection for Children and Adolescents Act. The Committee noted with satisfaction the invitation extended to the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples to visit El Salvador in 2011 and that El Salvador was the first country in Central America to ratify in October 2007 the International Convention on the Rights of Persons with Disabilities and the related Optional Protocol.

The Committee expressed its grave concern at the significant discrepancies in the figures regarding the ethnic composition of the country derived from the results of the Sixth Population Census and the Fifth Housing Census conducted in 2007, and other reliable sources. The Committee was also concerned that there was no legal recognition of Indigenous peoples and their rights in the Constitution of the State party and that members of Indigenous peoples’ communities may not enjoy equal access to public service. The Committee reiterated its concern that Indigenous peoples were unable to fully enjoy their economic social and cultural rights, in particular regarding land ownership and access to drinking water and that Indigenous languages continued to be denied the importance that they deserved given that out of a reported total of 47,940 students enrolled in educational institutions 2009, 22,483 belonged to Indigenous peoples, and yet not all of them could study in their own language. The Committee was concerned that there was currently no domestic legislation that conformed to article 4 of the Convention in relation to banning racist organizations and incitement to racial hatred. The Committee also expressed its concern regarding the socio-economic situation of Afro-descendants and regarding their lack of recognition and visibility. The Committee raised the issue that the Penal Code only dealt with acts of racism committed by public officials but not by private individuals.

The Committee recommended that the State party improve its census methodology, in close cooperation with the United Nations, the indigenous peoples, and people of African descent, so that it reflected the ethnic complexity of Salvadoran society, taking into account the principle of self-identification. The Committee recommended that El Salvador grant legal recognition to Indigenous peoples in domestic law, in keeping with article 2 of the Convention and requested the State party to provide an update on the motion for Constitutional Reform for the Recognition of Indigenous Peoples in El Salvador submitted to the Legislative Assembly in December 2008 by the Office of the Human Rights Procurator. The Committee reiterated the recommendation formulated in its previous concluding observations in which it reminded the State party that it had an obligation to adopt positive legislative, judicial, administrative and other measures to give effect to the provisions of the Convention, which should also aim to prevent acts of discrimination. The Committee urged the State party to expedite national consultations with a view to modifying domestic legislation in order to bring it into conformity with the Convention. The Committee recommended that the State party step up its efforts to improve the enjoyment by indigenous peoples of economic, social and cultural rights, including access to safe drinking water and guarantee their rights to land and resources traditionally owned and used. The Committee requested the State party to provide updated information about the land transfer programmes conducted by the Salvadoran Institute of Agrarian Reform and on the manner in which Indigenous communities participated in and benefitted from this programme.

Estonia

Following its examination of the combined eighth and ninth periodic reports of Estonia, the Committee welcomed the vision outlined by the State party for an Estonian society where ‘everyone will have the opportunity for self-realisation, will feel secure and will participate in the economic, social, political and cultural life of the society,’ and efforts undertaken to this end. The Committee welcomed the establishment of several instruments of dialogue and consultation with minority groups, including the Council of Ethnic Minorities under the Ministry of Culture and the Roundtable of Nationalities. The Committee welcomed the adoption of the Equal Treatment Act and noted with interest the announcement made by the State party on extending the prohibited grounds of discrimination under the Act to include language and citizenship. The Committee commended the State party for the recognition of cultural diversity in education, including through the inclusion of subjects on minorities’ culture in the public education programmes for basic school and gymnasium. The Committee further noted with satisfaction that minorities had opportunities for learning their mother tongues. The Committee commended the State party for recognizing the competence of the Committee to receive and consider communications from individuals or groups of individuals, in accordance with article 14 of the Convention. The Committee also noted with interest the commitment expressed by the State party to ratify the United Nations core human rights treaties to which it was not a party.

While noting with appreciation the vision of the Estonian Integration Strategy, the Committee was concerned that the strong emphasis on the Estonian language in the objectives and implementation of the Strategy may run counter to the overall goal of the strategy by contributing to resentment among those who feel discriminated against, especially because of the punitive elements in the language regime. The Committee noted with concern the very low level of participation of minorities in political life and the limited representation of minorities in Parliament. The Committee regretted that the information provided by the State party on education and employment among minorities did not allow for a comprehensive understanding and assessment of the situation of all ethnic groups and especially vulnerable groups in the State party. While welcoming the various measures and initiatives taken by the State party in favour of the Roma, the Committee regretted the lack of information on the effectiveness of these initiatives and the paucity of information regarding the situation of Roma in general in Estonia. The Committee also noted with concern the discrimination reportedly experienced by Roma children in accessing quality education. The Committee was concerned at the near absence of complaints of acts of racial discrimination logged with courts and other relevant authorities during the reporting period when a significant percentage of persons reported having experienced discrimination in everyday life because of their ethnic background.

The Committee urged Estonia to adopt a non-punitive approach to the promotion of the official language and revisit the role of the Language Inspectorate and the implementation of the 2008 regulation on requirements for Estonian language proficiency. The Committee also urged the State party to allocate sufficient resources for the provision of free-of-charge language courses. The Committee recommended that the State party redouble its efforts to ensure greater participation by members of minorities in public life, including in Parliament, and take effective steps to ensure that they participate in the administration at all levels. The Committee recommended that the State party ensure that, in the context of the 2011 census, data was collected on the socio-economic situation of all ethnic groups and especially vulnerable groups on the basis of voluntary self-identification. The Committee called on the State party to conduct research with a view to assessing the real situation of the Roma community in its territory and encouraged the State party to participate in initiatives aimed at finding national and regional solutions to the widespread exclusion of the Roma population. The Committee recommended that the State party bring to an end and prevent any segregation of Roma children in the field of education. The Committee recommended that Estonia verify whether the small number of racial discrimination complaints was not the result of victims’ lack of awareness of their rights, fear of reprisals, limited access to available mechanisms, lack of confidence in the police and judicial authorities, or the authorities’ lack of attention or sensitivity to cases of racial discrimination.

France

Among positive aspects in the combined seventeenth, eighteenth and nineteenth periodic reports of France, the Committee welcomed the role played by the National Advisory Commission on Human Rights at the national, as well as the international level. The Committee also welcomed the constitutional revision of July 2008, which allowed, since 1 March 2010, any person subject to trial to seize the Constitutional Council on the constitutionality of a law during a trial. The Committee also welcomed the existence of the Constitutional appeal which could be engaged by a sufficiently large group of parliamentarians on a draft law. The Committee further welcomed the efforts undertaken by the State party to make the fight against discrimination and the promotion of equality of chances in the education sector a national priority. It welcomed the creation of “Lycées d’excellence” in disadvantaged districts, the personal coaching of some students in difficulty, of boarding schools of excellence and of the opening of preparatory classes to the higher-education establishments for students from disadvantaged environments, on the basis of commendable marks.

While the Committee noted that the State party was preparing a national plan on the fight against racism, it expressed the hope that the drafting of this plan would help the State party in making its policy more coherent and more conformed to the Convention and the Durban Declaration and Programme of Action. The Committee also expressed concern over the holding of political speeches of a discriminatory nature in France. The Committee was concerned to note a recent increase in acts and demonstrations of racist and xenophobic character on the territory of the State Party, as well as the expansion of racist speeches on the Internet. It was concerned over information according to which measures could be taken in the area of citizenship, with discriminatory consequences, based on national origin. The Committee expressed concern over the difficult situation members of the Roma community were facing with regard to their economic, social and cultural rights. As the State party had accepted the principle of linguistic and cultural diversity, the Committee was concerned over the partial implementation of that principle on the French territory.

The Committee noted that since the presentation of the report by the State party, information mentioned that Roma have been collectively sent back to their country of origin, without the free, full and informed consent of all concerned individuals. The Committee recommended that the State party ensured that all public policies affecting Roma people were in line with the Convention, that it avoided collective repatriations and worked towards lasting solutions in order to settle the issues affecting Roma people with full respect for their human rights. The Committee also expressed concern over the difficulties Travellers were facing with regard to their freedom of movement, right to vote, access to education and decent housing and noted with concern that despite the recommendations the Committee had made in its previous concluding observations, the State party had still not put the necessary number of reception areas at the disposal of Travelers, as envisaged by the so-called Besson Law of July 2000. The Committee recommended that the implementation of the Besson Law be sped up. While expressing concern over the fact that in the overseas territories the current system did not allow for the recognition of collective rights of indigenous people, especially regarding their right to ancestral lands, the Committee recommended that the State party allowed the recognition of such collective rights to indigenous people and that the State party took the necessary legislative measures in order to ratify International Labour Organization Convention 169 on indigenous and tribal populations.

Iran

After a review of the combined eighteenth and nineteenth periodic reports of Iran, the Committee noted with appreciation the various developments which had taken place in the State party, including: the approval of the Law on Citizenry Rights in 2005; the ratification of the amendment to article 8 of the Convention by the State party on 7 November 2005, adopted on 15 January 1992 at the fourteenth meeting of States parties to the Convention and endorsed by the General Assembly in its resolution 47/111 of 16 December 1992, concerning the financing of the Committee; the update on the progress being made by the State party in the establishment of a National Human Rights Institution in accordance with the Paris Principles; the amendment of the fourth Development Plan which allowed budget allocations and a percentage of oil and gas revenues for the development of less developed provinces, particularly inhabited by disadvantaged ethnic groups; and Iran’s active engagement with the international community on human rights issues, such as its initiative on promoting a dialogue among civilizations. The Committee commended the State Party’s continued hosting of a large population of refugees from neighboring countries such as Afghanistan and Iraq.

While commending the efforts undertaken by the State party to empower women, the Committee was concerned that women of minority origin may be at risk of facing double discrimination. The Committee noted the efforts undertaken by the State party to combat racist discourse in the media by applying sanctions to newspapers whose publications included racist discourse. However, the Committee was concerned at continued reports of racial discrimination directed against Azeri communities in the media, including stereotyped and demeaning portrayals of those peoples and communities. The Committee was also concerned at the reports of racial discrimination in everyday life and statements of racial discrimination and incitement to hatred by government officials. While the Committee noted that, according to the State party, measures were being taken to promote minority languages and the teaching of minority languages and literature in schools was permitted, it expressed concern over the lack of sufficient measures to enable persons belonging to minorities to have adequate opportunities to learn their mother tongue and to have it used as a medium of instruction. The Committee expressed concern at the limited enjoyment of political, economic, social and cultural rights by Arab, Azeri, Balochi, Kurdish communities and some communities of non-citizens, in particular with regard to housing, education, freedom of expression and religion, health and employment, despite the economic growth in the State party. It noted information that the provinces where many of them lived were the poorest in the country.

Among other things, the Committee recommended that the Government continue its efforts to empower women and promote their rights, paying particular attention to women belonging to minorities. The Committee recommended that the State party take appropriate steps to combat manifestations in the media, as well as in everyday life, of racial prejudice that could lead to racial discrimination. The Committee also recommended that, in the area of information, the State party promote understanding, tolerance and friendship among the various racial and ethnic groups in the State party, especially on the part of public officials, and including through the adoption of a media code of ethics that would commit the media to showing respect for the identity and culture of all communities in the State party, taking into account the possible intersection of racial and religious discrimination. The Committee recommended that the State party continue its efforts to implement measures to enable persons belonging to minorities to have adequate opportunities to learn their mother tongue and to have it used as a medium of instruction. It requested the State party to provide more information on the literacy levels of ethnic minorities. The Committee urged Iran to take the necessary steps to achieve effective protection from discrimination against Arab, Azeri, Balochi and Kurdish communities and some communities of non-citizens in various domains, in particular, employment, housing, health, education and freedom of expression and religion.

Morocco

Having examined the combined seventeenth and eighteenth periodic reports or Morocco, the Committee welcomed with satisfaction the adoption of several laws aimed at preventing and fighting against racial discrimination, such as the Articles 9, 36 and 478 of the Labour Code which prevented and protected against any discrimination as regards to employment and profession; Law number 62-06 of 2007 which modified the Nationality Code of 1958 and now allowed for Moroccan women to also transmit their nationality to their children on an equal footing with men; and the Press Code of 2003 which punished any incitement to racial discrimination, racial hatred or violence. The Committee also welcomed the adoption in 2004 by the State party of the Family Code which aimed at promoting the principle of equality between men and women. The Committee further welcomed the declaration made by Morocco under Article 14 of the Convention which now allowed any individual or group of persons from Morocco to seize the Committee on matters where they felt they had been the victims of racial discrimination.

The Committee regretted that the principle of primacy of international treaties over the State party’s national legislation, provided for in certain of its laws, was not consecrated in the State party’s Constitution. The Committee also expressed concerns over the fact that the definition of racial discrimination in the State party’s legislation was not fully in-line with the provisions of Article 1 of the Convention. While noting the information provided by the State party on the measures taken to promote the language and culture of the Amazighs, the Committee was concerned over the fact that the Amazigh language was not recognized as an official language by the State party’s Constitution and that certain Amazighs continued to be victims of racial discrimination, particularly in the area of employment and health services, especially when they do not speak Arabic.

Wondering about the signification and the scope of the notion of “fist names of Moroccan character”, as outlined in the Article 21 of the Law number 37-99 of 2002 on the registry office, the Committee requested the State party to clarify the meaning and the scope of this notion and to guarantee the full implementation by state registrars of the Ministry of Interior’s note of March 2010 on the choice of first names, to ensure the registration of first names, particularly Amazigh first names. While noting with concern the absence of a legislative and institutional framework with regard to the protection of refugees and asylum seekers, the Committee recommended that the State party established such a framework in order to clarify the asylum procedures and to guarantee the protection of the rights of refugees and asylum seekers. The Committee was also concerned over information according to which non-nationals without a resident’s permit, particularly those of sub-Saharan origin, had become the victims of racial discrimination and xenophobia, and by the fact that they were often detained without benefiting from all judicial guarantees and that they did not always have access to tribunals. The Committee thus recommended to the State party that it take measures aimed at protecting them, ensuring the application of all judicial guarantees relating to their detention and to facilitate their access to tribunals.

Romania

Concerning the combined fifteenth to nineteenth periodic reports of Romania, the Committee noted with satisfaction that the revised Constitution of 2003 included provisions relating to the prevention of discrimination. The Committee welcomed the adoption of several laws and ordinances, such as Ordinance number 137 of 2000 on the prevention and repression of all forms of discrimination which constituted the general judicial framework on the matter and Law number 107/2006 which gave a large definition of the Holocaust including the persons of Roma ethnic origin. The Committee noted that the State party had established different organs and institutions relevant to the fight against discrimination, such as the National Council for Combating Discrimination, the National Agency for the Roma, the People’s Advocate, the Committee on National Minorities, the National Audiovisual Council of Romania, and the Department for Interethnic Relations. The Committee also noted with satisfaction that the State party had taken measures and started programmes and plans for the integration of persons belonging to minorities, the education and teaching of Roma children, the promotion of mother tongues of ethnic minorities, as well as the prevention of discriminations against persons belonging to ethnic monitories.

While noting all the different measures taken by the State party aimed at preventing and fighting racial discrimination and protecting the most vulnerable groups, the Committee regretted that the State party had not submitted sufficient information on the practical effects of all these measures. The Committee was also concerned over the fact that provisional austerity measures adopted by the State party in 2009 and 2010 to address the global economic and financial crises were likely to have a negative impact on the situation of the most vulnerable groups of the society and the most exposed to racial discrimination. While it noted the numerous measures taken by the State party to improve the situation of Roma people and to prevent and fight the racial discrimination against them, the Committee was however concerned about the fact that Roma people continued to be the victims of racial stereotypes and racial discriminations with regard to the access and quality of education, including segregation of Roma children, access to housing, healthcare, health and social services and employment. The Committee also noted with concern that the possibility for persons of an ethnic minority, particularly the Roma, to use their own language or to communicate in their own language was not always guaranteed at all stages of judicial procedures, because of the insufficient number of interpreters, which constituted an infringement of their right to a good administration of justice.

Among its recommendations, the Committee recommended that the State party take all appropriate measures to bring the National Council for Combating Discrimination fully in line with the Paris Principles. While noting that the competences of the various institutions and organs involved in the fight against discrimination could overlap, which could harm their respective efficiencies, the Committee recommended that the State party clarify the respective competencies of the various institutions. Concerned over the existence of cases of excessive use of force, ill-treatment and abuse of power by police and security forces against persons belonging to minority groups, particularly the Roma, the Committee encouraged the State party to take all necessary measures and strengthen existing ones to fight against such practices; to facilitate access to appeals to persons belonging to minorities against such practices; to guarantee an effective and objective treatment of appeals under the control of the General Inspectorate of the Police; and to ensure that such acts were prosecuted against effectively and sanctioned by the judicial authorities. Concerned over information on the propagation of racist stereotypes and hateful speech against persons belonging to minorities, particularly the Roma, by certain newspapers, certain media, certain political parties and certain political figures, the Committee recommended that the State party take effectives measures to sanction these. The State party should also take measures aimed at promoting tolerance between ethnic groups.

Slovenia

Concerning the consolidated sixth and seventh reports of Slovenia, the Committee noted with satisfaction the establishment of the “Institute of special care” and the “Institute of integration” within the Ministry of Culture aimed at combating social exclusion and marginalization of the ethnic minorities residing in Slovenia. The Committee welcomed the adoption of a project called “promotion of employability, education and social inclusion of migrant workers and their families”. Its objective was to establish an “Info Point” to facilitate and help prevent exploitation and discrimination of migrant workers as well as improve their employment opportunities in Slovenia. The Committee welcomed the following legislative and institutional developments in combating racial discrimination of the Roma community in Slovenia: the adoption in March 2010 of the “National Programme of Measures for Roma People for the 2010–2015 period” (this programme outlines a series of measures to combat discrimination against Roma in access to education, housing, health care, employment and living conditions); the adoption in 2007 of the Roma Community Act; the establishment of the Roma Community Council, which represents the interests of the Roma community in Slovenia before State authorities; and the adoption in 2004 of the “Strategy Plan for the Education of Roma”, where representatives of the Union of Roma of Slovenia participated in its drafting. The Committee noted with appreciation that the State party, in preparing its periodic report, consulted with organizations of civil society.

The Committee took note of the 2002 census data provided by the State party on the ethnic composition of the population and the main minorities residing in Slovenia, but it was concerned about the insufficient data of persons from certain minority groups, particularly minorities from former Yugoslav republics. The Committee, while expressing appreciation for the measures adopted by the State party to eliminate discrimination against the Roma communities, remained concerned about the continued marginalization and precarious socio-economic situation of members of this minority, and the discrimination they were faced with, including in the fields of education, housing, health, and employment. While welcoming the various measures adopted by the State party to ensure equal access to education for Roma children including through the “Strategy for the Education of Roma in the Republic of Slovenia”, the Committee was concerned about the practice of segregating these children in Slovene schools –ordinary or “special” – which had not yet been completely abolished. The Committee was also concerned at the placing of Roma in camps outside populated areas that were isolated without access to health care and other basic facilities. While welcoming the adoption of the Criminal Code in 2008 which criminalizes incitement to racial hatred, the Committee was concerned about continuing public manifestations of hate speech and intolerance by some politicians in the media, including online, towards persons belonging to minorities.

The Committee recommended that Slovenia provide information on the use of mother tongues as indicative of ethnic differences, together with information derived from targeted social surveys performed on a voluntary basis, with full respect for the privacy and anonymity of the individuals concerned. The Committee urged the State party to enhance its efforts aimed at combating discrimination against Roma and recommended that the State party engage in a data-gathering exercise to ensure that special measures in favour of Roma, in the fields of education, housing, health and employment, are designed and implemented on the basis of need, and that their implementation is monitored and their effectiveness is regularly assessed. It was also recommended that Slovenia take all necessary measures to eradicate completely the practice of segregating Roma children in the school system and ensure that they enjoy equal opportunities in access to quality education at all levels. The Committee also recommended that the State party ensure that all measures provided for in the “Strategy for the Education of Roma in the Republic of Slovenia” were implemented in practice and the time frames, resources, responsibilities, and monitoring mechanisms were clearly set out. The Committee urged the State party to ensure the effective investigation and prosecution of all acts of political discourse against minorities that were not in line with the Convention.

Uzbekistan

Following its examination of the sixth and seventh periodic reports of Uzbekistan, the Committee welcomed the ratification by the State party of several international instruments related to human rights’ protection and in particular the accession of the State party to the Second Optional Protocol to the International Covenant on Civil and Political Rights in December 2008. The Committee also welcomed the legislative measures taken to improve the promotion and protection of human rights in the State party since the examination of the fourth and fifth periodic reports, in particular the abolition of the death penalty and the introduction of judicial control over decisions to place individuals in custody (habeas corpus) in January 2008 and other judicial and legal reforms. The Committee noted with satisfaction the information that the State party provided access to its territory to up to 100,000 refugees from Kyrgyzstan following the recent outbreak of violence and the active cooperation of its Government in ensuring the provision of humanitarian assistance to those in need. The Committee welcomed the establishment of the National Plan of Action on Fulfillment of the Recommendations of the Committee on the Elimination of Racial Discrimination for the past concluding observations and the information provided by the delegation that a similar Plan would be adopted in respect to the present concluding observations. The Committee encouraged the State party to submit comprehensive information on the implementation of the above Plan.

Committee concerns with regard to Uzbekistan included the fact that while some demographic data has been provided, the disaggregated demographic data on the implementation of the Convention was insufficient. There were no economic and social indicators, disaggregated by ethnicity and gender, which made it difficult to identify and tackle discrimination. The Committee was concerned about the substantial number of stateless persons in the State party, the complicated procedures regulating the acquisition of Uzbek citizenship and the limited other measures taken to avoid statelessness. The Committee was concerned in particular regarding the conditioning of the acquisition of Uzbek citizenship on the renunciation of any other citizenship, which may lead to statelessness. The Committee also expressed concerns about the situation of children of stateless parents. The Committee noted with concern the absence of specific legislation on refugees, in particular the lack of legal safeguards against forced removal of individuals to a country where their life/health may be at risk. The Committee noted with interest the information provided by the State party on the work of the National Centre for Human Rights and the Commissioner for Human Rights of the Oliy Majlis (Ombudsman). Insufficient information was provided, however, to ascertain whether these institutions complied with the Principles relating to the Status of National Institutions for the Promotion and Protection of Human Rights (the Paris Principles).

The Committee requested that the State party provide detailed and updated disaggregated data on the ethnic and gender composition of its population in its next report. The Committee encouraged Uzbekistan to amend its national legislation and remove administrative barriers to the acquisition of Uzbek Citizenship by stateless persons including the children of stateless persons in its territory in an effort to prevent statelessness, as well as to consider ratifying the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. The Committee reiterated its recommendations for the State party to elaborate a legislative framework for the protection of refugees in accordance with international standards, to pursue its cooperation with United Nations High Commissioner for Refugees and to protect persons who have sought refuge in Uzbekistan. The Committee also recommended that the State party, in accordance with article 5 (b), ensure that no person would be forcibly returned to a country where there were substantial grounds for believing that he/she would face persecution and that his/her life or physical integrity may be put at risk. In this regard, the State party was invited to establish a mechanism to permit review of decisions to remove aliens, with a suspensive effect on removals, pending examination of the review. The Committee encouraged the State party to ensure a national institution clearly in conformity with the Principles relating to the Status of National Institutions for the Promotion and Protection of Human Rights (the Paris Principles) existed and that it was provided with adequate human and financial resources.

Decision on Kyrgyzstan under Early Warning and Urgent Action Procedure

In a decision on Kyrgyzstan under its early warning and urgent action procedure, the Committee registered its alarm at the reports of the attacks and killings that occurred in June 2010 in the southern part of Kyrgyzstan, as a result of tensions between the Uzbek and the Kyrgyz ethnic groups. It also expressed serious concern about information according to which the ethnic Uzbek community appeared to have become the main target of subsequent law enforcement activities, including threats, unlawful arrests, unlawful detentions, disappearances, torture and denial of access to justice. The Committee urged the Government to ensure the protection of all its citizens from ethnic hatred, including by ensuring a balanced approach by the law enforcement agencies and local authorities and by holding those committing violations personally accountable. It also urged the Government to pay due attention to possible discrimination on ethnic grounds in other areas, including employment and education, to carefully consider the role of national and local media with regard to the situation, and to ensure that the reconstruction of Osh did not further victimize affected ethnic Uzbek communities. It strongly urged the Government to facilitate access to justice for the victims, to investigate the violations of human rights, bring to justice those responsible, provide redress to the victims and their families, including by returning their property, and to promote dialogue between different ethnic communities with a view to achieving tolerance and peace. The Committee particularly urged the State party to cooperate with the Organization for Security and Co-Operation Policy Mission deployed in Kyrgyzstan, and to support the creation of an international independent commission of inquiry and cooperate with it, with a view to complementing the national investigation. The Government was requested to provide information to the Committee on the situation and the measures taken to redress it not later than 31 December 2010.

Membership and Bureau

The Committee is composed of 18 independent experts who are persons of high moral standing and acknowledged impartiality. The following members, nominated by the States parties to serve in their personal capacity, have been elected to the Committee: Nourredine Amir (Algeria); Alexei Avtonomov (Russian Federation); José Francisco Cali Tzay (Guatemala); Anastasia Crickley (Ireland); Fatima-Binta Victoria Dah (Burkina Faso); Ion Diaconu (Romania); Kokou Mawuena Ika Kana (Dieudonné) Ewomsan (Togo); Régis de Gouttes (France); Huang Yong'an (China); Anwar Kemal (Pakistan); Dilip Lahiri (India); Gün Kut (Turkey); José Augusto Lindgren Alves (Brazil); Pastor Elias Murillo Martinez (Colombia); Chris Maina Peter (Tanzania); Pierre-Richard Prosper (United States of America); Waliakoye Saidou (Niger); and Patrick Thornberry (United Kingdom).

Anwar Kemal is the Chairperson of the Committee. José Francisco Cali Tzay, Fatima-Binta Victoria Dah and Pierre-Richard Prosper are Vice-Chairpersons and Ion Diaconu serves as Committee Rapporteur.


For use of the information media; not an official record

CERD10/030E