Committee on the Elimination of Racial Discrimination

56th session (Geneva, 6 to 24 March 2000)

1. Reports by States

Australia

The Committee noted with satisfaction the initiatives undertaken by the State Party in the area of racial discrimination, including those that followed the recommendation of the Royal Commission on Aboriginal Deaths in Custody. Particularly welcomed was the launching of the "New Agenda for Multicultural Australia" and the implementation of the "Living in Harmony".

Concerns however were expressed about the absence of any entrenched guarantee against racial discrimination within Australian law and the need for the effective participation of indigenous communities in decisions affecting their land rights. Further concern was voiced at the changes earmarked for the Aboriginal and Torres Strait Islanders Commission and the Aboriginal and Torres Strait Islander Social Justice Commissioner, within the Human Rights and Equal Opportunity Commission. Whilst the Committee acknowledged efforts undertaken to achieve reconciliation with the indigenous community they were concerned at the indigenous peoples’ apparent lack of confidence in the process. Regret was also expressed at the State Party’s failure to support a formal national apology subsequent to the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families.

Bahrain

A particular issue of concern for the Committee was the existence of legislation that specifies an act is only considered racially discriminatory if it is contrary to public peace, order or morality. Amongst the Committee’s other concerns was the protection afforded to foreigners and the enjoyment of the rights and freedoms guaranteed under Article 5 of the Convention. It was recommended by the Committee that amongst other things, Bahrain provide examples of practical implementation of the provisions of the Convention. Guarantees of equality and judicial rules were deemed insufficient to ensure the absence of racial discrimination within the country. The Committee also requested information on the responsibilities of the National Committee for Human Rights, regarding its composition, methods and achievements in combating racial discrimination.

Denmark

The Committee commended the enactment of legislation regarding aliens and ethnic equality. It acknowledged the establishment of a new Committee of Ministers and the launching of a Report and Plan of Action to improve the integration of aliens. However, since the new Act on Integration of Aliens decentralised the responsibility for integration, the State party was recommended to monitor its implementation in order to ensure that such geographical distribution followed the principle of equity. The State party was also recommended to take measures to reduce unemployment amongst foreigners.

The Committee also expressed concerned about the activities of organisations propagating racial hatred. In particular it was noted that a neo-Nazi radio station had had its license renewed by the Ministry of Culture.

Estonia

Although the Committee particularly welcomed relevant legislative reform, especially with regard to the supremacy of the Convention over domestic legislation, many concerns were raised. The immigration quota system, for instance, that does not apply for citizens of the European Union, Norway, Iceland and Switzerland, was considered by the Committee to be discriminatory, and reconsideration of the law was recommended.

It was also noted by the Committee that in the Criminal Code, the crime of genocide is linked to periods of occupation or annexation. Concern was therefore raised regarding the act of genocide in times of peace.

The need to combat racist organisations and to implement effective penalties in case of acts of racism or racial discrimination was another recommendation made by the Committee.

France

The Committee noted the progress that was being made in criminalising racial discrimination and crimes against humanity. However, concern was expressed over new French law, that requires companies who transport individuals to France, to make sure that these persons have the legal right to come to the country. Airlines are to be penalised if they fly persons who do not have to necessary papers. The Committee was concerned that the French government had delegated a function of this importance to private companies.

Lesotho

The Committee welcomed the Constitutional status granted to the protection of human rights and the recognition of the principle of equality of persons in Section 18, which precludes any form of discrimination, including racial discrimination.

It was noted that while the Government of Lesotho claimed to have no problems of racial discrimination in the country, the riots of 1998 proved otherwise. During this time many foreign immigrants were targeted and their property destroyed. It was further noted by Ms McDougall, the country Rapporteur, that this opinion of the Government of Lesotho had resulted in little action being taken to review governmental, national and local policies or to amend or nullify laws or regulations creating racial discrimination. Concern was expressed about the status of international conventions in Lesotho; the increasing expressions of xenophobia resulting in acts of racial discrimination; and the absence from the 1971 Race Relations Order of a comprehensive legislative framework that prohibits and penalises acts of racial discrimination.

Malta

The Committee welcomed changes to Malta’s domestic legislation regarding Article 4 of the Convention. The Government recently agreed to allow its citizens dual citizenship, and new laws covering refugees and asylum seekers were also adopted.

Of particular concern to the Committee were issues of racial discrimination in housing; the Employment Commission’s lack of authority to consider all aspects of racial discrimination; and the lack of information on how national legislation that implemented Article 5 of the Convention was applied in practice. Furthermore, it was recommended that the State Party review the new Police Code in order to ensure that police officers are charged for acts violating the Covenant provisions.

Spain

The Committee was primarily concerned with the growing tension in Spain between immigrants and Spaniards. Conflicts have been occurring between the two parties, particularly in El Ejido. Since the area’s unemployment rate is above average, many people are complaining that "foreigners are taking their jobs". It was reported that foreigners face discrimination when they are looking for a job or housing. Furthermore, the Committee expressed its concern about racist attitudes within the police and Civil Guard. Also noted, by the Committee, was the low number of cases regarding racial discrimination that are brought before national courts.

Another issue that was of particular importance to the Committee was that of Spain’s marginalised Gypsy population. The few available figures on the Gypsy population show that, compared to the rest of the population, few Gypsy children attend school, and there is a high dropout level amongst those that do.

Tonga

Due to a lack of financial resources, the State Party did not send a delegation to the meeting so the Committee reviewed its report in the absence of the State Party.

The Committee noted that although it had recommended Tonga to ratify the amendments to Article 8(6) of the Convention, it has so far failed to do so. It was also noted that the Convention had not been incorporated into domestic law and can therefore not be invoked before the national courts. The Committee proceeded to underline that even if there is no racial discrimination, as Tonga had repeatedly asserted, States are still obliged to enact explicit legislation in accordance with Article 4 of the Convention as a preventive measure. Particular concern was also expressed at section 10(2)(c) of Tonga Immigration Act, according to which the right to marriage between a Tonga citizen and a non-Tonga citizen is conditioned by the written consent of the Principal Immigration Officer. The Committee considered that such legislation might constitute a breach to Article 5(d) of the Convention.

Rwanda

In Rwanda the principle of non-discrimination is embodied specifically in the Constitution (of 10 June 1991) and in the Arusha Peace Agreement between the Rwandan Government and the Rwandan Patriotic Front. It was also acknowledged that other statutory provisions, particularly the Criminal Code and the Labour Code also prohibit racial discrimination. However, the Committee did regret that the State Party report contained little information on racially discriminatory acts.

In light of recent reports received concerning village-based defence forces, armed with firearms and machetes, the Committee stressed the need of the Government to continue to address impunity through the judicial process and to make additional efforts to adequately respond to and prevent acts of serious ethnic violence committed by members of the military or civilian authorities.
The State Party was also commended by the Committee on its efforts to receive refugees from neighbouring countries.

Zimbabwe

The question of land distribution was a major issue of concern for the Committee. Under the Land Tenure Act of 1969, 50% of the country was reserved to white farmers, including most of the arable land in the North and East. As a result of this policy, the majority of the country’s peasant farmers live in the lower-lying lands in the South and West. Although the act was repealed in 1979, little change occurred in the distribution of land. About 30% is still owned by 4,000 white commercial farmers. It was felt by the Committee, that much could still be done by the Government to improve black farmers’ access to land, for instance by improving access to financial and technical support. In particular, the State Party was encouraged to continue its study of land reform with a view to implementing a comprehensive and equitable land reform programme in Zimbabwe.

Further concern was expressed over the limited power of the Ombudsman’s to investigate the action of public officials in the field of racial discrimination. Reference was also made to Article 4 of the amendment to the Ombudsmen Act and the limit it placed on access to the complaints process. The Committee recommended that the State Party take appropriate measures to ensure that the Ombudsmen is able to monitor public officials and their powers.

2. General recommendations

During its 56th session the Committee adopted two General Recommendations:

No. 25 . Gender-related dimensions of racial discrimination

In this General Recommendations the Committee notes that racial discrimination often impacts men and women in different and unequal ways. Certain incidents only affect women, whilst others affect women in different ways to men. Often specific forms of racial discrimination have been directed towards women on account of their gender. This includes sexual violence against women of a particular race or ethnicity during armed conflict and the coerced sterilisation of indigenous women. Pregnancy as a result of racially motivated rape was also a prevalent problem. Women can also be hindered by a lack of access to remedies or complaint mechanisms for racial discrimination, due to gender related restraints. Furthermore, the General Recommendation specifically recognises that some forms of racial discrimination have a unique, specific impact upon women.

In conclusion, the Committee reiterates its commitment to endeavour to take gender considerations into account during its work and notes that State Parties would be requested to describe factors affecting and difficulties experienced in ensuring the women’s equal enjoyment, free from discrimination, of rights under the Convention.

No. 26. Reparation to victims of racial discrimination

In adopting this General Recommendation, the Committee recognises that members of the ethnic majority often underestimate the degree to which acts of racial discrimination and racial insults damage the injured party’s perception of their own worth and reputation. The Committee considers that courts and tribunals should give consideration to the possibility of offering financial compensation for victims of racial discrimination. The right to seek just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination (as embodied in Article 6 of the Convention) is not necessarily secured solely by the punishment of the perpetrator of the discrimination.

During its 56th session, the Committee also held discussions on a draft statement on the ethnic dimensions of some contemporary conflicts, in which it stressed the need to identify situations that involved ethnicity.

2. Urgent action procedure

The Committee had scheduled five State parties, namely Bangladesh, Greece, Qatar, Slovenia and Vietnam under this procedure, as they had not submitted a report to the Committee during the preceding five years. Bangladesh, Greece and Slovenia were eventually removed from the agenda under this item, because they submitted a report during or immediately before the session. Qatar and Vietnam were removed because of their request for a postponement, indicating that they would be filing a report shortly.

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