International Service for Human Rights
 |
 |
|
|
|
|
|
 |
Human Rights Monitor | ||||||||
|
Training | ||||||||
|
HRDO | ||||||||
|
News | ||||||||
|
UN and Regional Human Rights Systems | ||||||||
|
Links | ||||||||
|
|||||||||
|
|||||||||
|
Committee on the Elimination of Racial Discrimination 57th session (Geneva, 31 July to 25 August 2000)
In addition to the standard review of State Parties reports, during the 57th session, the Committee held its first thematic discussion on the issue of discrimination and the Roma people. Non-governmental organisations and experts, along with several representatives of the Sub Commission expressed their concern at the plight of this group who had suffered under the negative effects of racial discrimination for centuries. 1. Reports by States Czech Republic The Roma was the principal area of focus in the report itself and in the following discussion. Marc Bossuyt, the Country Rapporteur, noted that segregation in the Czech Republic still resembled a mini-apartheid. He and other members commented on the insufficient remedies available to the Roma in light of racial discrimination and their lack of equality in relation to the administration of justice. Discrimination against the Roma in the fields of housing, employment and education were also apparent and the State was requested to provide information, in their next report, on the impact of measures taken to improve their situation, particularly with respect to social exclusion. Further recommendations included a request that effective measures be taken to promptly eradicate racial segregation in schools, including the disproportionate number of Roma children placed in special schools and the strengthening of measures already undertaken to intensify enforcement of criminal law against racially motivated crimes. Finland The Committee expressed particular concern about the discrimination experienced by the Roma. Measures were recommended to be taken to improve the situation of the Roma minority at national and municipal levels in order to prevent social exclusion and discrimination, particularly in the fields of housing, education, employment, and regarding their denial of access to public places, such as restaurants. Another concern of the Committee was the situation of the Saami. The situation regarding land rights and ratification of ILO Convention No. 169 on the Rights of Indigenous Peoples was raised, and the State party commented that they had appointed a Special Rapporteur to examine the former. His conclusions, however, had prompted divergent opinions, leaving the issue unresolved. Furthermore, it was contended by the delegation that the right to land ownership was not a prerequisite to the ratification of the ILO Convention. The Committee maintained that this issue was still of vital importance, and that measures taken in the 1990s had only improved the protection of the Saamis’ cultural rights. The balance of strength in the Saami Parliament vis-à-vis the Finish Government also provoked comment from the Committee. The absence of law prohibiting organisations promoting and inciting racial discrimination and the need to increase the severity of sentences for racially motivated crimes, particularly racial violence, were further concerns of the Committee. Ghana The Committee welcomed the Government’s policy of preventing the exploitation of ethnic differences. Despite having a population consisting of more than 50 ethnic groups, Ghana has so far avoided serious, prolonged conflict. Also welcomed was the establishment of the Commission on Human Rights and Administrative Justice to protect human rights (particularly against racial discrimination) and to investigate violations of human rights and fundamental freedoms. The Committee noted the establishment of the National Commission for Civil Education and welcomed its activities in the field of human rights, education and training. The Government of Ghana was also commended for adopting measures that outlawed the practice of slavery known as "Trokosi", which affected females in the Ewe ethnic group. Concern was expressed by the Committee that there were continuing tensions between various ethnic groups in the northern region of Ghana, as well as the lack of detailed information provided about the work of the Commission on Human Rights and Administrative Justice. Further information was requested to be included in future reports regarding the Commission’s handling of cases of racial discrimination and the demographic composition of the country. Holy See The positive role of the Holy See in bringing an end to the ethnic conflicts in the Balkans and the Great Lake region was praised by the Committee. Also congratulated was the role the Catholic Church had played in promoting education beyond religious creed and tolerance. The Committee recommended, among other things, that the Holy See implement, as appropriate, the Convention and invited the State party to provide it with information relating to Article 4, regarding Canon Law and Penal Law in the State of Vatican City. Given the reported involvement of ecclesiastics (against the precepts of evangelical laws) in the genocide in Rwanda, the Committee stated that the State party should co-operate fully with the national and international judicial authorities concerning the Rwandan genocide. Mauritius The Committee commended the existence of constitutional and legislative provisions prohibiting racial discrimination and incitement to racial hatred. It was noted, however, that the absence of judicial decisions relating to such acts did not mean that there was no racial discrimination in Mauritian society. Also welcomed was a number of initiatives that had been undertaken to promote racial harmony including the establishment of the "Commission de Réflexion" in 1996 as a "think tank", comprised of individuals from different ethnic origins and faiths. On a negative note, it was observed that specific legislation had not been created to prohibit organisations and organised propaganda from promoting racial discrimination (pursuant to Article 4 of the Convention). In response, the State expressed its belief that existing criminal laws offered sufficient protection. Further information was also requested, by the Committee, about the rioting that had broken out between Creole groups and persons of Indian origin, following the death of a popular singer at a police station. Also requested from the State party was further information regarding the functioning of the Human Rights Commission and the Committee on Poverty. Netherlands The Committee commended the many positive measures the Netherlands had implemented, including their lack of distinction between nationals and non-nationals when referring to minorities. Also welcomed was the plan to apply the Framework Convention for the Protection of National Minorities, with regard to nationality. The Committee also praised the efforts undertaken to address the problems of children with different language backgrounds in the Dutch Antilles. Some concern, however, was expressed at the fact that the unemployment rate of minority groups remained four times higher than among the native Dutch population and about the insufficient protection against discrimination in the labour market. Norway The Committee welcomed the adoption of the Human Rights Act; the establishment of the Centre for Combating Ethnic Discrimination; the Implementation of the Plan of Action for Human Rights as well as the Plan of Action for Recruiting Persons with an Immigrant Background to the State, for the period 1998-2001. Also praised was the apology to the Roma people for violations of human rights suffered in the past. Particular areas of concern were raised by the Committee in relation to the State Party’s report including: the absence of measures ensuring the incorporation of the Convention into the Human Rights Act; the non-explicit prohibition of racial discrimination in the Constitution; and the ineffective protection mechanisms within the Norwegian criminal code. Also of concern to the Committee were reports of racist organisations that had not been prohibited and reports of racial discrimination in access to public places, such as restaurants and night clubs. Slovakia The position of the Roma minorities in Slovakia was of significant concern to the Committee. Especially in light of the alleged failure of the relevant authorities to effectively and fairly investigate and prosecute racially motivated violence. Furthermore, while the establishment of the Government’s Plenipotentiary for Addressing Roma Minority Issues and approval of the 1999 Strategic Plan to tackle Roma matters were praised, the absence of legislation prohibiting discriminatory employment practices, and the poor health of, and high mortality rates among the Roma raised significant concern. Legislation that allowed for discrimination in the provision of state housing at a municipal level was strongly criticised. Also noted was the segregation and placement of Roma children in schools for the mentally disabled and the high dropout rates of Roma children from the education system. Finally, the Committee viewed the creation of the post of Deputy Prime Minister on Human Rights, National Minorities and Regional Development as positive, but urged Slovakia to focus on the continued practical implementation of the Convention. Concerns regarding allegations that the police and prosecutors had failed to investigate acts of racially motivated violence promptly and effectively, and had been reluctant to identify racial motive behind attacks, were also taken up by the Committee. Slovenia The Committee noted the efforts of Slovenia to promote and ensure the protection of human rights, since its independence in 1991, especially those measures taken to resolve the issue of citizenship for former citizens of the Socialist Federal Republic of Yugoslavia. However, the status of the Convention in relation to national law was questioned and a review of national legislation was recommended. It was noted that the level of protection allotted to minority groups such as Italians and Hungarians far exceeded that provided to minority groups such as Croats, Serbs, Bosnians and Roma. Other concerns raised by the Committee were that current legislation did not meet all the requirements of Article 4 (which were mandatory) and that the temporary protection offered by Slovenia to refugees may be insufficient to guarantee their basic rights. Sweden The Committee welcomed the recent legislative initiatives undertaken by Sweden including the Act on National Minorities in Sweden, the Act on Immigrant Integration Policy and the Ethnic Discrimination Ombudsman Act. It also welcomed the implementation of programmes such as "EXIT" to counteract the activities of racist organisations, and the enforcement of training for prison and probation officials in combating prejudice, racism and xenophobia amongst staff. The Committee expressed concern at the recent upsurge in racism and xenophobia, leading to an increase in neo-Nazi violence amongst youth and the increasing popularity of "white power" music. United Kingdom The Committee welcomed the reform procedures outlined in the 1999 Immigration and Asylum Act and the follow-up action to the MacPherson report, following the racially motivated murder of Stephen Lawrence. The existence of "institutional racism", particularly within the police force and other public institutions, had been acknowledged and there was an acceptance that public authorities had a duty to promote racial equality. In its next report, the State Party was invited to indicate the progress of the Action Plan in this regard and on the strategies it is considering to combat any backlash to the Lawrence Inquiry Report (within certain parts of the police force). The State Party was encouraged to take the lead in conveying positive messages about asylum seekers and in protecting them from racial harassment. Regarding the dispersal system, the Committee recommended a strategy be implemented to ensure asylum seekers access to essential services and the protection of their basic rights. Whilst noting efforts to clear the backlog in asylum seekers’ applications, the Committee encouraged the United Kingdom to put into place effective safeguards to ensure that their rights are respected. Uzbekistan The Committee raised concern over reports of isolated cases of inter-ethnic conflict, and considered that more effective prevention and monitoring was required. Further criticism was directed at incidents of discrimination against refugees and asylum seekers, particularly regarding their access to Uzbeki social security and the lack of domestic legislation protecting their rights. The Committee welcomed Uzbekistan’s ratification of the six major human rights international instruments, its ratification of International Labour Organisation Convention No. 111 (concerning Discrimination in Respect of Employment and Occupation) and the measures taken in the field of teaching, education, culture and information on human rights. 2. Thematic discussion on the Roma A two-day debate, from 15 to 16 August 2000, was held by the Committee on the issue of discrimination against the Roma people. This was the first occasion that the Committee had given consideration to a thematic issue. A number of representatives of non-governmental organisations participated in the discussion, as well as Sub-Commission experts, as the annual session was being held concurrently. A representative of the United Nations High Commissioner for Refugees was also present. This meeting was seen as an occasion to jointly seek solutions to what was a cross-border problem. In his opening statement, the Chairperson of the Committee on the Elimination of all forms of Racial Discrimination, Michael E. Sherifis, commented that the Committee was all too aware that the Roma, Gypsies, Tsiganes, Yenches and Chicanes had been discriminated against and subjected to ill treatment for centuries. In particular he noted that Roma children had been placed in schools for the mentally disabled (in violation of the right to equal access to education). Discrimination with respect to employment, education and health was also noted as being widely experienced. Other concerns included occurrences of forced relocation of Roma in some countries and the existence of Roma settlements in isolated locations, often in close proximity to rubbish deposits or on contaminated industrial sites and lacking in basic sanitary facilities. The prevalence of police brutality and incidents of physical violence against the Roma by racist organisations was also acknowledged. Most worrying was the impunity that often surrounded such acts. Of the 12 NGO participants who made statements, most gave regional examples of the plight faced by the Roma. Virtually all of them were from Eastern and Central Europe, a point highlighted by the Committee. As many experts commented, whilst the majority of Roma lived in Europe, it was not merely a European issue as Roma in other parts of the world faced similar problems. A representative of Save the Children and the Roman Center for Social Policy (Romania) spoke on the effects of slavery and the stigmatisation of Roma people throughout history. The anti-Roma State policy had reached its zenith during the Second World War, when tens of thousands of Roma were sent to extermination camps (referred to as porajmos – "big fire"). A representative of the International Movement against Discrimination and Racism commented that traditional clichés regarding "travelling Gypsies", resulted in Roma being classified as a marginal social group whose issues were regarded as social problems. Mr Maurice Glele-Ahanhnzo, the Special Rapporteur on Racism, Racial Discrimination, Xenophobia and Related Intolerance, also recounted his findings on his mission to Romania and Bulgaria. He reiterated many of the comments made by Mr Sherifis in his opening statement. Ms Antonella Motoc, Chairperson of the Sub Commission on the Promotion and Protection of Human Rights, recounted the developments made on this matter in the Sub Commission. Mr Yeung Sik Yuen, an expert of the Sub Commission, spoke on his working paper, recently presented at a session of the Sub Commission, focusing on the racial discrimination and associated economic consequences faced by the Roma people. Mr Eide, another interdependent expert of the Sub Commission, noted that whilst CERD focused on non-discrimination it also promoted the rights of minorities. The Sub Commission had itself been focusing on protecting the rights of nationalities, especially ethnic minorities. Ms Kirsten Young, UNHCR, noted that many Roma in south-eastern Europe faced the double burden of traditional discrimination and marginalisation, coupled with the difficulties resulting from being displaced and living in societies affected by armed conflict. The fate of the Roma communities in Kosovo was a case in point. Indeed UNHCR had pressed for the recognition of Kosovo Roma as refugees or individuals in need of international protection in those European countries in which they had been seeking asylum. A number of refugee claims indicated a pattern of discrimination which, when combined with the lack of an effective remedy, might qualify as a fear of persecution within Article 1 of the 1951 Convention on Refugees. The Deputy High Commissioner for Human Rights, Mr Bertrand Ramcharan, emphasised how identity and equality were mutually dependent upon each other. Other issues raised by those present included questions pertaining to identity and citizenship; segregation and equality. The importance of education for Roma children was also highlighted. It was perceived as essential to their integration into society and as an instrument in freeing the Roma community from prejudice. Ms Gay McDougall, a Committee expert, gave particular emphasis to the situation of women and girls within the Roma community. 3. General recommendations During its 57th session, the Committee adopted one General Recommendation. No. 27 . Discrimination against the Roma Subsequent to the discussion, a General Recommendation was adopted. It urges State parties to the Convention to adopt a number of measures regarding various issues. Within this General Recommendation, State parties are called upon to:
As a further recommendation, the United Nations High Commissioner for Human Rights was urged to give consideration to the establishment of a focal point for Roma issues within the Office of the High Commissioner. The discrimination faced by the Roma was also identified as needing to be taken into account during the forthcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, to be held in Durban South Africa in 2001. 4. Urgent action procedure The Committee conducted a general debate under the early warning and urgent action procedure. No decisions were adopted on specific country situations. Due to its tight work schedule at this session, the Committee did not examine country situations under the review procedure, which allows the Committee to consider the situation of a State party, in the absence of a report, if the State party has not submitted a report for five years or more.
|
||||||||||||
|
