Committee On Elimination Of Racial Discrimination Concludes Sixty-Sixth Session
Issues Concluding Observations on Reports Presented by Lao People’s
Democratic Republic, France, Luxembourg, Australia, Ireland, Bahrain, Azerbaijan
(Reissued as received.)
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Click here to view section: New Zealand Foreshore and Seabed
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GENEVA, 11 March (UN Information Service) -- The Committee on the Elimination of Racial Discrimination today concluded
its sixty-sixth session and issued its concluding observations on reports presented by the Lao People’s Democratic
Republic, France, Luxembourg, Australia, Ireland, Bahrain and Azerbaijan on how those countries implement the provisions
of the International Convention on the Elimination of All Forms of Racial Discrimination.
On the reports of the Lao People’s Democratic Republic, the Committee commended the efforts of the State party to reduce
poverty, particularly in rural areas and among ethnic groups. It noted with concern that no clear definition of racial
discrimination existed in domestic legislation and that the Convention was not incorporated into domestic legislation.
It recommended that the State party describe in its next periodic report the scope of a policy of resettling members of
ethic groups from the mountains and highland plateaux to the plains, the ethnic groups concerned, and the impact of
these policies on their lifestyles.
Concerning the reports of France, the Committee took note with satisfaction of the many legislative measures designed to
reinforce efforts to combat racial discrimination. It expressed its concern about the de facto inequality affecting
immigrants and population groups of immigrant origin vis-à-vis other nationals, in the field of employment and
education, despite the State party’s substantial efforts in this area. It recommended that the State party take the
necessary preventive measures to halt racist incidents involving members of the security forces.
With regards to the reports of Luxembourg, the Committee noted with satisfaction school curricula promoting
interculturalism, the setting up of some classes in the mother tongue of immigrant children and the introduction of
intercultural mediators in schools. While noting the State party’s efforts to tighten up its laws and strengthen its
institutions combating racial discrimination, the Committee said that racist and xenophobic incidents, in particular
against Arabs and Muslims, and discriminatory attitudes towards ethnic groups were still encountered in the country. It
encouraged the State party to include within training a specific focus on the problems of racism and discrimination.
On the reports of Australia, the Committee noted with satisfaction that serious acts of racial hatred or incitement to
racial hatred were criminal offences in most AustralianStates and Territories. The Committee expressed its concern about
the abolition of the Aboriginal and Torres Strait Islander Commission, the main policy-making body in Aboriginal
affairs. It recommended that the State party increase its efforts to eliminate prejudice against Arab and Muslim
Australians, and to ensure that enforcement of counter-terrorism legislation did not disproportionately impact on
specific ethnic groups and people of other national origins.
With regards to the reports of Ireland, the Committee welcomed the enactment of a comprehensive legislative framework on
anti-discrimination and welcomed the decision by the State party to include a question of ethnicity in the next
consensus in 2006. It regretted that the State party had not yet incorporated the Convention into domestic legal order,
particularly in light of the fact that the State party had incorporated other international instruments into domestic
law. It encouraged the State party to review its security procedures and practices at entry points with a view to
ensuring that they were carried out in a non-discriminatory manner.
Concerning the reports of Bahrain, the Committee welcomed the meaningful political, legal and economic reforms on which
the State party had embarked. The Committee regretted that there was no national human rights institution in Bahrain and
was concerned over the lack of integrationist multi-racial organizations and movements in the State party. It encouraged
the State party to maintain a dialogue with all civil society organizations, including those critical of its policies.
And with regards to the reports of Azerbaijan, the Committee noted with satisfaction the enactment of new legislation
containing anti-discrimination provisions. It was concerned that, according to reports, incidents of racial
discrimination against Armenians occur and that a majority of the Armenians residing in Azerbaijan prefer to conceal
their ethnic identity in order to avoid being discriminated against. Among other things, the Committee recommended that
the State party adopt measures to promote intercultural understanding and education between ethnic groups.
The Committee also issued decisions on the situations in the Sudan (concerning Darfur), New Zealand and Suriname.
On the Sudan, the Committee said that taking into consideration its regular practices, as well as its obligation to
inform, under its early-warning and urgent-action procedure, of any warning signals that a situation may deteriorate
still further, it recommended to the Secretary-General, and through him, the Security Council, the deployment, without
further delay, of a sufficiently enlarged African Union force in Darfur with a Security Council mandate to protect the
civilian population against war crimes, crimes against humanity, and the risk of genocide.
New Zealand Foreshore and Seabed
Concerning New Zealand, the Committee expressed its appreciation at having had the opportunity to engage in a
constructive dialogue with the State party. Bearing in mind the complexity of the issues involved, the New Zealand
Foreshore and Seabed Act 2004 appeared to the Committee, on balance, to contain discriminatory aspects against the
Maori, in particular in its extinguishment of the possibility of establishing Maori customary title over the foreshore
and seabed and its failure to provide a guaranteed right of redress, notwithstanding the State party’s obligations under
articles 5 and 6 of the Convention.
And with regards to Suriname, which was reviewed under the follow-up procedure, the Committee noted that under the draft
Mining Act in the State party, indigenous and tribal peoples would be required to accept mining activities on their
lands following agreement on compensation with the concession holders, and that, if agreement could not be reached, the
matter would be settled by the executive, and not the judiciary. It recommended that indigenous and tribal peoples
should be granted the right of appeal to the courts, or any independent body specially created for that purpose, in
order to uphold their traditional rights and their right to be consulted before concessions are granted and to be fairly
compensated for any damage.
The Committee also adopted a declaration on the prevention of genocide which was prepared by Committee Expert Agha Shahi
following a thematic discussion on the subject during the session. Among other things, the declaration expressed the
Committee’s resolve to strengthen and refine its anti-racial discrimination early warning and urgent action, as well as
follow-up procedures in all situations with indications of possible violent conflict and genocide.
The Committee agreed to continue its general debate on multiculturalism at its next session to analyse the ways in which
it had been addressing this issue when adopting its decisions and recommendations and to improve its work in this
regard.
The Committee’s sixty-seventh session will be held at the Palais des Nations in Geneva from 1 to 19 August 2005, when
the Experts will review the reports of Nigeria, Barbados, Georgia, Venezuela, Zambia, Turkmenistan, Iceland, Tanzania
and Lithuania. Under its review procedures, the Committee will review the situation in Bosnia and Herzegovina, the
Seychelles, Saint Lucia, Malawi and Mozambique.
Concluding Observations on Country Reports Considered this Session
Lao People’s Democratic Republic
After considering the sixth to fifteenth periodic reports of the Lao People’s Democratic Republic, the Committee
commended the efforts of the State party to reduce poverty, particularly in rural areas and among ethnic groups. The
Committee noted with satisfaction that the State party had adopted penal measures in 2004 to combat trafficking in
persons and was pleased to learn that the Convention had been translated into Lao. The Committee also welcomed the
programme of cooperation undertaken by the State party and the United Nations Development Programme relating to the
ratification and implementation of international human rights instruments.
The Committee noted with concern that no clear definition of racial discrimination existed in domestic legislation and
that the Convention was not incorporated into domestic legislation. It also regretted that there was no national human
rights institution in the country. The Committee noted the absence of legislative provisions criminalizing acts of
violence and incitement to violence on racial grounds and recommended that the State party conduct studies with a view
to assessing and evaluating in concrete terms the extent to which racial discrimination existed in the country and to
ascertain its principal causes. While noting that the State party had adopted a policy of resettling members of ethic
groups from the mountains and highland plateaux to the plains, the Committee recommended that the State party describe
in its next periodic report the scope of the resettlement policies being implemented, the ethnic groups concerned, and
the impact of these policies on the lifestyles of these groups and on the enjoyment of their economic, social and
cultural rights.
The Committee also remained concerned by persistent allegations of conflict between the Government and certain members
of the Hmong minority who took refuge in forest and mountainous areas of the Lao People’s Democratic Republic after 1975
and strongly encouraged the State party to authorize United Nations agencies to provide emergency humanitarian
assistance to this group. The Committee was also concerned about reports of violence that had been perpetrated against
members of this group, in particular allegations that soldiers had brutalized and killed a group of five Hmong children
in May 2004.
France
Following its review of the fifteenth and sixteenth periodic reports of France, the Committee took note with
satisfaction of the many legislative measures designed to reinforce efforts to combat racial discrimination, and in
particular the Act of 16 November 2001 concerning measures to combat discrimination; the Social Modernization Act of 17
January 2002; the Act of 9 March 2004 on the adaptation of the system of justice to developments in the area of crime;
and the Act of 30 December 2004 setting up a High Authority against Discrimination and for Equality. The Committee also
welcomed the provision in the Act of 10 December 2003 widening the scope of refugee protection to include those
persecuted by non-State actors and the fact that, since the adoption of its ruling of 1 June 2002, the Criminal Division
of the Court of Cassation had allowed the practice of discrimination testing as a form of evidence in the area of racial
discrimination, and encouraged the State party to promote more frequent recourse to it.
The Committee expressed its concern about the de facto inequality affecting immigrants and population groups of
immigrant origin vis-à-vis other nationals, in the field of employment and education, despite the State party’s
substantial efforts in this area. Despite the State party’s efforts, the Committee remained concerned about the
situation of non-citizens and asylum-seekers in holding centres and areas, as well as delays in processing applications
from refugees for family reunification. Among other things, the Committee recommended to the State party that it should
strengthen the supervision of police personnel responsible for the reception and day-to-day monitoring of holding
centres for non-citizens and asylum-seekers. The Committee shared the concerns expressed by the delegation relating to
the increase in racist, anti-Semitic and xenophobic acts and encouraged the State party to apply more effectively the
existing provisions designed to combat such acts.
The Committee also recommended that the State party take the necessary preventive measures to halt racist incidents
involving members of the security forces. It encouraged the State party to criminalize attempts to deny war crimes and
crimes against humanity as defined in the statute of the International Criminal Court, and not only those committed
during the Second World War. Moreover, the Committee recommended that the State party should take all appropriate steps
to ensure that local population groups in overseas departments who did not have full command of French benefited from
the services of translator/interpreters, especially in their contacts with the system of justice.
Luxembourg
After reviewing the tenth to thirteenth periodic reports of Luxembourg, the Committee noted with appreciation the
information provided by the delegation on the implementation of a national plan of action on the follow-up to the World
Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. The Committee welcomed the entry
into force of the Act of 8 June 2004 on freedom of expression in the media, which called for a code of ethics to govern
the pursuit of journalistic activity. The Committee also noted with satisfaction school curricula promoting
interculturalism, the setting up of some classes in the mother tongue of immigrant children and the introduction of
intercultural mediators in schools.
While noting the State party’s efforts to tighten up its laws and strengthen its institutions combating racial
discrimination, the Committee said that racist and xenophobic incidents, in particular against Arabs and Muslims, and
discriminatory attitudes towards ethnic groups were still encountered in the country. The Committee encouraged the State
party to combat racist and xenophobic propaganda found on Internet sites and suggested that the State party ratify the
Council of Europe Convention on Cybercrime and its Additional Protocol concerning the criminalization of acts of a
racist and xenophobic nature committed through computer systems. While recognizing the steps taken by the State party to
combat racial discrimination, the Committee noted with concern that certain vulnerable groups, such as non-nationals,
refugees and asylum-seekers, were not afforded sufficient protection.
The Committee expressed its concern that a number of non-nationals were illegally employed in Luxembourg, and might,
thus, be exposed to abuse by their employers. The Committee encouraged the State party to take concrete steps to prevent
and provide redress for the serious problems faced by non-citizen workers in this regard, ensuring that employers that
employed illegal workers were sanctioned. The Committee also encouraged the State party to include within training a
specific focus on the problems of racism and discrimination, and to ensure that all officials who come into contact with
minority groups receive training of this type.
Australia
After considering the thirteenth and fourteenth periodic reports of Australia, the Committee noted with satisfaction
that serious acts of racial hatred or incitement to racial hatred were criminal offences in most AustralianStates and
Territories. The Committee noted with satisfaction that significant progress had been achieved in the enjoyment of
economic, social and cultural rights by the indigenous peoples. It welcomed the commitment of all Australian governments
to work together on this issue through the Council of Australian Governments, as well as the adoption of a national
strategy on indigenous family violence. The Committee also noted with great interest the diversionary and preventative
programmes aimed at reducing the number of indigenous juveniles entering the criminal justice system, as well as the
development of culturally sensitive procedures and practices among the police and the judiciary.
The Committee expressed its concern about the abolition of the Aboriginal and Torres Strait Islander Commission, the
main policy-making body in Aboriginal affairs which consisted of elected indigenous representatives. The Committee also
noted with concern reports that prejudice against Arabs and Muslims in Australia had increased and that the enforcement
of counter-terrorism legislation may have an indirect discriminatory effect against Arab and Muslim Australians. It
recommended that the State party increase its efforts to eliminate such prejudice, and ensure that enforcement of
counter-terrorism legislation does not disproportionately impact on specific ethnic groups and people of other national
origins. The Committee noted with concern the persistence of diverging perceptions between governmental authorities and
indigenous peoples and others on the compatibility of the 1998 amendments to the Native Title Act with the Convention
and further recommended that the State party reopen discussions with indigenous peoples with a view to discussing
possible amendments to the Native Title Act and finding solutions acceptable to all.
The Committee remained concerned about the striking over-representation of indigenous people in prisons, as well as the
percentage of indigenous deaths in custody. The Committee expressed concern about the mandatory detention of illegal
migrants, including asylum-seekers, in particular when such detention affected women, children, unaccompanied minors,
and those who were considered to be stateless. It also expressed its concern that many persons had been in such
administrative detention for over three years. The Committee recommended that the State party review the mandatory,
automatic and indeterminate character of the detention of illegal migrants.
Ireland
After considering the initial and second periodic reports of Ireland, the Committee commended the State party for the
recent adoption of the first National Action Plan against Racism, and the extensive consultations with civil society
organizations during the drafting of this plan and noted with appreciation the establishment of several independent
institutions with competence in the field of human rights and racial discrimination, namely the Irish Human Rights
Commission, the Equality Authority and the National Consultative Committee on Racism and Interculturalism. The Committee
welcomed the enactment of a comprehensive legislative framework on anti-discrimination and welcomed the decision by the
State party to include a question of ethnicity in the next consensus in 2006. It encouraged the State party to include
in its next periodic report detailed information on the population, including non-citizens.
The Committee regretted that the State party had not yet incorporated the Convention into domestic legal order,
particularly in light of the fact that the State party had incorporated other international instruments into domestic
law. 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. In this context, the Committee recommended that the
State party introduce in its criminal law a provision that committing an offence with a racist motivation or aim
constituted aggravating circumstance allowing for a more severe punishment. The Committee was concerned about reported
instances of exploitation of foreign workers by some employers and of violations of labour regulations prohibiting
discrimination and encouraged the State party to ensure full practical implementation of legislation prohibiting
discrimination in employment and in the labour market. The Committee also regretted the absence of special detention
facilities for asylum seekers whose request for asylum had been rejected and for undocumented migrants awaiting
deportation and noted the reported occurrence of instances of discriminatory treatment against foreign nationals
entering Ireland during security checks at airports. It encouraged the State party to review its security procedures and
practices at entry points with a view to ensuring that they were carried out in a non-discriminatory manner.
The Committee also expressed concern about allegations of discriminatory behaviour by the police towards members of
minority groups and regretted that data on complaints of racial discrimination against the police had not been provided
in the report. While noting the efforts made so far by the State party with regard to the situation of members of the
Traveller community in the field of health, housing, employment and education, the Committee remained concerned about
the effectiveness of policies and measures in these areas. In this context, it recommended that the State party
intensify its efforts to fully implement the recommendations of the Task Force on the Traveller community, and that all
necessary measures be urgently taken to improve access by Travellers to all levels of education, their employment rates,
as well as their access to health services and to accommodation suitable to their lifestyle.
Bahrain
Following its consideration of the sixth and seventh periodic reports of Bahrain, the Committee welcomed the meaningful
political, legal and economic reforms on which the State party had embarked, and noted in particular the adoption of the
National Action Charter in 2001, the promulgation of the amended Constitution and the creation of the Constitutional
Court in 2002, as well as the establishment of a new bi-cameral parliament with an elected chamber of deputies. The
Committee appreciated the establishment of Trade Unions in 2002 for the first time in Bahrain, as well as of cultural
associations composed of foreigners. The Committee also welcomed the organization of several training programmes
addressed to the judiciary and law enforcement officials on the promotion and protection of human rights in the field of
racial discrimination.
The Committee regretted that the State party had not provided specific data on the ethnic composition of the population,
and recalled that such information was necessary to assess the practical implementation of the Convention. The Committee
took note of the abolition of the Human Rights Committee which was designed to provide advice to the head of State and
to the executive authorities on a wide range of human rights issues, including those matters relating specifically to
the Convention. Furthermore, the Committee regretted that there was no national human rights institution in Bahrain. The
Committee was also concerned over the lack of integrationist multiracial organizations and movements in the State party
and in particular over the banning of the Bahrain Centre for Human Rights. It encouraged the State party to maintain a
dialogue with all civil society organizations, including those critical of its policies.
The Committee noted with concern the reported disparate treatment and discrimination faced by members of some groups,
including in particular the Shi’a that may be distinguishable by virtue of their tribal or national origin, descent,
culture and language. The Committee was especially concerned about apparent disparate opportunities that were afforded
to such groups. The Committee also regretted that no statistics were provided on cases where the relevant provisions of
domestic legislation concerning racial discrimination were applied and recommended that the State party consider whether
the lack of formal complaints may be the result of the victims’ lack of awareness of their rights, lack of confidence in
the police and judicial authorities, or the authorities’ lack of attention, sensitivity, or commitment to cases of
racial discrimination.
Azerbaijan
After reviewing the third and fourth periodic reports of Azerbaijan, the Committee noted with satisfaction the enactment
of new legislation containing anti-discrimination provisions, including the Criminal Code and the Code of Criminal
Procedure and welcomed the establishment of the Office of the Human Rights Commissioner of the Republic of Azerbaijan,
pursuant to the Constitutional Act on the Ombudsman, adopted in December 2001. The Committee also welcomed the State
party’s ratification of the Framework Convention for the Protection of National Minorities in 2000, the European
Convention for the Protection of Human Rights and Fundamental Freedoms in 2002 and the European Social Charter in 2004.
The Committee was concerned that, according to reports, incidents of racial discrimination against Armenians occur and
that a majority of the Armenians residing in Azerbaijan prefer to conceal their ethnic identity in order to avoid being
discriminated against. While welcoming the information provided by the delegation on counter-trafficking measures taken
by the State party, the Committee expressed its concern that human trafficking, including of foreign women, men and
children remained a serious problem in the State party, which was a country of origin and a transit point. The Committee
expressed its concern that asylum-seekers, refugees, stateless persons, displaced persons and long-term residents
residing in Azerbaijan experienced discrimination in the areas of employment, education, housing and health. The
Committee requested the State party to ensure that its asylum procedures did not discriminate in purpose or effect
between asylum seekers on the basis of race, colour or ethnic or national origin.
Among other things, the Committee recommended that the State party adopt measures to promote intercultural understanding
and education between ethnic groups. The Committee also encouraged the State party to expand and strengthen existing
efforts regarding human rights education and requested the State party to pay particular attention to the specific
training of law enforcement officials in this regard. It also noted the lack of sufficient information on efforts taken
by the State party to involve non-governmental organizations in the preparation of the periodic report and encouraged
the State party to consult with civil society working in the area of combating racial discrimination in the elaboration
of its next periodic report.
Decisions
Decision on Situation in Darfur
The Committee, taking into consideration its regular practices, as well as its obligation to inform, under its
early-warning and urgent-action procedure, of any warning signals that a situation may deteriorate still further,
referring to its decision adopted at its last session on Darfur, and recalling its declaration on the Prevention on
Genocide of 11 March 2005, recommended to the Secretary-General, and through him, the Security Council, the deployment,
without further delay, of a sufficiently enlarged African Union force in Darfur with a Security Council mandate to
protect the civilian population, including those in camps, displaced persons and refugees returning to their homes in
Darfur, against war crimes, crimes against humanity, and the risk of genocide.
Decision on Situation in New Zealand
In a decision on New Zealand, the Committee noted its review of the compatibility of the New Zealand Foreshore and
Seabed Act 2004 with the provisions of the International Convention on the Elimination of All Forms of Racial
Discrimination in the light of information received both from the Government of New Zealand and a number of Maori
non-governmental organizations and taking into account its General Recommendation No. XXIII on indigenous peoples. The
Committee expressed its appreciation at having had the opportunity to engage in a constructive dialogue with the State
party and the State party’s written and oral responses to its requests for information related to the legislation,
including those submitted on 17 February and 9 March 2005. Bearing in mind the complexity of the issues involved, the
legislation appeared to the Committee, on balance, to contain discriminatory aspects against the Maori, in particular in
its extinguishment of the possibility of establishing Maori customary title over the foreshore and seabed and its
failure to provide a guaranteed right of redress, notwithstanding the State party’s obligations under articles 5 and 6
of the Convention.
The Committee acknowledged with appreciation the State party’s tradition of negotiation with the Maori on all matters
concerning them and urged the State party, in a spirit of goodwill and in accordance with the ideals of the Waitangi
Treaty, to resume a dialogue with the Maori community with regard to the legislation in order to seek ways of lessening
its discriminatory effects, including where necessary through legislative amendment. Moreover, the Committee requested
the State party to monitor closely the implementation of the Foreshore and Seabed Act, its impact on the Maori
population and the developing State of race relations in New Zealand and to take steps to minimize any negative effects,
especially by way of a flexible application of the legislation and by broadening the scope of redress available to the
Maori.
Suriname
After having reviewed the country situation in Suriname in private session under its follow-up procedure, the Committee
noted that, under the draft Mining Act in the State party, indigenous and tribal peoples would be required to accept
mining activities on their lands following agreement on compensation with the concession holders, and that, if agreement
could not be reached, the matter would be settled by the executive, and not the judiciary. The Committee expressed its
concern that indigenous and tribal peoples could not as such seek recognition of their traditional rights before the
courts because they were not recognized legally as juridical persons. It recommended that indigenous and tribal peoples
should be granted the right of appeal to the courts, or any independent body specially created for that purpose, in
order to uphold their traditional rights and their right to be consulted before concessions are granted and to be fairly
compensated for any damage. Moreover, the Committee recommended to the State party that it ensure the compliance of the
revised draft Mining Act with the International Convention, as well as with the Committee’s recommendations issued in
March 2004.
Declaration on Prevention of Genocide
On the closing day of the session, the Committee adopted a declaration on the prevention of genocide which was prepared
by Committee Expert Agha Shahi following a thematic discussion on the subject during the session. The main elements of
the declaration are as follows:
The Committee welcomed the appointment of a Special Adviser to the Secretary-General on the Prevention of Genocide with
the mandate to sound early warning and make appropriate recommendations for prevention to the Security Council through
the Secretary-General to enable the international community to take timely action to prevent genocide from occurring,
and declared its determination to provide the Special Adviser with relevant information on laws, policies and practices
that may indicate systematic discrimination. Moreover, as suggested by the Special Adviser, the Committee intended to
develop a set of indicators related to genocide, including the cultural and historic roots of genocide.
The Committee expressed its resolve to strengthen and refine its anti-racial discrimination early warning and urgent
action, as well as follow-up procedures in all situations where indications of possible violent conflict and genocide
prevail and in such cases it would consider in-country visits to obtain first-hand information. The Committee considered
it of vital importance that stronger interaction is established between the United Nations human rights treaty bodies
and the Security Council and agreed with the findings of the High-Level Panel in the current Threats, Challenges and
Change that developed countries had a particular responsibility to do more to transform their armies into units suitable
for deployment to peace operations, among other things.
The Committee also considered it imperative to dispel the climate of impunity that was hospitable to war crimes and
crimes against humanity by referral of perpetrators of these crimes to the International Criminal Court at an early
stage of indications of genocide. It also urged the international community to look at the need for a comprehensive
understanding of the dimensions of genocide, including in the context of situations of economic globalization adversely
affecting indigenous and disadvantaged communities.