1998 - CERD - General Report Romania

A/50/18
United Nations
Report of the
Committee on the Elimination
of Racial Discrimination
General Assembly
Official Records · Fiftieth Session
Supplement No. 18 (A/50/18)
A/50/18
Report of the
General Assembly
Official Records · Fiftieth Session
Supplement No. 18 (A/50/18)
United Nations · New York, 1998

NOTE
Symbols of United Nations documents are composed of capital letters combined with
figures. Mention of such a symbol indicates a reference to a United Nations document.
ISSN 0252-1261
[Original: English]
[19 January 1996]*
CONTENTS
Chapter Paragraphs Page
Letter of transmittal ............................................ vii
I. ORGANIZATIONAL AND RELATED MATTERS ................... 1 - 19 1
A. States parties to the International Convention on

the Elimination of All Forms of Racial
Discrimination ................................... 1 - 2 1
B. Sessions and agenda .............................. 3 - 4 1
C. Membership and attendance ........................ 5 - 7 1
D. Officers of the Committee ........................ 8 2
E. Cooperation with the International Labour

Organization and the United Nations Educational,
Scientific and Cultural Organization ............. 9 - 10 3
F. Other matters .................................... 11 - 18 3
G. Adoption of the report .......................... 19 4
II. PREVENTION OF RACIAL DISCRIMINATION, INCLUDING EARLY

WARNING AND URGENT PROCEDURES ........................ 20 - 29 5
A. Decisions adopted by the Committee ............... 25 - 26 6
1 (46) Report requested urgently from the Russian

Federation ........................................... 6
2 (46) Decision on the situation in Mexico .................. 7
3 (46) Reports requested urgently from Algeria .............. 7
4 (46) Report requested urgently from the former

Yugoslav Republic of Macedonia ....................... 7
6 (46) Report requested urgently from Burundi ............... 8
7 (46) Rwanda ............................................... 8
8 (46) Papua New Guinea ..................................... 8
1 (47) The situation in Burundi ............................. 9
* Originally issued in an advance version as document A/50/18 of

22 September 1995.
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CONTENTS (continued)
2 (47) The situation in Bosnia and Herzegovina .............. 11
3 (47) The situation in Papua New Guinea .................... 12
B. Further action taken by the Committee ............ 27 - 29 13
III. CONSIDERATION OF REPORTS, COMMENTS AND INFORMATION

SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE
CONVENTION ........................................... 30 - 670 14
A. Reports considered ............................... 30 - 668 14
Trinidad and Tobago .............................. 31 - 48 14
Cyprus ........................................... 49 - 76 16
Italy ............................................ 77 - 109 20
Sri Lanka ........................................ 110 - 142 25
Croatia .......................................... 143 - 178 29
Peru ............................................. 179 - 204 34
Bosnia and Herzegovina ........................... 205 - 225 38
Federal Republic of Yugoslavia (Serbia and

Montenegro) ...................................... 226 - 246 41
Romania .......................................... 247 - 278 45
Guatemala ........................................ 279 - 320 50
Belarus .......................................... 321 - 352 55
Mexico ........................................... 353 - 398 58
New Zealand ...................................... 399 - 459 64
El Salvador ...................................... 460 - 498 74
Nicaragua ........................................ 499 - 541 80
United Arab Emirates ............................. 542 - 572 86
United Republic of Tanzania ...................... 573 - 586 89
Sierra Leone ..................................... 587 - 592 91
Somalia .......................................... 593 - 596 92
Madagascar ....................................... 597 92
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Nigeria .......................................... 598 - 636 92
Chad ............................................. 637 - 668 97
B. Statement concerning Israel adopted by the

Committee at its forty-sixth session ............. 669 - 670 102
IV. CONSIDERATION OF COMMUNICATIONS UNDER ARTICLE 14 OF

THE CONVENTION ....................................... 671 - 680 103
V. CONSIDERATION OF COPIES OF PETITIONS, COPIES OF

REPORTS AND OTHER INFORMATION RELATING TO TRUST AND
NON-SELF-GOVERNING TERRITORIES AND TO ALL OTHER
TERRITORIES TO WHICH GENERAL ASSEMBLY RESOLUTION
1514 (XV) APPLIES, IN CONFORMITY WITH ARTICLE 15
OF THE CONVENTION .................................... 681 - 684 105
VI. ACTION BY THE GENERAL ASSEMBLY AT ITS FORTY-NINTH

SESSION .............................................. 685 - 687 106
A. Annual report submitted by the Committee on the

Elimination of Racial Discrimination under
article 9, paragraph 2, of the Convention ........ 686 106
B. Effective implementation of international

instruments on human rights, including reporting
obligations under international instruments on
human rights ..................................... 687 106
VII. SUBMISSION OF REPORTS BY STATES PARTIES UNDER

ARTICLE 9 OF THE CONVENTION .......................... 688 - 693 107
A. Reports received by the Committee ................ 688 107
B. Reports not yet received by the Committee ........ 689 109
C. Action taken by the Committee to ensure submission

of reports by States parties ..................... 690 - 693 118
VIII. THIRD DECADE TO COMBAT RACISM AND RACIAL

DISCRIMINATION ....................................... 694 - 702 120
Annexes
I. Status of the Convention ......................................... 125
A. States parties to the International Convention on the

Elimination of All Forms of Racial Discrimination (143), as
at 18 August 1995 ............................................ 125
B. States parties that have made the declaration under

article 14, paragraph 1, of the Convention (22), as at
18 August 1995 ............................................... 129
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Page
C. States parties that have accepted the amendments to the

Convention adopted at the Fourteenth Meeting of States
Parties (17), as at 18 August 1995 ........................... 130
II. Agendas of the forty-sixth and forty-seventh sessions ............ 131
A. Forty-sixth session .......................................... 131
B. Forty-seventh session ........................................ 131
III. Contribution of the Committee on the Elimination of Racial

Discrimination to the United Nations Decade for Human Rights
Education ........................................................ 133
IV. List of documents issued for the forty-sixth and forty-seventh

sessions of the Committee ........................................ 134
V. Documents received by the Committee at its forty-sixth and

forty-seventh sessions in conformity with article 15 of the
Convention ....................................................... 136
VI. Country rapporteurs for reports considered by the Committee at its

forty-sixth and forty-seventh sessions ........................... 137
VII. General recommendation XIX (47) on article 3, adopted at the

1125th meeting, on 17 August 1995 ................................ 140
VIII. Decision of the Committee on the Elimination of Racial

Discrimination under article 14 of the International Convention on
the Elimination of All Forms of Racial Discrimination ............ 141
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LETTER OF TRANSMITTAL
18 August 1995
Sir,
In its report a year ago the Committee observed that "events in Rwanda have
also demonstrated that it would be more effective to take preventive action
before open hostilities break out. Procedures for early warning and urgent
action desperately need improvement". During the present year the Committee has
taken several initiatives to improve its contribution to the prevention of
racial discrimination.
In many conflicts sentiments of ethnic belonging are mixed with sentiments

of a religious or political character. The text of the Convention provides
little guidance on the differentiation of ethnic from political motivation,
while the position is further complicated by its definition of racial
discrimination as covering distinctions which are racial either in their purpose
or in their effect. In several of the situations considered during 1995,
Committee members were uncertain whether the ethnic elements in the apparent
tensions were sufficient to bring the situation within the scope of the
Convention. They concluded that they should first request further information
from the State party and decide later whether the Convention had any bearing
upon the situation in question. This action on the Committee’s part is
described in chapter II of the present report, dealing with preventive measures.
United Nations policies against racial discrimination have usually

concentrated upon extreme forms like apartheid or "ethnic cleansing". They have
neglected the importance of everyday discrimination, whether it be based upon
race, ethnic origin, gender, age, social class or disability, and the features
which these have in common. By way of example, we cite the resolutions of the
General Assembly on the Third Decade to Combat Racism and Racial Discrimination
which referred to "all forms of racism and racial discrimination, whether in
their institutionalized form or resulting from official doctrines of racial
superiority or exclusivity" (49/146, para. 1). The Committee has identified
many forms of racial discrimination which are neither institutionalized nor the
result of official doctrines. Racial discrimination occurs, or can occur, in
almost any circumstances and has many causes. Any statement on this subject
should take account of the principal lessons that have been learned since the
adoption of the Convention in 1965.
Many State officials have only a partial understanding of racial

discrimination. For example, in 1994, 16 States informed the United Nations
that racial discrimination and xenophobia did not exist on their territory
(A/49/677, para. 45). The Committee on the Elimination of Racial Discrimination
has found, to the contrary, that it is everywhere possible for a person to
receive less favourable treatment because of his or her race, colour, descent,
or national or ethnic origin. It is sad that, 25 years after the Committee
started its work, its contributions have not been better studied and better
understood. The Committee therefore welcomes the studies being conducted as
part of the Migration for Employment Programme of the International Labour
Office which, by the use of experimental methods, illuminate the nature and
His Excellency Mr. Boutros Boutros-Ghali

Secretary-General of the United Nations
New York
-vii-
incidence of racial discrimination. Comparable studies could well be carried
out in other fields, such as housing. If such studies were to be conducted in
countries which believe themselves to be free from racial discrimination, the
findings might well be salutary.
Chapter III of the present report describes the Committee’s consideration

of the implementation of the Convention in 22 States. In 18 instances this
consideration has been based upon periodic reports submitted by the State party.
In two cases it has been based upon the Committee’s procedure in respect of
States whose periodic reports are seriously overdue; one of these have now been
reviewed for a second time under this procedure. The States parties at their
sixteenth meeting may like to consider whether any action is needed from them
when periodic reports have been overdue for such long periods.
The Committee’s activities in respect of the prevention of discrimination

have added greatly to its workload and are obliging it to adjust its working
methods.
Subsequent chapters of this report describe the Committee’s action in

respect of individual communications, the Third Decade to Combat Racism and
Racial Discrimination (including its collaboration with the Subcommission on the
Prevention of Discrimination and Protection of Minorities), the United Nations
Decade for Human Rights Education, and meetings with the Special Rapporteurs of
the Commission on Human Rights on the former Yugoslavia and on racism and
xenophobia. The Committee has adopted a general recommendation on article 3 of
the Convention and has given consideration to proposed general recommendations
on article 5, and on the relevance to the Convention of the right of
self-determination. Mr. T. Mazowiecki advised the Committee against following
the reasoning of those who say that they cannot live in a pluralistic society,
but the Committee had already gone on record (A/48/18, paras. 468-469) as
"concerned that partition along ethnic lines in Bosnia and Herzegovina could
encourage groups elsewhere who were unwilling to respect the territorial
integrity of States. The Committee strongly supported the principle of
multi-ethnic societies ... ." Nothing has happened since then to weaken our
support for this principle, and much has happened to underline its importance.
Frontiers are to be preserved, and people have to be helped to live peacefully
with all others whose homes are within these frontiers. The prevention of
discrimination is crucial to future peace.
(Signed) Ivan Garvalov

Chairman
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I. ORGANIZATIONAL AND RELATED MATTERS

Elimination of All Forms of Racial Discrimination
1. As at 18 August 1995, the closing date of the forty-seventh session of the

Committee on the Elimination of Racial Discrimination, there were 143 States
parties to the International Convention on the Elimination of All Forms of
Racial Discrimination, which was adopted by the General Assembly in resolution
2106 A (XX) of 21 December 1965 and opened for signature and ratification in New
York on 7 March 1966. The Convention entered into force on 4 January 1969 in
accordance with the provisions of its article 19.
2. By the closing date of the forty-seventh session, 21 of the 143 States

parties to the Convention had made the declaration envisaged in article 14,
paragraph 1, of the Convention. Article 14 of the Convention entered into force
on 3 December 1982, following the deposit with the Secretary-General of the
tenth declaration recognizing the competence of the Committee to receive and
consider communications from individuals or groups of individuals who claim to
be victims of a violation by the State party concerned of any of the rights set
forth in the Convention. The States parties to the Convention and those that
have made the declaration under article 14 are listed in annex I to the present
report, as are the States parties (17) that have accepted the amendments to the
Convention adopted at the Fourteenth Meeting of States Parties, as at
18 August 1995.
B. Sessions and agenda
3. The Committee on the Elimination of Racial Discrimination held two regular

sessions in 1995. The forty-sixth (1070th-1098th meetings) and forty-seventh
(1099th-1128th meetings) sessions were held at the United Nations Office at
Geneva from 27 February to 17 March and from 31 July to 18 August 1995
respectively.
4. The agendas of the forty-sixth and forty-seventh sessions, as adopted by

the Committee, are reproduced in annex II.
C. Membership and attendance
5. In accordance with the provisions of article 8 of the Convention, the

States parties held their fifteenth meeting at United Nations Headquarters on
17 January 1994 1/ and elected nine members of the Committee from among the
candidates nominated to replace those whose term of office was due to expire on
19 January 1994.
6. The members of the Committee for 1994-1996, including those elected or

re-elected on 17 January 1994, are as follows:
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Term expires
Name of member Country of nationality on 19 January
Mr. Mamoud ABOUL-NASR** Egypt 1998
Mr. Hamzat AHMADU** Nigeria 1998
Mr. Michael Parker BANTON** United Kingdom of Great 1998
Britain and Northern
Ireland
Mr. Theodoor van BOVEN Netherlands 1996
Mr. Andrew CHIGOVERA* Zimbabwe 1998
Mr. Ion DIACONU Romania 1996
Mr. Eduardo FERRERO COSTA Peru 1996
Mr. Ivan GARVALOV Bulgaria 1996
Mr. Régis de GOUTTES** France 1998
Mr. Carlos LECHUGA HEVIA** Cuba 1998
Mr. Yuri A. RECHETOV Russian Federation 1996
Mrs. Shanti SADIQ ALI India 1996
Mr. Agha SHAHI** Pakistan 1998
Mr. Michael E. SHERIFIS** Cyprus 1998
Mr. SONG Shuhua China 1996
Mr. Luis VALENCIA RODRIGUEZ Ecuador 1996
Mr. Rüdiger WOLFRUM Germany 1998
Mr. Mario Jorge YUTZIS Argentina 1996
________________________
* Elected on 17 January 1994.
** Re-elected on 17 January 1994.
7. All members of the Committee except Mr. Diaconu attended the forty-sixth
session and all members attended the forty-seventh session.
D. Officers of the Committee
8. The officers elected at the forty-fourth session for a term of two years
continued to serve at the forty-sixth and forty-seventh sessions. They are as
follows:
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Chairman: Mr. Ivan GARVALOV
Vice-Chairmen: Mr. Hamzat AHMADU

Mr. Carlos LECHUGA HEVIA
Mr. Michael SHERIFIS
Rapporteur: Mr. Michael Parker BANTON
E. Cooperation with the International Labour Organization

and the United Nations Educational, Scientific and
Cultural Organization
9. In accordance with Committee decision 2 (VI) of 21 August 1972 concerning

cooperation with the International Labour Organization (ILO) and the United
Nations Educational, Scientific and Cultural Organization (UNESCO), 2/ both
organizations were invited to attend the sessions of the Committee.
10. Reports of the ILO Committee of Experts on the Application of Conventions

and Recommendations, submitted to the International Labour Conference, were made
available to the members of the Committee on the Elimination of Racial
Discrimination, in accordance with arrangements for cooperation between the two
Committees. The Committee took note with appreciation of the reports of the
Committee of Experts, in particular of those sections which dealt with the
application of the Discrimination (Employment and Occupation) Convention,
1958 (No. 111) and the Indigenous and Tribal Populations Convention,
1957 (No. 107), as well as other information in the reports relevant to its
activities.
F. Other matters
11. Mr. Ibrahima Fall, Assistant Secretary-General for Human Rights, addressed
the Committee at the opening of the forty-sixth session (see CERD/C/SR.1071).
12. At its 1070th meeting (forty-sixth session), held on 27 February 1995, the
Committee observed one minute of respectful silence in memory of
Mr. André Braunschweig, former member of the Committee, and Mrs. Kati David,
Secretary-General of the Anti-Racism Information Service (ARIS), and paid
tribute to Mr. Enayat Houshmand who had recently retired from his service with
the United Nations and who had made substantive and dedicated contributions to
the Committee since its beginning in 1970.
13. The Special Rapporteur of the Commission on Human Rights on the situation
of human rights in the territory of the former Yugoslavia,
Mr. Tadeuz Mazowiecki, met with the Committee at its 1071st meeting, held on
27 February 1995. Mr. Mazowiecki explained his working methods and current
concerns, and the members of the Committee held a dialogue with him with regard
to his analysis of the nature of the conflicts currently taking place in States
on the territory of the former Yugoslavia.
14. At its 1070th meeting, held on 27 February 1995, the Committee decided to
conduct a general debate on the subject of racial discrimination. The general
debate occurred at the 1073rd and 1074th meetings, held on 28 February and
1 March 1995. In the course of the discussion, members made reference,
inter alia, to the origins of the phenomenon of racial discrimination, the
implementation and effectiveness of the International Convention on the
-3-
Elimination of All Forms of Racial Discrimination, the need to improve
cooperation between the various international responses to racial
discrimination, the working methods of the Committee and the value of drafting
new general recommendations. Concerning the first two points it was noted that
there had been a rise in expressions of racial hatred and a recurrence of the
propagation of absurd racist theories. In that regard concern was expressed as
to the extent of implementation of article 4 of the Convention. Members also
considered that the Committee should devote closer attention to the
implementation of the obligations contained in article 7 of the Convention with
regard to the development of programmes of education to combat racist thought
and racial discrimination.
15. During the general debate members expressed the view that the Committee’s
working methods might be improved and there was emphasis on the need for
improved flows of relevant information from other international sources, such as
on the activities of special rapporteurs of the Commission on Human Rights and
of other treaty bodies. A number of members drew attention to the importance of
close collaboration with the Council of Europe in order to share information and
to develop complementary rather than potentially competing work practices. The
important role of non-governmental organizations in informally presenting
information to Committee members was stressed.
16. It was agreed during the general debate that the Committee should draft a
general recommendation on the issue of self-determination which would indicate
the position of the Committee on that very important matter. A number of
members also proposed that the Committee and the other treaty bodies should be
represented when the General Assembly discussed their annual reports, in order
to present the reports orally and to hold direct discussion with the Member
States at the General Assembly.
17. At its 1098th meeting, held on 17 March 1995, the Committee adopted
decision 9 (46), entitled "Contribution of the Committee on the Elimination of
Racial Discrimination to the United Nations Decade for Human Rights Education",
indicating the provisions of the Convention which address the issue of education
to counter racial discrimination, drawing attention to the continuing work of
the Committee in implementing those provisions, and offering comments on
elements of the report of the Secretary-General on the United Nations Decade for
Human Rights Education (A/49/261/Add.1). The text of the decision is reproduced
in annex III.
18. At its 1125th meeting, held on 17 August 1995, the Committee adopted
general recommendation XIX (47) on article 3. The text of the general
recommendation is reproduced in annex VII.
G. Adoption of the report
19. At its 1127th meeting, held on 18 August 1995, the Committee adopted its
annual report to the General Assembly.
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II. PREVENTION OF RACIAL DISCRIMINATION, INCLUDING EARLY WARNING
AND URGENT PROCEDURES
20. The Committee decided at its forty-first session to establish as one of its
regular and principal agenda items, the item on the prevention of racial
discrimination, including early warning and urgent procedures.
21. At its forty-second session (1993), the Committee noted the conclusion
adopted by the fourth meeting of persons chairing the human rights treaty bodies
that:
"... the treaty bodies have an important role in seeking to prevent as well
as to respond to human rights violations. It is thus appropriate for each
treaty body to undertake an urgent examination of all possible measures
that it might take, within its competence, both to prevent human rights
violations from occurring and to monitor more closely emergency situations
of all kinds arising within the jurisdiction of States parties. Where
procedural innovations are required for this purpose, they should be
considered as soon as possible" (A/47/628, para. 44).
22. As a result of its discussion of that conclusion of the meeting of

chairpersons, the Committee, at its 979th meeting, held on 17 March 1993,
adopted a working paper to guide it in its future work concerning possible
measures to prevent, as well as more effectively respond to, violations of the
Convention. 3/ The Committee noted in its working paper that efforts to prevent
serious violations of the International Convention on the Elimination of All
Forms of Racial Discrimination would include the following:
(a) Early warning measures: these would be aimed at addressing existing

problems so as to prevent them from escalating into conflicts and would also
include confidence-building measures to identify and support structures to
strengthen racial tolerance and solidify peace in order to prevent a relapse
into conflict in situations where it has occurred. In that connection, criteria
for early warning could include some of the following concerns: the lack of an
adequate legislative basis for defining and criminalizing all forms of racial
discrimination, as provided for in the Convention; inadequate implementation of
enforcement mechanisms, including the lack of recourse procedures; the presence
of a pattern of escalating racial hatred and violence, or racist propaganda or
appeals to racial intolerance by persons, groups or organizations, notably by
elected or other officials; a significant pattern of racial discrimination
evidenced in social and economic indicators; and significant flows of refugees
or displaced persons resulting from a pattern of racial discrimination or
encroachment on the lands of minority communities;
(b) Urgent procedures: these would aim at responding to problems

requiring immediate attention to prevent or limit the scale or number of serious
violations of the Convention. Possible criteria for initiating an urgent
procedure could include the presence of a serious, massive or persistent pattern
of racial discrimination; or that the situation is serious and there is a risk
of further racial discrimination.
23. At its 1028th and 1029th meetings, held on 10 March 1994, the Committee
considered possible amendments to its rules of procedure which would take into
account the working paper it had adopted in 1993 on the prevention of racial
discrimination, including early warning and urgent procedures. During the
discussions which followed, the view was expressed that it was too early to make
-5-
changes in the rules of procedure in order to take account of procedures adopted
only very recently. There was a risk that the Committee might be locking itself
into rules which would soon no longer fit needs. It would, therefore, be better
for the Committee to have more experience with the procedures in question and to
amend its rules at a later point on the basis of that experience. At its
1039th meeting, held on 17 March 1994, the Committee decided to postpone to a
later session further consideration of proposals to amend its rules of
procedure.
24. The following sections describe decisions adopted and further action taken
by the Committee at its forty-sixth and forty-seventh sessions within the
framework of its efforts to prevent racial discrimination. At earlier sessions
the Committee had commenced consideration under this agenda item of Israel,
Croatia, Bosnia and Herzegovina, the Federal Republic of Yugoslavia (Serbia and
Montenegro), Papua New Guinea, Rwanda and Burundi. At the forty-sixth session
the Committee decided also to consider under this agenda item the Russian
Federation, Mexico, Algeria and the former Yugoslav Republic of Macedonia. At
the forty-sixth session decisions were adopted concerning the Russian
Federation, Mexico, Algeria, the former Yugoslav Republic of Macedonia, Burundi,
Rwanda and Papua New Guinea. The situation in Croatia, Bosnia and Herzegovina,
the Federal Republic of Yugoslavia (Serbia and Montenegro) and Israel was
considered at the forty-sixth session under agenda item 3 and is reported
accordingly. At the forty-seventh session decisions were adopted concerning
Burundi, Bosnia and Herzegovina and Papua New Guinea. At the forty-seventh
session further consideration of the Russian Federation and the former Yugoslav
Republic of Macedonia was deferred to the forty-eighth session. Action at the
forty-seventh session concerning Algeria is described below. The situation in
Mexico was considered at the forty-seventh session under agenda item 3 and is
reported accordingly.
A. Decisions adopted by the Committee
25. The following decisions were adopted by the Committee under this agenda
item at its forty-sixth session.
1 (46). Report requested urgently from the Russian Federation
The Committee on the Elimination of Racial Discrimination views with

concern the situation of human rights in the Republic of Chechnya. It expresses
alarm over the disproportionate use of force by the Russian armed forces and the
massive loss of life which has resulted in Chechnya. The Committee deplores the
destruction of civilian property. It condemns all violations of human rights
and of international humanitarian law. It calls for all those who have
committed such violations to be brought to justice.
The Committee on the Elimination of Racial Discrimination calls urgently

for an immediate cessation to the fighting and for a dialogue to achieve a
peaceful solution while respecting the territorial integrity and the
Constitution of the Russian Federation.
The twelfth and thirteenth periodic reports of the Russian Federation were
due on 5 March 1992 and 1994 respectively. Bearing in mind its powers under
article 9, paragraph 1 (b), of the International Convention on the Elimination
of All Forms of Racial Discrimination, the Committee requests the Russian
Federation to expedite its periodic reports to permit their consideration at the
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Committee’s forty-seventh session.
The Committee further requests the United Nations High Commissioner for
Human Rights to inform it of the results of his dialogue with the Russian
Government in implementation of his mandate with a view to securing respect for
all human rights.
1086th meeting
9 March 1995
2 (46). Decision on the situation in Mexico
The Committee on the Elimination of Racial Discrimination expresses its

concern about reports of serious conflicts in the State of Chiapas which
particularly affect some indigenous populations in Mexico.
The Committee has received the ninth and tenth periodic reports of Mexico
and scheduled them for consideration at its forty-seventh session in
August 1995. In accordance with article 9, paragraph 1, of the International
Convention on the Elimination of All Forms of Racial Discrimination, the
Committee requests the Government of Mexico to submit further information on the
situation in Chiapas in time for consideration together with the ninth and tenth
reports.
The Committee decides to bring this text to the attention of the United
Nations High Commissioner for Human Rights.
1086th meeting
9 March 1995
3 (46). Reports requested urgently from Algeria
Alarmed by the continuing violence in Algeria, the Committee on the

Elimination of Racial Discrimination, in accordance with article 9, paragraph 1,
of the International Convention on the Elimination of All Forms of Racial
Discrimination, requests the Government of Algeria to expedite its eleventh and
twelfth periodic reports, due on 15 March 1993 and 1995 respectively, with
particular reference to article 5 (b) of the Convention.
1089th meeting
10 March 1995
4 (46). Report requested urgently from the former

Yugoslav Republic of Macedonia
Concerned by reports of ethnic tension, the Committee on the Elimination of

Racial Discrimination requests the Government of the former Yugoslav Republic of
Macedonia to expedite its initial report, due on 18 January 1995, in order to
facilitate consideration at the Committee’s forty-seventh session of the
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implementation of the International Convention on the Elimination of All Forms
of Racial Discrimination in the former Yugoslav Republic of Macedonia.
1089th meeting
10 March 1995
6 (46). Report requested urgently from Burundi
Concerned by reports of continuing ethnic tension in Burundi, the

Committee, in accordance with article 9, paragraph 1, of the International
Convention on the Elimination of All Forms of Racial Discrimination, requests
the Government of Burundi to expedite its seventh, eighth and ninth periodic
reports, due on 26 November 1990, 1992 and 1994 respectively, in order to
facilitate consideration at the Committee’s forty-seventh session of the
implementation of the Convention in Burundi, including specific information on
the measures taken by the Government to reorganize public institutions to ensure
balanced participation by all population groups in the conduct of public
affairs.
The Committee is alarmed by reports of the atmosphere of impunity

prevailing in Burundi and supports the appeal for an increased international
presence made by the United Nations High Commissioner for Human Rights on
16 February 1995 to prevent further deterioration of the situation.
1097th meeting
16 March 1995
7 (46). Rwanda
The Committee expresses its dismay at the tragic circumstances prevailing

in Rwanda and endorses the conclusions of the Special Rapporteur of the
Commission on Human Rights on the situation of human rights in Rwanda
(E/CN.4/1995/71, paras. 49-51). It underlines his statement in paragraph 50
that very rapid action is required if the international community is not to be
the powerless spectator of a second war and further massacres, and his
recommendation 4 (b) about the convening of an international conference. The
Committee also underlines the conclusions of the representative of the
Secretary-General on internally displaced persons (see E/CN.4/1995/50/Add.4)
concerning the importance of international action to secure the return of
displaced persons.
The Committee decides that this text should be transmitted to the United
Nations High Commissioner for Human Rights.
1097th meeting
16 March 1995
8 (46). Papua New Guinea
The Committee reiterates its concluding observations, adopted at its

1010th meeting, on 19 August 1993, and at its 1060th meeting, on 12 August 1994,
in which it expressed concern at reports of serious human rights violations in
Bougainville, including summary executions and population transfers, as well as
possible large-scale mining operations in Bougainville without due regard to the
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rights of the ethnically distinct population or the adverse effects of
environmental degradation.
It notes with appreciation that a process to re-establish peace on the

Papua New Guinea island of Bougainville has been initiated and that the
"Mirigini Charter" was signed on 25 November 1994. The Committee, however,
notes with concern that most leaders of the Bougainville Revolutionary Army and
the organization known as the Bougainville Interim Government did not
participate in the Bougainville Peace Conference, held in October 1994, which
provided the basis for discussions leading to the signing of the
"Mirigini Charter".
The Committee urges that in the future all parties participate in the
negotiations towards a total cessation of armed conflict and the restoration of
peace, which is crucial to the full implementation of human rights without
distinction as to race, colour or national or ethnic origin.
The Committee renews its offer to the Government of Papua New Guinea to
provide assistance in efforts to strengthen national mechanisms for the
promotion and protection of human rights and in particular for protection
against racial discrimination. It calls upon the Government of Papua New Guinea
to renew its dialogue with the Committee, in accordance with article 9 of the
Convention, and to expedite its periodic reports which were due on
26 February 1985, 1987, 1989, 1991, 1993 and 1995, respectively, and which
should contain specific information on the situation prevailing on the island of
Bougainville. Such information should reach the Committee in time to be
considered at its forty-seventh session in August 1995.
1097th meeting
16 March 1995
26. The following decisions were adopted by the Committee under this agenda
item at its forty-seventh session.
1 (47). The situation in Burundi
The Committee on the Elimination of Racial Discrimination,
Alarmed by reports of the breakdown of law and order in large parts of the
territory of Burundi, a State party to the International Convention on the
Elimination of All Forms of Racial Discrimination, which is leading to a further
deterioration in a critical situation that has the potential for genocide,
Recalling its decision 2 (45) on the same subject, and reiterating the
concerns and recommendations contained in that decision,
Fearing that the breakdown of law and order may cancel the benefits of the
current efforts of the United Nations to support civil institutions in the
country,
Endorsing the recommendations of the Representative of the

Secretary-General (E/CN.4/1995/50/Add.2, chap. III) and the Special Rapporteur
on extrajudicial, summary or arbitrary executions (E/CN.4/1996/4/Add.1,
chap. VI),
-9-
Decides:
(a) To ask the General Assembly and the Security Council to take decisive
steps with a view to stopping all violence and preventing another explosive
conflict and to begin, in cooperation with the Government and all political
forces in Burundi, to implement the following recommendations, in particular:
(i) A new police force should be created, staffed by persons drawn

proportionately from all ethnic groups who have not been implicated in
earlier human rights violations and who can act expeditiously when
there is any risk of further ethnic violence;
(ii) The army should be reduced in size and organized for the defence of
the territorial integrity of the country. In the prevailing
circumstances the army should not be used for the suppression of civil
disorders. A programme should be adopted to ensure that, within the
present generation, the army is composed of persons drawn
proportionately from all ethnic groups;
(iii) The judiciary and the civil administration should be reorganized and
retrained so that they represent the whole society. The functioning
and impartiality of the criminal courts require close attention.
Human rights violations on the part of the military must be treated as
criminal offences;
(iv) Measures should be taken as a matter of urgency to halt incitement to

or promotion of racial or ethnic hatred disseminated by radio or other
mass media and to ensure that those responsible for such incitement or
promotion are brought to justice. A special chamber of the court of
Bujumbura should be created to deal with criminal offences committed
by those responsible for such violations;
(v) Residential neighbourhoods of Bujumbura which previously were

ethnically mixed should be rehabilitated. New associations should be
established to channel the energies of young people into economic
rehabilitation and social development;
(vi) A national institution for the promotion and protection of human

rights should be established in accordance with recommendations of the
Commission on Human Rights and the Committee on the Elimination of
Racial Discrimination. The institution should implement programmes
and projects to combat ethnic prejudices and promote peaceful
relations between the various ethnic groups of the society;
(vii) An international presence should be maintained including, in

particular, the maintenance of a team of human rights observers;
(b) Also to ask the General Assembly to appeal to all States and to the
Security Council to halt the supply of arms to all parties until law and order
in Burundi are secured.
1124th meeting
16 August 1995
-10-
2 (47). The situation in Bosnia and Herzegovina 4/
The Committee on the Elimination of Racial Discrimination,
Concerned at the massive, gross and systematic human rights violations

which continue to occur on the territory of Bosnia and Herzegovina, and
reiterating its concluding observations adopted at its 1097th meeting, held on
16 March 1995,
Deeply concerned about reports that attacks, particularly on the United

Nations Protected Areas of Srebrenica and Zepa, in the Krajina area, as well as
in other places, were directed against civilians and civilian installations, and
about grave mistreatment of, crimes committed against and killing of innocent
civilians, contrary to international humanitarian law and relevant Security
Council resolutions,
Alarmed that the hostilities in and around Srebrenica and Zepa, in the
Krajina area, as well as in other places, have resulted in a significant flow of
refugees and in the eviction and detention of persons, resulting in an "ethnic
cleansing" of the areas concerned,
Deeply concerned that according to reports many of the former inhabitants

of the United Nations Protected Areas of Srebrenica and Zepa, of the Krajina
region and of other places have disappeared and still cannot be accounted for,
Decides:
(a) Firmly to re-emphasize that any attempt to change or to uphold a

changed demographic composition of an area against the will of the original
inhabitants, by whatever means, is a violation of international law;
(b) To demand that all parties to the conflicts fully ensure the safety of
all detained persons under their control and disclose all information concerning
all missing persons;
(c) Also to demand that persons be given the opportunity to return safely
to the places they inhabited before the beginning of the conflict and that their
safety be guaranteed, as well as their effective participation in the conduct of
public life;
(d) Urgently to call upon the international community, in particular all

the European States, to render assistance to refugees and detained persons
directly and through the United Nations High Commissioner for Refugees, the
International Committee of the Red Cross and all other organizations involved in
assistance to refugees;
(e) Firmly to re-emphasize that all those who commit violations of

international humanitarian law or war crimes shall be held individually
responsible for such acts, calls upon all States to cooperate fully with the
International Tribunal for the prosecution of war crimes committed in the former
Yugoslavia, and demands that States implement the necessary legislation to
ensure their unimpeded and effective cooperation with the International
Tribunal;
(f) Urgently to call for the provision to Bosnia and Herzegovina of all
means to protect itself in accordance with Article 51 of the Charter of the
-11-
United Nations and to live within safe and secure borders;
(g) To express its solidarity with the former Special Rapporteur of the
Commission on Human Rights, Mr. Tadeusz Mazowiecki, agreeing with him that the
response of the international community has been slow and ineffectual in
reacting to the massive human rights violations in Bosnia and Herzegovina;
(h) To transmit the present resolution immediately to the Secretary-

General of the United Nations for his attention and, through him, to the General
Assembly and the Security Council, and recommends that the United Nations take
all necessary measures to provide for the strict implementation of resolutions
in the areas referred to and in particular to undertake urgent efforts for the
assistance to refugees and detained persons.
1126th meeting
17 August 1995
3 (47). The situation in Papua New Guinea
The Committee refers to its concluding observations adopted at its

1010th meeting, on 19 August 1993, and at its 1060th meeting, on 12 August 1994,
together with its decision 8 (46), adopted at its 1097th meeting, on
16 March 1995. In decision 8 (46) the Committee reiterated its concerns
regarding ongoing human rights violations in Bougainville, welcomed positive
developments such as the signing of the "Mirigini Charter", and urged that all
sectors of the population be permitted to play a part in programmes for the
restoration of a durable peace. The Committee also requested the Government to
expedite outstanding periodic reports, due for submission under article 9 of the
Convention, in time for their consideration by the Committee at the present
session.
The Committee regrets the failure of the Government to submit the

outstanding reports or to otherwise respond to the request of the Committee to
renew a dialogue.
The Committee again calls on the Government to take all necessary steps to
halt and redress human rights abuses in Bougainville based on ethnic grounds.
In particular, it should undertake confidence-building measures enabling all the
people of Bougainville to participate directly in decisions and processes
directed towards a peace settlement and the re-establishment of civil society.
The Committee reiterates its request to the Government that it submit

without further delay outstanding reports under article 9 of the Convention,
preferably in time for their consideration at the forty-eighth session of the
Committee in March 1996.
The Committee notes that the information on the human rights situation
received by the Secretariat is not sufficient to assess the situation in
Bougainville.
-12-
The Committee brings the present decision to the attention of the United
Nations High Commissioner for Human Rights and requests him to take any possible
action under his mandate towards its implementation.
1124th meeting
16 August 1995
B. Further action taken by the Committee
27. The Committee, in its decision 3(46), entitled "Reports requested urgently
from Algeria", adopted at its 1089th meeting, on 10 March 1995, expressed its
alarm at the continuing violence in Algeria and requested the Government of that
country to expedite its eleventh and twelfth periodic reports, due on
15 March 1993 and 1995 respectively, with particular reference to article 5 (b)
of the Convention.
28. The Committee welcomed the attendance at its 1119th meeting, held on
14 August 1995, of the representative of the Government of Algeria, as well as
the indication that a full written report would soon be submitted. The
representative presented information on the current situation in the country,
particularly with regard to the treatment of foreigners. The representative
emphasized that his Government abhorred attacks on foreigners, vigorously
pursued perpetrators, and in all respects ensured that foreign victims of crime
were treated equally to citizen victims. He noted, for instance, that citizens
and non-citizens alike could benefit from programmes of compensation for
personal injuries and damage to property.
29. Members of the Committee expressed appreciation for the information

provided by the representative. They noted the commitment of his Government to
submit a written report and requested that it be submitted in time for
consideration at a session of the Committee in 1996. Members indicated that,
prior to submission of that report, there was continued uncertainty as to the
extent to which the ongoing violence was a subject of specific concern to the
Committee within the provisions of the Convention, although they noted their
competence with regard to attacks directed against foreigners. In that regard,
members welcomed the initiatives taken by the Government to protect foreigners.
-13-
III. CONSIDERATION OF REPORTS, COMMENTS AND INFORMATION SUBMITTED
BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION
A. Reports considered
30. At its forty-sixth and forty-seventh sessions, the Committee considered

reports, comments and information from 22 States parties under article 9 of the
Convention. Country rapporteurs are listed in annex VI.
Trinidad and Tobago
31. The seventh, eighth, ninth and tenth periodic reports of Trinidad and
Tobago, submitted in one document (CERD/C/224/Add.1), were considered by the
Committee at its 1072nd meeting, held on 28 February 1995 (see CERD/C/SR.1072).
32. The reports were introduced by the representative of the State party who
indicated that since the submission of the last report, the Government of
Trinidad and Tobago had enacted a series of laws intended to promote the
interests of various sectoral interest groups. The representative then
emphasized that the information on the ethnic and religious composition of the
population provided by the most recent census was merely one of record-keeping
for statistical purposes. The Government continued to maintain that the
categorization of the population along those lines might lead to racial division
and disharmony, and that the country should not pursue strategies for
development which divided the nation along racial or ethnic lines. The
Government had worked to integrate all the people of Trinidad and Tobago, on a
non-discriminatory basis, into one society.
33. Members of the Committee welcomed the fact that Trinidad and Tobago
had decided to resume submitting periodic reports after a hiatus of eight years
and urged the Government to continue its renewed dialogue with the Committee.
34. Members of the Committee asked why the Caribs had all but disappeared,
exactly how many were left, why they were not treated as a separate racial group
and whether measures were being taken to help them, particularly in the economic
and educational fields, so as to compensate them for the injustices they had
suffered.
35. Members of the Committee also asked why there were no political refugees in
Trinidad and Tobago, although in some neighbouring countries political
persecution was resulting in flows of refugees, or whether the refugees in
Trinidad and Tobago enjoyed some other status.
36. With regard to article 4, members of the Committee noted, as during the
consideration of the sixth report, that the Sedition Act posed a problem in that
a seditious intention, as defined by the Act, was extremely difficult to prove
in practice and that the Act, while it admittedly conformed to the provisions of
article 4 (a), in no way conformed to those of subparagraph (b). It did not
seem enough to condemn organizations or organized groups preaching
discrimination in any form. Members therefore wondered whether specific
legislative measures had been taken since 1987 to supplement existing measures
concerning the implementation of article 4.
37. Regarding the implementation of the provisions of article 5 of the

Convention, some members of the Committee noted that it would be helpful to have
-14-
the results of the survey of recruitment practices in the public and private
sectors which was scheduled to be carried out in 1994, and to know whether the
survey had revealed cases of racial discrimination in hiring. Some members of
the Committee asked why the numbers of Trinidad nationals of African origin
employed in the public and private sectors differed from the numbers of those of
Indian origin employed, although the size of the two communities was about the
same. They asked whether measures had been taken by the Government to redress
that ethnic imbalance with regard to employment. On the question of education,
members of the Committee asked why there was such an overwhelming predominance
of Catholic schools, while Hindu schools seemed few in number. Members also
asked whether all social groups enjoyed equal access to higher education.
38. With regard to article 6, members noted that victims of acts of

discrimination could apply to the High Court and asked whether Trinidad law
provided for remedy procedures which were less protracted and less costly and
whether the fact that no cases of alleged State violations of human rights on
grounds of race, origin, colour, religion or sex had been brought before the
High Court might not be due to unfamiliarity with the provisions of the
Convention.
39. On article 7, members asked about the existence of information programmes

designed to familiarize police officers with the provisions of the Convention.
40. Finally, members asked whether the Trinidad authorities intended to make
the declaration referred to in article 14 of the Convention and, in accordance
with the Committee’s general recommendation XVII (42) and with various
recommendations of the Commission on Human Rights and the United Nations General
Assembly, establish a national institution to facilitate the implementation of
the Convention.
41. In reply to the Committee’s questions and observations, the representative

of the State party explained that Trinidad had no refugee problem because people
wishing to emigrate went to other countries in the region, such as the United
States of America. However, two members of a Haitian junior football team had
recently applied for, and been granted, refugee status.
42. There were historical reasons for the differences in the distribution of
ethnic groups between the public and private sectors. Following the abolition
of slavery, former slaves, who were of African descent, settled in towns, while
people of Indian descent, who had been hired as agricultural workers, remained
in the rural areas, mainly where sugar cane was grown.
43. There was no racial obstacle to access to education. Students wishing to

take higher studies were selected on the basis of their examination results at
the end of secondary school. Similarly, students wishing to take secondary
studies must sit an entrance examination which was the same throughout the
country.
Concluding observations
44. At its 1094th meeting, held on 15 March 1995, the Committee adopted the
following concluding observations.
-15-
(a) Introduction
45. Appreciation is expressed as to the submission of the report and the

readiness of the Government of Trinidad and Tobago to resume, after a break of
eight years, a dialogue with the Committee. It is noted with regret that the
report under consideration did not comply with the Committee’s revised general
guidelines for the preparation of reports. However, the oral dialogue allowed
the Committee to re-establish cooperation with the Government of Trinidad and
Tobago with a view to the effective implementation of the provisions of the
Convention.
(b) Positive aspects
46. Appreciation is expressed with regard to the commitment of the Government

of Trinidad and Tobago to combat racial discrimination and hatred and the
efforts made by the State party to comply with the provisions of the Convention.
(c) Principal subjects of concern
47. It is noted that there is a lack of information provided by the Government

of Trinidad and Tobago with regard to the legal status of the Convention in the
domestic legislation. Concern is expressed at the failure to adopt legislative,
administrative and other measures implementing article 4 of the Convention
(especially paragraph (b)). It is noted that the report did not provide
adequate information on access of the various ethnic groups to primary,
secondary and tertiary education. It is also regretted that the report did not
give a clear picture of the actual implementation of articles 6 and 7 of the
Convention.
(d) Suggestions and recommendations
48. The Committee calls upon the Government of Trinidad and Tobago to report to
the Committee on a regular basis, in compliance with its obligations under
article 9 of the Convention. The Committee recommends that appropriate
consideration be given by the State party to the effective implementation of
article 4 of the Convention, especially paragraph (b), in national legislation.
The Committee recommends that more publicity be given to make the public aware
of the right to seek from national tribunals just and adequate reparation for
any damage suffered as a result of racial discrimination. The Committee further
recommends that police officials receive intensive training to ensure that in
the performance of their duties they uphold the human rights of all persons
without distinction as to race, colour, descent or ethnic origin. The
Committee, noting that the eleventh report of Trinidad and Tobago was due on
4 November 1994, invites the Government to submit a brief report on matters
outstanding as a result of the Committee’s consideration of the tenth report.
It expects the twelfth report to be comprehensive and to be submitted by
4 November 1996.
Cyprus
49. The Committee considered the eleventh, twelfth and thirteenth periodic
reports of Cyprus (CERD/C/263/Add.1) at its 1077th and 1078th meetings, held on
2 and 3 March 1995 (see CERD/C/SR.1077-1078).
50. In introducing the report, the representative of the State party stated
that his country had a system of legal provisions which guaranteed and
-16-
safeguarded human rights, and that international legal provisions were superior
to all non-constitutional law. He noted that Cyprus had made the declaration
under article 14 of the Convention and was considering ratification of the
amendment to article 8, paragraph 6. Attention was also drawn to the new law
which, in compliance with article 4 of the Convention, penalized certain
behaviour.
51. The representative referred to the occupation of part of his country’s

territory by Turkish forces and drew attention to the consequent inability of
the Government to guarantee human rights in those areas. Violations of human
rights were said to occur in those areas and to affect people of varied ethnic
origins.
52. The Committee members expressed satisfaction as to the quality of the

report, the presence of a high-level government delegation and the additional
information provided orally. Among the governmental initiatives which were
welcomed were the new laws enhancing implementation of article 4, the various
educational initiatives which implemented article 7, the making of the
declaration under article 14 and the steps taken towards ratification of the
amendment to article 8, paragraph 6, of the Convention.
53. The members deplored the continued occupation of part of the territory of
the State party. Among the gravest of the effects of the occupation was a form
of "ethnic cleansing" and the resultant changes in demographic composition.
Requests were made for updated demographic information. It was asked whether
the Government could do more to foster reconciliation with the separatists.
54. Concerning article 2 of the Convention members asked for further

information on the general legal regime for protection of human rights and
expressed surprise that no one should ever have invoked those provisions.
Details were requested concerning the role of the Supreme Court in matters of
human rights adjudication.
55. Some members expressed unease concerning the definition of incitement to

racial hatred as requiring specific intent.
56. With regard to implementation of article 5 members requested further

information on the protection of religious rights, including information on the
effects of the apparently hierarchical listing of religions in the Constitution.
Questions were also asked concerning the extent of genuine equality enjoyed by
members of minority religions such as the Muslim community (including Muslims of
Turkish origin).
57. Concerning articles 6 and 7 of the Convention a number of members asked

whether the lack of recourse to legal procedures to protect human rights might
be due to a lack of education in those matters. It was also suggested that the
public might lack confidence in the existing procedures. A member asked
specific questions about human rights education at various levels of the school
system.
58. In replying to the questions of the members the representative of the State
party expressed his gratitude for a useful dialogue with the Committee and gave
assurances that matters not dealt with orally would be addressed in the next
report of his country.
59. Concerning the various issues arising from the naming of religious groups
-17-
in the Constitution he expressed regret that the terms of the Constitution were
imposed on his country as a condition of its independence and that any
amendments would be problematic.
60. Further details were provided on the human rights violations perpetrated in
the occupied parts of the territory of the State party including confiscations
of the property of non-Muslims and the preferential treatment given to
"colonists" from Turkey. He noted that the Greek Cypriot community, 82 per cent
of the entire population, was now restricted to 63 per cent of the territory. A
number of international initiatives emphasizing the territorial integrity of
Cyprus were described. The representative stated that the entire responsibility
for the ongoing crisis in Cyprus was attributable to Turkey.
61. Information was provided on the manner in which human rights matters were
dealt with by the courts and the role of the Supreme Court.
62. The representative assured the Committee that freedom of religion was
constitutionally ensured and strictly respected including in matters of
non-discriminatory employment practices.
63. Details were given of the range of educational and publicity initiatives
sponsored or supported by the Government concerning awareness of human rights
issues. Thus, for instance, considerable media attention focused on such events
as the annual day for the elimination of racial discrimination. Public
officials were trained in human rights matters. It was also explained that the
press enjoyed full freedom from government interference and that education was
provided at the university level in both the Greek and Turkish languages.
(a) Introduction
65. The opportunity to continue the constructive and frank dialogue with the
State party is welcomed. It is noted with satisfaction that the report was
prepared by a committee composed of representatives of governmental ministries
directly involved with matters relating to the implementation of the Convention.
Appreciation is expressed at the presence of a high-level delegation, which
serves as an indication of the importance the State party attaches to the
implementation of the Convention, and for the additional information it
presented orally to the Committee.
66. The legislative measures introduced with a view to enhancing the

implementation of article 4 of the Convention are welcomed.
67. Satisfaction is expressed as regards the measures taken to promote the

objectives of article 7 of the Convention. In this connection, the initiatives
taken within the fields of education and information with a view to combating
prejudices which may lead to racial discrimination, as well as to promoting
understanding and tolerance among nations and to developing awareness of the
human rights provisions of the Charter of the United Nations and the present
Convention, deserve special mention.
-18-
68. It is noted with appreciation that the Government has made the declaration
provided for under article 14 of the Convention recognizing the Committee’s
competence to receive and consider communications from individuals or groups
claiming to be victims of a violation of any of the rights set forth in the
Convention. It is also noted with satisfaction that the State party has
initiated procedures for its acceptance of the amendment to article 8,
paragraph 6, of the Convention, which is concerned with budgetary matters
relating to the work of the Committee.
69. It is also noted with satisfaction that the State is a party to numerous
international and regional human rights instruments under which supervisory
mechanisms have been established.
(c) Principal issues of concern
70. It is deplored that since 1974 the State party, due to the lengthy
occupation of part of Cyprus by Turkish forces and the continued division of the
country, is not in a position to exercise control over the whole of its
territory and in consequence cannot ensure the implementation of the provisions
of the Convention throughout the country. According to recent reports received,
this reality has led to changes in the demographic composition of the population
due to the increasing illegal settlement of persons from Turkey in the occupied
area of Cyprus. The Committee requests the Government of Cyprus to furnish it
with information on developments concerning the occupation of parts of Cyprus by
Turkish forces as soon as possible.
71. While welcoming the enactment of Law 11 of 1992 which created offences
regarding acts amounting to racial discrimination, a question is raised about
whether the wording of certain passages in section 2A meet completely the
requirements of article 4 (a) of the Convention.
72. The Committee wishes the State party to provide, in its next report,
further information on the demographic composition of the population, the trends
as regards immigration to and emigration from the country and the breakdown by
community and ethnic group as regards their economic and social situation.
73. The Committee would also like to receive information in the State party’s
next report on the implementation of articles 2 and 6 of the Convention,
including as regards any complaints of racial discrimination received, the
outcome of the prosecution of any cases of racial discrimination and the
redress, if any, provided to persons suffering from such discrimination.
74. The Committee expresses grave concern at the deprivation of the specific
rights guaranteed under the Convention of a great number of Cypriots due to the
Turkish occupation of part of the territory of Cyprus, and reiterates its call
for an end to this totally unacceptable state of affairs. The Committee also
expresses its solidarity with the displaced people of Cyprus, its Vice-Chairman,
Michael E. Sherifis, among them, and reiterates the earnest hope that they will
be enabled, without further delay, to exercise their freedom of movement and
residence and their right to property, as provided in article 5 (d) (i) and (v)
of the Convention.
75. The Committee has taken note of the information provided in paragraphs 21
to 24 of the report which make reference to religious groups and the rights
-19-
accorded to them by the Constitution. Although the Committee would have
preferred to refer to them as ethnic groups, it is fully aware that the
respective constitutional provisions of Cyprus are based upon international
agreement which are not within the power of the Cyprus Government to amend.
76. The Committee welcomes the State party’s willingness to develop public
awareness of and information on human rights. In this regard, the Committee
recommends that the Government consider undertaking measures to disseminate to
the general public information concerning the Convention and the work of the
Committee. It welcomes the fact that the report to the Committee was publicized
and invites the Government of Cyprus to give maximum publicity to the concluding
observations of the Committee.
Italy
77. The eighth and ninth periodic reports of Italy (CERD/C/237/Add.1) were
considered by the Committee at its 1075th to 1077th meetings, on 1 and
2 March 1995 (see CERD/C/SR.1075-1077).
78. The report was introduced by the representative of the State party who
stated that his country attached particular importance to all problems
concerning discrimination and intolerance. However, he noted that events that
could amount to intolerance had occurred in areas where there was a particularly
high concentration of foreigners from countries outside Europe, mostly from
North Africa. He noted the importance, during recent years, of persons
migrating, de facto or de jure, into Italy, especially from North Africa and
Eastern European countries. In the case of displaced persons from the former
Yugoslavia, he made reference to a special law which gave them the opportunity
to enter Italy, at least temporarily, and to be provided with housing, food,
education and so on.
79. The representative also made reference to the monitoring of the problem of
nomads, in particular to facilities with regard to the schooling of children and
other social action programmes. He emphasized that Italy had deemed it
appropriate to take a step forward in its action to prevent and punish any form
of racism, intolerance and xenophobia by adopting Act No. 205, criminalizing the
mere act of incitement to discrimination and expanding the content of the term
"racial discrimination". This new legislation had made it possible for the
judiciary and the police to take action against neo-Nazi organizations. The
representative indicated that the Ministry of Education recently reminded local
authorities of the need to intensify efforts to achieve inter-cultural education
in schools at all levels.
80. Members of the Committee welcomed the detailed information given in the
report and orally, but they noted that the report concentrated on legal
provisions; it failed to provide information on the nature of the problems or to
supply practical examples showing the implementation of laws and policies. They
asked the representative whether non-governmental organizations were involved in
the preparation of periodic reports and whether the Committee’s concluding
observations were given any publicity.
81. With reference to article 2 of the Convention, members of the Committee

wished to receive information about the effectiveness of the new provisions
described in paragraphs 7 to 15 of the report. They also wished to receive
precise information on the extreme right-wing groups and gangs of "skinheads"
referred to in the report; whether they had links with political parties;
-20-
whether they attracted young people; what penalties were imposed on those groups
through the new Act No. 205 of 25 June 1993 and what follow-up there had been by
the police and the courts to the reported incidents of violence against
foreigners. They expressed satisfaction for the special status given to three
regions inhabited by persons speaking minority languages, and asked for
information on the status of other linguistic minorities elsewhere in Italy.
They also asked for more information about specific cases of racial violence in
the recent past, particularly against Romas, Jews and people from North Africa.
In addition, they asked the representative to provide the Committee with
information on the demographic composition of the Italian population, with
specific reference to ethnic minorities, including the Roma community; on racist
incidents and on social indicators, which included the crime rate and the rates
of imprisonment, alcoholism, drug use and trafficking, prostitution, suicide and
certain diseases, especially AIDS, for various groups, such as foreign nationals
and migrant workers.
82. With regard to article 4 of the Convention, members wanted to know whether
the laws referred to in the report, in particular Decree-Law No. 122, had been
fully implemented; whether individuals or groups had been prosecuted under those
laws; whether the provisions described covered all aspects of racial
discrimination referred to in article 4 of the Convention and whether
revisionism was a crime in Italy. They also wanted to know whether
consideration was given by his Government to withdrawing the reservation made to
article 4 of the Convention.
83. Concerning article 5 of the Convention, members wished to know whether

there was any surveillance of police operations; what action was taken in
respect of the victims of racial discrimination by the police and whether those
responsible for discrimination were retrained or disciplined. They asked
whether the legislation concerning political asylum for non-European Union
citizens (Act No. 39 of February 1990) was more restrictive in matters relating
to the status and employment of the people concerned than the ordinary Italian
legislation in those areas and whether there were plans to amend this Act; they
asked about the results of the campaign to get non-European Union citizens to
renew their residence permits and whether there was any discrimination against
migrant workers in the workplace and in housing. They would have liked
information on the regulations governing the deportation of aliens; on
statistics about the number and nationality of aliens deported in recent years,
and where they had been sent; on people refused admission to Italy on the
grounds of public order; on the number of people granted political asylum in
Italy and their countries of origin; on the number of people currently living in
centres for immigrants and in "reception facilities", on the conditions in those
centres and facilities and on the possibility for courts, foreigners’
associations or interested non-governmental organizations to have access to them
in order to monitor conditions there, and whether special arrangements were made
for Albanians and refugees from the former Yugoslavia. They also asked for
information on the council for the problems of non-European Union workers and
their families, on the way immigrants’ representatives were chosen, and on the
existence of any special agreement between the State and the Muslim community
comparable to that between the State and the Jewish community.
84. With regard to article 6 of the Convention, members of the Committee

regretted that there seemed to have been no developments in the individual’s
right to seek redress before the courts for acts of racial discrimination; in
that connection, they asked for details and statistics on complaints,
prosecutions and convictions in cases of acts of racism of all kinds. With
-21-
regard to the reservation made by Italy to article 6 of the Convention, members
asked whether consideration was given to its withdrawal.
85. Concerning article 7 of the Convention, members asked for more information
about measures taken to promote inter-cultural and multiracial education; on the
integration of foreign pupils into Italian schools in practice and on the number
of pupils, including those from non-European Union countries, receiving
education on an individual or small-group basis.
86. In their reply, the representatives of Italy said that a procedure for the
withdrawal of Italy’s reservations to the Convention had been set in motion.
All the statistical information which members had requested would be provided
later in writing. However, they were able to state that, according to the local
authorities and some non-governmental organizations, there had been about
300,000 illegal residents in Italy at the end of 1994. The 1990 Martelli Act
had changed the regulations governing immigrants by enabling the authorities to
set a yearly limit on the number of aliens who would be allowed to immigrate
into Italy, with the figure being published each year in a decree. That Act had
also provided for a national council and regional councils of representatives of
workers from non-European Union countries appointed directly by non-Union
workers’ associations. The membership of those councils reflected the size of
the various communities in each area. Some regions had laws encouraging the
formation of non-Union workers’ associations by granting subsidies. Illegal
immigration continued to be a major social problem in Italy, but was difficult
to monitor or eradicate.
87. On the question of reception centres, a distinction should be drawn between

foreign nationals applying for refugee status and non-European Union workers.
The former were permitted to stay for 45 days, pending the authorities’ decision
regarding their admission, and the latter were accommodated in primary reception
centres set up in each region and subsidized by the State. They therefore had
housing and health care and enjoyed freedom of movement. It was difficult to
determine their exact number, as the centres were merely transit facilities.
With regard to housing, a number of voluntary organizations acted as
intermediaries between owners and foreign workers by acting as guarantors for
the latter. Some local authorities reserved a portion of their public housing
for foreign workers and their families and, in some cases, the State and local
authorities made abandoned buildings available to immigrant communities, with
the sole proviso that they renovate them.
88. Between 1991 and 1993, some 100 court actions had been instituted against
persons responsible for acts of racial discrimination. In 20 cases, proceedings
had been discontinued and in 20 others, sentences had been handed down. It
should be noted, however, that those figures were incomplete as, in cases where
an act of discrimination was associated with another crime or offence, it was
often the latter which was the basis for the court’s decision. Moreover, the
measures associated with the new Act No. 205 of 25 June 1993 empowered the
courts to impose penalties including the performance of community service. With
regard to the number of racially motivated incidents, three or four serious
incidents involving criminal acts directed against the Roma community had taken
place near Rome and two others near Bologna in which two members of the Roma
community had died; a Roma encampment near Caseta had also been destroyed in a
fire which had been deliberately set, resulting in charges being brought against
29 persons. Anti-semitic acts included three or four cases of desecration of
Jewish cemeteries, for which a number of individuals had been prosecuted.
-22-
89. The representative of Italy said that, concerning the ban on organizations
linked with Fascist ideology, a number of those organizations had been banned
under a 1952 law, including the Ordine Nuovo and Fronte Celtico, and that some
extreme right-wing or "skinhead" groups had been banned under Decree-Law No. 122
of 1993, including the Movimento Politico Occidentale in Rome and the Front
Nazionale in Verona. Two groups of judges in Rome were concentrating on
incidents of racial discrimination: one dealt with minority issues and the
other with violent and politically linked incidents of xenophobia, racism and
intolerance.
90. On the question of detention, there was no discrimination in law regarding

the application of prison regulations; the prison authorities had attempted to
remedy the language problem by providing excerpts from the regulations in
foreign languages and offering Italian language courses. Measures had been
taken to remove obstacles to the exercise of religious freedom in prisons. The
prison authorities had facilitated the formation of a national organization to
look into the question of foreign prisoners.
91. With regard to expulsions, under the Act of 12 August 1993, foreign
nationals in pre-trial detention for offences not considered serious, or persons
sentenced to imprisonment for up to three years were expelled immediately at
their request or the request of their attorneys and were sent back to their
country of origin or departure, provided they had no serious health problems or
were not in danger for reasons related to war or an epidemic. Generally
speaking, there were two expulsion procedures: expulsion orders, whereby the
authorities gave notice to leave the country within 15 days and the person
concerned could appeal to the local administrative tribunal (in 1994, only 6,000
of 56,000 expulsion orders issued had actually been carried out), and escort to
the frontier in the case of persons guilty of very serious crimes or whose
situation was highly irregular.
92. In connection with questions related to special agreements with the Muslim
community in Italy, the representatives said that the Muslims had no supreme
national authority, like that of Jews or Seventh Day Adventists, with which such
an agreement could be concluded; however, there had been agreements between
Italian authorities and Muslim communities at the local level.
(a) Introduction
94. The Committee welcomes the opportunity to continue its regular dialogue
with the Italian Government. It expresses its satisfaction at the presence of a
large delegation, consisting mainly of officials of the various ministries
concerned with the protection of human rights. While the report lacks
information on some points and is not entirely in conformity with the
Committee’s guidelines for the preparation of reports, the information provided
by the delegation during its oral introduction and the replies to a number of
questions asked by members of the Committee shed light on a number of points not
made clear in the report. Nevertheless, some questions remained unanswered.
-23-
95. It is noted with satisfaction that Italy is one of the States parties which
has made the declaration under article 14 of the Convention and that it has in
practice abandoned its reservations to the Convention and instituted a procedure
for their formal withdrawal.
96. It is also noted that Italy grants special status, guaranteed under the
Constitution, to some linguistic or ethnic minorities in the Trento-Alto Adige,
Friuli-Veneto Giulia and Valle d’Aosta regions.
97. The establishment of national and regional councils for the problems of
non-Community workers and their families is noted with interest. Positive
measures have also been taken for the regularization, vocational training and
health care of non-Community foreigners, as well as for the prevention of
illegal employment.
98. The introduction of some new measures to combat the resurgence of racial
violence is noted with satisfaction. These measures included Act No. 2061/C of
1992, instituting urgent measures on racial, ethnic and religious discrimination
and, with regard to the right of asylum, the adoption of Act No. 39-90 of 1990,
instituting urgent measures on political asylum, entry, residence and
regularization of non-Community citizens and stateless persons.
99. New measures concerning inter-cultural education are also noted with
satisfaction. They include additional hours of instruction for pupils
experiencing problems, most of whom are pupils of foreign origin confronted with
the language barrier, and the ministerial circular on the equal distribution of
foreign pupils in classes to promote their social integration.
100. Concerns are expressed about the manifestations of racism and xenophobia
which seem to be on the rise in Italy, as in many other countries. One of the
subjects of concern in this regard is the high proportion of young people in
extremist groups involved in acts of racial violence and the support they are
apparently able to secure from some political circles.
101. Concerns are expressed about some cases involving the ill-treatment of
foreigners of non-Community origin by police officers and prison staff.
102. Concern is also expressed regarding the social trends towards segregation
in housing and work.
103. Regret is also expressed regarding the limited amount of information in the
first general part of the report and the absence of details on the practical
implementation of articles 2 to 6 of the Convention.
104. The Committee recommends that the Italian authorities urgently make more
effective the measures to curb racial violence and xenophobia in all their
forms.
105. The Committee expects the Italian Government, in its next periodic report,
to provide fuller information on the first general part and on the
implementation of the provisions of the Convention, notably articles 2 to 6.
-24-
106. Emphasizing the decisive role of the justice system in eliminating racial
discrimination, the Committee asks to be provided with information on the
effectiveness of remedies in cases of racial discrimination, on the number and
content of complaints of racial or racially motivated offences, and on the
judicial action taken on those complaints and the redress or compensation
awarded to the victims.
107. The Committee requests further information on the actual operation of

reception centres for foreigners and refugees at frontiers, on the control
exercised over those centres by the judicial authorities and on the extent to
which refugee assistance associations and organizations are permitted access to
them.
108. The Committee would also like, in future, to be provided with full and
up-to-date data on the composition of the population, on the "social indicators"
of non-integration of the least favoured social groups of the population, on
migratory flows and on the number of foreigners expelled.
109. Finally, the Committee draws the State party’s attention to the amendment
to article 8, paragraph 6, of the Convention, approved at the Fourteenth Meeting
of States Parties and by the General Assembly in its resolution 47/111 of
16 December 1992, and invites it to consider taking measures necessary for the
official acceptance of the amendment.
Sri Lanka
110. The third, fourth, fifth and sixth periodic reports of Sri Lanka, submitted
in one document (CERD/C/234/Add.1) were considered by the Committee at its
1079th and 1080th meetings, held on 3 and 6 March 1995 (see
CERD/C/SR.1079-1080).
111. The report was introduced by the representative of the State party who
expressed confidence in the constructive dialogue between his country, the
Committee and other United Nations human rights mechanisms. He drew particular
attention to a recent major constitutional change whereby administrative power
had been devolved to provincial councils in response to the demands of
minorities, and Tamil had been made an official language.
112. The representative described the work and powers of the Official Languages
Commission, established in 1991, which monitored compliance with the
constitutional provisions concerning language and recommended policy concerning
official languages. Problems concerning minorities were also being addressed
through initiatives in the field of employment. Further to recommendations of
the Youth Commission, there was now a policy of positive discrimination to
redress under-representation of minority ethnic groups in the public service,
subject to restrictions laid down by the Supreme Court. Developments in
promoting human rights education in schools, universities and professional
courses were also described.
113. The representative stated that considerable progress in promoting human

rights had occurred following a change of Government in 1994. A range of
measures to promote peace in the northern part of the country were described,
including a ceasefire and peace negotiations with the Liberation Tigers of Tamil
Eelam (LTTE), consideration of devolution options for minority groups in the
region and rehabilitation projects. He also noted that the Government had
established a Ministry of Ethnic Affairs and National Integration and would soon
-25-
put before Parliament a proposal to establish a national Human Rights
Commission. The representative presented to the Committee a document entitled,
"Sri Lanka - Human Rights", which outlined his country’s action in the field of
human rights since the submission of the sixth periodic report.
114. The members of the Committee commended the State party on the quality of
its report, prepared in accordance with the Committee’s guidelines, and thanked
the representative for the information provided orally. Measures taken by the
Government to find a political solution to problems in the northern and eastern
provinces were welcomed as were the recent constitutional and legislative
changes and the establishment of the Ministry of Ethnic Affairs and National
Integration. Members expressed approval for the increased promotion of human
rights education in the country and the expressed willingness of the Government
to cooperate with international human rights mechanisms and institutions.
115. Concerning article 2 of the Convention, members put a number of questions

about the 1978 Constitution and the extent to which its provisions could be
suspended in times of emergency. Clarifications were also requested as to its
compatibility with international law and the status of international human
rights law in the national legal system. Members requested information on the
operation of emergency legislation and the proposed national Human Rights
Commission. Information was requested as to whether, in its efforts to combat
discrimination within the terms of article 1 of the Convention, the Government
was considering ratification of relevant ILO conventions and Protocol II
Additional to the Geneva Conventions of 12 August 1949.
116. Concerning article 4, further information was requested regarding the

practical application of the criminal law provisions concerning prosecution of
manifestations of racial and religious hatred. Members also expressed unease as
to the effectiveness of those provisions and the fact that they did not address
acts of hatred other than those which are racial or religious.
117. In discussing implementation of article 5, a number of members drew

particular attention to the situation of the Tamil, Sinhalese and other
communities. More information was requested on matters including freedom of
movement between the mainland and the Jaffna peninsula and elsewhere, the role
of the army and the extent to which it might impede national reconciliation, the
reports of the ongoing practice of torture by the security forces and the work
of the Presidential Commission investigating abductions and disappearances. A
member asked about the fate of some 4,000 to 5,000 Sinhalese who the Government
stated in 1991 were to be detained for life. Information was requested on the
status of some 85,000 stateless Tamils of Indian origin currently in the
country.
118. Other matters queried in terms of article 5 were the treatment of workers,
notably women in free trade zones, trade union freedoms and equal employment
opportunities. A member queried the extent to which ethnic quotas were or might
be employed to select from among candidates for government posts, with
reference, inter alia, to the information in the report that Muslims were
allotted 8 per cent of such posts.
119. Concerning implementation of article 6 members asked for further

information on the work of the commissions set up to examine cases of bribery
and corruption, disappearances and political murders as well as on the extent of
protection provided to those who had been threatened for taking legal action
against the State in matters concerning alleged abuse of human rights. Further
-26-
information was also requested on the effectiveness of legal remedies for
violations of rights protected by the Convention and on the role and activities
of the ombudsman. Some members expressed concern as to the extent to which the
variety of human rights monitoring and redress bodies might overlap or
effectively hinder one another in the carrying out of their activities.
120. The representative of the State party in commencing his replies expressed
satisfaction with the dialogue with the Committee and gave assurances that
matters not dealt with orally would receive consideration in his country’s next
report.
121. The representative explained the security exigencies which had prevented
the holding of a national census and gave details of the new constitutional
reforms, including the strengthening of human rights guarantees. He emphasized
that the changes would restrict the possibility of limiting a range of rights
other than for purposes of maintaining public order. The representative
clarified that the policy of the State was to ensure compatibility of national
laws with international standards prior to adhesion to the international
instruments.
122. The state of emergency declared for the entire country on 24 October 1994
was still in effect in certain regions.
123. The representative provided information to the effect that many of the
detainees referred to by members had now been released and that there was an
ongoing inquiry which made recommendations on release and conditions of
detention. The Government would, he stated, take all necessary action to halt
and punish violations of human rights.
124. The representative described in some detail the mandate and composition of
the proposed national Human Rights Commission and indicated that its reports
would be put regularly before Parliament.
125. In response to the questions of a member the representative explained the

reasons for restricted freedom of movement between the mainland and the Jaffna
peninsula and expressed his Government’s determination to improve the situation.
126. Clarifications were given concerning the nature of the Muslim and Tamil
communities and on consultations with Muslim communities in matters concerning
their welfare.
127. The representative contended that the number of disappeared persons in the
country was considerably less than the number of 60,000 mentioned by a member.
He described government policy concerning the future role of the armed forces
and ongoing programmes of human rights education for troops. Also described
were strategies to care for and bring about the return of displaced people.
Other institutional initiatives to redress human rights problems included the
human rights task force, the independent commission on corruption, the Centre
for the Independence of Magistrates and Advocates, implementation of
recommendations of the United Nations Working Group on Enforced or Involuntary
Disappearances, the Presidential Commission of Inquiry on Involuntary
Disappearances, the Ombudsman, etc. The role of the Supreme Court was
described.
128. The representative denied that religious freedom, freedom of expression or

trade union and employment rights were limited in a manner inconsistent with the
-27-
Convention.
129. In conclusion, the representative presented figures on the ethnic

composition of the public service and its recruitment policy.
(a) Introduction
131. The Committee commends the State party on the quality of its report
prepared in accordance with the Committee’s guidelines for the preparation of
State party reports and expresses its appreciation to the State party’s
delegation for additional information that it provided to the Committee orally.
It notes with satisfaction the submission by Sri Lanka of the core document
(HRI/CORE/1/Add.48) and of the document entitled "Sri Lanka - Human Rights"
containing information of a general character. The Committee regrets, however,
that the third, fourth, fifth and sixth periodic reports have not been submitted
on time and that the report under consideration combines the third to sixth
reports and covers a period of almost 10 years.
132. Measures adopted by the People’s Alliance Government of Sri Lanka with a
view to finding a political solution to the problems affecting the northern and
eastern provinces are welcomed. Those measures, particularly the commencing of
negotiations with the Liberation Tigers of Tamil Eelam (LTTE), the elaboration
of the rehabilitation projects of some US$ 800 million for the northern
province, and the signing of a cessation of hostilities agreement with LTTE
which came into effect on 8 January 1995 pave the way to national integration
and to the promotion of national reconciliation between all communities of the
Sri Lankan society.
133. Also welcomed are legislative and administrative measures recently adopted
by the Government with a view to fostering and consolidating the process of
peaceful resolution of the conflict situation prevailing in the country during
the period under review. Among measures noted are the thirteenth amendment to
the Constitution providing, inter alia, for the creation of the mechanism of
provincial councils to satisfy minority demands and for the introduction of
Tamil as an official language in addition to the Sinhalese language, with
English as the link language; the amendments to the Parliamentary Commissioner
for Administration Act No. 17 of 1981 simplifying the procedure for submission
and consideration of complaints; the creation of the Ministry of Ethnic Affairs
and National Integration; and the announced establishment of a national Human
Rights Commission which would be yet another forum through which the minorities
could seek redress of their grievances.
134. Noted with satisfaction are measures taken by the Government to disseminate
knowledge of human rights among the various segments of the national community
by, inter alia, the incorporation of human rights concepts into school
curricula; training in human rights provided for law enforcement officials; and
introduction of human rights as a subject in undergraduate and postgraduate
university studies.
-28-
135. The readiness of the Government of Sri Lanka to cooperate with various
United Nations human rights monitoring mechanisms and other intergovernmental
and non-governmental organizations and institutions in the domain of human
rights protection is appreciated.
(c) Factors and difficulties impeding the application of the Convention
136. It is noted that the situation prevailing in the country during the period
under review has not been conducive to the effective implementation of the
Convention and has made it difficult for the State party to comply with its
reporting obligations, thus preventing the Committee from fulfilling its
obligations in accordance with article 9, paragraph 1, of the Convention.
(d) Principal subjects of concern
137. It is noted with concern that the state of emergency in effect

intermittently since 1983 continues in a significant part of the national
territory. The Committee hopes that the situation will improve so that the
state of emergency can be lifted.
138. Concern is expressed that the State party has not provided sufficient
information on the implementation of the provisions contained in articles 4
and 5 of the Convention.
(e) Suggestions and recommendations
139. The Committee draws the State party’s attention to the obligation under
article 9 of the Convention to report regularly and that the seventh report, due
on 20 March 1995, be submitted without delay.
140. The Committee recommends that the State party pay more attention to
sensitizing the members of the law enforcement agencies, security and armed
forces about human rights.
141. The Committee also recommends that the State party, in its seventh periodic
report, provide more detailed information on the system of human rights organs
functioning in the country, and in particular on how their mandates relate to
the rights mentioned in the Convention; information on how these organs interact
and coordinate their activities is also requested.
142. It is recommended that the Government provide the Committee with the
information necessary to assess its implementation of articles 4 (b) and 5 (e)
of the Convention. The Government is reminded that it should adopt specific
penal legislation in accordance with General Recommendation 15.
Croatia
143. The Committee, in concluding observations adopted at the forty-third

session,5/ requested additional information from Croatia concerning measures
taken to give effect to the provisions of the Convention. The Committee
considered the additional information (CERD/C/249/Add.1) at its 1087th and
1088th meetings, held on 9 and 10 March 1995, respectively (see
CERD/C/SR.1087-1088).
144. The representative of the State party in presenting the additional

information noted that some of the Committee’s previous queries had been
-29-
rendered obsolete by time and others had become more pressing. As a source of
background information he distributed copies of a text entitled "Human rights in
Croatia". He noted the importance of the mission to his country by a member of
the Committee and further drew attention to findings of the Council of Europe
concerning the human rights situation in Croatia.
145. Attention was drawn to the important human rights safeguards contained in
the Constitution and the Constitutional Law on Human Rights and Freedoms and the
Rights of National and Ethnic Communities or Minorities. The representative
explained that a provision queried earlier by the Committee, in which it seemed
that the Supreme Court appointed members of the Parliament, was actually a
constitutionally valid act of affirmative action to ensure parliamentary
representation of Serbs.
146. With regard to implementation of human rights safeguards the representative

noted the enormous problems posed by the ongoing war and occupation of parts of
the national territory by secessionist forces. Even in areas away from conflict
zones the war caused major economic problems and presented the challenge of
caring for enormous numbers of displaced persons (who constitute some 8 per cent
of the Croatian population).
147. The representative assured the Committee that following the war there would
be no reprisals or discriminatory actions taken against Serbian people and that
they would enjoy full respect for their human rights. He affirmed the
commitment of Croatia to support the work of the International Tribunal for the
Prosecution of Persons Responsible for Serious Violations of International
Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991
(the International Tribunal), and in general to bring violators of human rights
to justice.
148. The representative acknowledged that there were isolated incidents in

Croatia of expressions of racial hatred; however, the Government was reluctant
to limit freedom of expression, in reaction not least to the decades of
repressive communist rule.
149. With regard to article 2 of the Convention a number of members expressed

concern about the Government of Croatia’s expressed intention to end the mandate
of the United Nations Protection Force and the implications of such action for
the security of minorities in various parts of the country. Questions were
asked concerning the extent to which the Government would cooperate with the
work of the International Tribunal in bringing war criminals to justice. Also,
members wished to know the extent of prosecutions undertaken in the country for
acts of racial discrimination and sought information on the activities of the
various State bodies charged with protecting the rights of minority groups.
150. Members wished to know the situation of various minority groups, including
Roma gypsies and those of Serb or Italian origin.
151. Members expressed concern that Croatian law and government policy seemed to
fail to comply with the terms of article 4 of the Convention and they requested
clarifications in this regard.
152. Pursuant to the terms of article 5 of the Convention, members expressed

concern about the situation of large numbers of displaced people, mostly of the
Muslim religion, who had sought shelter in Croatia consequent upon war
conditions in the Bihac area of Bosnia and Herzegovina. The plight of other
-30-
refugees from Bosnia and Herzegovina was also mentioned and reference was made
to indications of possibly discriminatory criteria for the granting of refugee
status. With regard to the granting of nationality, Members inquired about
possibly discriminatory policies militating against people of the Muslim faith
or of Serb origin.
153. Members inquired about the Government’s efforts to protect the Serb
minority and drew attention, inter alia, to reports of illegal evictions which
the State had failed to prevent. The Government was also asked to comment on
allegations of human rights abuses against Roma gypsies.
154. With regard to human rights abuses and violations of the Convention in
areas under the de facto control of secessionist forces, members inquired as to
what Croatia was doing to bring about a peaceful reintegration of the
territories and to assist in the quest for missing persons.
155. Concerning article 6 of the Convention, members asked about allegations

that people of Serb origin and Roma gypsies had great difficulty in obtaining
justice in the courts. Enquiries were also made as to the effectiveness of the
judicial system in processing complaints of human rights abuses and the extent
to which courts have been seized of such matters.
156. Pursuant to article 7 of the Convention, members wished to know what human
rights training was provided for members of the security forces.
157. It was asked whether the Government would consider accepting the right of
individual petition under article 14 of the Convention.
158. In replying to the members the representative reaffirmed his Government’s

commitment to human rights but noted the extreme difficulties presented by the
war situation and the exigencies of putting in place the apparatus of a modern
democracy. Further details were provided on the various State institutions
charged with protection of human rights, and the role played by the Council of
Europe. The status of the Convention in national law was clarified; any failure
to cite it in court was probably attributable to a lack of awareness on the part
of lawyers.
159. With regard to the International Tribunal and the initiatives of the United
Nations to trace missing persons, the complete support of Croatia was reaffirmed
and the manner of cooperation was explained. Also, the representative presented
the rationale behind Croatia’s policy with regard to the United Nations
Protection Force.
160. The representative explained that the Government was endeavouring to fully
respect the rights of all minority groups, including Roma gypsies and those of
Serb, Italian and Albanian origin, and of displaced people, and was to the
extent possible extending to them all the social and educational support of the
State. Furthermore, the wishes of the various groups were fully taken into
account in the development of government policy. Expulsions of displaced people
and decisions on citizenship were in full conformity with the law (which is,
however, currently being reviewed).
161. A range of the specific points raised by members was addressed by the
representative. Croatian law and policy endeavoured to protect human rights,
but in a number of instances, such as the freedom of the media, the Government
might modify the current position.
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162. The representative stated that the Government was anxious to respect the
rights of people resident in areas under the de facto control of secessionist
forces and was actively pursuing a peaceful resolution of the conflict. It was
noted that recent agreements with the rebel forces had brought some improvement
to the quality of life of residents of the areas.
(a) Introduction
164. The opportunity to continue the constructive dialogue with the State party
is welcomed and appreciation is expressed concerning the readiness of the State
party to provide the additional information which had been requested by the
Committee. The presence of a high-level delegation and the extent to which it
presented additional information orally and in written form to the Committee is
indicative of the desire of the State party to take seriously its obligations
under the Convention. Also acknowledged with appreciation is the invitation and
assistance offered to the Committee’s good-offices mission to Croatia which took
place in 1994.
165. The stated commitment to normalize inter-ethnic relations is welcomed as

are the advances which have been made in democratic institution-building. The
establishment of a Constitutional Court is especially important and ongoing
preparations for the activation of bodies such as a provisional court of human
rights are noted. Satisfaction is expressed concerning the adherence of Croatia
to the Council of Europe’s human rights protection mechanism for non-members.
The State party is to be commended for its willingness to cooperate fully with
the International Tribunal for the former Yugoslavia and with mechanisms of the
Commission on Human Rights, including the special process for disappeared
persons and the Special Rapporteur for the former Yugoslavia.
(c) Factors and difficulties
166. It is deplored that the State party, due to the fact that parts of its
territory are controlled by secessionist forces, is not in a position to
exercise control over the whole of its territory and in consequence cannot
ensure the application of the provisions of the Convention throughout the State.
It is noted that the secessionist forces are responsible for systematic
violations of human rights in areas under their de facto control, including
rights ensured by the Convention, the principal victims of which are those not
belonging to the Serb or Croatian Serb communities.
167. The enormous problems for the State party posed by the effects of the
hostilities in the former Yugoslavia are noted. In particular the difficulties
in meeting the needs of the large numbers of refugees and displaced persons are
acknowledged.
168. Great concern has been expressed about the earlier intention of the State
party not to permit the military, civilian and police components of the United
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Nations Protection Force to remain in the country. It is considered that
withdrawal may have the gravest implications for minority ethnic groups and
displaced persons in the United Nations Protected Areas (UNPAs), the
demilitarized zone and elsewhere.
169. While recognizing the considerable problems confronted by the State party
in meeting the needs of refugees and displaced persons, unease is expressed as
to recent practices which have particularly affected refugees of Bosnian Muslim
origin. Note is taken of reliable reports that many such refugees have failed
or had great difficulty and extreme delay in obtaining the necessary
documentation to allow them access to essential social and humanitarian services
in Croatia, and have thus been obliged to return to sometimes life-threatening
situations in Bosnia and Herzegovina. Concern is also expressed about the
incident in late summer of 1994 when the State party refused to allow some
30,000 externally displaced persons, all Bosnian Muslims, from the Velika
Kladusa region of Bihac (Bosnia and Herzegovina) to leave appalling camp
conditions in UNPA North and the demilitarized zone and enter areas of Croatia
under its control. It is, however, noted that the situation was especially
complicated by, inter alia, the influence exerted by leaders of the so-called
"Autonomous Province of Western Bosnia", the rapidly changing war situation and
the eventual return of most of the displaced people to Velika Kladusa.
170. It is noted that the administration of the criminal justice system fails
adequately to address crimes of an ethnic nature. Thus there has been a failure
to prosecute alleged perpetrators of crimes directed at ethnic Serbs and it is
reliably reported that a number of Croatian Serbs have been unfairly prosecuted
or excessively punished for alleged crimes against non-Serbs.
171. Attention is drawn to the extent of evictions carried out by State

authorities against ethnic Serb residents of apartments formerly owned by the
Yugoslav National Army. Particular concern is expressed regarding evictions
which the Government declared to be legal in apparent defiance of decisions of
the Constitutional Court. Inaction by the government authorities to prevent or
reverse evictions of ethnic Serbs which it itself deems to be illegal is also
noted.
172. Concern is expressed regarding the influence of the mass media in

aggravating ethnic tension and the failure of the State to investigate and
prosecute a number of incidents of promotion by elements of the print media of
hatred directed against ethnic Serbs.
173. Note is taken of the provisions of the laws concerning naturalization and
acquisition of citizenship and concern is expressed as to the great difficulties
encountered in the process by many who are not of ethnic Croat origin.
174. Attention is drawn to the situation of the Roma community in Croatia and to
a number of reports indicating that they are subject to discrimination and forms
of harassment.
175. The Committee recommends that the process of democratic institution-

building proceed with great urgency and that the provisional court of human
rights speedily commence its activities. It also recommends that the State
party ensure that laws and regulations concerning, inter alia, naturalization,
acquisition of citizenship, determination of refugee status and tenure of rented
-33-
accommodation be implemented in a transparent non-discriminatory manner in full
conformity with the provisions of the Convention. It further recommends that
any victims of discriminatory application of such rules and regulations in
violation of the terms of the Convention receive redress to the extent that this
is possible.
176. The Committee recommends that the State party ensure that it administers
justice in a manner consistent with its obligations under the Convention and
that it speedily prosecute all alleged offences which appear to be directed
against persons because of their racial, ethnic or religious origins. It
recommends to the State party that it identify any miscarriages of justice which
may have occurred and been motivated by the ethnic origin of the defendants and
that it redress any injustice done.
177. The Committee recommends that the State party consider making the
declaration under article 14, paragraph 1, of the Convention.*
* Adopted by vote of the Committee
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178. The Committee recommends as a matter of urgency that the State party
comply with article 4 of the Convention and prohibit and prosecute all
incitement to ethnic hatred in the media and elsewhere.
Peru
179. The eighth, ninth, tenth and eleventh periodic reports of Peru, submitted
in one document (CERD/C/225/Add.3), were considered by the Committee at its
1083rd and 1084th meetings, held on 7 and 8 March 1995 (see
CERD/C/SR.1083-1084).
180. The reports were introduced by the representative of the State party, who
indicated that the Government of Peru, democratically elected in 1990, had
worked hard to rebuild the economy and combat terrorism and drug-trafficking.
While the process of national peace-building was not yet complete, the
Government had succeeded in disbanding many terrorist organizations, thanks to
its - necessarily strict - anti-terrorist legislation, which was now being
progressively relaxed. The international bodies concerned with human rights had
acknowledged the sharp fall in the number of allegations of violation of human
rights in Peru. The new Constitution had been adopted in 1993 and endorsed by
the people in a referendum. The Constitution stated that all persons were equal
before the law and expressly prohibited discrimination on the grounds of origin,
race or language. The Government had drawn up a preliminary draft of a law
which would cite acts of racial discrimination as aggravating factors in
offences already described in the existing criminal law, thus reflecting the
provisions of article 4 of the Convention.
181. The representative said that any discussion of racial problems in Peru must
necessarily refer to the situation of the indigenous communities. Peru was the
most ethnically varied country in South America, with no less than 14 different
families of languages. Indigenous communities enjoyed a whole range of rights
and prerogatives which protected their existence as legal entities and their
autonomy in respect of organization, communal work and the free use of their
lands. The Constitution delegated many legal functions to the traditional
indigenous authorities in accordance with customary law, provided that the
fundamental rights of the individual were not infringed. Other legislation and
development projects dealing with indigenous communities were mentioned by the
representative. The Government, he said, had also given a high priority to
education.
182. Members of the Committee welcomed the resumed dialogue with the reporting
State and noted with satisfaction that the Government of Peru had ratified ILO
Convention No. 169 concerning Indigenous and Tribal Peoples in Independent
Countries.
183. In connection with article 2 of the Convention, members of the Committee

noted that the report failed to give a clear account of Peru’s "national
integration" policy. It made no mention of concrete measures, as required by
the Convention, and was confined to general statements. Statistics showed that
public resources were concentrated in Lima, where the white population was
mostly located, whereas the regions and departments with the largest indigenous
populations were neglected, although the people were the poorest, the least
educated and the least developed. It was felt that, although economic and
social policies in general might be successful in some ways, they often
marginalized the rural poor, who in many cases were descendants of indigenous
peoples, and thus had the effect of failing to guarantee their social and
-35-
economic rights and increasing inequalities. Members of the Committee wished to
know to what extent there were policy consultations between the Government and
non-governmental organizations, and whether there had been responses to their
views on the question of national integration. Regarding the status of the
Black minority of Peru, members requested information as to what was done to
redress the situation of pervasive discrimination, social prejudice and
persistent poverty.
184. Members of the Committee observed that very little information had been
provided concerning the implementation of article 4 of the Convention. In
particular, it was not clear whether article 371 of the Peruvian Penal Code met
the standards of article 4 of the Convention.
185. With regard to the implementation of article 5 of the Convention, more

information was needed on the extent to which the measures described in the
report were effective. In particular, regret was expressed at the lack of any
information in the report on the protection from racial discrimination of the
right to housing, provided for under article 5 (e) (iii) of the Convention.
Referring to the right to equal participation in cultural activities,
established in article 5 (e) (vi), and in particular to the mass media, it was
asked whether there was any consultation with multiracial, integrationist
associations to ascertain their views concerning representation in the media.
Referring to the statement that Quechua, Aymara and the other aboriginal
languages had official status under the law, members of the Committee asked
whether interpretation was, as required, provided in the courts, how many people
spoke those languages and whether translations into those languages had been
made of various legislative documents, notably those relating to labour law and
the rules governing detention, release from detention and sentencing. Concerning
possible violations of the rights enumerated in article 5 of the Convention and
the right of individual recourse, consequent to Peru’s declaration under
article 14, to the help of international bodies such as the Committee when
domestic remedies had been exhausted, members of the Committee asked whether
people in general were in fact aware of their rights, of the constitutional
guarantees that protected them, and of the remedies available to them if they
suffered discrimination. Concerning the ancestral peasant and indigenous
communities’ right of ownership to their lands, mentioned in the report, it was
asked to what extent those communities were actual participants in or
beneficiaries of programmes for the exploitation and development of natural
resources in those lands. Further information was also requested on the
customary courts authorized by the Constitution and on the relationship between
those special courts and the regular justice system. Members of the Committee
asked how the New Criminal Code was organized, and what arrangements there were
for persons who, because of their ethnic background, were unable to understand
the regular legal procedures.
186. As to article 6 of the Convention, members of the Committee recognized that

many remedies were available, but they wished to know to what extent they were
effectively used and how expensive it was for a person who had suffered
discrimination to take advantage of those remedies. Commending Peru’s
acceptance of the individual complaints procedure under article 14, they asked
whether some research could be carried out in order to ascertain the extent to
which people were aware of the recourse procedures available to them. More
information was also needed on the working of the court system and its expected
restructuring. Members of the Committee noted that it would have been
appreciated if some significant examples of complaints, prosecution and
-36-
convictions for acts of racial discrimination had been given. It was emphasized
that actual complaints were a measure of public confidence in the legal system
and that actual prosecutions and sentences were the yardstick whereby the
effective application of the Convention could be gauged. Where racial
discrimination was concerned, evidence of judicial intervention, including
repressive measures, had a symbolic and even pedagogic function in society at
large. On the contrary, there was a substantial body of evidence from sources,
including the Human Rights Committee, that much violence affecting peasant and
indigenous groups was being committed in Peru by the military, the paramilitary,
the police and armed Government-controlled groups, in a persistent pattern of
impunity.
187. Replying to the questions and comments of the Committee, the representative
of the State party said that Peru’s policy was one of integration, rather than
of assimilation or destruction of values, and aimed to preserve the values and
customs of local communities. That policy took due account of the benefits of
modern life, while taking care not to destroy indigenous culture, but to
maintain contacts between it and with the rest of the country. With regard to
the ethnic composition of the population, he said that questions concerning
ethnic or racial origin had not been included in the questionnaires used in the
1993 national census, since it was national policy not to emphasize racial
differences. He also informed members of the Committee that he would let them
have a copy of the official ethno-linguistic map of Peru, which had been drawn
up recently by the Instituto Indigenista Peruano, and that the results of the
national census would also be communicated to them immediately after the present
session. As for the results of the other two major censuses, which had been
respectively concerned with indigenous communities and the rural population, he
said that the Government of Peru would transmit them to the Committee as soon as
they were published.
188. In the area of education, the Government had launched an intercultural

bilingual education programme (1995-2005) directed at indigenous communities
throughout the country. Sixty bilingual teachers were being trained, and they
in turn would train 2,400 other teachers.
189. With regard to customary law, there were good reasons for protecting it,
since it was made up of usages having force of law which played an effective
regulatory role within the various groups in which it had originated. On the
other hand, the Penal Code took account of "errors of fact due to cultural
conditioning" to allow judges to pass less severe sentences than would normally
be incurred by individuals found guilty of particular offences who had acted in
accordance with the principles of their own culture.
190. With regard to the issue of the political representation of indigenous

people in the Parliament, he explained that it was neither required nor
prohibited under the Constitution. Ethnic representation in the Parliament and
in the Executive Branch took the most varied forms, as it did in the media, the
press and radio and in all the country’s activities.
191. With regard to the apparent conflict between the acknowledged property
rights of peasant communities over their own land and the rights of the State,
he said that article 69 of the Constitution, which stated that natural resources
belonged to the State and was the basis for the national policy of maintaining
biological diversity, was of a general nature. The autonomy of communities in
respect of their organization and the use and free disposal of their land was
subject to the general principles established by law.
-37-
192. Turning to the issue of bilingualism in the courts, he said that under the
terms of the new Constitution all accused persons were entitled to the services
of an interpreter.
193. With regard to the question of statistics on complaints of discrimination,

he noted that such complaints had for the last two years been entered on a
national register. Studies would be made of acts of racial discrimination and
the relevant conclusions would be included in the next report.
(a) Introduction
195. The Committee welcomes the submission by the State party of a detailed
report, prepared in accordance with the Committee’s revised guidelines for the
preparation of reports, and the resumption of the dialogue with the Government
of Peru nine years after the consideration by the Committee of the previous
report. The presence of a high-level delegation which provided additional
information on most of the points raised by members of the Committee enables the
Committee to obtain a better understanding of the efforts against racial
discrimination in Peru, thus providing the basis for a frank and fruitful
dialogue between the delegation and the Committee.
196. Measures recently adopted by the Government to improve the human rights
situation are welcomed, as is continuing attention to the needs of indigenous
communities. Satisfaction is expressed at the recent ratification by the State
party of ILO Convention No. 169 on Indigenous and Tribal Peoples in Independent
Countries. The Committee welcomes the additional information provided in the
oral introduction of the report. The Committee takes note and welcomes the
offer made by the Minister of Justice to provide the Committee with additional
information as soon as possible.
(c) Factors and difficulties affecting the implementation of the Convention
197. It is noted that, as a consequence of violence linked with terrorist

groups’ activities and drug-trafficking, the State party has serious
difficulties in the implementation of some provisions of the Convention.
Structural problems such as the economic consequences of foreign debt have to be
acknowledged.
198. It is regretted that the State party has failed, since the submission of
its seventh periodic report, to comply with its reporting obligations, so it has
not been possible for the Committee to monitor the effects of Peru’s fight
against racial discrimination. It is further regretted that the Government
failed to provide the Committee in its written report with accurate demographic
data on Peru and that it did not contain sufficient information on the factual
situation prevailing in Peru as far as protection against racial discrimination
is concerned.
-38-
199. Concern is expressed that the socio-economic conditions of certain ethnic
groups in Peru, particularly of indigenous communities living in rural areas and
of indigenous, as well as Peruvians of non-European origin in urban society,
remain disadvantageous compared to those of the white population in the urban
areas. It is further noted with concern that some effects of the economic and
social policy of the Government threaten the enjoyment of the social and
economic rights of persons belonging to indigenous communities. Furthermore,
the report fails to give a clear picture of the substance and implementation of
the "national integration policy" or of the way legal provisions protecting
"cultural identity" are implemented.
200. It is noted that articles 129 and 317 of the Criminal Code do not fully
meet the requirements of article 4 of the Convention. Concern is expressed
about the lack of information contained in the State party’s report on results
of measures adopted to give effect to articles 4, 5 and 6 of the Convention.
201. As regards implementation of article 6, concern is expressed at the number

of allegations of excessive use of violence committed in the past towards the
rural population (most of whom are of indigenous descent) by the army and
various armed groups as a reaction to terrorism. The role of military courts in
this respect needs further explanation and assessment. The Committee is
concerned whether impunity is not given too much weight in respect of the
prosecution of human rights violations by military and paramilitary groups.
Concern is also expressed regarding the adequacy of publicity given to the right
of individuals claiming to be victims of racial discrimination to appeal to the
Committee under article 14 of the Convention.
202. The Committee recommends that further efforts be undertaken by the

Government to put into practice the provisions of the Convention, as well as the
legislative, judicial and administrative measures referred to in the State
party’s report. The Committee also recommends that effective monitoring
mechanisms be introduced to assess progress achieved in the protection of the
rights of indigenous communities.
203. The Committee recommends that special efforts be made within the armed
forces to terminate any unlawful violence towards civilians, including persons
belonging to indigenous communities, and to secure that perpetrators of human
rights violations are brought to justice.
204. The Committee requests the Government of Peru to provide, in its next
report due on 30 October 1994, detailed information on the actual implementation
of articles 4, 5 and 6 of the Convention.
Bosnia and Herzegovina
205. The Committee considered the report of the Republic of Bosnia and
Herzegovina (CERD/C/247/Add.1) at its 1082nd and 1092nd meetings, held on 7 and
14 March 1995 (see CERD/C/SR.1082 and 1092).
206. At its 1082nd meeting the Committee proceeded in the absence of a

representative of the State party. Members drew attention to aspects of the
situation in Bosnia and Herzegovina, emphasizing the effects of the ongoing
conflict and the activities of international bodies.
-39-
207. Some members called for the lifting of the international arms embargo on
the export of arms to the State party, withdrawal of the United Nations
Protection Force and more forceful action by the Security Council. Such
suggestions elicited debate.
208. A delegation of the State party attended the 1092nd meeting of the
Committee. The State representative expressed regret for the late submission of
the report and the inability, by reason of war conditions, of representatives to
attend earlier meetings in which his country was discussed.
209. The representative drew attention to the establishment of the Federation of

Bosnia and Herzegovina and to the very strong human rights provisions contained
therein in its Constitution, including the provision incorporating the
Convention and other international instruments into the law of the Federation.
The representative also explained the envisioned roles for the ombudsmen and the
Human Rights Court. Support was expressed for the rule of law and for
international procedures such as the International Tribunal for the prosecution
of war crimes in the former Yugoslavia.
210. The representative described the terrible situation afflicting the country
owing to the aggression of secessionist and external forces, whereby the
Government was not in control of all its territory and was unable to halt
massive violations of human rights in these areas.
211. Members of the Committee expressed appreciation for the presence of a

high-level delegation from the State party and for the information provided both
orally and in the report. Understanding was expressed for the great
difficulties which the war and Sarajevo siege placed on the State party in
meeting its reporting obligations under the Convention.
212. A number of members requested further information on the legal structures

in the Constitutions of the Republic and the Federation which serve to protect
and vindicate human rights, such as the judicial system, including the proposed
Human Rights Court, and procedures for prosecution of crimes against humanity
whether domestically or before the International Tribunal. The representative
was also asked to indicate the extent to which ethnically motivated and other
such crimes were in the course of being investigated and prosecuted.
213. Concerning the ongoing war, members asked for information as to the
Government’s understanding of the long-term political ambitions of the
separatists and for its view on the effectiveness and utility of the United
Nations Protection Force. A member also asked for the views of the
representative as to whether the conflict was essentially ethnically or
politically based.
214. Members asked whether Bosnia and Herzegovina remained a pluralist State
which rejected ethnic discrimination or preferment. One member asked whether
non-Muslims were treated equally to Muslims. Further information was requested
on the influence of the mass media and whether they had contributed to the
promotion of ethnic hatred.
215. In replying to a range of questions posed, the representative of the State

party reiterated his country’s commitment to the rule of law and to the
importance of the principles of human rights. He stressed the culpability of
aggressors who were attempting to dismember his country. He and other members
of the delegation presented their analysis of attempts to create a "Greater
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Serbia".
216. The important role played by the United Nations Protection Force was
acknowledged, though representatives said that it was inadequate to meet the
needs which should be addressed.
(a) Introduction
218. The Committee on the Elimination of Racial Discrimination acknowledges the

report received from the Government of the Republic of Bosnia and Herzegovina
and is profoundly distressed about the violations of human rights and
international humanitarian law reported therein. The Committee appreciates the
presence of the representatives of the Government of the Republic of Bosnia and
Herzegovina and takes note with appreciation of the information provided orally.
(b) Principal subjects of concern
219. The Committee expresses its grave concern and condemns the massive, gross
and systematic human rights violations occurring in the territory of Bosnia and
Herzegovina, most of which are committed in connection with the systematic
policy of "ethnic cleansing" and genocidal acts in the areas under the control
of the self-proclaimed Bosnian Serb authorities. All these practices, which are
still occurring, constitute a grave violation of all the basic principles
underlying the International Convention on the Elimination of All Forms of
Racial Discrimination. The Committee urges the immediate reversal of ethnic
cleansing which must begin with the voluntary return of displaced people.
220. The Committee deeply regrets that no effective protection was afforded to
the population even in the Security Council-declared "safe areas".
221. It is deeply deplored that due to the control of parts of its territory by
secessionist forces with support from outside, the State party is not in a
position to exercise control over the whole of its territory and consequently
cannot ensure the application of the provisions of the Convention throughout the
State. It is noted that the secessionist forces are mainly responsible for
systematic violations of human rights in areas under their de facto control,
including rights ensured by the Convention, the principal victims of which are
those belonging to the Muslim community. The Committee, being aware of the
inherent right to self-defence of all States, as recognized in Article 51 of the
Charter of the United Nations, notes that the Government has been prevented from
protecting human rights throughout its territory.
222. The Committee is deeply concerned about the threat to the territorial
integrity of the Republic of Bosnia and Herzegovina posed by the design for a
"Greater Serbia".
(c) Suggestions and recommendations
223. The Committee reaffirms that persons responsible for massive, gross and
systematic human rights violations and also crimes against international
humanitarian law should be held responsible and prosecuted on the national or
-41-
the international level.
224. While mindful of the complexities of the resort to enforcement action, as

explained by the Secretary-General in the supplement to an Agenda for Peace
(A/50/60-S/1995/1), the Committee expresses the view that the continuing and
persistent violations of basic principles of international law and international
obligations deriving therefrom, including basic principles underlying the
International Convention on the Elimination of All Forms of Racial
Discrimination, calls for the application of enforcement measures by the
Security Council in connection with the situation in Bosnia and Herzegovina.
225. The Committee repeats its offer of technical assistance to the State party
in the form of a mission of one or more of its members for the purpose of
promoting the elimination of all forms of racial discrimination.
Federal Republic of Yugoslavia (Serbia and Montenegro)
226. The Committee, in concluding observations adopted at the forty-third

session, 6/ requested additional information from the Federal Republic of
Yugoslavia (Serbia and Montenegro) concerning measures taken to give effect to
the provisions of the Convention. The Committee considered the additional
information, contained in document CERD/C/248/Add.1, at its 1094th meeting, held
on 15 March 1995 (see CERD/C/SR.1094).
227. Consideration of the additional information proceeded in the absence of a

representative of the State party. In that regard, the Committee had before it
copies of an exchange of correspondence between the Ambassador of the Federal
Republic of Yugoslavia and the Chairman of the Committee. The text of those
communications reads as follows:
Letter dated 15 February 1995 from the Chargé d’affaires

a.i. of the Permanent Mission of the Federal Republic of
Yugoslavia to the United Nations Office at Geneva to the
Chairman of the Committee on the Elimination of Racial
Discrimination
With reference to the United Nations Secretary-General’s note

No. G/SO 237/2 (2) of 26 October 1994, and the invitation extended to the
Government of the Federal Republic of Yugoslavia on 4 November 1994, for
sending its representatives to a meeting of the Committee on the
Elimination of Racial Discrimination, may I transmit herewith the following
position of the Government of the Federal Republic of Yugoslavia:
The Government of the Federal Republic of Yugoslavia pointed out on

several occasions its position that, being the continuation of the
international, legal and political personality of the former Socialist
Federal Republic of Yugoslavia, it would strictly abide by all the
commitments the Socialist Federal Republic of Yugoslavia had undertaken by
acceding to international-legal instruments, which includes the obligations
deriving from its membership in the International Convention on the
Elimination of All Forms of Racial Discrimination.
With regard to the fact that the delegation of the Federal Republic of
Yugoslavia was unlawfully denied the right to participate in the work of
the latest meeting of the States parties to the International Convention on
-42-
the Elimination of All Forms of Racial Discrimination, whereby the basic
rights of the Federal Republic of Yugoslavia deriving from its membership
in the Convention have been violated, the Government of the Federal
Republic of Yugoslavia is of the view that the position of inequality, in
which it is being placed by this act, makes its normal and usual
cooperation with the Committee on the Elimination of Racial Discrimination
impossible.
Taking into account that, regrettably, in the meantime after our

latest communication (No. 56/1 of 26 January 1995), nothing has been
changed in the position held towards the Federal Republic of Yugoslavia,
that is, it is not yet considered as a full member to the Convention, the
Government of the Federal Republic of Yugoslavia is keeping its position
and it will not participate at the above-mentioned Committee meeting.
The Government of the Federal Republic of Yugoslavia is expecting that

the Federal Republic of Yugoslavia will be allowed to participate on the
footing of equality at the next Conference of the States parties to the
Discrimination and that usual cooperation with the Committee on the
Elimination of Racial Discrimination will be resumed afterwards.
The Government of the Federal Republic of Yugoslavia wishes to

reiterate once again its sincere interest in the equitable dialogue with
the Committee on the Elimination of Racial Discrimination, which is of
mutual interest.
(Signed) Vladimir Pavicevic

Ambassador
Letter dated 6 March 1995 from the Chairman of the

Committee on the Elimination of Racial Discrimination
to the Chargé d’affaires a.i. of the Permanent Mission
of the Federal Republic of Yugoslavia to the United
Nations Office at Geneva
I refer to your letter of 15 February 1995 which transmits the

position of your Government on the invitation extended to it to participate
in the consideration by the Committee on the Elimination of Racial
Discrimination of the additional information supplied by your Government
pursuant to a request of the Committee.
May I convey to you the great regret of the Committee concerning the
decision of your Government not to send a delegation to meet with it during
its current session. While the absence of a delegation does not preclude
consideration of the information which has been supplied, it does, however,
greatly hinder the process of dialogue. The Committee considers that the
continuation of the dialogue with your Government will contribute to the
implementation of the Convention.
Note has been taken of the reasons presented by your Government as

underlying its position. In this regard the Committee would like to
restate its view that it has always considered that the Federal Republic of
Yugoslavia (Serbia and Montenegro) is duty-bound as a State party to the
-43-
Discrimination and that the Committee, in its actions, will continue to
proceed on the basis of this understanding.
It is the hope of the Committee that your Government will reconsider

its decision in sufficient time to allow for a dialogue to occur during the
present session.
(Signed) Ivan Garvalov
228. Members welcomed the submission of the additional information while

deploring the unwillingness of the State party to send a representative to
participate in the Committee’s deliberations. Members also drew attention to
and stressed the importance of the findings of fact contained in the reports of
the Special Rapporteur of the Commission on Human Rights on the situation of
human rights in the territory of the former Yugoslavia, Mr. T. Mazowiecki. A
number of members condemned the apparent unwillingness of the State party to
take seriously its international obligations concerning human rights or to
cooperate with various international procedures which are intended to promote
respect for the rights of all peoples and especially vulnerable minority groups.
229. With regard to articles 2 and 5 of the Convention attention was drawn to
reports of patterns of discrimination perpetrated by the State party against a
number of minority groups, including people of Albanian origin in the Kosovo
region, people of the Muslim faith in Sandjak and those of Bulgarian origin in
certain areas of Serbia. Among the discriminatory practices cited were police
harassment, deprivation of education rights, mass dismissals from employment and
restrictions on freedom of expression. It was also noted that the Government
persisted in refusing to assist United Nations initiatives to trace disappeared
persons or to cooperate with the International Tribunal since 1991.
230. The role of the communications media in promoting ethnic and religious
hatred was stressed by members and attention was drawn in that regard to the
findings of the Special Rapporteur, which clearly indicate systematic and grave
violations of article 4 of the Convention.
231. Members expressed concern about apparent violations of article 6 arising

from reports that members of minority groups were unable to obtain adequate
redress for violations of their human rights perpetrated by government
authorities or by private citizens in circumstances where the government
authorities failed to take preventive action.
232. Members referred to the good offices mission of the Committee which had
visited Kosovo in 1993 and some expressed the view that a further mission might
serve to promote respect for the Convention in that region. In general members
indicated their wish to give the fullest possible appropriate support to the
Albanian minority in that region.
(a) Introduction
234. The submission of a detailed document containing the additional information

requested from the State party is welcomed. However, the Committee deplores the
-44-
unwillingness of the State party to send a representative to participate in the
consideration by the Committee of the information before it. The Committee
notes the disparity between the intentions stated by the State party in its
additional information concerning cooperation with the Committee and its
unwillingness to participate at the meeting.
235. The important role played by the Special Rapporteur of the Commission for
Human Rights for the former Yugoslavia is acknowledged and his findings of fact
are endorsed.
(b) Factors and difficulties in implementing the Convention
236. It is recognized that the State party is experiencing considerable economic

difficulties which have a negative impact on the enjoyment of human rights
including those protected by the Convention. It is also acknowledged that the
country faces severe challenges in meeting the needs of the large number of
refugees within its territory.
237. Great concern is expressed regarding the situation of the ethnic Albanian
population of Kosovo. Reports continue to be received of campaigns of
discrimination, harassment and, at times, terrorization, directed against them
by State authorities. Dismissals from jobs in the public sector, principally
from the police and education services, continue. Numerous reports have been
received of physical attacks and robbery either committed by persons in the
service of the State or inadequately investigated by the police. It can be
concluded that the ethnic Albanians of Kosovo continue to be deprived of
effective enjoyment of the most basic human rights provided in the Convention.
238. Concern is expressed regarding ethnic discrimination against other groups

including the Muslim community of Sandjak and the Bulgarian community in Serbia.
Note is taken of recent acts of discrimination perpetrated against these groups
and of the failure of the State party to bring such actions to an end or to have
them investigated and prosecuted.
239. Note is taken with profound concern of the large part which the media
continue to play in the propagation of racial and ethnic hatred. Given the very
tight State control over the media this propagation of hatred may be attributed
to the State. It is further noted that the State party fails to take adequate
action to either prosecute perpetrators of such acts or to attempt to redress
injustices. It also fails to take action to counter the propagation of
prejudice against non-Serbians through education of the population in tolerance.
240. The failure of the State party to cooperate with the special process on
disappearances of the Commission on Human Rights is deplored. It is noted that
without this cooperation no progress can be made in establishing the fate of
large numbers of Croats, Bosnian Muslims and others who have disappeared.
241. The unwillingness of the State party to recognize the jurisdiction of the
International Tribunal for the former Yugoslavia is also deplored and extreme
concern is expressed with regard to the apparent policy of the Government to
purport to bestow impunity on perpetrators of fundamental violations of
international human rights and humanitarian law.
-45-
242. The Committee draws attention to the letter dated 6 March 1995 from its
Chairman to the State party and reiterates its contents. The Committee will
continue to consider the Federal Republic of Yugoslavia (Serbia and Montenegro)
to be bound by the terms of the Convention and looks forward to an early
resumption of contact with the State party including its good-offices mission to
Kosovo.
243. The Committee calls on the State party to cease immediately all policies
and practices which violate rights under the Convention. It insists that
victims of discrimination, including ethnic Albanians, Muslims and ethnic
Bulgarians, receive redress and reparation in accordance with article 6 of the
Convention.
244. The Committee recommends the immediate drafting and implementation of

legislation with a view towards the outlawing of every manifestation of racial
discrimination and the full implementation of the Convention. Particular
attention should be paid to the legal regulation of matters such as the media
and freedom of expression, employment and trade unions, the education system,
and the health-care system. The Committee places itself at the disposal of the
State party to make available to it any technical assistance it may require to
carry out such legislative programmes.
245. The Committee insists that all perpetrators of violations of the Convention
be brought to justice. It further calls on the State party to cooperate fully
with the International Tribunal for the former Yugoslavia.
246. The Committee urgently suggests that the State party reconsider its failure
to cooperate with the Special Rapporteur of the Commission on Human Rights and
the special process on disappearances. It notes the important role played by
both these mechanisms in promoting compliance with the terms of the Convention.
Romania
247. The ninth, tenth and eleventh periodic reports of Romania, submitted in one
document (CERD/C/210/Add.4), were considered by the Committee at its 1090th and
1091st meetings, held on 13 March 1995 (see CERD/C/SR.1090-1091).
248. The reports were presented by representatives of the State party, who
emphasized the importance attached to the Convention by the Government of
Romania. They explained that the Constitution calls for the creation of a
people’s advocate, who will be responsible also for the protection of the rights
of persons belonging to minorities.
249. Regarding the diffusion of messages promoting discrimination, the

representatives explained that Act 41 of 17 June 1994, which governs the
Romanian Society for Radiodiffusion and the Romanian Society of Television,
prohibits the use of radio and television to, inter alia, defame the nation,
incite wars of aggression or promote racial, class-based or religious hatred or
discrimination. They maintained that the conflicts in Romania were
inter-community rather than ethnic in character.
250. Members of the Committee expressed appreciation for the high level of
representation and for the quality of the report, which adhered to its
guidelines. They underscored the importance of the many changes that had taken
place in the State party in recent years, particularly that it had become a
democratic nation that guaranteed its minorities the right to conserve, develop
-46-
and express their ethnic, cultural, linguistic and religious identities. It was
noted that the Government attached primary importance to its obligations under
the international human rights treaties to which it was a State party, including
the International Convention on the Elimination of All Forms of Racial
Discrimination.
251. Members also noted that the Gypsy and Hungarian minorities were subject to
serious de facto discrimination. They asked what were the results of the
inquiries into the events in Tîrgu-Mures in March 1990 between the Romanians and
Hungarians, which had not been completed at the time of the drafting of the
report. They asked whether the persons arrested and prosecuted in connection
with the incidents were mostly Gypsy or Hungarian.
252. Members welcomed the participation of minorities in the parliamentary

elections of September 1992 and asked what proportion of the Parliament was
constituted by the 39 elected deputies from the Hungarian minority organization.
253. Members further took note of the Government’s own acknowledgement in the
reports that the situation in certain regions was not satisfactory, particularly
with respect to small minorities. A number of members requested clarification
as to the difference between "ethnic" and "inter-community" tensions. Members
wished to know what other concrete measures were being taken by the Government
to effectively prohibit incitement of racial discrimination and hatred. They
further expressed regret at the lack of information on the complaints registered
and prosecutions pursued due to acts of racism and requested detailed
information on this matter in the next periodic report.
254. Members asked whether the Government was considering making the declaration
under article 14 of the Convention, according to which individuals could present
communications regarding human rights violations before the Committee, or
withdrawing its reservations to articles 17, 18 and 22. Members inquired
whether the Government was planning to adopt a law on minorities.
255. Members also inquired about a reported agreement between the Governments of
Germany and Romania whereby groups of Gypsies would be transferred from the
former to the latter nation. They asked what were the specific provisions of
the agreement and whether it was true that Romania was accepting money in return
for accepting the Gypsies.
256. The representative of Romania thanked the members of the Committee for
their interest and understanding of the situation in Romania and stressed that
the views of the Committee were highly valued in Romania for shedding new
perspectives on the domestic situation. He questioned whether the expression
"multiracial" was apposite as a description of Romania since over 89 per cent of
the population was Romanian; the second largest group, the Hungarians, accounted
for a further 7 per cent. To call the country "multiracial" was to question the
concept of Romania as a single, unitary nation. In response to a question about
the positions taken by certain Romanian political parties, it was explained that
the Hungarian Democratic Union of Romania had opposed the 1991 Constitution
because it disputed the declaration contained therein that Romania was a
national State which was unitary and indivisible. In early 1995, the Hungarian
Democratic Union of Romania called for territorial autonomy on an ethnic basis
in certain areas. There were a number of other parties, however, that did not
demand territorial autonomy but rather were devoted to the promotion of economic
development and the protection of human rights and opposed racist,
anti-Romanian, anti-Semitic, Fascist and neo-Nazi views.
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257. The representatives acknowledged that confusion had been created by the
preparation of a new Penal Code. The Penal Code currently in force dated from
1968; its anti-democratic provisions were to be corrected. The provisions of
international treaties were incorporated into Romanian law; they ranked below
the Constitution but took precedence over domestic law. For most purposes,
aliens and stateless residents enjoyed the same rights as Romanians, except for
certain political and property ownership rights.
258. On the agreement between Romania and Germany, the representatives

acknowledged that an agreement had been made between the two countries. He
stated, however, that it involved the repatriation of undocumented persons
living in each party and was not specifically targeted at any ethnic group. The
transfer of DM 31 million called for in the agreement was to facilitate the
professional and social reintegration of persons repatriated to Romania under
the agreement.
259. The representatives also discussed the establishment in April 1993 of the
Council for National Minorities, consisting of representatives of all national
minorities and representatives of 12 government ministries. Each minority had
the right to vote and the right to veto any Council action contrary to its
interests, while the representatives of the Government had one vote each and
could only veto decisions contrary to the law. On the possibility of adopting a
law on national minorities, the representatives explained that a bill proposed
by the Hungarian minority was before the Parliament and that a national
minorities bill was under consideration by the Government. The representatives
explained that the Constitution guaranteed the right of national minorities to
be represented in Parliament and locally, and mentioned that many actually have
been elected at both levels. Members of national minority groups also served in
the government administration.
260. Regarding the possibility of discrimination in employment, the

representatives stated that such discrimination was prohibited in the
Constitution, in the law on individual labour contracts and in ILO Convention
No. 100 (Equal Remuneration Convention), to which Romania was a State party.
While most unemployed persons were Romanian nationals in areas predominantly
Romanian, the complete eradication of discriminatory treatment in employment
depended on the resolution of social, economic and political problems. The
representatives assured the Committee that the issue of employment would be
dealt with more thoroughly in the next report.
261. Members of the Committee, while expressing deep appreciation for the
detailed answers provided by the representatives of the Government, also
expressed regret that the representatives had not addressed the question posed
by several members as to what measures were being taken by the Government to end
incitement of racial discrimination and hatred. It was unclear whether
legislation in fulfilment of obligations under article 4 was effectively
implemented.
(a) Introduction
263. The Committee welcomes the report of the State party, which was drafted in
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general accordance with the Committee’s guidelines for the presentation of State
party reports, and the additional material and oral information provided by the
delegation.
264. The Committee expresses regret, however, that some additional answers
provided did not fully address many of the questions posed by the Committee
during the consideration of the report. In particular, the information given
only orally on the agreement between Romania and Germany on the transfer of
Sinti and Roma is insufficient. In this regard, the Committee invites the
Government to submit in its next report information on the points raised in the
present concluding observations and on any remaining questions posed during the
consideration of the present report. Given the short time remaining until the
next report is due in October 1995, the Committee considers that that report
should be a brief but complete update of the situation surrounding the rights
protected in the Convention and that the following report, to be submitted in
October 1997, should comprehensively address the situation regarding all of the
articles contained therein.
265. The Committee expresses appreciation for the invitation extended by the
delegation to visit Romania and to undertake direct consultations on the human
rights situation with the competent authorities.
(b) Factors and difficulties impeding the application of the Convention
266. With Romania’s history of authoritarian rule, which has severely impeded
the enjoyment of many human rights in the State party, it is understood that the
establishment and practical application of a new democratic and
non-discriminatory political, economic and social framework is a difficult and
time-consuming process.
(c) Positive aspects
267. Romania has also made progress in dismantling or revising the legal
framework established during the period of authoritarian rule, particularly the
Penal Code; it encourages democracy and openness in Romanian society and brings
the legal codes closer in line with international human rights instruments,
including the International Convention on the Elimination of All Forms of Racial
Discrimination. The establishment of national human rights institutions is also
noted, including the Council for National Minorities, the Centre for European
Studies of Ethnic Problems, the Romanian Human Rights Institute, and the office
of an Ombudsman to be exclusively concerned with the defence of human rights and
freedoms. It is noted that these actions conform with General Recommendation
XVII on the establishment of national human rights institutions.
268. Regarding the Government’s new policy directions regarding minorities, note
is taken of the Government’s intention to preserve the ethnic, linguistic,
cultural and religious identity of minorities and to protect them against
attempts at forced assimilation, exclusion or segregation, as expressed in the
Declaration on National Minorities of 20 November 1991. The increasing
political participation of minority groups in Romania, both at the national and
local levels, is noted.
269. Satisfaction is expressed with the Government’s efforts to raise awareness

of international human rights standards through civic instruction in the schools
and through human rights training programmes initiated in cooperation with
international human rights organizations, including the United Nations Centre
-49-
for Human Rights. The legal provisions that prohibit speech which encourages
racism or incites violence are also believed to be constructive.
270. Concern is expressed as to the continued prevalence of xenophobic attitudes

and traditional prejudices in Romanian society against certain minorities,
manifested in the appearance of extremist political parties and increasing acts
of violence.
271. Concern is also expressed about the concept of the nation-State since it
may result in weakening the policy of protecting minorities and could aggravate
the relations between communities.
272. While it is noted that Romania’s new legal framework prohibits

manifestations of racism, including acts of violence, the propagation of racist
speech, and discriminatory employment practices, the extent to which measures
are being taken by the Government to translate the legal prohibition of such
acts into effective prohibition is unclear. Once such acts occur, it is not
evident what remedies are available to victims and whether and how it is ensured
that the guilty parties are prosecuted in an adequate and timely manner. It is
noted in this connection that with regard to the violence on 20 September 1993
which resulted in the death of three members of the Roma and the destruction of
the homes of 170 others, victims have yet to receive compensation or have their
homes reconstructed.
273. Concern is expressed at the continuing reports of racism among police

forces, which have been said to occasionally use excessive force against members
of certain groups or, alternatively, are said not to take action when acts of
violence against certain groups are committed in their presence.
274. The Committee recommends that the Government include in its next report
information regarding the legal force of the Convention in Romania, especially
enforcement of article 4, whether it may be directly invoked by victims of
racism, and whether any such cases have been tried before the courts (and if so,
what was the outcome of those cases). If codification into Romanian law is
required before the Convention may be directly invoked, information is requested
regarding the status of codification of the Convention. Information on the
legal force of the Declaration on National Minorities of 20 November 1991 is
also requested.
275. The Committee recommends that further information on the Law on Minorities
be provided in the next report. It should contain the legal definition of
"minorities", information on each of the ethnic groups listed in the present
report (para. 16), and whether any special programmes are being implemented or
are envisioned to improve the situation of the minorities identified,
particularly the most vulnerable groups. The Committee further recommends that
the Government systematically collect data on foreigners residing in Romania and
take steps to ensure that they are not subjected to harassment or other acts of
racism and xenophobia.
276. The Committee invites the Government to provide in its next report
information regarding the agreement signed with Germany on the repatriation of
Sinti and Roma, specifically as to how many persons are affected, which ethnic
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groups they belong to, and what measures are being taken to facilitate their
reintegration into the repatriated country.
277. The Committee recommends that the Government engage in a public campaign,
conducted through the media, the schools and other means at the disposal of the
Government, to familiarize the public with the Convention, to attempt to change
traditional prejudices against minorities, and to convey messages of tolerance.
In this regard, the Government should continue to provide instruction on
international human rights standards and norms in the schools and organize
periodic training programmes for persons engaged in the administration of
justice, including judges, police officers and lawyers.
278. The Committee recommends that the Government review and improve the
training of law enforcement officials in the light of the Committee’s general
recommendation XIII.
Guatemala
279. The second, third, fourth, fifth and sixth periodic reports of Guatemala,
combined in a single document (CERD/C/256/Add.1), were considered by the
Committee at its 1092nd and 1093rd meetings, on 14 March 1995 (see
CERD/C/SR.1092-1093).
280. The reports were introduced by the representative of the State party who
affirmed the importance accorded to the work of the Committee by his Government
and the commitment of Guatemala to respect and promote the human rights of all
its people. Introductory comments were also made emphasizing key moments in the
development of the country and noting ongoing concerns with regard to Belize.
281. It was explained that the population of Guatemala is primarily made up of

indigenous peoples and that some 23 languages and dialects are spoken. He
emphasized that State policy stresses respect for the racial and cultural
diversity of the people and described the functions of the newly established
Fondo Nacional Indigena. Certain structural weaknesses restrict the
Government’s ability to adequately promote the well-being of its people in areas
such as health and education. Particular problems are imposed by a history of
political instability and ongoing armed conflict. Strenuous efforts are now
being made to conclude peace settlements and among the accords which have been
agreed are those according a mediation role to the Secretary-General of the
United Nations and the establishment of the United Nations mission in Guatemala.
282. The representative stated that the Government’s attempts to introduce

economic reform have been hindered by the strategies of international financial
institutions.
283. Members of the Committee welcomed measures taken with the aim of achieving
a durable peace and ensuring the democratic process. They also noted that, in
accordance with the Constitution, all human rights instruments ratified or
acceded to by Guatemala, including the International Convention on the
Elimination of All Forms of Racial Discrimination, have been given precedence
over national legislation and can be directly invoked before the courts.
284. Concerning article 2 of the Convention members asked a number of questions

concerning the extent to which the Government in its laws and policies actively
combated racial discrimination, especially as directed against the majority
indigenous peoples. They noted that central to such a policy would be efforts
-51-
to alleviate the economic disadvantages of those people. Questions were also
asked as to the effect of the armed combat on the struggle against racial
discrimination. Some members of the Committee asked about the generalized use
of forcible recruitment of indigenous persons for military service, and about
serious violations against the indigenous population by the army, which included
summary executions and other cruel and degrading treatment. In addition, some
members asked about the situation of indigenous persons who were refugees who
had returned, about communities which resisted and about "lost communities".
Members inquired as to the role of the army in police work and the activities of
civilian self-defence patrols (PAC). Members asked about the status of the new
Penal Code and the extent of independence enjoyed by magistrates.
285. Members asked whether the Convention was at present citable in national
courts or still awaited appropriate legislation. They also sought clarification
of article 45 of the Constitution concerning criminal liability for human rights
violations. Queries were expressed concerning the effectiveness of criminal
legislation in combating racial discrimination.
286. Members indicated that Guatemalan law failed to comply with the terms of
article 4 of the Convention through a failure to specifically address issues of
287. With reference to article 5 members inquired as to the socio-economic

status of indigenous peoples vis-à-vis other members of society. In the light
of reports received by members it was also asked whether the rights of
indigenous people to own property were adequately protected. Concerns were
expressed about the difficulties experienced by indigenous peoples in obtaining
justice before the courts and in fully participating in the public life of the
country. Further information was requested concerning membership by indigenous
peoples in development councils. Questions were also put concerning the
enjoyment by indigenous peoples and certain ethnic groups of freedom of
religion, access to education, freedom of expression in the electronic media,
and the right to form trade unions.
288. With regard to article 6 of the Convention members asked for confirmation
that the army had compensated farmers for damage done to crops during military
activity. Information was also requested as to the number of specific cases of
racial discrimination which had been brought before the courts and as to the
effectiveness in such cases of remedies such as habeas corpus.
289. Pursuant to the terms of article 7 members inquired about the extent of
human rights training provided for police and security officials. Details were
also requested on the efforts made by the Government to promote widespread
knowledge of the Convention.
290. Members suggested that Guatemala consider making the declaration under
article 14 of the Convention and consider accepting the amendment to article 18,
paragraph 6, of the Convention concerning the financing of the expenses of the
members of the Committee.
291. In replying to questions of members, the representative of the State party

acknowledged the inadequacies of the report and indicated that his Government
would submit an extended report in time for consideration at the forty-seventh
session of the Committee. It would also address outstanding matters in its next
periodic report due in February 1996. To facilitate the preparation of these
reports the representative extended an invitation on behalf of the Government
-52-
for the country rapporteur of the Committee to visit Guatemala.
292. The representative clarified a number of ambiguities in the report and

stated that information of an ethnic nature might be sought in future national
censuses in order to assist the State in complying with its reporting
obligations.
293. It was noted that a number of positive developments in the country had not
been reflected in the report, such as laws to give effect to article 70 of the
Constitution and the establishment of the Guatemalan Indigenous Development
Fund.
294. The representative acknowledged that there had been problems with PACs but
indicated that great efforts were being made to have them disarmed and
transformed into peace and development committees. Improvements in the police
force were noted as were presidential initiatives to turn the army into a
volunteer force with adult soldiers only.
295. Governmental policies to facilitate the return of refugees and displaced

people were described and the representative undertook to provide further
information on such matters as the extent of compensation given to farmers whose
crops had been destroyed by the army during military activity.
296. Reforms in the judicial system were noted and the representative indicated
the priority given by the Government to ensuring the independence of the
judiciary and the personal safety of judges and magistrates.
297. The representative also drew attention to policies for the alleviation of
poverty and the provision of essential social services (housing, medical care,
education, etc.) and indicated the high priority accorded these issues by the
Government. He noted that the procedure for ratification of ILO Convention
No. 169 was under way in the Guatemalan Congress.
(a) Introduction
299. The Committee welcomes the resumption of the dialogue with the Government
of Guatemala and expresses its appreciation to the State party for its detailed
report and for having submitted a core document (HRI/CORE/1/Add.47). It notes
with satisfaction that the oral information provided by the delegation in
introducing the report and replying to questions raised during the dialogue
enabled the Committee to obtain a clearer picture of the situation in the State
party. Nevertheless, the Committee regrets that the report does not provide
information on the implementation of the Convention, as requested in article 9,
paragraph 1, of the Convention. In this connection, it takes note of the
statement by the delegation indicating a willingness to pursue the dialogue with
the Committee in the near future and provide it with further information on
measures taken to implement the Convention.
(b) Positive factors
300. Measures taken with the aim of achieving a durable peace and ensuring the
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democratic process started in 1985 are welcomed. It is further noted that, in
accordance with the Constitution, all human rights instruments ratified or
acceded to by Guatemala, including the International Convention on the
Elimination of All Forms of Racial Discrimination, have been given precedence
over national legislation and can be invoked directly before the courts.
301. Steps taken by the military authorities to bring military personnel

involved in crimes before the courts, and efforts to reduce the number of and
review the need for PACs are acknowledged.
302. The creation of 3,000 teaching posts in 1994, including 800 in bilingual
education, is also a welcome development.
(c) Factors and difficulties impeding the application of the Convention
303. It is noted with deep concern that because of the armed conflict there
still exists in Guatemalan society a significant degree of militarization which
contributes consequentially to the phenomenon whereby members of the armed
forces have committed excesses against the civilian population in general and
members of indigenous communities in particular.
304. The statement in paragraph 87 of the report that no form of racial

discrimination is practised against persons, groups of persons or institutions
is not accepted. De facto racial discrimination persists in Guatemala against
the indigenous communities representing the majority of the Guatemalan people.
It is noted with concern that no legal protection is offered in practice against
such discrimination.
305. Profound concern is expressed regarding widespread discrimination affecting

the indigenous communities and excluding them from the enjoyment of their civil,
political, economic, social and cultural rights. It is regretted that adequate
measures have not been taken to implement the provisions of the Convention. It
is particularly regretted that members of the indigenous communities, contrary
to article 5 (c) of the Convention, are not in any position to participate
equally in the conduct of public affairs at all levels.
306. It is regretted that national legislation does not meet the requirements
of article 4 of the Convention calling for the adoption of specific penal
legislation.
307. Concern is expressed at the numerous excesses by elements of the military

and the PACs against indigenous peoples, including summary executions and other
cruel, inhuman or degrading treatment, threats and forcible recruitment into the
armed forces.
308. The failure to investigate these crimes and to prosecute the perpetrators
is particularly deplored.
309. The lack of awareness of members of indigenous communities about recourse

procedures, the shortage of practical facilities for them to use their own
language in court procedures and the weaknesses of the judicial system are also
regretted as is the resulting relative impunity for perpetrators of such
violations.
-54-
310. Concern is also expressed that conditions of extreme poverty and social
exclusion are endured, in particular by the indigenous Maya Quiche population.
Such conditions adversely affect the enjoyment of the rights guaranteed under
article 5 of the Convention such as the right to own property, the right to
work, the right to form and join trade unions, and the right to housing, public
health and education.
311. Particular concern is expressed that the rate of illiteracy is especially

high among indigenous communities.
312. The Committee requests that the next report of the State party contain
detailed information on the implementation of the provisions of the Convention.
313. The Committee also recommends that practical measures be taken by the
Government to implement the Convention, in particular in respect of the members
of indigenous communities. Every effort should be made to ensure that the
members of indigenous communities can effectively enjoy their economic, social,
cultural, civil and political rights in accordance with article 5 of the
Convention.
314. The Committee emphasizes that the State party must comply with its
obligations under article 4 of the Convention and necessary legislative measures
should be taken in order to give effect to the provisions of that article.
315. The Committee recommends that more information be provided in the next
periodic report on the implementation of the provisions of article 5 of the
Convention. The State party is requested to provide detailed information on
measures taken to ensure the political, social and economic integration of the
indigenous communities, as well as their physical existence and cultural
heritage; efforts to reduce the militarization of the society and the impact of
the PACs; cases of complaints of racial discrimination brought before the
courts, penalties imposed on perpetrators of such acts of racial discrimination
and remedies and reparation made available to victims of racial discrimination.
316. The Committee calls upon the Government to review and improve the training
of law enforcement officials in the light of the Committee’s General
Recommendation XIII.
317. The Committee recommends that the State party consider ratifying ILO
Convention No. 169 concerning Indigenous and Tribal Peoples in Independent
Countries.
318. The Committee suggests that the State party consider making the declaration
under article 14, paragraph 1, of the Convention, recognizing the competence of
the Committee to receive and consider communications from individuals or groups
of individuals within its jurisdiction claiming to be victims of a violation of
any of the rights set forth in the Convention.
319. The Committee suggests that the State party ensure the dissemination of its
periodic report, the summary records of the discussion and the concluding
observations adopted thereon.
(f) Other measures
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320. The Committee takes note with satisfaction of the proposal of the State
party to submit additional information at the forty-seventh session in
August 1995, and also of the decision to submit a new periodic report in
February 1996, and expects that these proposals will be fulfilled. The
Committee further takes note with appreciation of the official invitation to
send one of its members to Guatemala with a view to assisting the State party in
its implementation of the Convention.
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Belarus
321. The eleventh, twelfth and thirteenth periodic reports of Belarus, submitted
in one document (CERD/C/263/Add.4), were considered by the Committee at its
1101st and 1102nd meetings, on 1 August 1995 (see CERD/C/SR.1101-1102).
322. The report was introduced by the representative of the State party, who
highlighted the principal points of the report, drawing the attention of the
Committee to the new legislative acts adopted during the past few years with due
regard paid to the provisions of the International Convention on the Elimination
of All Forms of Racial Discrimination. Particular reference was made to the
relevant parts of the Constitution, to the Act on National Minorities in the
Republic of Belarus, the Bishkek Agreement, article 71 of the Criminal Code,
article 6 (1) of the Code of Labour Laws, the Act on Trade Unions, the National
Housing Programme and acts relating to the right to education, culture and
access to information. The representative of the State party indicated that
during the reporting period - from 1988 to 1 July 1995 - no criminal proceedings
had been recorded regarding allegations of racial discrimination.
323. Members of the Committee welcomed the resumption of dialogue with the State
party and observed that the country’s transition to democracy and a multi-party
system was proceeding without serious ethnic tension or strife of the kind that
had developed in most other former republics of the Soviet Union, for which the
country deserved credit. Having noted that political and economic transition
inevitably entailed a certain incoherence in a country’s internal situation and
policies, they felt able to commend the report submitted by Belarus even though
it was not fully in compliance with the Convention.
324. It was of particular concern to the members of the Committee that the
report lacked information on the demographic composition of Belarusian society.
325. In relation to article 2 of the Convention, members indicated that although

the report contained many references to various legislative acts, there was
little information on the content of those acts and no information on the extent
to which they had been implemented, especially as far as the Act on National
Minorities in the Republic of Belarus was concerned. In addition, they noted
that the report’s coverage of the legal situation was far more detailed than the
factual information provided on national or ethnic minorities.
326. The members of the Committee recommended that Belarus consider withdrawing
its reservation to the Convention since this reflected the tensions of an
earlier age.
327. With respect to article 4 of the Convention, members of the Committee

indicated that legislation so far adopted, and in particular article 71 of the
Criminal Code, appeared to be consistent with the provisions contained in
subparagraph (a) of that article, but not with those contained in
subparagraph (b). The report gave no indication of how or whether steps had
been taken to prevent public authorities or institutions from promoting or
inciting racial discrimination, or whether public officials received training to
ensure that they did not encourage discrimination by word or deed.
328. In connection with article 5 of the Convention, members of the Committee,

having noted that the report under consideration provided less information than
the tenth periodic reports, wished to know whether national minorities were
represented in the Supreme Council and local government and administration;
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whether it was possible to form political parties or other organizations in
Belarus on the basis of ethnicity; and, given the large number of minorities in
Belarus, whether any action had been taken to encourage integrationist
multiracial organizations and movements to bring the minorities together and
make them feel they were all part of one people.

regretted the lack of sufficient information with respect to its implementation.
They noted that no cases of criminal proceedings for offences under article 71
of the Criminal Code had been recorded so far. Members recalled in that
connection that the Committee on earlier occasions had remarked that the absence
of such cases might stem from a lack of information on the part of the
population regarding their rights and the remedies open to them, or from
insufficient attention by the judicial authorities to that type of offence.

welcomed the attention being given in schools to the purposes and principles of
the Charter of the United Nations, the Universal Declaration of Human Rights and
the International Convention on the Elimination of All Forms of Racial
Discrimination. At the same time, they wished to have more information on
measures taken by the Government to provide training for teachers, magistrates
and police officers in order to sensitize them to the nature of racial
discrimination.
331. With respect to article 8 of the Convention, members asked whether Belarus
would consider ratifying the amendments to provisions on the financing of the
Committee (art. 8, para. 6).
332. In relation to article 9 of the Convention, members of the Committee

emphasized that compliance with its paragraph 1, regarding the regular
submission of reports, was of the greatest importance.
333. In connection with article 14 of the Convention, members of the Committee,

noting that Belarus was a State party to the Optional Protocol to the
International Covenant on Civil and Political Rights, wished to know whether
Belarus would consider making the declaration recognizing the competence of the
Committee to receive and consider communications from individuals or groups of
individuals claiming to be victims of a violation by the State party of any of
the rights set forth in the Convention.
334. Replying to questions and comments by members of the Committee, the

representative of the State party said that the situation covered by the report
was constantly evolving, so that it was more concerned with general trends.
Because of that difficult situation of transition, the requisite statistics were
not available.
335. As to the demographic composition of the population, the representative

said that according to the 1994 census, there were 10.4 million inhabitants.
The ethnic groups were divided as follows: Belarusians, 78 per cent; Russians,
13 per cent; Poles, 4 per cent; Ukrainians, 3 per cent; Jews, 1 per cent; and
other nationalities, 1 per cent.
336. The representative said that there were no political parties in Belarus
founded on a purely national or ethnic basis.
337. With regard to the amendment to article 8, paragraph 6, of the Convention,
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the declaration provided for under article 14 of the Convention and the question
of the reservation formulated by Belarus at the time of ratification, the
representative of the State party assured the Committee that he would transmit
its recommendations to his Government.
338. In conclusion, the representative of the State party thanked the members of
the Committee for their many observations during the course of the debate, which
Belarus would find helpful in drafting its fourteenth periodic report. He also
asked the Committee to send Belarus information on the political representation
of national minorities in State decision-making bodies together with concrete
recommendations on the matter, which the Government could then follow in
revising its national legislation. The Committee’s assistance had been sought
for the drafting of the electoral law currently under preparation in Belarus.
339. At its 1122nd meeting, on 15 August 1995, the Committee adopted the
(a) Introduction
340. Appreciation is expressed to the State party for its readiness to continue
the dialogue with the Committee. It is regretted, however, that the eleventh
and twelfth periodic reports were not submitted on time.
341. At the same time it is observed that Belarus has undergone radical
political, social and economic changes since the Committee’s last consideration
of the State party’s report in 1989 and that the process of transition towards a
multi-party democracy and a market economy is still under way in Belarus with
all the difficulties that such a process may generate.
342. It is noted that the State party has not made the declaration provided for
in article 14, and some members requested that the possibility of such a
declaration be considered.
343. The legislative measures adopted by the Government of Belarus with a view
to bringing national legislation into conformity with the Convention are
welcomed. In that connection, note is taken of the Act of the Republic of
Belarus "On the Constitutional Court of the Republic of Belarus" and the actual
establishment of the Court; of the Act of the Republic of Belarus "On national
minorities in the Republic of Belarus" designed to prevent and combat
discrimination on grounds of nationality and incitement of enmity between
different nationalities; of the law on culture of 1991; of the law on languages
of Belarus of 1990; of the signature by Belarus of the Bishkek agreement on
matters connected with the restoration of the rights of deported persons,
national minorities and peoples; and of the forthcoming establishment of the
Council on international relations.
344. It is regretted that not enough information has been provided by the State
party on legislative, administrative and other measures for the implementation
of the Convention.
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345. Concern is again expressed that the State party has not implemented the
provisions contained in article 4 (b) of the Convention and has not provided
information on the practical implementation of provisions of article 4 (c).
346. The Committee recommends that in its next periodic report the State party
fully reports on judicial, administrative and other measures adopted to give
effect to the Convention.
347. The Committee further strongly recommends that the State party comply fully
with the obligations under article 4 of the Convention and that necessary
legislative measures be taken in order to give full effect to the relevant
provisions of that article.
348. The Committee requests the Government of Belarus to provide it, in its
fourteenth report due in 1996, with information on the ethnic composition of
Belarussian society and on the situation of different minorities in terms of
their participation in public life and their access to education, culture and
information in their mother tongue.
349. The Committee draws the State party’s attention to the periodicity of
reporting as established by the Convention and urges the State party to comply
therewith.
350. The Committee recommends that the United Nations Centre for Human Rights,
within the framework of its technical cooperation programmes, assist Belarus, as
requested by the delegation of the State party, in its efforts to harmonize
national legislation with the Convention.
351. The Committee recommends that the State party ratify the amendments to
article 8, paragraph 6, of the Convention, adopted by the Fourteenth Meeting of
States Parties.
352. The Committee recommends that the State party’s fourteenth periodic report,
due on 7 May 1996, be a brief updating report.
Mexico
353. The Committee considered the ninth and tenth periodic reports of Mexico,
consolidated in one document (CERD/C/260/Add.1), at its 1104th and 1105th
meetings, held on 2 and 3 August 1995 (see CERD/C/SR.1104-1105). Together with
the ninth and tenth periodic reports, the Committee also examined the report
containing additional information (CERD/C/286), requested by the Committee in
its decision No. 2 (46) of 9 March 1995, in accordance with article 9, paragraph
1, of the Convention.
354. The reports were introduced by the representative of the State party, who
reaffirmed that the phenomenon of racial discrimination did not exist in Mexico,
although the most vulnerable groups in society, such as women, disabled persons,
migrant workers and indigenous people, did suffer some forms of discrimination
caused by socio-economic factors. Extreme poverty among the latter group was
both a cause and a consequence of their economic, social and cultural
marginalization and exposed them to discriminatory treatment in both rural and
urban areas. It was difficult to quantify the indigenous population. Based on
estimates made for strictly statistical purposes and the language criterion
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according to which indigenous persons are those speaking an indigenous language,
there were 7 to 10 million indigenous people in Mexico. He acknowledged that
the language criterion alone was inadequate and that the criterion of
self-identification, for example, should be considered a fundamental criterion,
in conformity with ILO Convention No. 169.
355. He went on to state that it was only since 1991 that Mexico, despite its
age-old history as a State, had recognized itself legally as a multi-ethnic and
multi-cultural nation. Until then, and since its accession to independence
nearly two centuries previously, the indigenous populations had been regarded at
best as peoples to be civilized and to be assimilated culturally. The meagre
results of that policy of integrating the indigenous people implemented over
several decades had brought it home to the Mexicans that it was a mistake to
seek at all costs to build a homogeneous country and deny the deep-seated roots
of the Mexican nation. Now that the cultural diversity of the Mexican
population was recognized by the Constitution, whose article 4 had been amended
to that effect, it was necessary to adjust the whole body of Mexican legislation
in order to eradicate all discriminatory practices, particularly in the fields
of access to natural resources, the administration of justice, the
administrative organization of communities and education.
356. Introducing the additional report requested by the Committee at its

forty-sixth session (decision No. 2 (46)) and dealing mainly with the conflict
which had broken out in the State of Chiapas in 1994, he explained that the
conflict was the painful expression of the despair caused by extreme poverty.
He said that, right from the beginning of the conflict, the Federal Government
had acknowledged the legitimacy of some of the reasons that had led members of
the indigenous communities to rebel; those reasons stemmed from economic and
social marginalization and had nothing to do with racism or racial
discrimination. The Zapatista National Liberation Army (EZLN) itself had not
reported any problems of racial discrimination within the meaning of the
Convention. He then described the measures and programmes adopted by the
Government for the State of Chiapas, amounting to some $129 million.
357. The members of the Committee thanked the State party for its detailed,
frank reports and for submitting additional written information on the situation
in the State of Chiapas.
358. Members of the Committee expressed their difference of opinion with the
Government on the kind of discrimination suffered by many indigenous people in
Mexico, pointing out that it did in fact fall within the scope of articles 2 and
5 of the Convention. The discriminatory nature of policies or practices that
perpetuated the marginalization and impoverishment of certain ethnic groups was
indeed a form of racial discrimination within the meaning of the Convention.
359. Committee members acknowledged that, by recognizing the specific rights of

the indigenous communities, the amendment to article 4 of the Mexican
Constitution marked an important step in the transition from a mestizo society
to a multi-cultural nation. Without statutes and measures to implement that
provision, however, the constitutional reform would be of little practical
effect. Members of the Committee also noted that, in many instances, the
oppression of the indigenous communities was due less to the absence of legal
rules than to the fact that economic interest groups and local politicians
pursued their abusive practices to the detriment of indigenous groups with
impunity.
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360. Members of the Committee noted with interest the steps taken by the
Government to improve the economic and social conditions of the indigenous
communities, particularly the programmes designed to overcome extreme poverty,
such as the National Solidarity Programme and the National Programme for the
Development of the Indigenous Peoples. The innovative character of certain
approaches was commended. A most interesting new feature, for example, was the
programme for the reform of the justice system which takes into account Indian
customs in court proceedings. It was felt that this would also improve mutual
cultural recognition and consultation among all sectors of society. That
programme was to be classified among the measures of positive discrimination
provided for in article 1 of the Convention.
361. Committee members drew attention, however, to the lack of information in

the report by the State party on the real impact of those programmes. They
expressed their concern about allegations from reliable sources about their
ineffectiveness and the corrupt practices of certain local officials or powerful
landowners. In that connection, members of the Committee stressed the
importance of selecting social indicators that would make it possible to decide
which sectors merited a priority input of resources and to determine whether the
programmes had the expected impact.
362. Referring to the various bodies set up at the federal level to promote and
protect the rights of indigenous peoples, members of the Committee acknowledged
that the measures taken by them were undeniably important, but wondered whether
the fact that there were so many of them did not entail a risk of
bureaucratization and duplication. It was essential to ensure smooth
coordination between the various bodies. Committee members also wished to know
whether members of the indigenous communities took part in the management of
those institutions in positions of responsibility.
363. Members of the Committee raised a question that was of fundamental

importance for the indigenous populations, that of land, which was crucial to
their subsistence, but also to their identity. There was evidence that the
administrative measures taken by the Mexican Government were insufficient to
guarantee fair and equitable treatment of members of indigenous communities in
the process of land distribution. For decades, landowners had been illegally
dispossessing the indigenous peoples of their lands. The Indians had been
gradually driven from the fertile lands along the Pacific coast towards the
central highlands and finally to the rainforest in the east, which was ill-
suited to agriculture. Members of the Committee noted that the Mexican
Government had long been accused by human rights organizations of doing nothing
to put an end to the land-related violence in rural areas, regarding it as
inevitable. Committee members also observed that the indigenous communities in
Mexico viewed the recent amendment to article 27 of the Constitution and the
promulgation of the new agrarian law in 1992 as a further threat to their
already fragile economic activities and to their identity. Moreover, the
economic situation of the indigenous communities seemed to have deteriorated
since Mexico’s signing of the North American Free Trade Agreement (NAFTA).
Members of the Committee requested more information on the practical effects of
the 1992 constitutional reform and on the Government’s response to EZLN demands
with regard to land.
364. Turning to the question of the conflict in the State of Chiapas, members of
the Committee, welcoming the Government’s efforts to find a political rather
than a military solution to the conflict, wished to know what measures had been
taken to put an end to the activities of the paramilitary groups still present
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there, whether the detainees who had not yet been released had benefited from
fair and equitable legal procedures and whether the civilians and the military
personnel responsible for the disappearances, arbitrary executions and torture
had been arrested and brought to justice.
365. On the subject of article 4 of the Convention, members of the Committee

noted that there was a continuing misunderstanding between the Committee and the
Mexican Government, which maintained that no specific legislation was needed to
implement that article because the question of the indigenous people was never
seen in terms of racial discrimination. That position did not meet the
requirements of the Committee, which considered that specific measures must be
adopted, even when there was no evidence of racist phenomena in a country, if
only to prevent racial or ethnic discrimination and for educational purposes.
366. With regard to article 5 of the Convention, members of the Committee noted
that, as the Mexican Government itself acknowledged with great candour, the
indigenous populations were still in fact subject to discrimination in many
areas, such as education and training in general, the right to their own
language and culture, health, access to a nutritious and balanced diet, access
to land ownership, access to infrastructure like the road network and other
means of communication and access to justice. Committee members again pointed
to the inadequacy of the steps taken and the lack of clear information on their
impact. They requested the State party to provide more details on the
implementation of article 5 of the Convention in the next periodic report.
367. On the subject of article 6 of the Convention, it was noted that, although
it appeared that the Convention could be invoked directly before the courts in a
case of racial discrimination, nothing had been said about the kind of sentences
that might be handed down by the judge in such a case.
368. The information provided on article 7 of the Convention was noted with
great interest by the Committee, which considered that the prospects afforded by
the steps already taken were most promising. It was felt that since Mexico’s
cultural heritage was unique it should be cultivated, developed and made widely
known. Encouraging the Government to continue with the dissemination of the
ancestral culture of the indigenous population, the Committee recommended that
the State party should associate the indigenous communities of other countries
with such events, as had already been done with Bolivia, in order to foster a
sense of cultural solidarity.
369. Replying to Committee members’ questions and comments, the representative

of the State party explained that the amendment to article 27 of the
Constitution had been justified by the fact that there was no longer enough land
available for distribution and that the amendment had not affected the existing
social guarantees in agrarian matters, including the ban on large estates.
370. The representative affirmed the Government’s will to leave no violation

committed during the events in the State of Chiapas unpunished and offered to
inform the United Nations Centre for Human Rights of the proceedings of
inquiries conducted and sentences handed down in that connection. He also
specified that all the rebels detained had been released as of July 1994 and
invited the members of the Committee to read the report of the International
Committee of the Red Cross, which had been present in Chiapas during the 18
months following the outbreak of the conflict.
371. The representative also informed the Committee that one of the points on
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which agreement had been reached with the EZLN, the revision of the Penal Code,
was in the process of being implemented.
372. Lastly, the representative assured the members of the Committee that the
next periodic report of Mexico would contain more information on the
implementation of article 5 of the Convention.
373. At its 1124th meeting, held on 16 August 1995, the Committee adopted the
(a) Introduction
374. The submission by the State party of a detailed and frank periodic report,
prepared in accordance with the Committee’s revised guidelines for the
preparation of reports, and of additional written information on the situation
prevailing in the State of Chiapas, requested by the Committee in its
decision 2 (46) of 29 March 1995, is welcomed. Appreciation is also expressed
for the supplementary information provided orally by the delegation of the State
party.
in article 14 of the Convention, and some members requested that the possibility
of such a declaration be considered.
376. The legislative and other measures adopted by the Government in favour of
the indigenous population, in accordance with article 2 of the Convention, are
welcomed. It is noted with satisfaction in particular that the amendment to
article 4 of the Constitution in January 1992 represents a fundamental shift in
the State party’s policy towards indigenous peoples, since it states that the
Mexican nation has a multicultural composition originally based on its
indigenous peoples and recognizes, for the first time since Mexico’s
independence, special constitutional rights for the indigenous people living on
its territory.
377. As regards the Chiapas conflict, it is noted with satisfaction that in

January 1994, the Government decided to take steps to seek a political rather
than a military solution, unilaterally declared a ceasefire, decreed a general
amnesty and established the National Commission for Comprehensive Development
and Social Justice for Indigenous Peoples.
378. The efforts made by the State party to set up a bilingual-bicultural

education system in favour of the indigenous groups are welcomed.
379. The amendment of articles 18 to 22 of the Constitution intended to expand

the constitutional rights of accused persons in criminal proceedings of
indigenous origin, as well as the ongoing revision of the Penal and Criminal
Procedure Codes, are also noted with satisfaction.
380. The situation of extreme poverty and marginalization of the majority of the
indigenous population in Mexico is a matter of concern. Such a situation has
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complex causes, some of them stemming from the impact of the encounter of
civilizations, as well as the consequences of the recent internationalization of
the economy for social policies in Mexico. It has been and still is the
responsibility of the Government to improve the economic and social situation of
the indigenous population of Mexico.
381. Concern is expressed at the lack of information in the State party’s

reports on the actual implementation of constitutional and legal measures, and
on the impact of the various policies and programmes adopted by Mexico in
applying the provisions of the Convention.
382. Particular concern is expressed that the State party does not seem to
perceive that pervasive discrimination being suffered by the 56 indigenous
groups living in Mexico falls under the definition given to racial
discrimination in article 1 of the Convention. The description of their plight
merely as an unequal participation in social and economic development is
inadequate.
383. Concern is also expressed that too little attention is given by the State
party to the effects on the economic situation of the indigenous communities, of
adherence to the North American Free Trade Agreement and of the related 1992
constitutional and legislative reform of the land ownership system.
384. While the achievements of the National Indigenous Institute are commended,
note is taken of the insufficient coordination between the various institutes
and commissions which are charged with protecting the rights of the indigenous
communities in Mexico, as well as their bureaucratic functioning.
385. Concern is expressed that the State party still has not implemented the
provisions in article 4 of the Convention.
386. Concern continues regarding the serious discrimination indigenous peoples

have to face in respect of the enjoyment of their civil, political, economic,
social and cultural rights. Particular concern is expressed at the inequitable
treatment of indigenous people in the process of land distribution, including
restitution, and at the violent and illegal resolution of many land disputes, at
the amendment to article 27 of the Constitution, and at the lack of support
given to the bilingual-bicultural education system.
387. It is not clear how the Convention is incorporated into the Federal and
State legal systems nor whether the provisions of the Convention can be directly
invoked before the courts.
388. The Committee recommends that the State party pursue its efforts to analyse
the root causes of the socio-economic marginalization faced by the indigenous
population of Mexico and continue its attempts to harmonize indigenous customs
with the positive legal order.
389. The Committee draws the attention of the State party to the necessity of
adopting indicators to evaluate the policies and programmes aimed at the
protection and promotion of the rights of indigenous peoples.
390. The Committee recommends that the State party review the functioning of and
the coordination between the various institutions in charge of the protection of
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indigenous people’s rights.
391. The Committee reaffirms that the provisions of article 4, paragraphs (a)
and (b), of the Convention are of a mandatory character as stated in general
recommendation XV (32) of the Committee and recommends that the State party
implement each of the obligations.
392. The Committee wishes the Government of Mexico to provide, in its next
report, detailed information on the implementation of article 5 of the
Convention.
393. The Committee strongly recommends that the State party find a fair and
equitable solution for the distribution, including restitution, of lands. As
far as land disputes are concerned, all necessary steps should be taken to
ensure that the rule of law is applied without improper interference, in
particular by powerful landowners.
394. The Committee strongly recommends that the State party make an increased
effort in promoting affirmative measures in the field of education and training.
395. The Committee recommends that the Mexican Government ensure that violations
of indigenous people’s human rights be investigated, and that the victims
receive compensation.
396. Welcome is expressed for the proposal, made orally by the delegation, of
providing the United Nations Centre for Human Rights with regular and detailed
information in that respect.
States Parties.
398. The Committee recommends that the State party’s eleventh periodic report,
due on 22 March 1996, be an updating report.
New Zealand
399. The Committee considered the tenth and eleventh periodic reports of New
Zealand, submitted in a single document (CERD/C/239/Add.3 and HRI/CORE/1/Add.33)
at its 1106th and 1107th meetings, held on 3 and 4 August 1995 (see
CERD/C/SR.1106-1107).
400. The representative of the State party made an introductory statement

highlighting the main points contained in the reports. Major legislative
changes mentioned included the adoption of the New Zealand Bill of Rights
Act 1990, the Treaty of Waitangi (Fisheries Settlement) Act 1992, the Te Ture
Whenua Maori (Maori Land) Act 1993, the Human Rights Act 1993 and the Electoral
Act 1993. Other developments included the restructuring of Maori affairs
administration, through the establishment of the Ministry of Maori Development,
Te Puni Kokiri, in 1991. The representative explained that the focus of that
Ministry was to develop an environment of opportunity and choice for the Maori
by improving Maori performance in areas of education, employment, business
development and health. The initiatives taken to strengthen the Ministry of
Pacific and Island Affairs and to establish the Ethnic Affairs Service within
the Ministry of Internal Affairs were also mentioned. In addition, the
representative informed the Committee of the revision of New Zealand’s
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immigration and refugee policy which allowed entry to New Zealand of migrants
from non-traditional sources.
401. As regards the developments which had taken place since the preparation of
the reports, the representative stated that a key area of government attention
continued to be the promotion of the settlement of historical Maori grievances
and claims under the Treaty of Waitangi. This had led to the appointment of a
Minister of Treaty of Waitangi Negotiations and the setting up of an Office of
Treaty Settlements. The main responsibilities of that Office were outlined.
Basically, they were concerned with the development of policies for the Crown
with regard to the settlement of Treaty claims and assisting the Minister in
negotiating and implementing the settlement of those claims. Additionally, the
representative informed the Committee about the Government’s proposed policies
to settle Treaty of Waitangi-based land claims through the allocation of
$NZ 1 billion which has become known as the "Settlement Envelope" or "Fiscal
Envelope". It was explained that while claimants do not have to agree to the
specific amount contained in that "Envelope", as a precondition for negotiation,
the setting of an amount would be beneficial for the assessment of the fairness
of claimants’ settlements. The representative stated that the process of
consultation with Maori had revealed widespread concern about the proposals in
their current form.
402. Further information on the settlement of claims either through direct

negotiation with the Crown or through the Waitangi Tribunal process was provided
by the representative of the State party. In this connection, mention was made
of the settlement of a historic grievance with the Waikato-Tainui tribe and that
460 claims were registered with the Waitangi Tribunal of which 10 were under
active consideration. Moreover, it was indicated that solutions for resolving
land grievances were also available through the Maori reserved land lease reform
and by Order in Council.
403. Additionally, the representative of the State party provided details of

several administrative and policy measures taken to address Maori concerns,
including in the areas of education, employment, health and social welfare. In
this regard, it was indicated, inter alia, that since 1993 there had been an
expansion of Maori education initiatives particularly with respect to early
childhood and bilingual education. Despite the successes evidenced in the last
10 years because of the increase in Maori enrolment in childhood education and
tertiary education and the advances made in school retention rates, it was
explained that improvements had also been witnessed for non-Maori students and
so a sizeable gap between the two groups remained.
404. Information was also provided on the changes occurring in the immigration
population in view of the growing number of recently accepted immigrants coming
from countries in the Asian region. Details were also given of the quota
permitting the entry of refugees under New Zealand’s immigration policy.
Additionally, a brief description of recent events in Tokelau was provided with
respect to Tokelau’s consideration of constitutional changes and of an act of
self-determination.
405. By way of conclusion, the representative stated that the period under
review had been characterized by significant developments particularly with
respect to the development of a dialogue and of consultation with the Maori and
to promote the economic and social advancement of all groups within the society.
406. The members of the Committee expressed their appreciation to the State
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party for its comprehensive, detailed and honest report as well as for its
informative and frank introductory statement. They noted with satisfaction the
seriousness with which New Zealand fulfilled its reporting obligations,
particularly as the State party had made considerable efforts in responding to
requests for information made during the previous dialogue with the Committee.
It was also noted that the Government had undertaken various measures with
respect to the implementation of the provisions under the Convention,
particularly in the light of its recognition of the need to address the
disparities existing between different ethnic groups in the country with respect
to educational, health and other matters. Moreover, the members of the
Committee noted New Zealand’s efforts in the past to prepare Niue and the Cook
Islands for self-government and its efforts to assist in introducing
constitutional change in Tokelau as well as its commitment to continuing to
provide assistance to those countries in the future which had chosen free
association with New Zealand.

noted that a plethora of human rights mechanisms existed in New Zealand and in
this connection they wished to know how the State party ensured that the
problems of duplication of work and overlapping of mandates did not arise. They
also wished to receive further details of the provisions of the new Human Rights
Act 1993 with respect to the implementation of the rights provided for in the
Convention.
408. Clarification was requested as regards the status of the Treaty of Waitangi
and whether it had validity under international law. Further information was
also requested with respect to the activities of the Waitangi Tribunal, its
composition and whether its recommendations were implemented. In addition,
information was requested as regards the concerns raised by Maori with respect
to the settlement of claims, the basis of arriving at the amount of money
contained in the "Fiscal Envelope" and whether that figure was negotiable.
Clarification was also requested as regards the effect of the "Fiscal Envelope"
on the economic situation of Maori.
409. Questions were raised by members of the Committee about the nature of the
concerns expressed by Maori over the adoption of the Treaty of Waitangi
(Fisheries Settlement) Act 1992 and with regard to the results of the court
proceedings instituted against the Crown over the settlement as well as the
means employed for the identification of those claiming settlement under the
Treaty. In addition, members of the Committee expressed interest in receiving
further information about the communication before the Human Rights Committee in
relation to the Treaty of Waitangi (Fisheries Settlement) Act 1992.
410. Members of the Committee requested clarification as to the effect of the

Waitangi Tribunal Amendment Act 1993 with respect to the Crown’s return to Maori
of private land for the settlement of claims. In this regard, the Committee
noted that from information contained in the State party report it appeared that
the Maori’s share of the land was not commensurate with the size of its
population and that much of the land was owned by the Crown or in private,
non-Maori hands. The Committee observed that the Treaty of Waitangi Amendment
Act was an area of concern insofar as it appeared to discount claims to land
that had been confiscated by private parties, possibly by unlawful seizure in a
previous period.
411. Members of the Committee wished to know more about the provisions and
implementation of the Te Ture Whenua Maori (Maori Land) Act 1993, especially
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with respect to those provisions of the Act requiring the strict application of
rules for the transfer of ownership of Maori land.

emphasized the importance of the provisions of part (b) of that article,
particularly as a means to prevent racial discrimination.
413. In connection with article 5 of the Convention, members requested further

information on the impact of economic restructuring on the situation of
different population groups, particularly with respect to housing and employment
conditions and the development of Maori education. Members of the Committee
also wished to know more about the electoral reform and its effect on Maori
representation in Parliament as well as about the new immigration policy
instituted in New Zealand and its possible impact on racial harmony.
414. Concerning article 6 of the Convention, members wished to know more about
the number of complaints and whether there had been a noticeable improvement in
the protection of the rights provided for in the Convention since the adoption
of the new Human Rights Act. Further information was requested on the racial
discrimination complaints procedures and the personal grievance procedures under
the Employment Contracts Act.
415. In relation to article 7 of the Convention, members of the Committee

requested information concerning the investigation of reported cases of
ill-treatment in prisons and of the measures taken to address such situations,
including the setting up of an independent prison complaints authority and the
introduction of human rights education for prison staff. They also asked for
more information about the proportion of offences committed by Maori and whether
appropriate psychological counselling was available to Maori in prison.

expressed the hope that New Zealand would consider making the declaration under
this article so that grievances relating to racial discrimination could be
brought to the Committee.
417. In reply to the questions raised in relation to article 2 of the

Convention, the representative agreed that there were a variety of organizations
responsible for the promotion and protection of human rights, including the
Human Rights Commission, the Office of the Race Relations Conciliator, the
Office of the Privacy Commissioner, the Children’s Commissioner, the Ombudsman
and the Retirement Commissioner. There was not considered to be any overlapping
or competition between the different areas of responsibility of these
mechanisms. However, he noted that there could be initial confusion about the
responsibilities of the Race Relations Conciliator, the Waitangi Tribunal,
Te Puri Kokiri and the Human Rights Commission.
418. The representative of the State party also stated that section 5 of the
Human Rights Act had enhanced the functions and powers of the Human Rights
Commission and the Race Relations Conciliator. In this case, the Race Relations
Conciliator had been given a wider jurisdiction to inquire into or make
statements about race matters that did not fall within the Conciliator’s
unlawful discrimination jurisdiction. Section 73 of the 1993 Human Rights Act
provided for affirmative action policies consistent with article 2 of the
Convention. Indirect discrimination was covered by section 65 of the Human
Rights Act, while sections 61 and 131 of the Act provided for penalties for
racially offensive expressions. In this regard, he explained that while
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section 61.2 of the Human Rights Act provided a defence for a publisher or
broadcaster if the report accurately conveyed the intention of the publisher or
broadcaster, there was no similar defence under section 131 of the Act which
carried a criminal penalty with respect to the intent to excite hostility or
ill-will or to bring into contempt or ridicule.
419. Concerning the status of the Treaty of Waitangi, the representative

explained that it had been recognized as a founding domestic constitutional
document which had been concluded between the British Sovereign and the Maori
Chiefs of New Zealand in 1840. There had never been a need for a judicial
ruling on the question of whether the Treaty of Waitangi had any validity under
international law. With respect to the Waitangi Tribunal it was indicated that
it was a quasi-judicial body which had statutory authority. The Tribunal was
composed of 16 members, 6 of whom were Maori. The Government maintained the
ability to accept or reject the Tribunal’s recommendations. Those
recommendations may be made in general terms or may indicate in specific terms
the action which, in the opinion of the Tribunal, the Crown should take. It was
further explained that while not all recommendations made by the Tribunal were
implemented, the Government was committed to maintaining the reputation of the
Tribunal as an effective mechanism for solving Treaty grievances.
420. The Committee was informed that the "Fiscal Envelope" was based on the
notion that redress might consist of assets, money and rights. The Government
recognized that monetary settlements were preferable since they enabled
claimants to repurchase lands or assets themselves. In that connection, the
Government had set up two different mechanisms. The first was the Crown
protection mechanism, under which surplus land belonging to the Crown was held
pending the settlement of claims and surplus land could be used in partial
settlement and second priority was given to claims submitted by persons residing
in "confiscated lands". It was further explained that the amount of money
offered in the "Fiscal Envelope" was arrived at following a political decision
and was not open to discussion. In arriving at that sum the Government had
carefully balanced the objective of providing durable settlements and removing
the claimants’ sense of grievance concerning the affordability of the sum and
its acceptability to the wider community. The representative also informed the
Committee that while there was considerable support among Maori for the
settlement of Treaty claims, there was general dissatisfaction within the Maori
community over the progress of individual Treaty claim settlement and that this
had been exacerbated by Maori concern about the sale of Crown-owned assets. In
view of that concern, the Government had recently decided to put a hold on sales
of all surplus Crown land located within the major areas in which land
confiscation had occurred in the last century. That decision had met with
strong support by claimants who viewed the Crown’s action as a demonstration of
its good faith and commitment to settling land confiscation claims. As an
example of the achievements possible in the settlement of claims through the
ongoing goodwill of both the Crown and Maori, mention was made of the recent
settlement of the Waikato-Tainui land confiscation claim. Moreover, the
representative informed the Committee that the settlement of historical
grievances would not abrogate government policies to improve the social and
economic position of the Maori. He clarified the Government’s position with
respect to the fact that nothing in the settlements would remove, restrict or
replace Maori rights under article III of the Treaty of Waitangi, including
Maori access to mainstream government policies.
421. Replying to the questions raised concerning the Treaty of Waitangi

(Fisheries Settlement) Act 1992, the representative explained that the
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reservations expressed by Maori members of Parliament during the passage of the
Act included concern about the provisions of the Act that declared the
Settlement to finally settle all claims, both current and future, by Maori in
respect of commercial fishing. He further indicated that court proceedings were
instituted by representatives of ewi opposed to the settlement and its
recognition in legislation. Those proceedings were dismissed by the Court of
Appeal in Te Runanga o Wharekauri v. Attorney-General (1993) on the basis of the
established principle of non-interference by the courts in parliamentary
proceedings. It was further stated that many of the issues raised in opposition
to the settlement were incorporated into the communication lodged with the Human
Rights Committee under the Optional Protocol to the International Covenant on
Civil and Political Rights.
422. In reply to a question on the role of the Waitangi Fisheries Commission in

identifying fisheries settlement beneficiaries, the representative pointed out
that settlements under the Waitangi Treaty were not negotiated directly with the
Maori population. The Crown needed assurance that the settlement was being made
with the right tribe or sub-tribe grouping so as to ensure a final settlement
and avoid further grievances. It was also important to note that all persons
entitled to benefits by virtue of their tribal membership were identified and
had the opportunity to participate in decisions affecting the distribution of
benefits.
423. Concerning the Waitangi Tribunal Amendment Act 1993, the representative
explained that the amendment to section 6 of the Treaty of Waitangi Act 1975
arose following the Te Rora report of April 1992 when a division of the Tribunal
recommended that the Crown purchase certain private lands involved in that
claim. He further stated that a fundamental principle of the Treaty claims
settlement process was that one injustice could not be addressed by creating
another and that a recommendation to the Crown to take certain action in
relation to privately owned land was not consistent with the Crown’s duty to
protect private citizens’ rights. Thus, the amendment was necessary to protect
the status of the Tribunal and its acceptance by the people of New Zealand as a
whole.
424. The representative explained that under the provisions of the Te Ture
Whenua Maori (Maori Land) Act all land in New Zealand had been classified into a
number of different categories. In particular, the Act made an important
distinction with regard to the requirements for the alienation of Maori freehold
land. He explained that the rules regarding alienation of Maori land applied to
the transfer of land between Maori as well as to non-Maori and that the Act was
designed to promote the retention of Maori land in the hands of whanau and hapu
descendants of the person transferring the land. The general theme of the Act
was the retention of Maori land within the traditional descent group associated
with the relevant land. Thus, the Act was designed to address the concern of
Maori at the gradual loss of Maori freehold land and also to establish
structures for the more effective use, management and development of
multiple-owned Maori land.
425. With regard to the concerns expressed that New Zealand’s legislative
provisions did not fulfil the requirements of article 4 (b) of the Convention,
the representative explained that although the Human Rights Act did not prohibit
the establishment of racist organizations per se, its sections 61 and 63 made it
unlawful for any organization to publish or distribute racist material and to
engage in racial discrimination, while its section 131 covered the offence of
inciting racial disharmony. Therefore, the extent to which organizations with
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racist aims could promote them was clearly restricted.
426. With reference to article 5 of the Convention, and in connection with the
subject of economic restructuring and its impact on employment and welfare, the
representative explained that the New Zealand Employment Service did not use
ethnicity as a criterion of eligibility for its services which were targeted at
the most disadvantaged groups, including the long-term unemployed. However, as
Maori and Pacific Islanders were substantially over-represented among the latter
group, they were in effect receiving targeted assistance. In addition, there
were two specific employment programmes for Maori and the Government had
allocated $NZ 2.4 million to the Ministry of Pacific Island Affairs to deliver
employment services. Moreover, in the context of the Government’s
reconsideration of policies to counter the effects of restructuring on
vulnerable groups, changes had been introduced in December 1994 to increase the
level of payments to purchase food in cases of emergency and hardship, to
increase the level of grants for school uniforms and to provide grants to meet
costs associated with the transition from receipt of benefit to resumption of
employment. Further adjustments and supplementary benefits which had been
incorporated in the most recent budget were also outlined.
427. In reply to questions raised in relation to education, the representative

stated that significant advances in the educational attainments of Maoris had
been observed in the last five years which provided grounds for optimism about
the future position of Maori in education. In addition, the positive outcomes
expected from Maori-medium education initiatives should in turn lead to more
favourable opportunities for Maori in the labour market. Moreover, the active
promotion of the Maori language as a national language of New Zealand had
inspired many New Zealanders to study it. A small number of non-Maori adults
were studying the language at tertiary institutions or in community education or
work-based programmes. Two Maori tertiary institutions already existed and a
third was expected to be functioning by the end of 1995.
428. As regards the housing situation of Maori, the Committee was informed that
49 per cent of Maori were accommodated in rental housing as compared with
24 per cent of the New Zealand population as a whole. The 1992 census had shown
that renters tended to have lower incomes and to be young. There was also a
strong link to unemployment and a higher proportion of Maori were unemployed.
429. With regard to the recently introduced electoral reform and its impact on
Maori representation, the representative explained that the number of guaranteed
Maori seats in Parliament under the new system had been increased from four to
five and that the number of Maori seats would rise or fall depending on the
number of Maori opting for enrolment in the Maori roll at the end of the Maori
option period. He indicated that the new mixed-member proportional system also
provided additional opportunities for Maori representation, where parties felt
compelled to select Maori candidates for both "list" and "constituency" seats.
Equally, the new system would provide an opportunity for a party representing
Maori interests to become established and win list seats in its own right. Such
opportunities, including for increased representation, also applied to other
ethnic groups.
430. With respect to matters relating to immigration, the representative

indicated that the Government was aware that there were some Maori concerns
about immigration policies. Improvements were being made to the collection of
data to ensure the availability of more comprehensive information regarding the
impact of immigration and to facilitate an informed public dialogue. The
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Government was confident that its immigration policy was consistent with its
obligations under the Treaty of Waitangi and that Maori opinion had been fully
taken into account when the new immigration policy had been developed. The
criteria for accepting immigrants were transparent and applied to all
immigrants; the points system had been designed to establish an objective
measure of the merits of all applicants.
431. In connection with article 6 of the Convention, the representative informed

the Committee that anyone could lodge a complaint about alleged racial
discrimination against himself or herself. A complaint might also be made by
one person on behalf of another as long as he was a relative or associate of the
complainant. There was no specific provision in the Human Rights Act for
complainants representing group interests. Moreover, by amendment to section 39
of the Employment Contracts Act, a complainant could choose the Act under which
he wished to pursue a complaint. However, a complaint could not be pursued
under both the Employment Contracts Act and the Human Rights Act. The personal
grievance procedure provided for under the Employment Contracts Act was designed
to encourage parties to resolve the complaint among themselves and the burden of
proof in such cases depended on the nature of the claim. For example, in cases
of discrimination, where there could be no justification for an employer’s
conduct, it was the employee who must satisfy the Employment Tribunal or
Employment Court that discrimination had occurred.
432. Additionally, the representative indicated that progress was also being
made in the protection and promotion of the rights of ethnic minorities,
particularly those of Maori and Pacific Island peoples, as well as in the
recognition and prevention of harassment, especially of a racial nature.
Between 1 July 1994 and 30 June 1995 a total of 587 complaints had been received
by the Race Relations Office. Of those, 40 per cent related to section 61 of
the Human Rights Act. In 1994/95 there had been 94 mediated settlements. There
had been one prosecution by the police under section 25 of the Race Relations
Act 1971 in December 1993. The police had decided in that case to prosecute
under the Race Relations Act in order to demonstrate that they were prepared to
take action on incitement to racial disharmony. The Department of Justice took
the view that the small number of prosecutions under what had become section 131
of the Human Rights Act was partly due to the fact that the police had other
legislation under which they could deal with the relevant criminal activities,
for example criminal damage or offensive behaviour.
433. Concerning article 7 of the Convention and matters raised with respect to
the cases of ill-treatment in prisons, the representative indicated that he
would provide information on the incidents at the Mount Crawford prison in the
future. However, with regard to the situation at the Mongora prison, he
reported that the Ministry of Justice had held an independent inquiry into the
management of the prison. A report had been published, containing 60
recommendations for action, some applying specifically to Mongora while others
were of relevance to the prison system as a whole. All the recommendations
contained in the report would be implemented by the end of 1995. In addition,
disciplinary procedures had been instituted against some prison officers and 17
had been suspended. Inquiries into this incident continued to be pursued by the
New Zealand police.
434. Moreover, the representative informed the Committee that while Maori
constitute 10.6 per cent of the population aged 15 and over, Maori offenders
accounted for just under half (49 per cent) of the cases which resulted in
imprisonment in 1994. Thus, there had been little change in recent years with
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regard to the proportion of offences committed by Maori. He also indicated that
although there was no specific focus in the provision of psychological services
in prison for the adjustment of Maori as compared to other inmates, the
Corrections Psychological Services Division was committed to enhancing its
services to Maori generally and had undertaken a number of initiatives to that
end. A brief description of those initiatives was provided.
435. Concerning article 14 of the Convention, the Committee was informed that
the Government of New Zealand was not considering making a declaration under
this article, especially as it had accepted a broadly based complaints procedure
under the Optional Protocol to the International Covenant on Civil and Political
Rights. Nor was it the intention of New Zealand to adhere to ILO Convention
No. 169. Consultations held in 1990 had revealed serious reservations about its
provisions and resistance to its ratification.
436. Furthermore, the representative informed the Committee that he would submit
written replies to the questions on the Treaty of Waitangi Amendment Act and the
question relating to the determination of ethnic identity. In addition, he
stated that the Committee’s comments with respect to articles 4 (b) and 14 had
been duly noted.
437. At its 1123rd meeting, held on 16 August 1995, the Committee adopted the
(a) Introduction
438. The comprehensive and detailed report prepared by the State party,
especially in responding to requests for information raised during the
Committee’s previous dialogue with New Zealand, is noted with appreciation. The
highly informative introductory statement, made by the State party
representative, providing detailed coverage of recent developments with regard
to the implementation of the Convention is welcomed. The open, constructive and
detailed responses of the delegation to the questions raised by the members of
the Committee are also commended. The opportunity to continue a constructive
and fruitful dialogue with the State party is particularly welcomed.
in article 14 of the Convention, and some members requested that the possibility
of such a declaration be considered.
(b) Positive factors
440. It is noted that a number of legislative changes had been undertaken during
the period under review. Attention is drawn in particular to the adoption of
the Human Rights Act 1993 which amalgamated the Race Relations Act and the Human
Rights Commission Act.
441. During the reporting period, it is observed that other developments which
have taken place include the establishment in 1991 of Te Puni Kokiri (the
Ministry of Maori Development) which replaced the IMI Transition Agency and the
Ministry of Maori Affairs; the strengthening of the Ministry of Pacific and
Island Affairs; the establishment of the Ethnic Affairs Service within the
Ministry of Internal Affairs; and the establishment of the Ministry of Cultural
Affairs.
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442. It is noted with satisfaction that New Zealand has decided to mark the
first year of the International Decade of the World’s Indigenous People by
designating 1995 as the Year of the Maori language. The aim of the year being
to encourage Maori and other groups and individuals to make an active commitment
to learning and promoting the Maori language.
443. The introduction of new targeted policies and programmes in the fields of
education, health, employment and social welfare to address the specific needs
of Maori and ethnic minorities is welcomed.
444. In this regard, the Government’s stated commitment to continue providing

support for the improvement of education results for Maori is acknowledged. The
intention of the Government to develop policy to address disparities in the
areas of secondary school retention, school truancy, achievement and attainment,
participation in core subject areas and progression to further education and
training is welcomed.
445. The efforts undertaken by the State party to address the high infant
mortality rate in the Maori population are also welcomed. Equally, the adoption
of strategies by the Government to enable Maori and Pacific Island people to
develop and deliver appropriate social services using traditional cultural
approaches is appreciated.
446. It is noted with satisfaction that a Prime Ministerial Task Force on

Employment was established in 1994 and that a multiparty memorandum of
understanding was issued in June 1995 in response to the findings of the Task
Force’s report. In this connection, it is noted that a number of programmes
have recently been initiated to address the needs of unemployed Maori and a
number of recommendations have been made regarding the employment issues
affecting Pacific Island people.
447. Note is also taken of the Race Relations Office’s recently completed
research project undertaken on the subject of positive race relations in the
country and the survey conducted to help identify the victims of racially
motivated crime.
448. Tokelau’s pursuance of the path towards self-government, with the

possibility of adopting the status of free association with New Zealand, is
noted.
449. Satisfaction is expressed at the practice instituted in the State party of

publicizing the presentation of human rights reports. It was further noted that
the publications produced contain the report, opening statement, the questions
raised and answers provided as well as the concluding observations of the
Committee and are widely distributed throughout the country.
450. The Government acknowledges that there remains widespread concern among the
Maori about the present proposals, especially the so-called "fiscal envelope"
designed to settle Maori grievances and claims under the Treaty of Waitangi.
The Maori concern also extends to the issue of the compatibility of these
proposals with the terms of the Treaty. Concern is expressed that this problem
remains unsettled.
451. Similar concerns are raised regarding the probable effects of the new
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immigration policy on racial harmony and the implementation of the Treaty of
Waitangi (Fisheries Settlement Act) 1992.
452. While the policy and special programmes to improve the situation of the
Maori, Pacific Island and other ethnic minorities are commended, the existing
social and economic disparities between the Maori and Pacific Islanders on the
one hand and the Pakeha in New Zealand continue to be a matter of concern.
453. Concern is also expressed about the adequacy of the measures to implement
article 4 (b) of the Convention.
454. The Committee wishes to receive further information on the proposal of the
Government to implement changes to the Immigration Service’s data collection and
evaluation systems, and to make available more comprehensive information on the
impacts of immigration and the situation of immigrants so as to further
facilitate informed public dialogue with respect to New Zealand’s immigration
policies.
455. In view of the Government’s declared commitment to address what are openly
acknowledged to be difficult and challenging historic and contemporary issues,
the Committee recommends that the State party continue to accord careful
consideration to the concerns expressed about proposals to settle Maori
grievances and land claims, including their compatibility with respect to the
provisions of the Treaty of Waitangi.
456. The Committee wishes to receive further information in the next report of
the State party on the implementation of the Treaty of Waitangi (Fisheries
Settlement) Act 1992, the Te Ture Whenua Maori (Maori Land) Act 1993 and the
Electoral Act 1993.
457. It is suggested that the Government consider undertaking further measures

with respect to the implementation of article 4 (b) of the Convention which
requires States parties to declare illegal and prohibit organizations which
promote and incite racial discrimination.
458. In line with the usual practice of the State party, the Committee
recommends that the report, the discussion with, and the concluding observations
adopted by, the Committee be widely publicized in New Zealand.
459. The Committee recommends that the State party’s twelfth periodic report,
due on 22 December 1995, be a brief updating report.
El Salvador
460. The third, fourth, fifth, sixth, seventh and eighth periodic reports of
El Salvador, submitted in one document (CERD/C/258/Add.1), were considered by
the Committee at its 1108th and 1109th meetings, held on 4 and 7 August 1995
(see CERD/C/SR.1108-1109).
461. The reports were introduced by a delegation from the State party, which
stated that El Salvador was committed to the preservation of indigenous culture.
The State representative further explained that 12 years of civil war had
impeded his country’s submission of reports to the Committee during that time.
He assured the Committee that his country was eager to renew a constructive
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dialogue with the Committee and would henceforth submit reports in a timely
manner.
462. The representative declared that the country had changed in only a few
years. The peace process that had begun with the signing of the Peace Accord of
1992 was irreversible. It was reinforced by the change from a military to a
civilian police force and the establishment of the Office of the Procurator for
the Protection of Human Rights. The State had also benefited from the presence
of the United Nations Observer Mission in El Salvador (ONUSAL) and the technical
cooperation programmes of the Centre for Human Rights. In the latter
connection, El Salvador had received a human rights needs assessment mission
from the Centre as part of its technical cooperation programmes in which a
member of the Committee had participated.
463. With respect to human rights treaties, the representative explained that El
Salvador had ratified the ILO Discrimination (Employment and Occupation)
Convention, 1958 (No. 111), the Indigenous and Tribal Populations Convention,
1957 (No. 107) and other regional and international human rights treaties. With
respect to the Convention, however, the representative stated that in El
Salvador the phenomenon of racial discrimination did not exist. All persons in
El Salvador enjoyed equal rights, including indigenous people. At the same
time, he acknowledged that there was no precise demographic data on indigenous
persons, but such persons were few and lived in small groups in dispersed
settlements. The Government had programmes that aimed to preserve and diffuse
the indigenous languages.
464. Members of the Committee expressed appreciation for the resumption of the
dialogue between the Committee and El Salvador. Mention was made of the need to
evaluate the report in the context of the civil war from which the State party
was emerging and expressed appreciation for its efforts reflected in both the
report and the core document. Members agreed that the El Salvador of today was
different from the El Salvador of only four years before and took note of the
fact that, as part of the dialogue between the Government and the Frente
Farabundo Martí para la Liberación Nacional, an agreement on human rights was
signed in 1990 at San José, containing the rights recognized by El Salvador in
its Constitution and within the framework of the human rights instruments of the
United Nations and the Organization of American States. The agreement would be
monitored by a human rights verification mission.
465. Members expressed concern that the report was incomplete and not in
compliance with the Committee’s guidelines for the preparation of State reports.
A member noted that paragraphs 6 to 49 of the report repeated the same
information contained in the core document, which meant that the report itself
consisted only of paragraphs 1 to 5 and 50 to 60. There was no information on
the situation of indigenous persons, who, according to the last census in 1930,
and taking into account the estimated death toll from the 1932 uprising, should
have numbered approximately 50,000 after the uprising. Although many of their
descendants had been assimilated into the mainstream society, there continued to
exist small indigenous populations that maintained their traditional lifestyles.
These communities had limited access to employment and educational
opportunities, limited possession of land titles and bank credit and other forms
of economic opportunities. The fact that the report failed to recognize the
existence of these indigenous communities, and that these communities had been
extremely marginalized, constituted a violation of the Convention and were
matters of concern. Consequently, the Committee member could not accept the
assumption underlying the statement in the report that "in view of the fact that
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Salvadoran society does not have any problem of ethnic populations, the
Government of El Salvador considers it irrelevant and unnecessary to refer to
the operative part of the Convention ...".
466. A member referred to article 201 of the Constitution, which provided that
"no educational establishment may refuse or admit students on the grounds of the
nature of the union of their parents or guardians or of social, racial, or
political difference". He asked whether such a provision still existed, why
there was no report thereon, what it meant in practice, whether it could be
invoked in court and whether there were any court rulings in that respect.
467. With respect to article 1, paragraph 4, of the Convention, a member drew

attention to the fact that there was no indication in the Constitution
concerning the implementation of the provision.
468. With regard to article 4 of the Convention, it was further indicated that
the core document referred to several institutions that were established for the
protection of human rights, including the Presidential Commissioner for Human
Rights and the Office of the Procurator for the Protection of Human Rights. A
detailed explanation was requested of their functions, mandates, activities and
relationships with the judiciary and Parliament. The delegation was also asked
about the possibility of invoking the Convention in courts of law and noted that
while the requirements of article 4 (a) of the Convention appeared to be met by
article 406 of the Criminal Code, article 4 (b) of the Convention had not been
implemented. A question was posed whether there had been any improvement in the
situation of communities of former refugees repatriated from neighbouring
countries, which apparently faced obstacles posed by the military with regard to
supplies and freedom of movement.
469. A member drew attention to the fact that there was also no indication in
the Constitution concerning the implementation of the guarantees contained in
article 2 of the Convention, including whether the rights to life, personal
security and ownership of property were enjoyed in practical terms.
470. It was also noted that no information was provided with respect to the
implementation of article 5 of the Convention.
471. With respect to article 6, concern was expressed that politically motivated
acts of violence continued to take place with impunity, since they were rarely
followed by an official investigation. In view of that situation, members
expressed grave concern over the adoption of the Amnesty Law and the failure to
exclude those who had violated human rights from serving in the military, the
national police, the judiciary or other branches of Government. They also
commented on the lack of information in the report on developments in the human
rights situation since the signing of the 1992 Peace Accord, whereas the
Committee had received information from other sources according to which past
violators of human rights enjoyed impunity and that violations had been
committed by the new civilian police. It was asked whether any specific plans
were in place for reparations, compensation and other action to guarantee that
human rights violations would not be repeated. Specific information was
requested regarding the implementation of the right to effective remedy, as
provided for in article 6 of the Convention.
472. In connection with article 7, it was also pointed out that while the report
asserted that under the 1983 Constitution international treaties had force of
law and could be invoked in court, it was not in the juridical culture of El
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Salvador to invoke international treaties. It was asked whether this was not an
indication of poor dissemination of information. One member emphasized the
importance of training law enforcement officials, on which the views of the
Committee were elaborated in its General Recommendation 13. The question was
asked what actions had been taken towards such training and what influence such
training had on the protection of human rights in the State party.
473. Information was requested concerning migratory movements, particularly of

refugees, both from the State party in other countries and those seeking refuge
in the State party from other countries. It was suggested that the State party
undertake a study of its obligations under articles 2 to 7 of the Convention.
Other members expressed the view that the civil war was all the more reason for
stronger international supervision of the situation in the State party. One
member requested further explanation of article 406 of the Penal Code and
requested information on what would happen in October when ONUSAL was to
withdraw from the territory of the State party.
474. Members of the Committee also requested that the State party accept the
amendment to article 8, paragraph 6, of the Convention regarding financing of
the Committee and to submit its instrument of acceptance to the
Secretary-General at an early date. Some members recommended that the State
party consider making a declaration of acceptance of article 14 to recognize the
competence of the Committee to receive individual communications.
475. One member described his participation in a needs assessment mission to the
State party at the end of May and early June. The mission was organized by the
Centre for Human Rights and took place within the framework of its technical
cooperation programmes. He explained that the independent expert on the human
rights situation in El Salvador had recommended that the Commission end the
process of monitoring and embark on the provision of advisory services.
Advisory services were recommended with respect to the consolidation of the
parliamentary process, reform of the organs of control over society, including
the security forces and civil police, development of new laws and definition of
the future role of the Procurator for Human Rights with regard to minorities.
The member explained that the mission was in response to the State’s request for
technical assistance, that the information obtained during the mission was
currently being analysed by the Centre and that a report would be available when
that analysis was concluded.
476. In response to the questions and comments of the members of the Committee,
the representative of the State party stated that the civil war had impeded the
fulfilment of its obligations under the Convention. He confirmed that the
article prohibiting racial discrimination had been maintained in the 1983
Constitution.
477. The representative explained that the statement in the report that
El Salvador had no significant indigenous populations was due to methodological
difficulties in identifying and assessing the situation of indigenous persons.
He stated that the characteristics used elsewhere to identify ethnic groups,
such as special clothing, religious traditions or the use of native languages,
were not evident in El Salvador. He further explained that an intensive process
of assimilation had been taking place since the Spanish conquest. The civil war
served to further scatter the indigenous communities with the effect that they
were now very difficult to trace and had become, in that sense, invisible.
478. The representative stated that the Government was aware that indigenous
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populations existed and was making a concerted effort to preserve indigenous
cultures and languages. More attention would be paid to the process called
transculturation as well as to appropriate methods of identifying indigenous
persons, perhaps with the assistance of the Centre for Human Rights. He pledged
that a report would be submitted to the Committee in 1996 describing
developments in those efforts.
479. With respect to article 4, the representative further stated that the
provision in the Criminal Code which defined as an offence the incitement to
hatred against specific groups had not been altered. He agreed to provide
information on the number of cases involving that provision after consulting the
authorities. There were no court cases invoking the Convention to date, but
training for judges and lawyers on the use of international law was being
provided by the Supreme Court.
480. In response to questions regarding the role of the public security forces
in relation to articles 6 and 7 of the Convention, the representatives explained
that a new Ministry of Public Security had been established in June 1995 and
that the training of police was undertaken by the new Public Security Academy.
It was hoped that new disciplinary regulations for the National Civil Police
would be approved within the month. Further, action had been taken to
accelerate the investigation of 117 cases of serious offences.
481. Regarding migratory movements, the representatives informed the Committee

that approximately 200,000 persons had left the country to seek refuge in
neighbouring countries. All had returned under a voluntary repatriation plan,
which was recognized as successful by the United Nations High Commissioner for
Refugees. However, there were about 500,000 persons who had been internally
displaced as a result of the conflict, which undoubtedly affected some
indigenous communities, in addition to a number of refugees from Honduras
currently in El Salvador.
482. With respect to the withdrawal of ONUSAL, the representative responded that
the withdrawal was a decision of the Security Council reflecting the belief that
the peace process had become irreversible and now rested with the people and
Government of El Salvador to continue. A respected expert in human rights had
been appointed as Procurator for the Protection of Human Rights; her office
functioned with full powers to promote and protect human rights as provided for
in article 194 of the Constitution and its implementing legislation. It had
already begun to receive complaints of human rights violations, a function
previously performed by ONUSAL. The Committee’s observations had been noted and
efforts would be made to include all the information requested by the Committee
in the next periodic report.
(a) Introduction
484. The submission of the third to eighth periodic reports of El Salvador,

which were combined in a single document, is welcomed. Appreciation is
expressed for the opportunity to re-establish the dialogue between the Committee
and the State party since the consideration of the combined initial and second
periodic report in 1984, as well as for the constructive nature of the
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discussion. Appreciation is also expressed for the oral answers which the
delegation provided to questions raised by members of the Committee.
485. The new era of peace and democratization that has recently been established
in the State party following 11 years of civil war is a welcome development, as
is the signing of the Agreement on Human Rights in July 1990. The Agreement
establishes a basis for certain rights and freedoms being overseen by a human
rights verification mission. This development will reinforce action against
486. It is noted with satisfaction that several institutions have been

established with constitutional and legal authority to defend human rights,
specifically the Office of the Procurator for the Protection of Human Rights,
the Presidential Commissioner for Human Rights, the Department of Human Rights
within the Supreme Court of Justice and the Commission on Justice and Human
Rights under the Legislative Assembly.
487. Note is taken of the fact that, under the Constitution of 1983,
international treaties, including the International Convention on the
Elimination of All Forms of Racial Discrimination, are granted a higher status
than domestic law and may be invoked in the courts.
488. The State party’s request for advisory services and technical cooperation
from the Centre for Human Rights is noted with appreciation. In this
connection, it is also noted that the programme which has been organized for
El Salvador contains important elements, including the strengthening of human
rights institutions and education and training for officials involved in the
protection of human rights.
489. It is regretted that the possible deficiencies raised in connection with

the second periodic report have not been corrected in the present submission,
particularly the lack of information regarding the protection of specific rights
and action taken under the specific articles of the Convention and the reports’
general non-conformity with the guidelines of the Committee for the preparation
of State party reports. These problems continue to impede its ability to
monitor the fulfilment of the State party’s responsibilities under the
Convention.
490. The assertion of the State party that, because there are no physical
distinctions between the indigenous population and the population as a whole,
and because the number of indigenous persons is insignificant, no racial
discrimination exists in the State, is not acceptable. The Government’s failure
to acknowledge the existence of persons of indigenous ethnic origin makes it
difficult for the Committee to evaluate the implementation of the Convention.
491. It is regretted that no references to the rights of indigenous persons are

made in the Constitution, including their right to participate in decisions
affecting their lands, culture, traditions and the allocation of natural
resources.
492. Deep concern is expressed at the lack of effort by the authorities to

collect information regarding the situation of indigenous ethnic and other
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minorities which could serve as an indication of the practical implementation of
the Convention, particularly when there appears to be clear evidence that the
indigenous minorities live in conditions of extreme economic marginalization.
493. The Committee recommends that the State party actively foster a legal
culture that effectively protects human rights by disseminating as widely as
possible information on the international human rights treaties to which it is
party, among the authorities responsible for the protection of human rights as
well as among the general public.
494. The Committee suggests that the State party take steps to ensure effective
coordination between the institutions established in the areas of human rights
and requests detailed information in the next periodic report on the legal
functions of these institutions, in particular the Procurator for the Protection
of Human Rights, their activities undertaken so far and the relationships with
each other and with the judiciary and Parliament. It specifically requests
information in the ninth periodic report of the State party on the actual and
envisaged roles of these institutions in the protection of the rights of
indigenous and other minorities.
495. The Committee recommends that reliable quantitative and qualitative

information be systematically collected and analysed to evaluate progress in the
elimination of racial discrimination and to monitor closely the situation of
marginalized persons and groups. It recommends that detailed demographic
information be submitted in the next periodic report on the categories of
persons enumerated in article 1 of the Convention and in conformity with
paragraph 8 of the Reporting Guidelines. The Committee specifically recommends
that information be included in that report on the present situation of
indigenous people, which at the time of the last census in 1930 numbered
approximately 50,000.
496. The Committee recommends that the State party request, as part of the
technical cooperation programme currently being implemented in conjunction with
the Centre for Human Rights, assistance with the collection of relevant
information on the economic and social situation and the legal status of
individuals belonging to ethnically distinguished groups in El Salvador, and
with the preparation of reports to be submitted to the treaty bodies. It
suggests that the State party undertake a thorough review of its obligations
under, and its own compliance with, articles 2 to 7 of the Convention. It
suggests that technical assistance may also be requested from the Committee in
connection with such a review.
States Parties.
498. The Committee recommends that the State party’s ninth periodic report, due
on 30 December 1996, be a comprehensive report.
Nicaragua
499. The fifth, sixth, seventh, eighth and ninth periodic reports of Nicaragua,
submitted in one document (CERD/C/277/Add.1), were considered by the Committee
at its 1110th and 1111th meetings, held on 7 and 8 August 1995 (see
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CERD/C/SR.1110-1111).
referred to the tragic events that had affected his country, in particular the
political struggles that had given rise to civil wars and dictatorships. With
the election in 1990 of Mrs. Chamorro, the candidate of a coalition of 14
political parties, Nicaragua had embarked on a process of transition towards
economic and social reconstruction, strengthening of democracy and national
reconciliation. To that end, the main programmes being implemented by the
authorities related to combating poverty, decentralization and encouraging the
establishment of small- and medium-sized businesses. The process was fraught
with difficulties, however, due to the country’s poor economic and social
situation, with the highest rate of external indebtedness in the world, a very
low GDP and a very high birth rate (3.7 per cent).
501. Article 5 of the 1987 Constitution, amended in 1995, enshrined the

principle of political, social and ethnic pluralism, by recognizing for the
first time the existence of indigenous populations who thus enjoyed
constitutional rights and guarantees, in particular the right to preserve their
identity and their culture, to adopt their own social structure and administer
their local affairs and to maintain community forms of land ownership, enjoyment
and use. Article 121 of the Constitution stipulated that the indigenous
populations of the Atlantic Coast regions were entitled to a multicultural
education in their region. Most of the ethnic groups in Nicaragua lived in the
two Atlantic Coast regions and were composed chiefly of mestizos, Miskitos,
Creoles, Sumus and Ramas. Those regions were the least densely populated in the
country, with a population that was 35 per cent urban and 40 per cent rural,
with the rest living in scattered areas.
502. The legal system set up by the authorities in 1986 to protect the
minorities in accordance with the Convention was described in detail in the
report, in particular the relevant provisions of the Constitution and Act
No. 28, the Autonomy Statute of the Atlantic Coast Regions of Nicaragua. The
latter provided for the establishment of Governments of the Autonomous Regions,
comprising a Regional Council, a Regional Coordinator and municipal and communal
authorities, with decision-making power regarding the use of natural resources.
503. Thanking the representative of Nicaragua for the additional information he

had provided in introducing the report, the Committee expressed its satisfaction
at the resumption of dialogue with Nicaragua, but noted with regret that the
report did not contain specific information on the implementation of the
anti-racial-discrimination legislation and the Convention. The Committee
reminded the representative of Nicaragua that regularity in submitting periodic
reports under the Convention (every two years) was essential for an effective
dialogue with the Committee.
504. Regarding the general part of the report, the members of the Committee
requested more information on the composition and operation of the Nicaraguan
Institute for the Development of the Autonomous Regions (INDERA) and up-to-date
information on the indigenous populations, in particular their composition,
geographic location and economic situation, throughout the territory of the
country. The members of the Committee pointed out that the report contained
information on the ethnic minorities of the Atlantic Coast only and asked about
the other minorities and indigenous groups living in Nicaragua, especially those
on the Pacific coast. They also asked about the status of international
conventions, in particular the International Convention on the Elimination of
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All Forms of Racial Discrimination, in Nicaraguan domestic law.
505. With regard to article 2 of the Convention, the members of the Committee
asked for further information on the policies implemented to combat all forms of
racial discrimination. Concerning article 2, paragraph 2, they also asked for
more information on the effective functioning and strengthening of the powers of
the two Regional Councils set up by the 1987 Autonomy Statute, especially with
regard to conservation and use of natural resources and to their degree of
political and administrative autonomy with respect to the central government in
Managua. Information was also requested on the situation of the special fund
for social development and progress provided for the two Autonomous Regions and
on the amount of financial resources allocated annually by the central
authorities to the operating budgets of the autonomous governments. They also
asked for further information on the draft legislation to be prepared, in
consultation with the indigenous populations concerned, on the rational use and
conservation of the natural resources of the autonomous regions.
506. The Committee noted that the information provided in connection with
article 3 of the Convention was inadequate, inasmuch as practices identical to
apartheid continued to exist in several parts of the world. The members of the
Committee therefore asked for additional information on the measures taken by
the authorities under article 3 of the Convention.
507. With regard to article 4 of the Convention, in view of the lack of

information in the written report, the members of the Committee asked for
further details on the positive legislative steps taken by the authorities,
especially in the criminal sphere, to make all forms of racial discrimination
punishable offences; in that connection, they asked the representative of
Nicaragua whether the Statute on the Rights and Guarantees of Nicaraguans,
mentioned in the previous report, article 22 of which prohibited all propaganda
against peace and any advocacy of national, racial or religious hatred, was
still in force, and if so, whether it was applied and in what context.
508. Noting the lack of information on article 5 of the Convention in the

report, the Committee asked for additional information on the steps taken to
implement that article, in particular the measures adopted, and their
application, to ensure the equality of all before the law and the exercise of
political, civil, economic, social and cultural rights by everyone, without
discrimination.
509. Concerning article 6 of the Convention, the members of the Committee asked
for explanations of the steps taken by the authorities to facilitate the return
and resettlement of the members of indigenous groups who had fled to Honduras
and Costa Rica during the hostilities, in particular long-term measures; they
also asked for information on the functioning of the judicial bodies in the
Autonomous Regions and on the administration of justice in general in those
regions, which according to article 18 of the Autonomy Statute was governed by
special regulations. They also asked what remedies were available in cases of
racial discrimination. Information was also requested on the establishment of
the Human Rights Advocate and on his powers and functions.
510. In connection with article 7 of the Convention, the members of the

Committee asked what were the "cases specified by law" in which, according to
article 11 of the Constitution, "the languages of the communities of the
Atlantic Coast region of Nicaragua shall also be used officially". Since the
relationship of the indigenous peoples of the Atlantic Coast with their land was
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basic to their culture, the members of the Committee asked what was the area of
the inalienable lands of those groups and requested details of the provisions
governing the mineral resources found on them.
511. In response to the questions and comments by members of the Committee, it

was said by the representative of the State party that the Nicaraguan Institute
for the Development of the Autonomous Regions had recently been disbanded, first
because its main function, to bridge the gap between the national Government and
the Atlantic Coast autonomous regions, was no longer relevant as regional
governments and councils had been consolidated, and secondly because the
management of the Institute was primarily handled by representatives of the
Misquito community, thus leading to discontent among the members of other ethnic
groups who felt they were not adequately represented. He said that there were
various indigenous communities in the Pacific coast regions, with populations of
between 14,000 and 28,000 inhabitants, but in general those indigenous
populations had been assimilated into the local community, thereby losing their
traditional cultures and customs.
512. Responding to specific questions regarding the exploitation of natural

resources in the autonomous regions, the representative of the State party said
that the central Government issued the licences, which were subject to the
approval of the Regional Councils. The regional territory could not be yielded
without the prior approval of the Regional Councils, the resulting disputes
between the State and the Regional Councils being dealt with by the Supreme
Court of Justice.
513. The representative added that concerning the bilingual inter-ethnic

education programme, teachers, instructors and leaders and representatives of
indigenous communities were directly involved in its implementation, which had
covered 13,000 children between pre-school age and the fourth grade of primary
school, in 1992. A bilingual teacher-training centre had been set up in Puerto
Cabezas in the North Atlantic Coast region. He added that in the autonomous
regions, the languages spoken by the indigenous communities were used officially
in the administrative organs of the regions, in addition to Spanish;
translations of employment contracts and collective agreements must be
guaranteed and all staff involved in the administration of justice and law
enforcement officials must be able to understand the languages spoken by all
parties involved in a dispute. In the field of technical education, the
Nicaraguan Institute of Technology and a number of indigenous organizations had
organized between 40 and 50 courses aimed at job creation and the enhancement of
technical skills, particularly for the benefit of demobilized persons, returnees
and women heads of household, in about 60 indigenous communities. Some 300
people had participated in workshops designed to encourage the launching of
small-scale projects and micro-enterprises.
514. The representative said that his Government had allocated funds through the
Emergency Social Investment Fund (FISE), which had been promoting the
development of economic and social infrastructures such as bridges, roads,
waterways, educational buildings and health centres and in reforestation
programmes. The Nicaraguan Institute of Energy, with foreign assistance, had
invested US$ 5 million in the previous two years in new electric power plants
designed to improve energy distribution in urban centres such as Bluefields and
Puerto Cabezas.
515. Regarding tourism in the autonomous regions, the Ministry of Tourism was
preparing cultural and environment-friendly tourism programmes, in which members
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of the communities were trained to run the projects, and advisory services were
available for the launching of community-based initiatives.
516. The representative said that a Commission on Ethnic Affairs and Indigenous
Communities had been set up in the National Assembly, all its members being from
the indigenous population; this Commission had prepared the Nicaraguan Plan of
Action for the International Decade of the World’s Indigenous People, comprising
several themes and activities each year until the year 2004.
517. At the same time, the representative emphasized that it was impossible to
redress in such a short period of time the consequences of civil wars, foreign
occupation, dictatorship, natural disasters and negligence on the part of the
central authorities.
518. Concerning Nicaraguan involvement in the international and interregional

protection of the rights of minorities, the representative said that Managua was
the headquarters of the Indigenous Parliament of America, which recently held
the eleventh Inter-American Indigenous Congress, during which the Managua
Declaration was adopted; the Declaration noted the urgency of recognizing the
tenure of land belonging to the continent’s indigenous populations, of
establishing coordinating machinery between States and indigenous populations to
facilitate decision-making on matters concerning those populations, and of
involving indigenous peoples in all aspects of political, legal, economic and
social life. Nicaragua had actively participated in the activities of the
Working Group on Indigenous Populations of the Subcommission on Prevention of
Discrimination and Protection of Minorities since its establishment in 1982 and
it also supported the drafting of a declaration on the rights of indigenous
peoples.
519. The Committee thanked the representative for the supplementary information
provided, but noted that the delegation had failed to explain how it was
complying with article 4 of the Convention.
(a) Introduction
521. Appreciation is expressed for the resumption of the dialogue between

Nicaragua and the Committee, and for the detailed and frank report submitted by
the State party. It is, however, regretted that the report provided
insufficient factual information, especially with regard to the implementation
of the Convention and the related domestic legislation. The delegation which
presented the report is commended for the useful additional information provided
orally, in response to the questions raised and comments made by the Committee
members, and its commitment to provide the Committee with written answers is
most welcome.
522. The armed conflict raging in the country during the past decade, in which
the indigenous populations were, willingly or unwillingly, used as political,
military and strategic tools, dominated the overall human rights picture of the
country, and still has some consequences for the full enjoyment of human rights
by all Nicaraguans, together with the political problems of governance and
economic crisis, which still persist.
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in article 14 of the Convention, and some members of the Committee requested
that the possibility of such a declaration be considered.
524. The Constitution of 1987, which recognizes for the first time the
multi-ethnic character of the Nicaraguan population and grants to all persons
the enjoyment of the rights proclaimed in various international and regional
instruments, is welcomed. Other encouraging developments include the provisions
of the same constitution and of Act No. 28 of 1987, known as the Autonomy
Statute, which establishes a special regime of autonomy for two regions of the
Atlantic coast of Nicaragua where most of the ethnic minorities and the
indigenous groups live. The Autonomy Statute recognizes and guarantees, among
other things, the communal form of land ownership of the peoples of the two
autonomous regions and their right to education in their own language.
525. The Committee welcomes the constitutional amendments of 1995, especially

the provisions which emphasize the ethnic pluralism of Nicaragua and reinforce
the rights of the indigenous populations and other ethnic groups of the Atlantic
coast, including the right of the regional councils to approve agreements for
the exploitation of their natural resources.
526. The adoption of the Amparo Act in 1988, providing for the right to habeas
corpus in the constitutional, administrative and criminal spheres, and the
statement made in the report that cultural, social and other factors are taken
into account when members of the indigenous communities are tried, are both
welcomed. Note is taken with appreciation of articles 549 and 550 of the
Criminal Code, inspired by the Convention on the Prevention and Punishment of
the Crime of Genocide.
527. The elections in 1990 and 1994 of the two Regional Councils, which are
granted important functions and powers by the Autonomy Act of 1987, in
particular with regard to the conclusion of agreements between the regional and
central governments on rational use and exploitation of the regions’ natural
resources, are noted with satisfaction, as is the constitutional provision of
1995 to enact a new and more complete law for the autonomous regions.
528. It is noted with appreciation that efforts are being made by the
authorities to set up a multilingual education system in favour of the
indigenous communities, and that, in accordance with Act No. 162, indigenous
languages besides Spanish are of official use in the autonomous regions.
529. The establishment in the constitutional reforms of 1995 of the Office of

Human Rights Ombudsman to inquire into human rights violations and to monitor
the implementation of international human rights instruments ratified by
Nicaragua, such as the Convention, is welcomed.
530. The efforts made by the State party, in cooperation with the United
Nations, to arrange the repatriation and the resettlement of the Miskitos, Sumus
and Creoles who fled to neighbouring countries during the civil conflict, are
commended.
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531. Concern is expressed as to the status of the Convention in the domestic

legal order of Nicaragua and the lack of information about this in the report
and during the oral presentation.
532. It is noted with concern that the State party has not implemented the
provisions of article 4 of the Convention, which call for the adoption of
positive measures and specific penal legislation to combat racial
discrimination.
533. The realization of economic and social rights is a matter of continuous

concern, in particular as the so-called structural adjustment measures and the
privatization of State property have had negative consequences on the enjoyment
of the economic, social and cultural rights of the Nicaraguan people, especially
on its most vulnerable sectors and among them the indigenous communities.
534. It is regretted that insufficient information was provided on the

implementation of articles 5 and 6 of the Convention, in particular on specific
provisions of the domestic legislation adopted to implement these articles and
on the number of complaints of racial discrimination brought before the courts.
535. Concern is expressed at the ratio of communal land to private land in the
autonomous regions, with particular regard to the mining rights and at
inequalities in the sharing of the benefits of the exploitation of natural
resources in the autonomous territories between the regional and the central
authorities.
536. Further concern is expressed at the lack of adequate consultation with the
regional authorities in the decision-making process by the central authorities,
thus leading to insufficient participation of the indigenous groups in decisions
affecting their land and the allocation of the natural resources of their land,
their cultures and their traditions.
537. The Committee recommends that the State party implement the obligations
under the provisions of article 4 of the Convention.
538. In view of the importance of measures in the fields of teaching, education,

culture and information to combat prejudices which lead to racial discrimination
and to promote understanding, tolerance and friendship among racial and ethnical
groups, the Committee recommends that the State party take all necessary
measures in those fields in accordance with article 7 of the Convention.
539. The Committee recommends that, in its policy-making on matters relating to

racial discrimination at large, the Government take into account the general
recommendations adopted by the Committee, including those relating to the
establishment of a national commission for the purpose of facilitating the aims
and purposes of the Convention (general recommendation XVII (42)) and to the
training of law enforcement officers (general recommendation XIII (42)).
States Parties.
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541. The Committee recommends that the State party’s tenth periodic report, due
on 17 March 1997, be a comprehensive report.
United Arab Emirates
542. The Committee considered the eleventh periodic report of the United Arab
Emirates (CERD/C/279/Add.1) at its 1113th meeting, on 9 August 1995 (see
CERD/C/SR.1113).
asked the Committee to excuse his Government’s absence from the Committee’s work
for a number of years and the late submission of the periodic report, which was
due to external circumstances and to administrative factors. He recalled that
his country was a young country, which had not gained its independence until
2 December 1971.
544. He explained that the Constitution and a number of legislative provisions,

some of them enacted under the British Protectorate, guaranteed all persons
within the territory of the United Arab Emirates freedom of opinion and
expression, religious freedom and the right of appeal to the courts if those
rights were violated.
545. Foreign communities in the United Arab Emirates had the right to open
private schools providing instruction in their own language and according to
their own methods. In 1980, a labour relations act had been adopted. The
United Arab Emirates had also ratified a number of ILO Conventions such as
Conventions Nos. 1, 29, 81 and 89. In 1981, Act No. 20 had been adopted,
guaranteeing the freedom to form occupational associations without State
interference.
546. The United Arab Emirates also provided considerable development cooperation
assistance, in particular to Africa.
547. The members of the Committee welcomed the presence of a high-level

delegation to re-establish the dialogue on the implementation of the Convention
in the State party. They noted with regret, however, the long delay in
submitting the periodic report, which was the first since 1986. They also
pointed out that there were many gaps in the report, particularly with regard to
statistics on the composition of the population and the socio-economic situation
of the various population groups, and that it had not been drawn up according to
the Committee’s guidelines for the preparation of reports. However, some of
those gaps had been filled in by the delegation’s oral explanations.
548. The members of the Committee asked for a more detailed explanation than was
given in the Government’s report regarding the status of the Convention in the
internal legal order.
549. One obvious deficiency noted concerned the application of article 4 of the
Convention. Although offending against religious beliefs and defamation were
punishable, it was difficult to treat such offences as racist propaganda or
incitement to racial discrimination. Consequently, the members of the Committee
urged the Government to review its legislation and ensure that it was in
conformity with article 4 of the Convention.
550. With regard to the application of article 5 of the Convention, members of

the Committee asked to what extent foreign workers - who, according to some
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sources, made up 80 per cent of the total labour force - were entitled to have
their children join them and to have them educated in their own language, and
whether those children were free to practise their religion. They also asked
which countries had bilateral agreements with the United Arab Emirates regarding
the status of foreign workers and what was the content of those agreements. The
members of the Committee expressed their deep concern at information from
various sources that foreign workers, particularly women from Asian countries,
were subjected to inhuman treatment, and asked for clarification in that regard.
They also asked whether aliens living in the United Arab Emirates had the right
to assemble freely and practise their culture.
551. The members of the Committee asked about the current situation of the four
Indian citizens living in the United Arab Emirates who had been sentenced to
imprisonment by the authorities for having insulted Islam in a theatrical
performance given by an Indian association in 1992. They also asked about the
situation of the three aliens arrested in 1993 for anti-Islamic activities.
552. Clarification was requested regarding the remedies available to victims of

racist acts: were such offences dealt with by the secular or Islamic courts?
Could the Convention be invoked directly by individuals before the Islamic
courts? Had the Convention ever been invoked before any court?
553. Replying to the Committee’s questions and observations, the representative

of the State party said that the Committee would be provided with full
statistics and written replies to some of its questions.
554. Regarding the status of the Convention in the internal legal order, under
article 120 of the Constitution, the President of the Federal Supreme Council
approved international instruments by decree, and any decree approving an
international treaty was enforceable and could be invoked before the courts like
any other law. The International Convention on the Elimination of All Forms of
Racial Discrimination had thus far never been invoked before a court.
555. With regard to article 4 of the Convention, the delegation assured the
Committee that it would endeavour to encourage the legislature to enact special
legislation implementing that article.
556. With regard to article 5, the representative of the State party explained
that, with the exception of political matters and the acquisition of
nationality, aliens living in the United Arab Emirates enjoyed the same rights
as nationals.
(a) Introduction
558. Resumption of the dialogue with the State party, which had submitted no
report since 1986, and the presence of a high-level delegation are noted with
satisfaction. Note is also taken of the quality of the dialogue and the
constructive spirit of the delegation.
in article 14 of the Convention, and members of the Committee requested that
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consideration should be given to the possibility of making that declaration.
560. The legislation adopted in accordance with the Convention since the last
periodic report was submitted, in particular that concerning the right of
foreign communities established in the territory of the State party to open
private schools for teaching in their mother tongue and that concerning labour
relations, is noted with satisfaction.
561. Appreciation is also expressed for the useful information presented orally
by the delegation, including the promise that consideration would be given to
introducing legislation to implement article 4 of the Convention.
562. Note is also taken of the readiness of the delegation to submit to its
Government the concerns of the Committee with regard to certain inadequacies in
the legislation.
563. Owing to the inadequacy of the information contained in the report of the
State party concerning legislative, judicial, administrative or other measures
taken to give effect to the Convention, the Committee is unable to form an exact
idea of the progress achieved in implementing the Convention.
564. It is noted with concern that the provisions of article 4 of the Convention
are not reflected in the country’s national legislation. It is recalled in this
connection that penal legislation should contain specific provisions against
racist acts.
565. Although information was provided on mother-tongue education and on access

to health and work, more information is needed about the implementation of other
aspects of article 5 of the Convention.
566. Keen concern was expressed as to the allegations of ill-treatment of

foreign workers, including women domestic servants of foreign origin. The
delegation clarified certain aspects of this question, which should nevertheless
be given special attention.
567. The information provided by the State party regarding effective remedies
against any acts of racial discrimination is insufficient.
568. The Committee requests the Government of the State party to provide in its
next report the information whose absence or insufficiency has been noted.
569. The Committee recommends that the State party discharge all the obligations
set out in article 4 of the Convention. The Government should to that end take
into account the Committee’s General Recommendation XV.
570. The Committee recommends that the State party show the utmost diligence in
preventing acts of ill-treatment being committed against foreign workers,
especially foreign women domestic servants, and take all appropriate measures to
ensure that they are not subjected to any racial discrimination.
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article 8, paragraph 6, of the Convention, as adopted by the Fourteenth Meeting
of States Parties.
572. The Committee recommends that the twelfth periodic report of the State
party, due on 21 July 1997, be comprehensive.
United Republic of Tanzania
573. At its 1112th meeting, on 9 August 1995, the Committee examined the
implementation of the Convention by the United Republic of Tanzania on the basis
of the previous report of the State party (CERD/C/131/Add.11), its consideration
by the Committee (CERD/C/SR.817) and the oral information provided by the
representative of the State party (see CERD/C/SR.1112).
574. The members of the Committee welcomed the important changes that have taken
place in the last several years, such as the entry into force of the amended
Constitution, providing for a multi-party system, and the scheduling of the
first multi-party elections for October this year. They also noted that some
political and economic reforms were introduced in the country, in particular in
the agricultural sector, with the aim of stimulating the overall economic
growth.
575. It was noted that, though the Government asked in 1994 for the postponement
of the submission of its eighth to eleventh periodic reports until the
information on the recent substantive changes that occurred in the country were
incorporated, no report had yet been received by the Committee. This meant that
the United Republic of Tanzania had not fulfilled its obligation under
article 9, paragraph 1, of the Convention. However, the presence of a
representative of the State party to participate in the discussion with the
Committee and the oral information he gave and the comprehensive answers
provided to the questions raised by Committee members was a welcome sign that
the United Republic of Tanzania wished to continue its dialogue with the
Committee.
576. It was observed that numerous ethnic communities lived in the United
Republic of Tanzania, together with a large minority of Asians, though the
latter seems to decrease in number. Questions were asked about the treatment of
people having originally come from Zanzibar to the mainland. The official
position of the Government was also noted that the Tanzanian nation has been
"welded together", as stated in the State party’s seventh periodic report
(CERD/C/131/Add.11, para. 6). It was also noticed that the important number of
refugees coming from neighbouring countries Rwanda and Burundi, this number
amounting to 1.4 million according to the representative of the United Republic
of Tanzania, created difficulties for the authorities, especially as regards
their accommodation in the United Republic of Tanzania and their repatriation to
their countries.
577. It was noted that there seemed to be some problems, mainly involving
Christians and Muslims coming from different ethnic communities, relating to
allegations that favouritism is being shown by the authorities towards one
community, in the civil service, government posts and positions, State-owned
businesses and scholarships.
578. The discussion underlined the concern about the availability of free access
to courts and legal remedies in cases of alleged racial discrimination. It was
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stressed that the State party had not implemented the provisions of articles 4
and 6 of the Convention, which call for the adoption of positive measures to
combat racial discrimination.
(a) Principal subjects of concern
580. Concern was expressed at information about the cases of the expropriation
of the lands of members of the Massaï and the Barabaïg communities, within the
framework of the agricultural reforms undertaken by the Government.
581. Concern was expressed at the absence of provisions in the domestic

legislation designed to implement the provisions of article 4 (a) and (b) of the
Convention, and also about how the Convention as a whole was being implemented
by the State party in its national legal system.
582. It was noted with concern that there were reports alleging that the Asians
in the United Republic of Tanzania suffer racial discrimination, and that there
were statements of discrimination between the Christian and the Muslim
communities giving rise to certain concern inasmuch as it was based on ethnic
differences.
(b) Suggestions and recommendations
583. The Committee recommends that the State party in its report provide
information as to which measures it has taken to effectively implement the
Convention in its national legal system.
584. The Committee recommends that the State party include in its next periodic
report information on the changes that occurred in the recent period of time
within Tanzanian political and legal order and the society at large, possibly on
the demographic composition of the population in the United Republic of
Tanzania, on the introduction of legislation to combat racial discrimination in
accordance with article 4, and on the means available to victims of human rights
violations to obtain justice and reparation in accordance with article 6 of the
Convention.
585. The Committee suggests that the Government of the United Republic of
Tanzania avail itself of the technical assistance which the Committee can offer
under the advisory services and technical assistance programme of the Centre for
Human Rights.
States Parties.
Sierra Leone
587. At its 1116th meeting, held on 10 August 1995 (see CERD/C/SR.1115), the
Committee reviewed the implementation of the Convention by Sierra Leone based
upon its previous reports (CERD/C/R.30/Add.43 and 46 and CERD/C/R.70/Add.22) and
their consideration by the Committee (see CERD/C/SR.153, 159, 161, 204 and 215),
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together with the Committee’s previous review at its 921st meeting, on
8 August 1991 (see CERD/C/SR.921 and A/46/18, paras. 279-282). The Committee
once more noted that no reports had been received from the State party since
1974.
588. Members of the Committee once more recalled, in connection with those
previous reports, that the Committee had considered them to be insufficient,
that section 13 (4) (g) of the Constitution then in force had been deemed
incompatible with article 1 (3) of the Convention and that the Committee had
requested the Government to submit additional information on the implementation
of the Convention.
589. The Committee understands that according to section 27 of the 1991

Constitution "no law shall make any provision that is discriminatory either of
itself or in its effect", that this provision covers differential treatment
"attributable wholly or mainly to their respective descriptions by race, tribe,
sex, place of origin, political opinions, colour or creed", but that this
provision "shall not apply" to any law "for the limitation of citizenship".
590. Members concluded that it would not be useful to reopen discussion on the
basis of the previous reports, but that a communication should be sent to the
State noting that an important question had been outstanding since 1974 and
requesting information about constitutional and other developments.
591. The Committee regrets that Sierra Leone had not responded to its invitation
to participate in the meeting and to furnish relevant information. In
concluding the review, the Committee decides that a communication should be sent
to the Government of the reporting State setting out its reporting obligations
under the Convention and urging that dialogue with the Committee should be
resumed as soon as possible.
592. The Committee suggests that the Government of Sierra Leone avail itself of
the technical assistance offered under the advisory services and technical
assistance programme of the Centre for Human Rights.
Somalia
593. At its 1114th meeting, on 10 August 1995, the Committee reviewed the
implementation of the Convention by Somalia (see CERD/C/SR.1114), after having
recalled that at its 949th meeting it had decided to defer further consideration
of the situation in that country. 7/
594. Members regretted that no new report was available to them and that no
State representative was present.
595. Members deplored the prevailing lack of protection for human rights in
Somalia. They called on the Somali people to put an end to their conflicts and
to work for national reconciliation. Members regretted that, despite the advice
of some regional organizations, the international community had ceased its
attempts to restore peace. They expressed appreciation for the continuing
contributions of humanitarian organizations. Finally, members hoped that the
General Assembly would call on the Security Council and all States to halt the
supply of arms to the contending parties.
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596. The Committee decided to reconsider the situation in Somalia again at its
forty-ninth session in August 1996, by which time it hoped to receive additional
information from other United Nations bodies in touch with developments in the
country.
Madagascar
597. At its 1115th meeting, held on 10 August 1995 (see CERD/C/SR.1115) the
Committee commenced its review of the implementation of the Convention by
Madagascar based on its previous report (CERD/C/149/Add.19) and the
consideration thereof by the Committee (see CERD/C/SR.835). The Committee noted
that no new report had been received since 1989. The Committee received a
request from the Government of Madagascar to defer the review from the forty-
seventh to a future session. That request was accepted on the understanding
that the report would be submitted in time for it to be considered at the forty-
eighth session of the Committee. It was decided to have transmitted to the
Government a list of the Committee’s principal concerns with regard to
implementation of the Convention in Madagascar, and to inform the Government
that the Committee expected that the issues listed would be adequately addressed
in the report to be submitted. The Committee also recommended to the Government
that it request technical assistance from the Programme of Advisory Services and
Technical Assistance of the United Nations Centre for Human Rights.
Nigeria
598. The thirteenth periodic report of Nigeria (CERD/C/263/Add.3 and CERD/C/283)

was considered by the Committee at its 1114th and 1116th meetings, held on 10
and 11 August 1995 (see CERD/C/SR.1114 and 1116).
599. The report was introduced by the representative of the State party who said
that one of the major tasks facing the present administration which assumed
power in November 1993 was the restoration of law and order among the diverse
cultural, ethnic and linguistic groups existing in Nigeria. In doing so, the
administration ensured that the fundamental human rights enshrined in the
Nigerian Constitution of 1979 were not unduly tampered with. It also intended
to announce a programme of transition to democratic rule on 1 October 1995. The
representative also referred to the ethnic composition of his country and to the
constitutional provisions devoted to the recognition, promotion and enforcement
of the rights of groups and individuals. He stated that the Federal Government
had made provision for direct funding of the Local Government Councils, that it
had established an Oil Mineral-Producing Areas Development Commission and that
the Nigerian Investment Promotion Commission Decree of 1995 was designed to
attract foreign investment into the country.
600. The representative further referred to measures taken by its Government in

the educational field and for the advancement of women, and stated that under
Section 39 of the 1979 Constitution, Nigerian citizens were guaranteed the
enjoyment of political and civil rights without discrimination. The various
rights enshrined in the Constitution were justiciable and many Nigerians sought
redress in the courts of law when those rights were violated. They were
entitled to legal aid to initiate proceedings. Finally, he stated that measures
to ensure compliance with article 7 of the Convention included the establishment
of the Technical Aid Corps Programme of the Ministry of Foreign Affairs, whereby
young graduates volunteered to serve in developing countries for a given period.
601. Members of the Committee expressed appreciation for the readiness of the
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State party to continue the dialogue with the Committee, for its timely
submission of the report, and for the high level of representation participating
in the discussion. It was observed, however, that Nigeria’s reporting record
showed a lack of continuity in that questions asked in connection with one
report had not been answered in subsequent reports. In addition, the Committee
had received considerable information on the legal framework but rather little
on actual practice; it was stressed that, in reporting, States parties should go
beyond a list of legislative measures and should provide information on their
application in practice.

took note of the difficulties encountered by the Federal Government of Nigeria
in its efforts to promote harmony among the 250 ethnic groups living in the
country, and welcomed the special measures taken or planned by the Government in
that regard. They also noted that section 39 (1) of the 1979 Nigerian
Constitution provided for the protection of citizens against discrimination, but
did not cover non-citizens or provide protection against discriminatory actions
or practices outside the governmental sector. In addition, it was observed that
it was not clear which constitutional provisions were currently in force.
603. With regard to article 2 of the Convention, reference was made to numerous
allegations of discrimination and other violations of human rights on grounds of
ethnic origin which had been brought to the attention of the Committee by
non-governmental organizations. According to those allegations, the Nigerian
security forces would have committed a series of human rights abuses, including
killings, torture and massive arrests, particularly against the Ogoni ethnic
group; the Federal Government was alleged to have fomented ethnic antagonism and
to tolerate a situation of impunity with respect to the perpetration of human
rights abuses. It was therefore asked whether there had been any investigation
on whether in Ogoniland unlawful orders had been given, what measures the
Government had taken to consult ethnic groups about their grievances, whether
there was a problem of "tribalism" in the country and, if so, what policy the
Government was undertaking to mitigate it. Detailed information was also
requested on the action taken recently against the Movement for the Survival of
the Ogoni People and, in particular, against Mr. Ken Saro-Wiva, leader of the
Movement arrested in May 1994, and against other members of the Movement
arrested in August 1995. In addition, further details were requested as to how
national integration was being actively encouraged, how the Government viewed
the aspirations of the various ethnic groups and the movements for their
survival and what it was doing or intended to do to accommodate their views. It
was further asked what measures were being taken to preserve the identity of the
ethnic groups affected by the changes and deterioration of their environment,
how the distribution of revenue was actually regulated and why the benefits from
the use of natural resources were not equitably shared among the population as a
whole and, more particularly, among the people from whose land they were
extracted. It was also asked why the Nigerian Government had refused to
authorize a non-governmental organization to conduct an investigation into the
situation in Ogoniland in 1994. It was pointed out, in this connection, that a
glaring discrepancy existed between information on the situation in Nigeria
contained in the report and that provided by reliable non-governmental sources.

acknowledged the leading role of Nigeria in the struggle against apartheid and
in its dismantling. In this connection, information was requested on what
Nigeria was currently doing at the international level to honour its commitment
to combat racial discrimination, and, in particular, to provide assistance in
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many areas of Africa for the solution of ethnic conflicts.
605. With regard to article 4 of the Convention, members of the Committee

pointed out that specific penal provisions should be enacted by Nigeria in order
to fully comply with the provisions of that article, and that precise
information on the progress made in this regard should be included in Nigeria’s
next periodic report. It was asked, in particular, whether the Government had
concluded its review of how to unify the Criminal Code that operated in the
south and the Penal Code that operated in the north of the country, what was the
status of the Convention in Nigerian domestic law and whether its articles could
be invoked directly before the court.
606. With reference to article 5 of the Convention it was asked how the verdict
was determined in criminal trials, whether there were complaints of ethnic bias
in court proceedings, whether threats were ever made to the security of persons
because of their ethnic origin and how effective was the remedy obtained in the
case of discrimination in general, and discrimination in employment, in
particular. More information was requested on the establishment and functioning
of civil disturbances special tribunals to try certain types of offences, the
judgements of which were without appeal. It was observed that because there was
no avenue of appeal from the decisions of such tribunals their operation might
infringe the right to equal treatment provided for by article 5 (a) of the
Convention. Information was also requested on the reply of the Nigerian
Government to the International Labour Organization with regard to the expulsion
of Chadian workers, and on any measures that prohibit political activities and
limit press freedom. Information was further requested on any plans affecting
ethnic relations that might feature in the restoration of civilian rule.
607. Referring to article 6 of the Convention, members of the Committee wished

to receive examples of judgements passed in application of section 39 of the
1979 Constitution relating to measures to combat racial discrimination. They
also wished to know more about the circumstances in which persons had applied to
a court for the redress of alleged violations of fundamental human rights, what
action the Government had taken in that regard, and what was the relationship
between the Federal Court of Appeal and the Shariah Court of Appeal.
Information was requested on the Legal Aid Scheme and the modifications made in
it. In addition, members of the Committee wished to receive details of decrees,
other enactments and court rulings relating to the punishment of violations of
civil liberties and acts of racial discrimination and description of remedies
available.
608. With regard to article 7 of the Convention, members of the Committee wished
to know how, in practice, law enforcement officials were trained to face
situations of ethnic conflict, how ethnic discrimination was avoided in their
recruitment and whether they were given training in the area of human rights and
the prevention of discrimination. They also wished to know how the Government
intended to foster the idea of tolerance, responsibility and cooperation among
ethnic groups and what was the legal status of associations representing ethnic
groups.
609. In their replies, the representatives of Nigeria stated that the

allegations of human rights violations perpetrated by the security forces
against the Movement for the Survival of Ogoni People in general were
groundless. Those members of the Movement who had been arrested were charged
with criminal offences. They were part of a group which had transformed the
originally peace-loving and constitutionally minded Movement into a violent one.
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No representatives of any organization, national or international, had been
prevented from visiting Ogoniland. With regard to the question on revenue
distribution, the representatives indicated that the trend was for the Federal
Government’s share of revenue to decrease while that of States and local
governments increased. They also referred to various measures introduced by the
Government to minimize environmental degradation in the areas where hydrocarbons
were extracted.
610. With regard to article 4 of the Convention, the representatives referred to

the committee set up by the Federal Government to review and reform the Criminal
Code and assured the Committee that it would be informed of the results of the
review and reform procedure.
611. Referring to article 5 of the Convention, the representatives enumerated

the fundamental human rights enshrined in the 1979 Constitution which had not
been suspended under military rule. They also stated that the establishment of
the civil disturbances Special Tribunal had been prompted by the level of damage
and the nature of the crimes committed in the north of the country. They added
that the rights of the defendant were the same in all tribunals without
exception. The representatives further stated that political associations
recently created would have an opportunity to transform themselves into
political parties in preparation for future elections, and that freedom of the
press was guaranteed in the country.
612. With reference to article 6 of the Convention, the representatives

indicated that under the 1979 Constitution a Public Complaints Committee and a
Code of Conduct Bureau had been established, both of which were still operating
and had authority to enforce their decisions. The Public Complaints Committee
had wide powers to deal with allegations of unfair treatment of members of the
public by civil servants as well as grievances concerning both public and
private enterprises and employers.
(a) Introduction
614. The will and the readiness of the State party to continue the dialogue with
the Committee are welcomed. The regularity of the submission of reports by the
State party, in accordance with article 9 (1) of the Convention is appreciated.
The attendance of a high-level delegation and the further information submitted
are also welcomed.
in article 14, and some members requested that the possibility of such a
declaration be considered.
616. The recognition by the delegation of the existence in Nigeria of more than
250 groups distinguished by ethnic origin and the preoccupation of the
Government to assure harmonious and peaceful relations between these groups are
well noted.
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617. The leading part played by Nigeria in the struggle against apartheid is
acknowledged with satisfaction.
618. The Nigerian educational programmes which implement the provisions of

article 7 of the Convention are welcomed.
619. Since some ethnic tensions have been associated with ecological changes,
the Committee welcomed the statement on the action taken to ameliorate the
ecological and developmental situation in the oil-producing areas of the
country, including the establishment of the Oil Mineral Producing Areas
Development Commission and the direct allocation of compensatory payments.
620. Concern is expressed that the record of Nigeria’s reporting shows that many
questions raised in connection with previous reports have not been fully
answered in subsequent reports.
621. It is noted that not all the grounds of discrimination listed in

article 1 (1) of the Convention are covered by the Constitution and legislation
of the State party.
622. Concern is expressed at the delay in introducing legislation in

implementation of the provisions of article 4 of the Convention.
623. Concern is expressed that while the report and the further information
describe the legal framework for action against racial discrimination, little is
said about the implementation in practice of the relevant provisions.
624. Concern is expressed that in circumstances such as those of Nigeria, in

which political and religious differences may easily be associated with ethnic
differences, any breakdown in law and order can exacerbate ethnic tension.
625. Concern is expressed about allegations that agents of the Government have
contributed to ethnic antagonisms in the course of attempts to maintain law and
order, particularly in the Rivers State.
626. Concern is expressed about the training of law enforcement officials in

accordance with the Committee’s General Recommendation XIII.
627. Particular concern is expressed that Decree 12 (Federal Military Government

Supremacy and Enforcement Decree, 1994), stating that "no act of the federal
military government may be questioned henceforth in a court of law" and which
ousts "courts of jurisdiction", can adversely affect proceedings invoking
protection against racial discrimination.
628. Particular concern is also expressed that trial by Special Tribunals, some
of them with no right of appeal, could counter the right to equality before the
law, without distinction as to ethnic origin, in accordance with article 5 of
the Convention.
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629. The Committee recommends that in its next periodic report the State party
should describe the actions it has taken against individuals or groups which
cause disaffection against ethnic groups and to defend the rights of their
members.
630. The Committee recommends that in the course of its current review of its
legislation, the Government give the necessary attention to measures designed to
meet the requirements of articles 1 (1) and 4 of the Convention.
631. The Committee recommends that the Government review the effectiveness of
the protection it provides against racial discrimination in the enjoyment of
civil, political, economic, social and cultural rights in accordance with
article 5 of the Convention.
632. The Committee recommends that the State party investigate situations of
ethnic disorder and the causes thereof, including any possible unlawful orders,
with a view to taking the necessary remedial measures in accordance with the
Convention and to ensure that no one can act with impunity in these
circumstances.
633. The Committee recommends that the Government, when promoting projects of
economic development, undertake the necessary measures to effectively protect
the identity of ethnic groups in the areas concerned.
634. The Committee recommends that the Government review the effectiveness of
the recourse measures which should be available to all persons within their
jurisdiction in accordance with article 6.
States Parties.
636. The Committee recommends that the State party’s fourteenth periodic report,
due on 5 January 1996, be submitted in due time.
Chad
637. The fifth, sixth, seventh, eighth and ninth periodic reports of Chad,
grouped together to form a single document (CERD/C/259/Add.1), were considered
by the Committee at its 1119th meeting, held on 14 August 1995 (see
CERD/C/SR.1119).
638. The representative of the State party supplemented the report orally to a
substantial extent. The representative explained that for several decades his
country had experienced a series of crises characterized by political
instability, the stifling of freedom and an infernal spiral of violence that had
led to the total disruption of the State apparatus.
639. The representative pointed out that the Sovereign National Conference had
drawn up a National Transitional Charter whose basic principles were the defence
of human rights and public freedoms, the establishment of true democracy based
on the separation of powers, multi-party politics and free trade unions and
print media. In that context of growing awareness of individual rights and
fundamental freedoms and of each person’s duties towards society, the National
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Commission on Human Rights had been established in September 1994. It was also
to be noted that non-governmental human rights organizations had been legally
recognized and a large number of international and regional human rights
instruments had been ratified. Such instruments took precedence over domestic
laws in the domestic legal order.
640. The population of Chad consisted of some 200 ethnic groups that fell into
12 major groups.
641. The representative, commenting on the implementation of articles 2 and 5 of

the Convention, said that all Chadian citizens, without distinction as to race,
origin or religion, enjoyed the right to bring legal proceedings, the right to
security of person, the right to freedom of movement and residence, the right to
leave the country and to return to it freely, the right to nationality, the
right to marriage, the right to own property, the right to freedom of conscience
and religion and to freedom of association, the right to work, the right to form
and join a trade union, the right to take part in the country’s cultural life,
and the right of access to any place or service intended for use by the general
public.
642. Concerning article 6 of the Convention, the representative said that there
was no special judicial or administrative procedure ensuring protection against
acts of racial discrimination but that anyone who had been a victim of such acts
could always bring criminal indemnification proceedings.
643. The members of the Committee welcomed the presence of the Chadian
delegation, despite the country’s domestic difficulties and the absence of
permanent representation in Geneva, and expressed their appreciation of its oral
presentation which had very extensively supplemented the periodic report,
thereby constituting practically an additional periodic report. The members of
the Committee regretted, however, that the report had not been drawn up in
accordance with the Committee’s consolidated guidelines on reporting.
644. Commenting on the general context in which the implementation of the

Convention had to be considered, the members of the Committee expressed utmost
concern at information about serious human rights violations occurring in the
State party. Such varied sources as the most recent reports to the Commission
on Human Rights by the Special Rapporteur on extrajudicial, summary or arbitrary
executions (E/CN.4/1995/61 and E/CN.4/1995/111), the report by the Working Group
of the Commission on Human Rights on Enforced or Involuntary Disappearances
(E/CN.4/1995/36), the report of the Secretary-General to the Commission on Human
Rights on persons belonging to national or ethnic, religious and linguistic
minorities (E/CN.4/1995/84), the 1995 report of the Committee of Experts on the
application of ILO Conventions, the observations by the Subcommission on
Prevention of Discrimination and Protection of Minorities and various reports by
Amnesty International, the International League for the Rights of Man and the
Chadian League for Human Rights, attested to summary executions, arbitrary
arrests, disappearances, extrajudicial detention, torture, and the harassment
and intimidation of members of non-governmental organizations working for human
rights.
645. The members of the Committee stressed the largely ethnic character of the
violence characterizing the domestic situation of the State party. Most of the
armed conflict rife in Chad was linked to ethnic issues. Accordingly, the
Special Rapporteur on extrajudicial, summary or arbitrary executions, in an
urgent appeal to the Chadian Government on 26 August 1994, had expressed
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particular concern over information concerning the execution of members of
ethnic minorities. Numerous abuses against civilians, committed by members of
the Republican Guard belonging to the same ethnic group as the President of the
Republic, were also reported. The members of the Committee once again deplored
the continuing impunity enjoyed by the perpetrators of such acts and the
inoperativeness of the judicial system.
646. According to the sources of information mentioned in paragraph 644 above,

ethnic minorities close to power, representing roughly 1 per cent of the
population, exercised a predominant influence over appointments and the
decision-making process in the army and the administration. Furthermore, the
widening gap between the north and the south of the country was reflected even
in the capital where entire districts were said to have been formed composed of
people from the north or from the south. The members of the Committee
reiterated their request for precise socio-economic data in respect of each
major ethnic group.
647. Following those remarks, the members of the Committee expressed a desire to
have precise information regarding the following points: regarding the general
section of the report, what texts had finally been adopted after the beginning
of the process of national reconciliation? What was the position regarding the
reform of the Constitution, the proposed adoption of an electoral code, the
Amnesty Act and the Human Rights Violations Compensation Act? What reforms had
been adopted and implemented to reorganize the security forces and the national
police force and to strengthen the judicial system and protect its independence?
At what date could it be expected that presidential elections would actually be
held? What means of action were actually available to the National Commission
on Human Rights? Had it started operating?
648. In that worrying national context, the members of the Committee

nevertheless noted a few encouraging points, such as the recognition of
non-governmental human rights organizations, some improvement in the exercise of
freedom of opinion and expression and the emergence of a free press.
649. Concerning article 4 of the Convention, members of the Committee recalled

their request for information as to the existence of legislative provisions
recognizing as an offence and punishing acts of racial discrimination within the
meaning of article 1 of the Convention.
650. Information was requested about the measures taken by the Government to
guarantee the effective exercise of remedies through the courts, which should be
available to the victims of acts of discrimination, enabling them to obtain
punishment and effective reparation for such acts, in accordance with article 6
of the Convention. Members of the Committee reiterated in that connection their
concern regarding reports from non-governmental organizations of government and
army interference in the operation of justice, even entailing threats against
magistrates, lack of training and a persistent shortage of resources from which
all the judiciary personnel were suffering and which was paralysing the
institution.
651. The members of the Committee reiterated their request for information as to
the measures taken, in accordance with article 7 of the Convention, to help the
various ethnic communities culturally, educationally and socially and to promote
education to combat racial discrimination. In that connection the members of
the Committee expressed their concern about reports they had received that
members of the "National Civic Campaign", a movement launched by several human
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rights organizations in order to educate the population, particularly with a
view to the next elections, had been the victims of harassment and intimidation.
652. The members of the Committee again suggested that the State party, in that
difficult context, appeal to the United Nations Centre for Human Rights for
technical assistance. It was also suggested that the oral presentation of the
representative of the State party be published in the form of an addition to the
periodic report.
(a) Introduction
654. The Committee observed with satisfaction the desire of the Government of
the State party and its delegation to renew its dialogue with the Committee,
despite the grave domestic problems confronting Chad. It regretted the fact
that the fifth, sixth, seventh and eighth reports had not been submitted within
the specified times and that the ninth periodic report was extremely brief and
did not comply with the Committee’s guidelines for the preparation of reports or
the provisions of the Convention. It was, however, pleased that the oral
presentation by the delegation of the State party - markedly better than the
written report - very extensively supplemented the periodic report.
655. It was noted that the State party had not made the declaration provided for
in article 14 of the Convention, and members of the Committee requested that
consideration should be given to the possibility of making such a declaration.
656. The extensive additional information provided in the delegation’s oral

presentation, both on institutional matters and on the breakdown of the
population and the country’s leading socio-economic indicators, was particularly
appreciated. As a result, the delegation was requested to circulate the text of
its oral presentation as a supplementary report.
657. The Committee noted Chad’s admission to its territory of several

non-governmental human rights organizations, and an improvement in the exercise
of freedom of expression, in the press and elsewhere. It also considered highly
encouraging the recent ratification of a number of international human rights
conventions.
658. Concern was expressed about the allegations of serious human rights
violations in the State party, including violations of the Convention. Concern
was also expressed at the paralysis of the judiciary, associated with the lack
of resources allocated to the courts, the inadequate training given to judges
and political interference.
659. Other causes for concern related to the ethnic aspect of the human rights
violations, the predominant influence of certain ethnic minorities close to the
State within the administration and the army, and the growing antagonism between
the north and south of the country.
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660. The information given on the socio-economic situation of the population was
considered inadequate in the ninth periodic report but much fuller in the
delegation’s oral presentation.
661. The written report also failed to provide enough information on the
existence of legislation giving effect to article 4 of the Convention.
662. As regards the implementation of article 6 of the Convention, the report

had not enlightened the Committee as to the steps taken to ensure the effective
use of remedies so that victims of racial or ethnic discrimination could secure
the punishment of discriminatory acts and compensation for the injury caused.
663. The Committee recommends the State party to provide in its next report, due
on 16 September 1996, fuller information on the practical implementation of the
Convention and to supply written replies to the questions raised orally during
the consideration of the report of Chad, including information on the ethnic
characteristics of the population, in accordance with paragraph 8 of the
guidelines for the preparation of reports.
664. More precise information was requested on the reforms undertaken following
the National Conference intended to begin the process of national
reconciliation: the constitutional reform, the draft electoral code, the
amnesty act, the law on compensation for victims of human rights violations, the
reorganization of the security forces and national gendarmerie, and the
strengthening of the judicial apparatus.
665. The next report should also inform the Committee of the actual lines of
action open to the National Commission on Human Rights and its activities in
terms of the implementation of the Convention.
666. The Committee strongly recommends the State party to make every effort to
ensure that the system of justice functions properly, since that is a necessary
condition for a return to the rule of law. Help in arranging a solid training
programme for judges should be sought from the United Nations Centre for Human
Rights.
667. The Committee considers it to be of the utmost importance to set up a

training programme in humanitarian law and human rights for members of the armed
forces, the police, the national gendarmerie and other State employees.
Assistance could be sought from the United Nations Centre for Human Rights and
the International Committee of the Red Cross.
668. The Committee recommends the State party to ratify the amendments to
article 8, paragraph 6, of the Convention adopted by the Fourteenth Meeting of
States Parties.
B. Statement concerning Israel adopted by the Committee

at its forty-sixth session
669. In a note verbale presented by the Permanent Representative of Israel to

the Secretary-General of the United Nations dated 6 October 1994, surprise is
expressed concerning the Committee’s regret that Israel "has not submitted the
urgent report the Committee requested in its decision 1 (44) of 7 March 1994".
-102-
In this connection Israel drew attention to the materials it submitted on
30 June 1994 and to supplementary information supplied on 8 August 1994, and
requested that these materials be published as Israel’s report to the Committee.
670. In reply, the Committee sent a letter to the Government of Israel

containing the following elements.
(a) The paragraph quoted by Israel from the Committee’s concluding

observations reads in full: "while the Committee acknowledges the information
it has received from Israel through the Secretary-General, the Committee regrets
that Israel has not submitted the urgent report the Committee requested in its
decision 1 (44) of 7 March 1994"; 8/
(b) On 31 March 1994 the Permanent Mission of Israel informed the

Secretary-General that it had established an inquiry committee with respect to
the massacre at the Tomb of the Patriarchs in Hebron and that a copy of the
report of the inquiry committee would be made available to the Committee as a
matter of courtesy and without prejudice to the competence of the Committee in
the matter;
(c) On the basis of this qualification by Israel itself of the materials

supplied, the Committee had good reason to assume that these materials did not
constitute the urgent report the Committee had requested. The Committee’s
assumption was confirmed by the fact that Israel preferred to be absent when the
question was discussed by the Committee;
(d) Now that Israel has indicated that it wishes to see that the materials
supplied to the Committee be treated as the urgent report requested by the
Committee, the Committee is ready to consider these materials on the same
footing as urgent reports requested from other States parties;
(e) Recalling the final paragraph of the concluding observations adopted

by the Committee on 18 August 1994, 9/ the Government of Israel is again
requested to expedite its seventh and eighth periodic reports, due on
2 February 1992 and 1994 respectively, and to include in them a further response
to the observations in question. They should be submitted in time for
consideration at the Committee’s forty-seventh session.
-103-
IV. CONSIDERATION OF COMMUNICATIONS UNDER ARTICLE 14 OF
THE CONVENTION
671. Under article 14 of the International Convention on the Elimination of All

Forms of Racial Discrimination, individuals or groups of individuals who claim
that any of their rights enumerated in the Convention have been violated by a
State party and who have exhausted all available domestic remedies may submit
written communications to the Committee on the Elimination of Racial
Discrimination for consideration. A list of the States parties which have made
the declaration to permit the consideration of such communications can be found
in annex I.B to the present report.
672. Consideration of communications under article 14 of the Convention takes

place in closed meetings (rule 88 of the Committee’s rules of procedure). All
documents pertaining to the work of the Committee under article 14 (submissions
from the parties and other working documents of the Committee) are confidential.
673. The Committee began its work under article 14 of the Convention at its
thirtieth session, in 1984. At its thirty-sixth session (August 1988), the
Committee adopted its opinion on communication No. 1/1984 (Yilmaz-Dogan v. the
Netherlands). 10/ During its thirty-ninth session, on 18 March 1991, the
Committee adopted its opinion on communication No. 2/1989 (Demba Talibe Diop
v. France). 11/ At its forty-second session, on 16 March 1993, the Committee,
acting under rule 94, paragraph 7, of its rules of procedure, declared
admissible and adopted its opinion on communication No. 4/1991 (L. K. v. the
Netherlands). 12/ At its forty-fourth session, on 15 March 1994, the Committee
adopted its opinion on communication No. 3/1991 (Michel L. N. Narrainen
v. Norway. 13/
674. Under article 14, paragraph 8, of the Convention, the Committee shall
include in its annual report a summary of the communications considered by it
and of the explanations and statements of the States parties concerned, together
with the Committee’s own suggestions and recommendations thereon. This
reporting stage has not yet been reached in respect of communications
Nos. 6/1995 and 7/1995, which were placed before the Committee at its forty-
seventh session, in August 1995, and which were sent to the State party
concerned under rule 92 of the Committee’s rules of procedure.
675. On 15 March 1995, the Committee declared inadmissible communication

No. 5/1994 (C. P. v. Denmark). The communication concerned an American citizen
of African origin living in Denmark since 1963, who complained that he and his
son had been the victims of racial discrimination by the police and municipal
authorities of Roskilde and by the domestic judicial authorities. In
September 1990, C. P. had been elected shop steward at the Technical School of
Roskilde; in October 1990, students allegedly began to display signs of racial
hostility towards him, but the authorities did not intervene. Three months
later, he was told to leave his work area immediately for another post, and in
May 1991, after what he referred to as "months of harassment", he was dismissed
by the school.
676. As to events concerning his son, C. P. submitted that four adolescents had
insulted and severely beaten his then 15-year-old son. The local police
allegedly were reluctant to investigate the incident thoroughly. The author
contends that the court proceedings against his son’s aggressors were biased,
and that the defendants were allowed to "distort" evidence in court.
-103-
677. In respect of proceedings related to the author’s dismissal, the Committee
noted that C. P.’s lawyer had been privately retained. Thus, the lawyer’s
inaction or negligence to appeal the judgement at first instance in the case to
a higher court within statutory deadlines could not be attributed to the State
party. Since the author had failed to provide prima facie evidence that the
judicial proceedings had been tainted by racially discriminatory considerations,
and since it was C. P.’s own responsibility to pursue all available domestic
remedies, the Committee concluded that the requirements of article 14,
paragraph 7 (a), of the Convention had not been met.
678. As to the proceedings concerning the aggression against the author’s son,
the Committee noted that the police authorities of Roskilde had taken the
aggressors into custody after the author had reported the incident, and that the
Chief Constable of Roskilde had requested that they be criminally prosecuted.
It further observed that the fact that one of the accused was the son of a court
clerk had been duly taken into consideration in that the authorities had
nominated a substitute judge from another venue to sit on the case.
679. On the basis of these findings, the Committee concluded that there was no
evidence that either the police investigation or the judicial proceedings before
the court of Roskilde or the Eastern Division of the High Court of Denmark were
tainted by racially discriminatory considerations. This part of the
communication thus was equally deemed inadmissible.
680. For the text of the Committee’s decision on communication No. 5/1994, see
annex VIII.
-104-
V. CONSIDERATION OF COPIES OF PETITIONS, COPIES OF REPORTS
AND OTHER INFORMATION RELATING TO TRUST AND NON-SELF-
GOVERNING TERRITORIES AND TO ALL OTHER TERRITORIES TO
WHICH GENERAL ASSEMBLY RESOLUTION 1514 (XV) APPLIES, IN
CONFORMITY WITH ARTICLE 15 OF THE CONVENTION
681. Under article 15 of the Convention, the Committee is empowered to consider

copies of petitions, copies of reports and other information relating to Trust
and Non-Self-Governing Territories and to all other territories to which General
Assembly resolution 1514 (XV) applies, transmitted to it by the competent bodies
of the United Nations, and to submit to them and to the General Assembly its
expressions of opinion and recommendations relating to the principles and
objectives of the Convention in those Territories.
682. At its 1994 session, the Special Committee on the Situation with regard to
the Implementation of the Declaration on the Granting of Independence to
Colonial Countries and Peoples continued to follow the work of the Committee on
the Elimination of Racial Discrimination. The Special Committee also continued
to monitor related developments in the Territories, having regard to the
relevant provisions of article 15 of the International Convention on the
Elimination of All Forms of Racial Discrimination. 14/
683. As a result of earlier decisions of the Trusteeship Council and the Special
Committee, the Secretary-General transmitted to the Committee at its forty-sixth
and forty-seventh sessions the documents listed in annex V to the present
report.
684. At its 1126th meeting, on 17 August 1995, the Committee decided to take
note of the relevant documentation and information submitted to it under article
15 of the Convention and to make the following observations:
"The Committee once again finds it impossible to fulfil its functions

under article 15, paragraph 2 (a), of the Convention, due to the total
absence of any copies of petitions as provided therein. Furthermore, the
Committee found that there was no valid information concerning legislative,
judicial, administrative or other measures directly related to the
principles and objectives of this Convention and, therefore, reiterates its
request that it be furnished with the material expressly referred to in
article 15 of the Convention so that it will be able to fulfil its
functions."
-105-
VI. ACTION BY THE GENERAL ASSEMBLY AT ITS FORTY-NINTH SESSION
685. The Committee considered this item at its forty-sixth session. For its
consideration of the item, the Committee had before it the following documents:
(a) General Assembly resolution 49/145, Report of the Committee on the

Elimination of Racial Discrimination;
(b) General Assembly resolution 49/178, Effective implementation of

international instruments on human rights, including reporting obligations under
international instruments on human rights;
(c) Note by the Secretary-General transmitting to the General Assembly the

report of the fifth meeting of persons chairing the human rights treaty bodies
(A/49/537);
(d) Report of the United Nations High Commissioner for Human Rights
concerning the implementation of human rights instruments; 15/
(e) Relevant summary records of the Third Committee (A/C.3/49/SR.3-8, 17,

22, 33-36, 43, 47, 50, 60, 65, 66);
(f) Reports of the Third Committee (A/49/604 and A/49/604/Add.1).
A. Annual report submitted by the Committee on the Elimination

of Racial Discrimination under article 9, paragraph 2, of
the Convention
686. Members of the Committee noted the renewed support by the General Assembly
for the Committee’s early-warning and prevention procedures and appreciation was
expressed for the commendation for this procedure contained in General Assembly
resolution 49/145. Note was also taken of the general support of member States
for the work of the Committee and for their acknowledgement of its important
role in combating racial discrimination. Committee members welcomed the
encouragement directed by the General Assembly to States which had not yet done
so to ratify the Convention and the amendments concerning funding of the
Committee.
B. Effective implementation of international instruments

on human rights, including reporting obligations
under international instruments on human rights
687. Members of the Committee took note of and welcomed General Assembly
resolution 49/178, by which the Assembly requested the Secretary-General to
finance, as of 1995, annual meetings of the persons chairing the human rights
treaty bodies. Members also welcomed the appreciation expressed for initiatives
taken by treaty bodies to elaborate early-warning measures and urgent
procedures, and note was taken of the recommendation that the treaty bodies
bring situations of massive violations of human rights to the attention of the
United Nations High Commissioner for Human Rights, as well as the Secretary-
General.
-106-
VII. SUBMISSION OF REPORTS BY STATES PARTIES UNDER
ARTICLE 9 OF THE CONVENTION
A. Reports received by the Committee
688. At its thirty-eighth session, in 1988, the Committee decided to accept the
proposal of the States parties that States parties submit a comprehensive report
every four years and a brief updating report in the two-year interim. Table 1
lists reports received from 15 August 1994 to 18 August 1995.
Table 1. Reports received during the period under review

(15 August 1994-18 August 1995)
Date on which the Document

State party Type of report report was due number
Belarus Eleventh report 7 May 1990 CERD/C/263/Add.4

Twelfth report 7 May 1992
Thirteenth report 7 May 1994
Bolivia Eighth report 21 October 1985 CERD/C/281/Add.1

Ninth report 21 October 1987
Tenth report 21 October 1989
Eleventh report 21 October 1991
Twelfth report 21 October 1993
Chad Fifth report 16 September 1986 CERD/C/259/Add.1

Sixth report 16 September 1988
Seventh report 16 September 1990
Eighth report 16 September 1992
Ninth report 16 September 1994
Colombia Sixth report 2 October 1992 CERD/C/257/Add.1

Seventh report 2 October 1994
Denmark Tenth report 8 January 1991 CERD/C/280/Add.1

Eleventh report 8 January 1993
Twelfth report 8 January 1995
El Salvador Third report 30 December 1984 CERD/C/258/Add.1

Fourth report 30 December 1986
Fifth report 30 December 1988
Sixth report 30 December 1990
Seventh report 30 December 1992
Eighth report 30 December 1994
Finland Eleventh report 16 August 1991 CERD/C/240/Add.2

Twelfth report 16 August 1993
Hungary Eleventh report 5 January 1990 CERD/C/263/Add.6

Thirteenth report 5 January 1994
Italy Eighth report 4 February 1991 CERD/C/237/Add.1

Ninth report 4 February 1993
-107-
Date on which the Document
State party Type of report report was due number
Mexico a/ Ninth report 22 March 1992 CERD/C/260/Add.1

Tenth report 22 March 1994
Additional
information 31 July 1995 CERD/C/286
Namibia b/ Second report 11 December 1985 CERD/C/153/Add.1

Third report 11 December 1987
New Zealand Tenth report 22 December 1991 CERD/C/239/Add.3

Eleventh report 22 December 1993
Nicaragua Fifth report 17 March 1987 CERD/C/277/Add.1

Sixth report 17 March 1989
Seventh report 17 March 1991
Eighth report 17 March 1993
Ninth report 17 March 1995
Nigeria Thirteenth report 5 January 1994 CERD/C/263/Add.3

Additional
information CERD/C/286
Additional
information CERD/C/287
Romania Ninth report 14 October 1987 CERD/C/210/Add.4

Tenth report 14 October 1989
Eleventh report 14 October 1991
United Kingdom Thirteenth report 5 April 1994 CERD/C/263/Add.7

of Great Britain
and Northern
Ireland
Venezuela Tenth report 5 January 1988

Eleventh report 5 January 1990
Thirteenth report 5 January 1994
Zaire Third report 21 May 1981 CERD/C/237/Add.2

Fourth report 21 May 1983
Fifth report 21 May 1985
Sixth report 21 May 1987
Seventh report 21 May 1989
Eighth report 21 May 1991
Ninth report 21 May 1993
Zimbabwe Initial report 12 June 1992 CERD/C/217/Add.1
a/ Submitted in compliance with a decision of the Committee taken at its

forty-sixth session, in 1995.
b/ The United Nations Council for Namibia acceded to the International

Convention on the Elimination of All Forms of Racial Discrimination on behalf of
Namibia on 11 November 1982. The second and third periodic reports, due in 1985
and 1987 respectively, submitted in one document (CERD/C/153/Add.1) by the
United Nations Council for Namibia, are pending consideration by the Committee.
The fourth, fifth and sixth reports, due in 1989, 1991 and 1993 respectively,
have not yet been received.
-108-
B. Reports not yet received by the Committee
689. Table 2 lists reports which were due before the end of the forty-seventh
session but which have not yet been received.
Table 2. Reports due before the closing date of the forty-

seventh session (18 August 1995) but which have
not yet been received
Date on which the Number of

State party Type of report report was due reminders sent
Afghanistan Second report 18 May 1986 7

Third report 18 May 1988 5
Fourth report 18 May 1990 5
Fifth report 18 May 1992 2
Sixth report 18 May 1994 1
Algeria Eleventh report 15 March 1993 -

Twelfth report 15 March 1995 -
Antigua and Initial report 25 October 1989 2

Barbuda Second report 25 October 1991 2
Third report 25 October 1993 1
Argentina Eleventh report 5 January 1990 2

Twelfth report 5 January 1992 2
Thirteenth report 5 January 1994 1
Armenia Initial report 23 July 1994 -
Australia Tenth report 30 October 1994 -
Austria Eleventh report 8 June 1993 -

Twelfth report 8 June 1995 -
Bahamas Fifth report 5 August 1984 9

Sixth report 5 August 1986 5
Seventh report 5 August 1988 3
Eighth report 5 August 1990 3
Ninth report 5 August 1992 2
Tenth report 5 August 1994 1
Bahrain Initial report 26 April 1991 1

Second report 26 April 1993 1
Third report 26 April 1995 -
Bangladesh Seventh report 11 July 1992 1

Eighth report 11 July 1994 1
Barbados Eighth report 10 December 1987 5

Ninth report 10 December 1989 5
Tenth report 10 December 1991 2
Eleventh report 10 December 1993 1
-109-
Belgium Ninth report 6 September 1992 1

Tenth report 6 September 1994 1
Bosnia and Initial report 16 July 1994 -

Herzegovina a/
Botswana Sixth report 22 March 1985 9

Seventh report 22 March 1987 6
Eighth report 22 March 1989 4
Ninth report 22 March 1991 3
Tenth report 22 March 1993 1
Eleventh report 22 March 1995 -
Brazil Tenth report 5 January 1988 5

Eleventh report 5 January 1990 5
Bulgaria Twelfth report 5 January 1992 1

Burkina Faso Sixth report 18 August 1985 8

Seventh report 18 August 1987 4
Burundi Seventh report 26 November 1990 1

Eighth report 26 November 1992 1
Ninth report 26 November 1994 -
Cambodia Second report 28 December 1986 6

Third report 28 December 1988 5
Fourth report 28 December 1990 2
Fifth report 28 December 1992 1
Sixth report 28 December 1994 -
Cameroon Tenth report 24 July 1990 2

Eleventh report 24 July 1992 2
Twelfth report 24 July 1994 1
Cape Verde Third report 2 November 1984 9

Fourth report 2 November 1986 6
Fifth report 2 November 1988 4
Sixth report 2 November 1990 3
Seventh report 2 November 1992 1
Eighth report 2 November 1994 -
Central African Eighth report 14 April 1986 7

Republic Ninth report 14 April 1988 5
Tenth report 14 April 1990 5
Eleventh report 14 April 1992 2
Twelfth report 14 April 1994 1
-110-
Chile Eleventh report 20 November 1992 1

Twelfth report 20 November 1994 -
China Fifth report 28 January 1991 1

Sixth report 28 January 1993 1
Seventh report 28 January 1995 -
Congo Initial report 10 August 1989 2

Second report 10 August 1991 2
Third report 10 August 1993 1
Costa Rica Twelfth report 5 January 1992 1

Côte d’Ivoire Fifth report 4 February 1982 14

Sixth report 4 February 1984 10
Seventh report 4 February 1986 6
Eighth report 4 February 1988 3
Ninth report 4 February 1990 3
Tenth report 4 February 1992 2
Eleventh report 4 February 1994 1
Croatia b/ Initial report 8 October 1992 1

Second report 8 October 1994 1
Cuba Tenth report 16 March 1991 1

Eleventh report 16 March 1993 1
Czech Republic Initial report 1 January 1994 -
Dominican Fourth report 24 June 1990 2

Republic Fifth report 24 June 1992 2
Sixth report 24 June 1994 1
Ecuador Thirteenth report 5 January 1994 -
Egypt Thirteenth report 5 January 1994 -
Estonia Initial report 20 November 1992 -

Second report 20 November 1994 -
Ethiopia Seventh report 25 July 1989 2

Eighth report 25 July 1991 2
Ninth report 25 July 1993 1
Fiji Sixth report 11 January 1984 9

Seventh report 11 January 1986 5
Eighth report 11 January 1988 3
Ninth report 11 January 1990 3
Tenth report 11 January 1992 2
-111-
France Twelfth report 27 August 1994 -
Gambia Second report 28 January 1982 14

Third report 28 January 1984 10
Fourth report 28 January 1986 6
Fifth report 28 January 1988 3
Gabon Second report 30 March 1983 11

Third report 30 March 1985 7
Fourth report 30 March 1987 4
Fifth report 30 March 1989 3
Sixth report 30 March 1991 2
Eighth report 30 March 1995 -
Germany Thirteenth report 15 June 1994 -
Ghana Twelfth report 5 January 1992 1

Greece Twelfth report 7 August 1993 -
Guinea Second report 13 April 1980 17

Third report 13 April 1982 13
Fourth report 13 April 1984 9
Fifth report 13 April 1986 4
Sixth report 13 April 1988 3
Seventh report 13 April 1990 3
Eighth report 13 April 1992 2
Ninth report 13 April 1994 1
Guyana Initial report 17 March 1978 21

Second report 17 March 1980 17
Eighth report 17 March 1992 2
Haiti Tenth report 18 January 1992 1

Holy See Thirteenth report 5 January 1994
India Tenth report 5 January 1988 5

-112-
Iran (Islamic Thirteenth report 5 January 1994 -

Republic of)
Iraq Eleventh report 15 February 1991 1

Twelfth report 15 February 1993 1
Thirteenth report 15 February 1995 -
Israel c/ Seventh report 2 February 1992 1

Eighth report 2 February 1994 1
Italy Tenth report 2 February 1995 -
Jamaica Eighth report 5 July 1986 7

Ninth report 5 July 1988 5
Tenth report 5 July 1990 5
Eleventh report 5 July 1992 2
Twelfth report 5 July 1994 1
Jordan Ninth report 30 June 1991 1

Tenth report 30 June 1993 1
Kuwait Thirteenth report 5 January 1994 -
Lao People’s Sixth report 24 March 1985 8

Democratic Seventh report 24 March 1987 5
Republic Eighth report 24 March 1989 4
Eleventh report 24 March 1995 -
Latvia Initial report 14 May 1993 -

Second report 14 May 1995 -
Lebanon Sixth report 12 December 1982 12

Seventh report 12 December 1984 8
Eighth report 12 December 1986 5
Twelfth report 12 December 1994 -
Lesotho Seventh report 4 December 1984 9

Twelfth report 4 December 1994 -
-113-
Liberia Initial report 5 December 1977 21

Second report 5 December 1979 17
Sixth report 5 December 1987 3
Libyan Arab Eleventh report 5 January 1990 2

Jamahiriya Twelfth report 5 January 1992 2
Madagascar Tenth report 8 March 1988 5

Twelfth report 8 March 1992 2
Thirteenth report 8 March 1994 1
Mali Seventh report 15 August 1987 5

Maldives Fifth report 24 May 1993 -

Sixth report 24 May 1995 -
Malta Tenth report 26 June 1990 2

Eleventh report 26 June 1992 2
Twelfth report 26 June 1994 1
Mauritania Initial report 12 January 1990 2

Second report 12 January 1992 2
Third report 13 January 1994 1
Mauritius Eighth report 29 June 1987 6

Ninth report 29 June 1989 5
Tenth report 29 June 1991 3
Eleventh report 29 June 1993 1
Mongolia Eleventh report 4 September 1990 1

Twelfth report 4 September 1992 1
Thirteenth report 4 September 1994 1
Morocco Twelfth report 17 January 1994 -
Mozambique Second report 18 May 1986 7

Third report 18 May 1988 5
Fourth report 18 May 1990 5
-114-
Namibia Fourth report 11 December 1989 2

Nepal Ninth report 1 March 1988 5

Twelfth report 1 March 1994 1
Netherlands Tenth report 9 January 1991 1

Twelfth report 9 January 1995 -
Niger Eleventh report 5 January 1990 2

Norway Twelfth report 6 September 1993 -

Thirteenth report 6 September 1995 -
Pakistan Tenth report 5 January 1988 5

Panama Tenth report 5 January 1988 5

Papua New Guinea Second report 25 February 1985 9

Third report 25 February 1987 6
Fourth report 25 February 1989 4
Fifth report 25 February 1991 3
Sixth report 25 February 1993 1
Seventh report 25 February 1995 -
Peru Twelfth report 30 October 1994 -
Philippines Eleventh report 5 January 1990 2

Poland Thirteenth report 5 January 1994 -
Portugal Fifth report 23 September 1991 1

Sixth report 23 September 1993 1
Qatar Ninth report 16 May 1993 -

Tenth report 16 May 1995 -
Republic of Korea Eighth report 4 January 1994 -
-115-
Republic of Initial report 25 February 1994 -

Moldova
Romania Twelfth report 14 October 1993 -
Russian Twelfth report 5 March 1992 1

Federation Thirteenth report 5 March 1994 1
Rwanda Eighth report 16 May 1990 2

Ninth report 16 May 1992 2
Tenth report 16 May 1994 1
Saint Lucia Initial report 14 February 1991 1

Second report 14 February 1993 1
Third report 14 February 1995 -
Saint Vincent and Second report 9 December 1984 9

the Grenadines Third report 9 December 1986 6
Seventh report 9 December 1994 -
Senegal Eleventh report 18 May 1993 -

Twelfth report 18 May 1995 -
Seychelles Sixth report 6 April 1989 2

Seventh report 6 April 1991 2
Eighth report 6 April 1993 1
Ninth report 6 April 1995 -
Sierra Leone Fourth report 5 January 1976 24

Fifth report 5 January 1978 20
Ninth report 5 January 1986 6
Tenth report 5 January 1988 3
Supplementary 31 March 1975 1
Slovakia Initial report 1 January 1994 -
Slovenia Initial report 6 July 1993 -
Solomon Islands Second report 17 March 1985 9

Seventh report 17 March 1955 -
-116-
Somalia Fifth report 27 September 1984 9

Sixth report 27 September 1986 6
Seventh report 27 September 1988 4
Eighth report 27 September 1990 3
Ninth report 27 September 1992 1
Tenth report 27 September 1994 1
Sudan Ninth report 20 April 1994 -
Suriname Initial report 15 March 1985 9

Second report 15 March 1987 6
Sixth report 15 March 1995 -
Swaziland Fourth report 6 May 1976 25

Seventh report 6 May 1982 13
Eighth report 6 May 1984 9
Ninth report 6 May 1986 4
Tenth report 6 May 1988 3
Eleventh report 6 May 1990 3
Twelfth report 6 May 1992 1
Thirteenth report 6 May 1994 1
Sweden Twelfth report 5 January 1995 -
Syrian Arab Twelfth report 21 May 1992 1

Republic Thirteenth report 21 May 1994 1
The former Initial report 17 September 1992 -

Yugoslav Second report 17 September 1994 -
Republic of
Macedonia
Togo Sixth report 1 October 1983 10

Seventh report 1 October 1985 6
Eighth report 1 October 1987 3
Ninth report 1 October 1989 3
Tenth report 1 October 1991 2
Eleventh report 1 October 1993 1
Tonga Eleventh report 17 March 1993 -

Trinidad and Eleventh report 4 November 1994 -

Tobago
Tunisia Thirteenth report 5 January 1994 -
-117-
Uganda Second report 21 December 1983 10

Ukraine Thirteenth report 5 January 1994 -
United Republic Eighth report 26 November 1987 5

of Tanzania Ninth report 26 November 1989 5
Tenth report 26 November 1991 2
Eleventh report 26 November 1993 1
Uruguay Twelfth report 5 January 1992 1

Viet Nam Sixth report 9 July 1993 -
Yemen Eleventh report 19 November 1993 -
Yugoslavia d/ Eleventh report 5 January 1990 2

Zaire Tenth report 21 May 1995 -
Zambia Twelfth report 22 February 1995 -
Zimbabwe Second report 21 June 1995 -
a/ For a report submitted in compliance with a decision of the Committee

taken at its forty-second session (1993), see CERD/C/247.
b/ For a report submitted in compliance with a decision of the Committee

taken at its forty-second session (1993), see CERD/C/249.
c/ For a report submitted in compliance with a decision of the Committee

taken at its forty-fourth session (1994), see CERD/C/282.
d/ For a report and further information submitted in compliance with a

decision of the Committee taken at its forty-second session (1993), see
CERD/C/248 and Add.1.
C. Action taken by the Committee to ensure submission

of reports by States parties
690. At its forty-sixth and forty-seventh sessions, the Committee reviewed the
question of delays and non-submission of reports by States parties in accordance
with their obligations under article 9 of the Convention.
-118-
691. At its forty-second session, the Committee, having emphasized that the
delays in reporting by States parties hampered it in monitoring implementation
of the Convention, decided that it would continue to proceed with the review of
the implementation of the provisions of the Convention by the States parties
whose reports were excessively overdue. In accordance with a decision taken at
its thirty-ninth session, the Committee agreed that this review would be based
upon the last reports submitted by the State party concerned and their
consideration by the Committee. In implementation of those decisions in 1994
and 1995 letters were addressed by the Chairman of the Committee to the
Ministers for Foreign Affairs of the following States parties - Cambodia,
Panama, India, Venezuela, Madagascar and Pakistan - informing them of the
decision taken by the Committee and inviting the Governments concerned to
designate a representative to participate in the consideration of their
respective reports. Of those States parties, four (Cambodia, Panama, India and
Madagascar) requested postponement of the review with a view to submitting the
requested reports, and one, Venezuela, submitted a report.
692. At its forty-sixth session the Committee decided to undertake a second

round of reviews of the implementation of the Convention in States parties whose
reports remained seriously overdue. The first of these reviews, concerning
Sierra Leone, was undertaken at the forty-seventh session.
693. The Committee further decided, at its 1127th meeting, held on

18 August 1995, to request the Secretary-General, in accordance with rule 66,
paragraph 1, of the rules of procedure of the Committee, to continue sending
appropriate reminders to States parties from which two or more reports were due
but had not been received before the closing date of its forty-seventh session,
asking them to submit their reports by 31 December 1995. The Committee agreed
that the reminders to be sent by the Secretary-General should indicate that all
overdue reports could be submitted in one consolidated document. (States
parties whose reports are overdue are listed in table 2 above.)
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VIII. THIRD DECADE TO COMBAT RACISM AND RACIAL DISCRIMINATION
694. The Committee considered this item at its forty-sixth session (1095th
meeting) and at its forty-seventh session (1100th and 1112th meetings).
695. For the consideration of this item, the Committee had before it the
following documents:
(a) General Assembly resolution 49/146 on the Third Decade to Combat

Racism and Racial Discrimination;
(b) Commission on Human Rights resolution 1993/20 on measures to combat

contemporary forms of racism, racial discrimination, xenophobia and related
intolerance; resolution 1995/11 on the implementation of the Programme of Action
for the Third Decade to Combat Racism and Racial Discrimination, and resolution
1995/12 on measures to combat contemporary forms of racism, racial
discrimination, xenophobia and related intolerance;
(c) Subcommission on Prevention of Discrimination and Protection of

Minorities resolution 1993/3 on measures to combat racism and racial
discrimination and the role of the Subcommission, resolution 1994/2 on a world
conference against racism, racial and ethnic discrimination, xenophobia and
other related contemporary forms of intolerance, and resolution 1994/4 on
prevention of discrimination and protection of minorities;
(d) Report of the Secretary-General on the implementation of the Programme

of Action for the Third Decade to Combat Racism and Racial Discrimination
(E/1995/111 and Add.1);
(e) Report of the Special Rapporteur of the Commission on Human Rights on

contemporary forms of racism, racial discrimination and xenophobia and related
intolerance (E/CN.4/1995/78 and Add.1).
696. At its 1095th meeting, on 22 March 1995, the Committee met with the Special
Rapporteur of the Commission on Human Rights on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance, Mr. Glélé-Ahanhanzo.
The Special Rapporteur described his mandate, indicated that he welcomed all
possibilities for close cooperation with the Committee and requested the
Committee’s views on his working methods and programme of activities.
697. Members offered on the one hand to cooperate with the Special Rapporteur
and drew attention to points of complementarity and of difference in the
respective mandates. It was, for instance, noted that the Committee could only
address situations within States which were parties to the International
Convention on the Elimination of All Forms of Racial Discrimination, whereas the
Special Rapporteur was not so constrained. Members recommended that the Special
Rapporteur give priority attention to issues falling within his mandate in
countries that have not yet ratified the Convention. It was, however, observed
that the Committee was well placed to identify actual or impending situations of
racial discrimination in 143 countries of the world and that there was room for
the development of cooperation with regard to the taking of appropriate
preventative action. There was general agreement that an important area of
cooperation might be the regular exchange of information, and Committee members
observed that they already paid close attention to the reports of the Special
Rapporteur in the context of their examination of reports submitted by States
parties. It was suggested that the Special Rapporteur, in his work, should take
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account of the reports of the Committee and the general recommendations which it
had issued concerning the terms of the Convention.
698. In reply, the Special Rapporteur welcomed the various suggestions made and
proposed that he and the Committee undertake a range of shared projects of study
and research. He also drew attention to the need for the United Nations
Secretariat to facilitate a regular exchange of information between him and the
Committee.
699. The 1112th meeting of the Committee, held on 8 August 1995, was a joint
meeting with the Subcommission on Prevention of Discrimination and Protection of
Minorities, held in the presence of the Assistant Secretary-General for Human
Rights, Mr. I. Fall. This meeting had been proposed by the Subcommission in its
resolution 1993/3, entitled "Measures to combat racism and racial discrimination
and the role of the Subcommission", and had as its purpose the elaboration of
recommendations concerning comprehensive measures to be taken at national and
international levels to combat contemporary forms of racism, racial
discrimination, xenophobia and related intolerance. As well as the Committee
and the Subcommission, the Special Rapporteur, Mr. Glélé-Ahanhanzo, also
participated.
700. Speakers made a wide range of suggestions and recommendations regarding

immediate joint action, methods of ongoing cooperation, possibilities for the
undertaking of joint studies, preparations for the proposed world conference
against racism, and the development of preventive procedures. It was proposed
by a number of speakers that a joint statement be issued during the current
respective sessions of the Committee and Subcommission concerning situations of
massive violations of human rights which had as a major component racial, ethnic
or related discrimination, in particular the situations in Bosnia and
Herzegovina and Rwanda. It was noted that a statement should draw attention to
the need to bring the perpetrators of such acts to justice and to the importance
of strengthening and supporting the international ad hoc criminal tribunals. It
was also felt that the statement should draw attention to the plight of persons
displaced as a result of racial or ethnically motivated hatred and violence.
701. Speakers suggested that joint studies be undertaken concerning, inter alia,
the meaning and effect of articles 4 and 7 of the Convention, the development of
preventive procedures, the rise of racist speech in the media, especially the
electronic media, minorities, and the existing inadequacies of international law
on migration issues. It was also proposed that both bodies might issue a joint
recommendation on human rights education.
702. At the conclusion of the joint meeting, the two Chairmen issued an agreed
declaration for joint and cooperative action whereby (i) the bureaux of the two
bodies would meet on an annual basis and the two bodies might hold joint
meetings again in the future; (ii) a speedy and efficient flow of information
would be immediately put in place; (iii) a joint study would be undertaken
concerning article 7 of the Convention; and (iv) the two bodies would, at their
current sessions, issue a joint statement concerning massive and gross
occurrences of racial and related discrimination.
Notes
1/ See Official Records of the International Convention on the

Elimination of All Forms of Racial Discrimination, Fifteenth Meeting of States
Parties, Decisions (CERD/SP/53).
-121-
2/ Official Records of the General Assembly, Twenty-seventh Session,
Supplement No. 18 (A/8718), chap. IX, sect. B.
3/ Ibid., Forty-eighth Session, Supplement No. 18 (A/48/18), annex III.
4/ This decision was adopted by a vote. The following members made

explanations after the vote: Mr. Diaconu, Mr. de Gouttes, Mr. Chigovera,
Mr. Agha Shahi, Mr. Wolfrum, Mr. Rechetov, Mr. Ferrero Costa, Mr. van Boven,
Mr. Yutzis, Mr. Song, Mr. Ahmadu, Mr. Banton and Mr. Garvalov. It should also
be noted that the vote was preceded by an extensive exchange of views on the
matter (see CERD/C/SR.1125).
Mr. Diaconu explained that as the Committee did not vote separately on
subparagraph (f), he could not approve the draft. He also stated that he had
effectively been precluded from expressing his opinion on the competence of the
Committee concerning the contents of subparagraph (f). He objected to the
procedure for the adoption of the decision which, in his opinion, did not follow
the Committee’s rules of procedure. He therefore had abstained, even though he
only objected to one paragraph.
Mr. de Gouttes explained that he had abstained for reasons of procedure and
substance. Concerning the former, he indicated that he agreed with Mr. Diaconu
that the rules of procedure necessitated that there first be a separate vote on
subparagraph (f) of the draft. With regard to substance, he stated that he
approved of the text in its entirety, with the exception of subparagraph (f)
which he believed to be outside the competence of the Committee. He also
considered that the text could have better distinguished between the situations
in Srebrenica and Zepa on the one hand, and in Krajina on the other.
Mr. de Gouttes concluded by regretting that more effort had not been made to
find a draft text which would have been acceptable to all members.
Mr. Chigovera explained that he had abstained because he did not agree that
subparagraph (f) was within the competence of the Committee. He stated,
however, that he supported the draft in general except for that paragraph.
Mr. Agha Shahi explained that his reasons for voting against the draft
decision were fully set out in his earlier statement in which he had commented
paragraph by paragraph, pointing out the shortcomings which militated against a
fair compromise and equitable balance in the text of the draft decision.
Nevertheless, if the provisions had been put to a vote paragraph by paragraph,
he would have abstained on several of the preambular paragraphs while supporting
those dealing with the humanitarian aspects, in spite of their shortcomings. He
would certainly have voted in favour of the paragraph urgently calling for the
provision to Bosnia and Herzegovina of all means to protect itself in accordance
with Article 51 of the Charter of the United Nations and to live within safe and
secure borders. He maintained that this paragraph fell squarely within the
ambit of the Convention because it was the only way of protecting the lives of
the Bosnian Muslims. He reminded the Committee that the right to life was the
most fundamental of human rights and must be guaranteed to all regardless of
race, ethnicity, descent and so on, as set forth in article 1 of the Convention.
He emphasized that as the international community had failed to fulfil its
pledge to protect the population of the "safe areas" of Srebrenica and Zepa, the
only way to ensure the right to life of this Bosnian group was not to deny it
the right of self-defence. Mr. Agha Shahi went on to explain that his main
reason for voting against the draft decision was the last paragraph, which did
not call for immediate enforcement action by the United Nations Security
Council, weakening the force of the recommendation, adopted at its forty-sixth
-122-
session (March 1995), that called for the application of such measures by the
Security Council in Bosnia and Herzegovina. Enforcement action was urgent in
view of the fresh wave of "ethnic cleansing" after the fall of Srebrenica and
Zepa and the war crimes and crimes against humanity committed against the
Bosnian Muslim refugees and displaced persons. The first preambular paragraph,
referring to the concluding observations as set forth at the forty-sixth
session, had become greatly weakened by the wording of the last paragraph of the
draft decision. Taking the draft decision as a whole, Mr. Agha Shahi found it
to be unfair, unbalanced and failing to meet the challenge before the Committee.
He also noted that two years ago, he was unable to associate himself with the
findings of the Committee regarding Bosnia and Herzegovina because they had
equated the victims of "ethnic cleansing" with its perpetrators.
Mr. Wolfrum explained his vote in favour of the draft, which he described
as a compromise text. He stated that he was not completely happy with every
element of the text but he believed that the outcome was more satisfactory than
negative. Mr. Wolfrum stated that he was deeply impressed by the arguments put
forward by Mr. Agha Shahi, Mrs. Sadiq Ali and Mr. de Gouttes. He would have
preferred to have clarified the distinction between the events that occurred, on
the one hand, in Zepa and Srebrenica and, on the other, in Krajina; he would
also have preferred a much stronger wording condemning "ethnic cleansing". He
would have preferred a consensus decision, but the result was the best that
could be achieved under the circumstances.
Mr. Rechetov stated that, although the text of the draft was not ideal, in
his opinion it was relatively balanced. He expressed concern about reports on
atrocities according to which women and children were abused by Croatian troops
in villages to which the United Nations had no access. He explained his
abstention first by stating that the draft decision made reference to concluding
observations adopted during the previous session which had been unbalanced and
not fully impartial and because he objected to the reference made to Article 51
of the Charter.
Mr. Ferrero Costa explained that he had voted in favour because he had
found the draft decision fair and impartial. He would have preferred had the
"ethnic cleansing" of the region been condemned more strongly and had the
Committee called more strongly on the European States and international
organizations to take more responsibility. He approved of mentioning Article 51
of the Charter in subparagraph (f) and generally agreed with what had been said
by Mr. Wolfrum.
Mr. van Boven, having voted in favour of the decision, took the floor to
explain his vote and also to respond to some comments made by Mr. Rechetov in
relation to what Mr. van Boven had said earlier in the discussion.
Mr. van Boven expressed the wish to have been able to make the distinction
between what had happened in Zepa and Srebrenica and in the Krajina area. He
was therefore not fully satisfied with the text. He had been following quite
closely the events in the former Yugoslavia and he agreed with Mr. Rechetov that
in the Krajina area the Croats had, in his view, committed war crimes. However,
he challenged the view that this could be compared with the reported systematic
liquidation of a part of the adult male population of Srebrenica. Had there
been a separate vote on the individual paragraphs he would have abstained on
subparagraph (f) for reasons also expressed by other members of the Committee.
Mr. Yutzis expressed the regret that he had not been present for the
voting. The situation in Bosnia and Herzegovina was a very grave humanitarian
situation and everyone knew that the events that produced it could happen in
-123-
other parts of the world. If he had been present he would have voted in favour
of the draft decision and requested that the systematic liquidation of groups of
persons be condemned. He expressed the wish that the Committee had condemned
systematic crimes more strongly.
Mr. Song, who had voted in favour of the decision, expressed his
satisfaction with the draft. However, he indicated that the comments expressed
regarding paragraph 10 were justified and that had there been a vote paragraph
by paragraph, he would have abstained on subparagraph (f).
Mr. Ahmadu explained that he had voted for the decision because he was a
co-sponsor of the text. He believed that "if you can’t get what you want, you
should like what you get", and that this described his feelings about the draft
resolution. He also expressed his profound hope that the situation in the
region would soon improve.
Mr. Banton explained that he voted in favour of the motion although

procedurally he agreed with Mr. Diaconu and he would have liked to have had the
opportunity to vote against subparagraph (f). On points of substance he agreed
with what Mr. Diaconu, Mr. de Gouttes, Mr. Chigovera, Mr. Wolfrum and
Mr. van Boven said and with some of what Mr. Shahi, Mr. Rechetov and Mr. Ferrero
had said. He was only able to vote in favour because he knew he would have the
opportunity to make an explanation of his vote.
Mr. Garvalov, in his personal capacity, stated that the reason he had voted
in favour of the draft decision was that he felt that the Committee needed to
make its position on Bosnia and Herzegovina known at the present session. For
him, the language of the text was more satisfactory than unsatisfactory. Had it
been possible to conduct a separate vote on each paragraph, he probably would
have taken another position on one or two of them. On the whole, however, he
felt that he was morally bound to give his support to the decision because it
was what the Committee was expected to do.
5/ Official Records of the General Assembly, Forty-eighth Session,

Supplement No. 18 (A/48/18), paras. 496-506.
6/ Ibid., paras. 531-547.
7/ Official Records of the General Assembly, Forty-seventh Session,

Supplement No. 18 (A/47/18), para. 225.
8/ Ibid., Forty-ninth Session, Supplement No. 18 (A/49/18), para. 85.
9/ Ibid., para. 91.
10/ Official Records of the General Assembly, Forty-third Session,

Supplement No. 18 (A/43/18), annex IV.
11/ Ibid., Forty-sixth Session, Supplement No. 18 (A/46/18), annex VIII.
12/ Ibid., Forty-eighth Session, Supplement No. 18 (A/48/18), annex IV.
13/ Ibid., Forty-ninth Session, Supplement No. 18 (A/49/18), annex IV.
14/ Ibid., Supplement No. 23 (A/45/23), chap. I.
15/ Ibid., Supplement No. 36 (A/49/36).
-124-
ANNEX I
Status of the Convention

Elimination of All Forms of Racial Discrimination (143),
as at 18 August 1995
Date of receipt
of the instrument
of ratification
State party or accession Entry into force
Afghanistan 6 July 1983 a/ 5 August 1983

Albania 11 May 1994 a/ 10 June 1994
Algeria 14 February 1972 15 March 1972
Antigua and Barbuda 25 October 1988 a/ 25 October 1988
Argentina 2 October 1968 4 January 1969
Armenia 23 June 1993 a/ 23 July 1993

Australia 30 September 1975 30 October 1975
Austria 9 May 1972 8 June 1972
Bahamas 5 August 1975 b/ 5 August 1975
Bahrain 27 March 1990 a/ 26 April 1990
Bangladesh 11 June 1979 a/ 11 July 1979

Barbados 8 November 1972 a/ 8 December 1972
Belarus 8 April 1969 8 May 1969
Belgium 7 August 1975 6 September 1975
Bolivia 22 September 1970 22 October 1970
Bosnia and Herzegovina 16 July 1993 b/ 16 July 1993

Botswana 20 February 1974 a/ 22 March 1974
Brazil 27 March 1968 4 January 1969
Bulgaria 8 August 1966 4 January 1969
Burkina Faso 18 July 1974 a/ 17 August 1974
Burundi 27 October 1977 26 November 1977

Cambodia 28 November 1983 28 December 1983
Cameroon 24 June 1971 24 July 1971
Canada 14 October 1970 15 November 1970
Cape Verde 3 October 1979 a/ 2 November 1979
Central African Republic 16 March 1971 15 April 1971

Chad 17 August 1977 a/ 16 September 1977
Chile 20 October 1971 19 November 1971
China 29 December 1981 a/ 28 January 1982
Colombia 2 September 1981 2 October 1981
Congo 11 July 1988 a/ 10 August 1988

Costa Rica 16 January 1967 4 January 1969
Côte d’Ivoire 4 January 1973 a/ 3 February 1973
Croatia 12 October 1992 b/ 8 October 1991
Cuba 15 February 1972 16 March 1972
-125-
Date of receipt
of the instrument
of ratification
Cyprus 21 April 1967 4 January 1969

Czech Republic 22 February 1993 b/ 1 January 1993
Denmark 9 December 1971 8 January 1972
Dominican Republic 25 May 1983 a/ 24 June 1983
Ecuador 22 September 1966 a/ 4 January 1969
Egypt 1 May 1967 4 January 1969

El Salvador 30 November 1979 a/ 30 December 1979
Estonia 21 October 1991 a/ 20 November 1991
Ethiopia 23 June 1976 a/ 23 July 1976
Fiji 11 January 1973 b/ 11 January 1973
Finland 14 July 1970 13 August 1970

France 28 July 1971 a/ 27 August 1971
Gabon 29 February 1980 30 March 1980
Gambia 29 December 1978 a/ 28 January 1979
Germany 16 May 1969 15 June 1969
Ghana 8 September 1966 4 January 1969

Greece 18 June 1970 18 July 1970
Guatemala 18 January 1983 17 February 1983
Guinea 14 March 1977 13 April 1977
Guyana 15 February 1977 17 March 1977
Haiti 19 December 1972 18 January 1973

Holy See 1 May 1969 31 May 1969
Hungary 1 May 1967 4 January 1969
Iceland 13 March 1967 4 January 1969
India 3 December 1968 4 January 1969
Iran (Islamic Republic of) 29 August 1968 4 January 1969

Iraq 14 January 1970 13 February 1970
Israel 3 January 1979 2 February 1979
Italy 5 January 1976 4 February 1976
Jamaica 4 June 1971 4 July 1971
Jordan 30 May 1974 a/ 29 June 1974

Kuwait 15 October 1968 a/ 4 January 1969
Lao People’s Democratic Republic 22 February 1974 a/ 24 March 1974
Latvia 14 April 1992 a/ 14 May 1992
Lebanon 12 November 1971 a/ 12 December 1971
Lesotho 4 November 1971 a/ 4 December 1971

Liberia 5 November 1976 a/ 5 December 1976
Libyan Arab Jamahiriya 3 July 1968 a/ 4 January 1969
Luxembourg 1 May 1978 31 May 1978
Madagascar 7 February 1969 9 March 1969
-126-
Date of receipt
of the instrument
of ratification
Maldives 24 April 1984 a/ 24 May 1984

Mali 16 July 1974 a/ 15 August 1974
Malta 27 May 1971 26 June 1971
Mauritania 13 December 1988 12 January 1989
Mauritius 30 May 1972 a/ 29 June 1972
Mexico 20 February 1975 22 March 1975

Mongolia 6 August 1969 5 September 1969
Morocco 18 December 1970 17 January 1971
Mozambique 18 April 1983 a/ 18 May 1983
Namibia 11 November 1982 a/ 11 December 1982
Nepal 30 January 1971 a/ 1 March 1971

Netherlands 10 December 1971 9 January 1972
New Zealand 22 November 1972 22 December 1972
Nicaragua 15 February 1978 a/ 17 March 1978
Niger 27 April 1967 4 January 1969
Nigeria 16 October 1967 a/ 4 January 1969

Norway 6 August 1970 5 September 1970
Pakistan 21 September 1966 4 January 1969
Panama 16 August 1967 4 January 1969
Papua New Guinea 27 January 1982 a/ 26 February 1982
Peru 29 September 1971 29 October 1971

Philippines 15 September 1967 4 January 1969
Poland 5 December 1968 4 January 1969
Portugal 24 August 1982 a/ 23 September 1982
Qatar 22 July 1976 a/ 21 August 1976
Republic of Korea 5 December 1978 a/ 4 January 1979

Republic of Moldova 26 January 1993 a/ 25 February 1993
Romania 15 September 1970 a/ 15 October 1970
Russian Federation 4 February 1969 6 March 1969
Rwanda 16 April 1975 a/ 16 May 1975
Saint Lucia 14 February 1990 b/ 14 February 1990

Saint Vincent and the Grenadines 9 November 1981 a/ 9 December 1981
Senegal 19 April 1972 19 May 1972
Seychelles 7 March 1978 a/ 6 April 1978
Sierra Leone 2 August 1967 4 January 1969
Slovakia 28 May 1993 b/ 28 May 1993

Slovenia 6 July 1992 b/ 6 July 1992
Solomon Islands 17 March 1982 b/ 17 March 1982
Somalia 26 August 1975 25 September 1975
Spain 13 September 1968 a/ 4 January 1969
-127-
Date of receipt
of the instrument
of ratification
Sri Lanka 18 February 1982 a/ 20 March 1982

Sudan 21 March 1977 a/ 20 April 1977
Suriname 15 March 1984 b/ 15 March 1984
Swaziland 7 April 1969 a/ 7 May 1969
Sweden 6 December 1971 5 January 1972
Switzerland 29 November 1994 a/ 29 December 1994

Syrian Arab Republic 21 April 1969 a/ 21 May 1969
Tajikistan 11 January 1995 a/ 10 February 1995
The former Yugoslav
Republic of Macedonia 18 January 1994 b/ 17 September 1991
Togo 1 September 1972 a/ 1 October 1972
Tonga 16 February 1972 a/ 17 March 1972

Trinidad and Tobago 4 October 1973 3 November 1973
Tunisia 13 January 1967 4 January 1969
Turkmenistan 29 September 1994 a/ 29 October 1994
Uganda 21 November 1980 a/ 21 December 1980
Ukraine 7 March 1969 6 April 1969

United Arab Emirates 20 June 1974 a/ 20 July 1974
United Kingdom of Great Britain
and Northern Ireland 7 March 1969 6 April 1969
United Republic of Tanzania 27 October 1972 a/ 26 November 1972
United States of America 21 October 1994 20 November 1994
Uruguay 30 August 1968 4 January 1969

Venezuela 10 October 1967 4 January 1969
Viet Nam 9 June 1982 a/ 9 July 1982
Yemen 18 October 1972 a/ 17 November 1972
Yugoslavia 2 October 1967 4 January 1969
Zaire 21 April 1976 a/ 21 May 1976

Zambia 4 February 1972 5 March 1972
Zimbabwe 13 May 1991 a/ 12 June 1991
-128-
B. States parties that have made the declaration under
article 14, paragraph 1, of the Convention (22), as
at 18 August 1995
Date of deposit of
State party the declaration Effective date
Algeria 12 September 1989 12 September 1989

Australia 28 January 1993 28 January 1993
Bulgaria 12 May 1993 12 May 1993
Chile 18 May 1994 18 May 1994
Costa Rica 8 January 1974 8 January 1974
Cyprus 30 December 1993 30 December 1993

Denmark 11 October 1985 11 October 1985
Ecuador 18 March 1977 18 March 1977
Finland 16 November 1994 16 November 1994
France 16 August 1982 16 August 1982
Hungary 13 September 1990 13 September 1990

Iceland 10 August 1981 10 August 1981
Italy 5 May 1978 5 May 1978
Netherlands 10 December 1971 9 January 1972
Norway 23 January 1976 23 January 1976
Peru 27 November 1984 27 November 1984

Russian Federation 1 October 1991 1 October 1991
Senegal 3 December 1982 3 December 1982
Slovakia 17 March 1995 17 March 1995
Sweden 6 December 1971 5 January 1972
Ukraine 28 July 1992 28 July 1992

Uruguay 11 September 1972 11 September 1972
-129-
C. States parties that have accepted the amendments to the
Convention adopted at the Fourteenth Meeting of States
Parties c/ (17), as at 18 August 1995
State party Date acceptance received
Australia 15 October 1993

Bahamas 31 March 1994
Bulgaria 2 March 1995
Burkina Faso 9 August 1993
Canada 8 February 1995
Denmark 3 September 1993
Finland 9 February 1994
France 1 September 1994
Netherlands
(for the Kingdom in Europe and
the Netherlands Antilles and
Aruba) 24 January 1995
New Zealand 8 October 1993
Norway 6 October 1993
Republic of Korea 30 November 1993
Seychelles 23 July 1993
Sweden 14 May 1993
Trinidad and Tobago 23 August 1993
Ukraine 17 June 1994
United Kingdom of Great Britain and
Northern Ireland 7 February 1994
a/ Accession.
b/ Date of receipt of notification of succession.
c/ For the amendments to enter into force, acceptance must be

received from two thirds of the States parties to the Convention.
-130-
ANNEX II
Agendas of the forty-sixth and forty-seventh sessions
A. Forty-sixth session
1. Adoption of the agenda.
2. Organizational and other matters.
3. Prevention of racial discrimination, including early warning and urgent

procedures.
4. Consideration of reports, comments and information submitted by States

parties under article 9 of the Convention.
5. Consideration of communications under article 14 of the Convention.
6. Consideration of copies of petitions, copies of reports and other

information relating to Trust and Non-Self-Governing Territories and to all
other territories to which General Assembly resolution 1514 (XV) applies,
in conformity with article 15 of the Convention.
7. Action by the General Assembly at its forty-ninth session:
(a) Annual report submitted by the Committee on the Elimination of Racial

Discrimination under article 9, paragraph 2, of the Convention;
(b) Effective implementation of international instruments on human rights,

including reporting obligations under international instruments on
human rights.
8. Submission of reports by States parties under article 9, paragraph 1, of

the Convention.
9. Third Decade to Combat Racism and Racial Discrimination.
B. Forty-seventh session
1. Adoption of the agenda.
2. Organizational and other matters.
3. Prevention of racial discrimination, including early warning and urgent

procedures.

parties under article 9 of the Convention.
5. Consideration of communications under article 14 of the Convention.
6. Consideration of copies of petitions, copies of reports and other

information relating to Trust and Non-Self-Governing Territories and to all
other territories to which General Assembly resolution 1514 (XV) applies,
in conformity with article 15 of the Convention.
-131-
parties under article 9, paragraph 1, of the Convention.
8. Third Decade to Combat Racism and Racial Discrimination.
9. Meetings of the Committee in 1996 and 1997.
10. Annual report of the Committee to the General Assembly.
-132-
ANNEX III
Contribution of the Committee on the Elimination

of Racial Discrimination to the United Nations
Decade for Human Rights Education a/
1. The Committee on the Elimination of Racial Discrimination decides to issue

the following commentary on the report of the Secretary-General (A/49/261/Add.1)
and to bring to his attention the following:
(a) Concerning paragraph 13 (g), the Committee assures the Secretary-

General that it will continue to monitor implementation of article 7 of the
Convention;
(b) Concerning paragraph 2 (c) of the annex, there are certain features of
racial discrimination which are specific to it, such as the dissemination of
doctrines of racial superiority. Nevertheless, the Committee believes that
teaching about racial discrimination can well be presented as part of teaching
about discrimination in general, including discrimination on other grounds, as
suggested in this subparagraph;
(c) Concerning paragraphs 21 to 23 and 26 of the annex, the Committee

supports the proposals in these paragraphs for information campaigns and popular
education;
(d) Concerning paragraph 25 of the annex, higher education in this field

will best be arranged within institutes of law and political science;
(e) Concerning paragraph 74 of the annex, the Committee supports the

proposals for the training of persons in the occupational groups listed. It
inquires about such training during its consideration of State party reports and
has adopted general recommendation XIII concerning the training of law
enforcement officials and general recommendation XVII on the establishment of
national institutions to facilitate the implementation of the Convention.
a/ Text adopted at the 1098th meeting, on 17 March 1995.
-133-
ANNEX IV
List of documents issued for the forty-sixth and forty-seventh

sessions of the Committee
CERD/C/210/Add.4 Ninth, tenth and eleventh periodic reports of

Romania, submitted in one document
CERD/C/224/Add.1 Seventh, eighth, ninth and tenth periodic

reports of Trinidad and Tobago, submitted in
one document
CERD/C/225/Add.3 Eighth, ninth, tenth and eleventh periodic

reports of Peru, submitted in one document
CERD/C/234/Add.1 Third, fourth, fifth and sixth periodic

reports of Sri Lanka, submitted in one
document
CERD/C/237/Add.1 Eighth and ninth periodic reports of Italy,

submitted in one document
CERD/C/239/Add.3 Tenth and eleventh periodic reports of

New Zealand, submitted in one document
CERD/C/247/Add.1 Report of Bosnia and Herzegovina, submitted in

compliance with a decision of the Committee
taken at its forty-second session
CERD/C/248/Add.1 Additional information of the Federal Republic

of Yugoslavia (Serbia and Montenegro),
submitted in compliance with a decision of the
Committee taken at its forty-third session
CERD/C/249/Add.1 Additional information of Croatia, submitted

in compliance with a decision of the Committee
taken at its forty-third session
CERD/C/256/Add.1 Second, third, fourth, fifth and sixth

periodic reports of Guatemala, submitted in
one document
CERD/C/258/Add.1 Third, fourth, fifth, sixth, seventh and

eighth periodic reports of El Salvador,
CERD/C/259/Add.1 Fifth, sixth, seventh, eighth and ninth

periodic reports of Chad, submitted in one
document
CERD/C/260/Add.1 Ninth and tenth periodic reports of Mexico,

CERD/C/263/Add.1 Eleventh, twelfth and thirteenth periodic

reports of Cyprus, submitted in one document
-134-
CERD/C/263/Add.3 Thirteenth periodic report of Nigeria
CERD/C/263/Add.4 Eleventh, twelfth and thirteenth periodic

reports of Belarus, submitted in one document
CERD/C/267 Provisional agenda and annotations of the

forty-sixth session of the Committee on the
Elimination of Racial Discrimination
CERD/C/268 Submission of reports by States parties in

accordance with article 9 of the Convention
CERD/C/269 Consideration of petitions, copies of reports

and other information relating to Trust and
Non-Self-Governing Territories and to all
other Territories to which General Assembly
resolution 1514 (XV) applies, in conformity
with article 15 of the Convention: note by
the Secretary-General
CERD/C/277/Add.1 Fifth, sixth, seventh, eighth and ninth

periodic reports of Nicaragua, submitted in
one document
CERD/C/279/Add.1 Seventh, eighth, ninth, tenth and eleventh

periodic reports of the United Arab Emirates,
CERD/C/283 Additional information of Nigeria, submitted

in compliance with a decision taken by the
Committee at its forty-third session
CERD/C/284 Provisional agenda and annotations of the

forty-seventh session of the Committee on the
CERD/C/285 Submission of reports by States parties in

accordance with article 9 of the Convention
CERD/C/286 Report of Mexico, submitted in compliance with

a decision of the Committee taken at its
forty-sixth session
CERD/C/287 Additional information of Nigeria
CERD/C/SR.1070 to 1127 Summary records of the forty-sixth and forty-

seventh sessions of the Committee on the
-135-
ANNEX V
Documents received by the Committee at its forty-sixth and

forty-seventh sessions in conformity with article 15 of
the Convention
The following is a list of the working papers submitted by the Special

Committee on the Situation with Regard to the Implementation of the Declaration
on the Granting of Independence to Colonial Countries and Peoples:
Documents
African territories
Western Sahara AC.109/1194
Atlantic Ocean and Caribbean Territories,
including Gibraltar
Falkland Islands (Malvinas) A/AC.109/1198
Gibraltar A/AC.109/1195
Pacific and Indian Ocean Territories
New Caledonia A/AC.109/1197
-136-
ANNEX VI
Country rapporteurs for reports considered by the Committee

at its forty-sixth and forty-seventh sessions
Reports considered by the Committee Country rapporteur
ALGERIA Mr. Luis Valencia Rodríguez
Urgent report requested by the Committee under

article 9, paragraph 1, of the Convention
BELARUS Mr. Ion Diaconu
Eleventh, twelfth and thirteenth periodic

reports (CERD/C/263/Add.4)
BOSNIA AND HERZEGOVINA Mrs. Shanti Sadiq Ali
Report submitted in compliance with a decision

of the Committee taken at its forty-second
session (CERD/C/247/Add.1)
BURUNDI Mrs. Shanti Sadiq Ali

CHAD Mr. Régis de Gouttes
Fifth, sixth, seventh, eighth and ninth

periodic reports (CERD/C/259/Add.1)
CROATIA Mr. Mario Jorge Yutzis
Additional information submitted in compliance

with a decision of the Committee taken at its
forty-third session (CERD/C/249/Add.1)
CYPRUS Mr. Yuri A. Rechetov
Eleventh, twelfth and thirteenth periodic

EL SALVADOR Mr. Rüdiger Wolfrum
Third, fourth, fifth, sixth, seventh and eighth

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA Mr. Yuri A. Rechetov

-137-
FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND

MONTENEGRO) Mr. Luis Valencia Rodríguez
Additional information submitted in compliance

with a decision of the Committee taken at its
forty-third session (CERD/C/248/Add.1)
GUATEMALA Mr. Mario Jorge Yutzis
Second, third, fourth, fifth and sixth periodic

MADAGASCAR Mr. Régis de Gouttes
Review based on the ninth periodic report

(CERD/C/149/Add.19)
MEXICO Mr. Rüdiger Wolfrum
Ninth and tenth periodic reports

(CERD/C/260/Add.1)
NEW ZEALAND Mr. Andrew R. Chigovera
Tenth and eleventh periodic reports

(CERD/C/239/Add.3)
NICARAGUA Mr. Theodoor van Boven

Mr. Eduardo Ferrero Costa
Fifth, sixth, seventh, eighth and ninth
NIGERIA Mr. Michael Parker Banton
Thirteenth periodic report (CERD/C/263/Add.3)
Additional information requested by the

Committee under article 9, paragraph 1,
of the Convention (CERD/C/283)
PAPUA NEW GUINEA Mr. Rüdiger Wolfrum

PERU Mr. Rüdiger Wolfrum
Eighth, ninth, tenth and eleventh periodic

ROMANIA Mr. Luis Valencia Rodríguez
Ninth, tenth and eleventh periodic reports

(CERD/C/210/Add.4)
-138-
SIERRA LEONE Mr. Michael Parker Banton
Review based on previous reports and on review

undertaken in 1991 (see A/46/18, paras. 279-282)
SRI LANKA Mrs. Shanti Sadiq Ali
Third, fourth, fifth and sixth periodic reports

(CERD/C/234/Add.1)
UNITED REPUBLIC OF TANZANIA Mr. Ivan Garvalov
Review based on the sixth and seventh periodic

TRINIDAD AND TOBAGO Mr. Andrew R. Chigovera
Seventh, eighth, ninth and tenth periodic

UNITED ARAB EMIRATES Mr. Ion Diaconu
Seventh, eighth, ninth, tenth and eleventh

-139-
ANNEX VII
General recommendation XIX (47) on article 3, adopted at

the 1125th meeting, on 17 August 1995
1. The Committee on the Elimination of Racial Discrimination calls the

attention of States parties to the wording of article 3, by which States parties
undertake to prevent, prohibit and eradicate all practices of racial segregation
and apartheid in territories under their jurisdiction. The reference to
apartheid may have been directed exclusively to South Africa, but the article as
adopted prohibits all forms of racial segregation in all countries.
2. The Committee believes that the obligation to eradicate all practices of

this nature includes the obligation to eradicate the consequences of such
practices undertaken or tolerated by previous Governments in the State or
imposed by forces outside the State.
3. The Committee observes that while conditions of complete or partial racial

segregation may in some countries have been created by governmental policies, a
condition of partial segregation may also arise as an unintended by-product of
the actions of private persons. In many cities residential patterns are
influenced by group differences in income, which are sometimes combined with
differences of race, colour, descent and national or ethnic origin, so that
inhabitants can be stigmatized and individuals suffer a form of discrimination
in which racial grounds are mixed with other grounds.
4. The Committee therefore affirms that a condition of racial segregation can

also arise without any initiative or direct involvement by the public
authorities. It invites States parties to monitor all trends which can give
rise to racial segregation, to work for the eradication of any negative
consequences that ensue, and to describe any such action in their periodic
reports.
-140-
ANNEX VIII
Decision of the Committee on the Elimination of Racial

Discrimination under article 14 of the International
Convention on the Elimination of All Forms of Racial
Discrimination
Forty-sixth session
concerning
Communication No. 5/1994*
Submitted by: C. P.
Alleged victims: The author and his son, M. P.
State party concerned: Denmark
Date of communication: 13 January 1994 (initial submission)
The Committee on the Elimination of Racial Discrimination, established

under article 8 of the International Convention on the Elimination of All Forms
of Racial Discrimination,
Meeting on 15 March 1995,
Adopts the following:
Decision on admissibility
1. The author of the communication is C. P., an American citizen of African

origin living in Roskilde, Denmark. He submits the communication on his behalf
and on behalf of his son, and contends that they have been the victims of racial
discrimination by the municipal and police authorities of Roskilde and the
Danish judicial system. He does not invoke specific provisions of the
Discrimination.
The facts as submitted by the author
2.1 The author is an African American, who has been residing in Denmark since
1963; he married a Danish citizen in 1963, who later left him and from whom he
is now divorced. From 1964 to 1972, he worked for a chemicals company in
Roskilde; from 1972 to an unspecified date, he worked for Kodak Inc., as shop
steward in a warehouse. In September 1990, he was elected shop steward at the
Roskilde Technical School. He contends that starting in October 1990, students
of the school began to display signs of racism towards him; the school
authorities allegedly did not intervene. Mr. P. claims that a number of
________________________
* Made public by decision of the Committee on the Elimination of Racial

Discrimination.
-141-
students, with the blessing of their teacher, carved a racially offensive
inscription and cartoon into a red brick. The inscription ran approximately as
follows: "A coal black man hanging from a gallows, with large red lips". Under
this was inscribed the word "nigger". This brick and other, similar ones,
allegedly were openly displayed in the author’s working area. Again, the school
authorities failed to intervene and allowed the display to continue.
2.2 On 19 November 1990, the author participated in a meeting of the School

Staff Council; at the meeting, he showed two of the bricks and asked the
school’s support in fighting or suppressing this form of racism. To his
surprise, the director of the school criticized him for raising the issue; no
measures were taken to identify the students responsible for the "display". The
author adds that after the meeting, the school director, head teacher and
technical manager refused to talk to him.
2.3 In January 1991, the author was informed that he was to leave immediately,
with 10 minutes’ notice only, the area where he had been working since being
hired by the school. He attributes this to the hostile and discriminatory
attitude of the school superintendent and others towards him. Still in
January 1991, the author was asked to carry out certain tasks in the school
cafeteria, during student breaks. Here, he allegedly was again confronted with
the racist remarks and slogans of the students directed towards him; when he
asked the school director to be removed from the area, the latter refused. In
May 1991, after what the author refers to as "months of racial harassment", the
school director and technical manager dismissed him.
2.4 As to the events concerning his son, the author submits the following: on
20 July 1991, the author’s son M., then 15 years old, was stopped on his bicycle
at a traffic light by a group of four young men aged 17 and 18, who severely
beat him, using, inter alia, beer bottles. M. sustained a number of injuries
(nose, front, cheeks and jaw), which have since necessitated numerous plastic
surgery interventions; the last such intervention was in 1994. According to the
author, all four men had previously made racist slurs and remarks to his son and
that, in 1988, they had tried to drown him in a lake in a public park. This
previous incident had been reported to the police which did not, according to
the author, investigate it but dismissed it as a "boyish joke".
2.5 The author immediately reported the incident of 20 July 1991 to the police.
He complains that the police requested to see his residence permit and a copy of
his rental agreement instead of swiftly investigating the matter; according to
him, the police was reluctant to investigate the incident expeditiously and
thoroughly, which allegedly had to do with his colour. Two of his son’s
assailants were briefly kept in police custody for interrogation; another was
remanded in custody for another week.
2.6 The author claims that the court proceedings against his son’s aggressors
were biased, and that the defendants were allowed to "distort" the evidence in
the case. Eventually, one received a suspended prison sentence of 60 days,
whereas two others were sentenced to pay ten daily fines of 50 and 100 Danish
kroner (DKr), respectively. According to the author, the outcome of the case
was at odds with the medical evidence presented and the doctor’s testimony in
court. Mr. P complains about an alleged "judicial cover-up" of the case, noting
that the mother of one of the defendants works for the Roskilde District Court.
The author’s attempts to have the case removed from the docket of the Roskilde
District Court and moved to another venue in Copenhagen were unsuccessful. In
his initial submission, the author does not state whether he appealed the
sentence against his son’s aggressors pronounced by the District Court.
-142-
2.7 Concerning his dismissal from the Roskilde Technical School, the author
notes that he filed a complaint for "racial harassment and unlawful dismissal".
This complaint was heard on 8 and 9 April 1992, 11 months after the dismissal;
it appears that, initially, the case was to be heard in January 1992. The
author asserts that the school director and the technical manager "conspired" to
distort and blur all the evidence. The judge dismissed the author’s complaint,
in a reasoned judgement of 29 pages, adding that Mr. P was not entitled to
monetary compensation but to have his court and legal fees waived. According to
the author, the judge refused to grant leave to a higher tribunal. On 10 June
1992, therefore, the author wrote to the Attorney-General, who advised him to
submit the case to the Civil Rights Department. By letter dated
3 February 1993, the Department replied that the deadline for filing an appeal
had expired. The author suspects that, since he had told his legal
representative that he wanted to appeal, all the parties involved are
"conspiring that he [should] not bring a racism case against ... the Danish
Government".
2.8 Finally, the author refers to a malpractice suit which he filed against his
lawyer. It transpires from his submissions that a panel of lawyers and judges,
which included a judge of the Danish Supreme Court, has also dismissed this
complaint.
The complaint
3.1 The author complains that he and his son have been victims of racial
discrimination on the part of the Roskilde police and judicial authorities, and
concludes that the judicial system and legal profession have shown much
solidarity in covering up and dismissing his own and his son’s case. He
contends that there is no domestic law which would protect non-citizens and
non-whites from racial harassment and unlawful dismissal in Denmark.
3.2 The author seeks: (a) a ruling under whose terms he is given a new hearing
in his suit for unlawful dismissal against the Roskilde Technical School;
(b) the Committee’s recommendation that the aggressors of his son be re-indicted
and prosecuted/tried once again for the offence of 20 July 1991; and (c) a
condemnation of the attitude of the police and judicial authorities involved in
the case.
The State party’s information and observations and the author’s comments thereon
4.1 In its submission under rule 92 of the Committee’s rules of procedure, the
State party divides the complaint into the suit for unlawful dismissal filed by
Mr. P. and the criminal proceedings against the presumed aggressors of his son.
4.2 As to the first issue, the State party observes that, in April 1992, the
Roskilde Court heard the complaint filed by the author on 19 November 1991 with
a request that he be awarded 100,000 DKr for unlawful dismissal, and that it
delivered its judgement on 5 May 1992. It notes that the author’s claim, based
on section 26 of the Liability for Damages Act, was founded partly on the
argument that the Technical School had not taken any measures in connection with
the appearance of the bricks with typically racist motives, partly on the claim
that the school had remained passive vis-à-vis the author’s request to discuss
the matter in the Cooperation Committee, partly on the claim that the school had
reacted to the author’s grievances by transferring him to a post including work
as a canteen watchman, and that the school had later dismissed him without any
valid reason.
-143-
4.3 The State party notes that the Court, in its judgement, found that the
author had not submitted the matter involving the display of the bricks to the
school authorities until several weeks after Mr. P. had first seen the bricks.
This delay, the Court held, contributed significantly to impeding the
investigations into who was responsible for the display. On that ground, it
concluded that the mere fact that investigations were slack was not in itself
sufficient to hold the school liable for damages.
4.4 The Court, in its judgement, characterized as "very unfortunate" the

failure of the school to take up Mr. P.’s complaints for detailed discussion of
the incident in the Cooperation Committee when asked to do so, but found that
this alone did not give rise to liability for damages. The Court further held
that, at the time of Mr. P.’s transfer to another post, his dismissal would have
been justified for financial reasons. The Court argued that the school could
not be blamed for having tried to keep Mr. P. at work through transfer to
another job which, in the judges’ opinion, was not "obviously degrading", as
claimed by the author.
4.5 The Court further observed that the fact that it did not become known until
the examination of witnesses during the court hearing that the principal of the
school had indeed had one of the bricks in his possession and had shown them to
some of his assistants could not - however unfortunate this might appear - be
deemed an unlawful act giving rise to the liability of the school.
4.6 With regard to the issue of exhaustion of domestic remedies by Mr. P., the
State party gives the following information:
Pursuant to section 368 of the Administration of Justice Act, the author

could appeal the judgement of the Roskilde Court to the Eastern Division of
the Danish High Court.
Under section 372(1), the time allowed for appeal is four weeks from the
day the judgement is given. Sections 372(2) and 399(2) regulate some
exceptions to this rule and allow for appeals even after the expiration of
this period.
4.7 By letter of 25 May 1992 addressed to the Ministry of Justice, the author
outlined the circumstances which led to the proceedings before the Roskilde
Court and its judgement in the case. No information was given in this letter as
to when judgement had been given, nor were details given about the nature of the
legal action. On 9 June 1992, the Ministry of Justice informed the author that
it could not intervene in, or change, decisions handed down by courts of law.
In this letter, the Ministry advised the author that he could appeal the
judgement to the Eastern Division of the High Court and informed him about the
statutory deadlines for the filing of such an appeal.
4.8 On 10 June 1992, the author petitioned the Department of Private Law in the
Ministry of Justice for permission to appeal after the expiration of the period
allowed for appeal (section 372(2) of the Administration of Justice Act). The
Department then obtained the documents in the case as well as a statement from
the author’s lawyer, P. H. In a letter dated 18 September 1992, P. H. stated
that he had sent a copy of the judgement of 5 May to the author on 6 May 1992,
advising him that, in his opinion, there was not ground for appeal. As the
lawyer did not hear from Mr. P., he wrote to him again on 19 May, requesting him
to contact him telephonically. According to the lawyer, Mr. P. did not contact
him until after the expiration of the appeal deadline, informing him that he
indeed did want to appeal the judgement; in this connection, the author told
-144-
P. H. that he had not reacted earlier because he had been in the United States.
The lawyer then explained the operation of section 372 of the Administration of
Justice Act to him.
4.9 After completing its review of the case, the Department of Private Law
refused, by letter dated 3 February 1993, to grant permission to appeal the
judgement of the Court of Roskilde to the Eastern Division of the Danish High
Court. Against this background, the State party contends that the author’s
complaint must be declared inadmissible on the ground of non-exhaustion of
domestic remedies. It is due to the author’s own actions and/or negligence that
the judgement of 5 May 1992 was not appealed in time.
4.10 In this context, the State party notes that Mr. P. contacted the
Department of Private Law once again on the same matter on 7 January 1994. His
letter was interpreted by the Department as a request for reconsideration of the
issue. By letter of 16 March 1994, the Department maintained its decision of
3 February 1993. By letter of 7 June 1994 addressed to the Department of
Private Law rather than to the Supreme Court of Denmark, the author applied for
legal aid for the purpose of filing an application with the Supreme Court, so as
to obtain permission for an extraordinary appeal under section 399 of the
Administration of Justice Act. On 9 August 1994, the Department informed him
that an application to this effect had to be examined at first instance by the
County of Roskilde, where his application had thus been forwarded to.
4.11 With regard to the events of 20 July 1991 involving the author’s son, the
State party refers to the transcript of the hearing before the Court of
Roskilde, which shows that the incident opposing M. P. to three young residents
of Roskilde was thoroughly examined, and evidence properly evaluated, by the
Court. It notes that during the proceedings, medical certificates were obtained
concerning the injuries sustained by M. P. On 25 November 1991, the Chief
Constable of Roskilde filed charges against the three offenders, M. M. H.,
A. A. O. and J. V. B. The case was heard before the Roskilde Court with the
assistance of a substitute judge of the City Court of Copenhagen, as one of the
accused was the son of a clerk employed by the Roskilde Court. Additionally,
there were two lay judges, as the case involved an offence punishable by the
loss of liberty (section 686(2) of the Administration of Justice Act).
4.12 On 27 January 1992, the Court of Roskilde handed down its judgement in the
case. The Chief Constable of Roskilde found the punishment imposed on M. M. H.
(60 days’ suspended prison sentence) too lenient. He therefore recommended to
the public prosecutor for Zealand that the sentence against Mr. H. be appealed
to the Eastern Division of the High Court, with a view to having an
unconditional prison term imposed on Mr. H. The public prosecutor followed the
advice and appealed, and the Eastern Division of the High Court, composed of
three professional and three lay judges, heard the case on 3 June 1992. The
Court concluded that given the violent nature of Mr. H.’s attack on M. P., an
unconditional prison sentence of 40 days should be imposed.
4.13 As regards Mr. P.’s allegations submitted to the Committee on behalf of

his son, the State party argues that they are inadmissible, partly because they
fall outside the scope of the Convention, partly because they are manifestly
ill-founded. It notes that the communication does not give any details about
the nature of the violations of the Convention in relation to the way in which
the authorities and tribunals handled the criminal case against the three
persons accused of violence against M. P.
4.14 The State party denies that, because of the race and colour of M. P., the
-145-
courts gave the three offenders a lighter sentence than others would have
received for similar use of violence. It points out that no importance
whatsoever was attached, in the proceedings either before the Roskilde Court or
those before the Eastern Division of the High Court, to this element. It is
submitted that on the contrary, both the courts and the police of Roskilde took
the case against the three individuals accused of aggressing M. P. very
seriously: this appears both from the sentence imposed on Mr. H. and from the
fact that he was remanded in custody after the incident, upon order of the Court
of Roskilde of 21 July 1991.
4.15 The State party further recalls that the prosecution authorities felt that
the sentence of the Court of Roskilde was too lenient with regard to one of the
aggressors, which is why this sentence was appealed to the Eastern Division of
the High Court, which increased the sentence from 60 days’ imprisonment
(suspended) to 40 days’ unconditional imprisonment. In this connection, it is
noted that an unconditional sentence is exactly what the prosecution had called
for initially.
4.16 Finally, as regards the question of damages to M. P., the State party
notes that in the judgement of 27 January 1992 of the Roskilde Court, he was
awarded DKr 3,270, which Mr. H. was required to pay. According to the decision
of the Eastern Division of the High Court, of 3 June 1992, Mr. H. had paid this
amount by that time. Damages awarded by this sentence covered only pain and
suffering, while M. P.’s request that the offenders’ liability to pay damages to
him should be included in the sentence was referred to the civil courts.
Pursuant to section 993 (2) of the Administration of Justice Act, claims for
damages may be brought before the (civil) courts for decision. The State party
ignores whether the author’s son has in fact instituted (civil) proceedings in
this matter.
5.1 In his comments, dated 25 January 1995, the author takes issue with most of
the State party’s arguments and reiterates that he was denied his civil rights,
as were his son’s. He again refers to the trial against the three individuals
who had aggressed his son as "a farce", and complains that the lawyer assigned
to represent his son never told the latter what to expect, or how to prepare
himself for the hearing. Mr. P. complains that the judge was biased in allowing
the accused to present their version of the incident one after the other without
interference from the Court. He dismisses several passages in the judgement as
"directly misleading" and complains that a professional judge was allowed to ask
his son "subjective questions" and use his answers against him. He further
asserts that by concluding that, on the basis of the testimonies heard by the
court, it was impossible to say who exactly started the fight, the Court
"protect[ed] racist attitudes of the whites" and used a "camouflage excuse to
find the accused innocent".
5.2 The author further refers to what he perceives as a miscarriage of justice:

what exactly the miscarriage consists of remains difficult to establish, but it
would appear that the author objects in particular to the way the judge
interrogated his son and allowed the testimony of the accused to stand. The
author strongly objects to the decision of the prosecution not to appeal the
sentences against two of the accused. The author sums up the Court’s attitude
as follows: "I ask how can a judge determine a fair decision without hearing
all the evidence or even worse just listening to the criminals explaining unless
he wanted to pass a lenient sentence. Which he did. Very unprofessional."
5.3 As to the proceedings concerning the allegedly racist and unlawful

dismissal from employment at the Roskilde Technical School, the author
-146-
reiterates his version of the events and submits that he has "exhausted every
possible known means to be heard and appeal [his] case". He contends that the
school was not justified in dismissing him out of financial considerations, as
it had recently expanded its facilities and could have used the services of a
shop steward. He alleges that before the Court, the director of the Technical
School committed perjury.
5.4 The author emphatically asserts that the delays in appealing the decision
of the Roskilde Court should not be attributed to him. He notes that he had
trusted his lawyer to handle the issue of the appeal; contrary to the assertion
of the State party and his former representative, he contends that he did
contact his lawyer to confirm that he wanted to appeal "at all cost", even
though his lawyer had advised him that the chances of succeeding on appeal were
slim. He blames his lawyer for having acted evasively at around the time - that
is, during the first days of June 1992 - when the deadline for appealing the
decision of the Court of Roskilde was approaching. Furthermore, the author once
again, even if indirectly, accuses his representative of malpractice and
suspects that the lawyer struck a deal with the judge not to have the venue of
the case transferred to the Copenhagen High Court.
5.5 In conclusion, the author contends that the State party’s submission is
replete with "preposterous inconsistencies" and dismisses most of its
observations as "misleading", "incorrect", "untrue" or "direct misleading". It
is obvious that he contests the evaluation of evidence made by the Courts in
both cases - his action against the Technical School and the criminal case
against the aggressors of his son - and is convinced that the cases were
dismissed because of racist attitudes of all concerned vis-à-vis himself and his
son. He complains that there is "no affirmative action against racism in
Denmark today".
Issues and proceedings before the Committee
6.1 Before considering any claims contained in a communication, the Committee

on the Elimination of Racial Discrimination must, in accordance with rule 91 of
its rules of procedure, determine whether or not it is admissible under the
Discrimination.
6.2 The Committee has noted the arguments of the parties in respect of the
issue of exhaustion of domestic remedies concerning Mr. P.’s claim of unlawful
dismissal by the Technical School of Roskilde. It recalls that the Court of
Roskilde heard the complaint on 19 November 1991 and delivered its reasoned
judgement on 5 May 1992; said judgement was notified to the author by his lawyer
on 6 May 1992. The author affirms that he did convey to his lawyer in time that
he wanted to appeal this judgement, and he blames the lawyer for having acted
negligently by failing to file the appeal within statutory deadlines. The
Committee notes that the file before it reveals that the author’s lawyer was
privately retained. In the circumstances, this lawyer’s inaction or negligence
cannot be attributed to the State party. Although the State party’s judicial
authorities did provide the author with relevant information on how to file his
appeal in a timely manner, it is questionable whether, given the fact that the
author alleged to have been the victim of racial harassment, the authorities
have really exhausted all means to ensure that the author could enjoy
effectively his rights in accordance with article 6 of the Convention. However,
since the author did not provide prima facie evidence that the judicial
authorities were tainted by racially discriminatory considerations and since it
was the author’s own responsibility to pursue the domestic remedies, the
-147-
Committee concludes that the requirements of article 14, paragraph 7 (a), of the
Discrimination, are not met.
6.3 As to the part of the author’s case relating to the criminal proceedings
against the aggressors of his son, the Committee notes that the police took
these aggressors into custody after the author had reported the incident of
20 July 1991, and that the Chief Constable of the Roskilde police subsequently
requested that they be criminally prosecuted. It also observes that the fact
that one of the accused was the son of a Court clerk was duly taken into
account, in that the authorities nominated a substitute judge from another venue
to sit on the case. Moreover, it must be noted that the Chief Constable of
Roskilde recommended, after judgement in the case had been passed, that the
sentence against one of the offenders be appealed, with a view to increasing the
sentence against Mr. H.; the public prosecutor for Zealand complied with this
request, and the Eastern Division of the High Court imposed a term of
unconditional imprisonment on Mr. H. After a careful review of available
documents in the case of the author’s son, the Committee finds that these
documents do not substantiate the author’s claim that either the police
investigation or the judicial proceedings before the Court of Roskilde or the
Eastern Division of the High Court were tainted by racially discriminatory
considerations. The Committee concludes that no prima facie case of violation
of the Convention has been established in respect of this part of the
communication, and that, therefore, it is equally inadmissible.
7. The Committee on the Elimination of Racial Discrimination therefore

decides:
(a) That the communication is inadmissible;
(b) That this decision shall be transmitted to the State party and to the
author.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
96-01080 (E) 120698 -148-

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A/50/18

United Nations · New York, 1998

[19 January 1996]*

Chapter Paragraphs Page

Letter of transmittal ............................................ vii

I. ORGANIZATIONAL AND RELATED MATTERS ................... 1 - 19 1

A. States parties to the International Convention on

B. Sessions and agenda .............................. 3 - 4 1

C. Membership and attendance ........................ 5 - 7 1

D. Officers of the Committee ........................ 8 2

E. Cooperation with the International Labour

F. Other matters .................................... 11 - 18 3

G. Adoption of the report .......................... 19 4

II. PREVENTION OF RACIAL DISCRIMINATION, INCLUDING EARLY

A. Decisions adopted by the Committee ............... 25 - 26 6

1 (46) Report requested urgently from the Russian

2 (46) Decision on the situation in Mexico .................. 7

3 (46) Reports requested urgently from Algeria .............. 7

4 (46) Report requested urgently from the former

6 (46) Report requested urgently from Burundi ............... 8

7 (46) Rwanda ............................................... 8

8 (46) Papua New Guinea ..................................... 8

1 (47) The situation in Burundi ............................. 9

* Originally issued in an advance version as document A/50/18 of

Chapter Paragraphs Page

2 (47) The situation in Bosnia and Herzegovina .............. 11

3 (47) The situation in Papua New Guinea .................... 12

B. Further action taken by the Committee ............ 27 - 29 13

III. CONSIDERATION OF REPORTS, COMMENTS AND INFORMATION

A. Reports considered ............................... 30 - 668 14

Trinidad and Tobago .............................. 31 - 48 14

Italy ............................................ 77 - 109 20

Sri Lanka ........................................ 110 - 142 25

Croatia .......................................... 143 - 178 29

Peru ............................................. 179 - 204 34

Bosnia and Herzegovina ........................... 205 - 225 38

Federal Republic of Yugoslavia (Serbia and

Romania .......................................... 247 - 278 45

Guatemala ........................................ 279 - 320 50

Belarus .......................................... 321 - 352 55

Mexico ........................................... 353 - 398 58

New Zealand ...................................... 399 - 459 64

El Salvador ...................................... 460 - 498 74

Nicaragua ........................................ 499 - 541 80

United Arab Emirates ............................. 542 - 572 86

United Republic of Tanzania ...................... 573 - 586 89

Sierra Leone ..................................... 587 - 592 91

Somalia .......................................... 593 - 596 92

Madagascar ....................................... 597 92

Chapter Paragraphs Page

Nigeria .......................................... 598 - 636 92

Chad ............................................. 637 - 668 97

B. Statement concerning Israel adopted by the

IV. CONSIDERATION OF COMMUNICATIONS UNDER ARTICLE 14 OF

V. CONSIDERATION OF COPIES OF PETITIONS, COPIES OF

VI. ACTION BY THE GENERAL ASSEMBLY AT ITS FORTY-NINTH

A. Annual report submitted by the Committee on the

B. Effective implementation of international