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I-Newswire.com (press release)
March 11 2005
COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES
SIXTY-SIXTH SESSION
The Committee on the Elimination of Racial Discrimination today
concluded its sixty-sixth session and issued its concluding
observations on reports presented by the Lao People~Rs Democratic
Republic, France, Luxembourg, Australia, Ireland, Bahrain and
Azerbaijan on how those countries implement the provisions of the
International Convention on the Elimination of All Forms of Racial
Discrimination.
i-Newswire, 2005-03-12 - The Committee on the Elimination of Racial
Discrimination today concluded its sixty-sixth session and issued its
concluding observations on reports presented by the Lao People~Rs
Democratic Republic, France, Luxembourg, Australia, Ireland, Bahrain
and Azerbaijan on how those countries implement the provisions of the
International Convention on the Elimination of All Forms of Racial
Discrimination.
On the reports of the Lao People~Rs Democratic Republic, the Committee
commended the efforts of the State party to reduce poverty,
particularly in rural areas and among ethnic groups. It noted with
concern that no clear definition of racial discrimination existed in
domestic legislation and that the Convention was not incorporated
into domestic legislation. It recommended that the State party
describe in its next periodic report the scope of a policy of
resettling members of ethic groups from the mountains and highland
plateaux to the plains, the ethnic groups concerned, and the impact
of these policies on their lifestyles.
Concerning the reports of France, the Committee took note with
satisfaction of the many legislative measures designed to reinforce
efforts to combat racial discrimination. It expressed its concern
about the de facto inequality affecting immigrants and population
groups of immigrant origin vis-à-vis other nationals, in the field of
employment and education, despite the State party~Rs substantial
efforts in this area. It recommended that the State party take the
necessary preventive measures to halt racist incidents involving
members of the security forces.
With regards to the reports of Luxembourg, the Committee noted with
satisfaction school curricula promoting interculturalism, the setting
up of some classes in the mother tongue of immigrant children and the
introduction of intercultural mediators in schools. While noting the
State party~Rs efforts to tighten up its laws and strengthen its
institutions combating racial discrimination, the Committee said that
racist and xenophobic incidents, in particular against Arabs and
Muslims, and discriminatory attitudes towards ethnic groups were
still encountered in the country. It encouraged the State party to
include within training a specific focus on the problems of racism
and discrimination.
On the reports of Australia, the Committee noted with satisfaction
that serious acts of racial hatred or incitement to racial hatred
were criminal offences in most AustralianStates and Territories. The
Committee expressed its concern about the abolition of the Aboriginal
and Torres Strait Islander Commission, the main policy-making body in
Aboriginal affairs. It recommended that the State party increase its
efforts to eliminate prejudice against Arab and Muslim Australians,
and to ensure that enforcement of counter-terrorism legislation did
not disproportionately impact on specific ethnic groups and people of
other national origins.
With regards to the reports of Ireland, the Committee welcomed the
enactment of a comprehensive legislative framework on
anti-discrimination and welcomed the decision by the State party to
include a question of ethnicity in the next consensus in 2006. It
regretted that the State party had not yet incorporated the
Convention into domestic legal order, particularly in light of the
fact that the State party had incorporated other international
instruments into domestic law. It encouraged the State party to
review its security procedures and practices at entry points with a
view to ensuring that they were carried out in a non-discriminatory
manner.
Concerning the reports of Bahrain, the Committee welcomed the
meaningful political, legal and economic reforms on which the State
party had embarked. The Committee regretted that there was no
national human rights institution in Bahrain and was concerned over
the lack of integrationist multi-racial organizations and movements
in the State party. It encouraged the State party to maintain a
dialogue with all civil society organizations, including those
critical of its policies.
And with regards to the reports of Azerbaijan, the Committee noted
with satisfaction the enactment of new legislation containing
anti-discrimination provisions. It was concerned that, according to
reports, incidents of racial discrimination against Armenians occur
and that a majority of the Armenians residing in Azerbaijan prefer to
conceal their ethnic identity in order to avoid being discriminated
against. Among other things, the Committee recommended that the
State party adopt measures to promote intercultural understanding and
education between ethnic groups.
The Committee also issued decisions on the situations in the Sudan (
concerning Darfur ), New Zealand and Suriname.
On the Sudan, the Committee said that taking into consideration its
regular practices, as well as its obligation to inform, under its
early-warning and urgent-action procedure, of any warning signals
that a situation may deteriorate still further, it recommended to the
Secretary-General, and through him, the Security Council, the
deployment, without further delay, of a sufficiently enlarged African
Union force in Darfur with a Security Council mandate to protect the
civilian population against war crimes, crimes against humanity, and
the risk of genocide.
Concerning New Zealand, the Committee expressed its appreciation at
having had the opportunity to engage in a constructive dialogue with
the State party. Bearing in mind the complexity of the issues
involved, the New Zealand Foreshore and Seabed Act 2004 appeared to
the Committee, on balance, to contain discriminatory aspects against
the Maori, in particular in its extinguishment of the possibility of
establishing Maori customary title over the foreshore and seabed and
its failure to provide a guaranteed right of redress, notwithstanding
the State party~Rs obligations under articles 5 and 6 of the
Convention.
And with regards to Suriname, which was reviewed under the follow-up
procedure, the Committee noted that under the draft Mining Act in the
State party, indigenous and tribal peoples would be required to
accept mining activities on their lands following agreement on
compensation with the concession holders, and that, if agreement
could not be reached, the matter would be settled by the executive,
and not the judiciary. It recommended that indigenous and tribal
peoples should be granted the right of appeal to the courts, or any
independent body specially created for that purpose, in order to
uphold their traditional rights and their right to be consulted
before concessions are granted and to be fairly compensated for any
damage.
The Committee also adopted a declaration on the prevention of
genocide which was prepared by Committee Expert Agha Shahi following
a thematic discussion on the subject during the session. Among other
things, the declaration expressed the Committee~Rs resolve to
strengthen and refine its anti-racial discrimination early warning
and urgent action, as well as follow-up procedures in all situations
with indications of possible violent conflict and genocide.
The Committee agreed to continue its general debate on
multiculturalism at its next session to analyse the ways in which it
had been addressing this issue when adopting its decisions and
recommendations and to improve its work in this regard.
The Committee~Rs sixty-seventh session will be held at the Palais des
Nations in Geneva from 1 to 19 August 2005, when the Experts will
review the reports of Nigeria, Barbados, Georgia, Venezuela, Zambia,
Turkmenistan, Iceland, Tanzania and Lithuania. Under its review
procedures, the Committee will review the situation in Bosnia and
Herzegovina, the Seychelles, Saint Lucia, Malawi and Mozambique.
Concluding Observations on Country Reports Considered this Session
Lao People~Rs Democratic Republic
After considering the sixth to fifteenth periodic reports of the Lao
People~Rs Democratic Republic, the Committee commended the efforts of
the State party to reduce poverty, particularly in rural areas and
among ethnic groups. The Committee noted with satisfaction that the
State party had adopted penal measures in 2004 to combat trafficking
in persons and was pleased to learn that the Convention had been
translated into Lao. The Committee also welcomed the programme of
cooperation undertaken by the State party and the United Nations
Development Programme relating to the ratification and implementation
of international human rights instruments.
The Committee noted with concern that no clear definition of racial
discrimination existed in domestic legislation and that the
Convention was not incorporated into domestic legislation. It also
regretted that there was no national human rights institution in the
country. The Committee noted the absence of legislative provisions
criminalizing acts of violence and incitement to violence on racial
grounds and recommended that the State party conduct studies with a
view to assessing and evaluating in concrete terms the extent to
which racial discrimination existed in the country and to ascertain
its principal causes. While noting that the State party had adopted
a policy of resettling members of ethic groups from the mountains and
highland plateaux to the plains, the Committee recommended that the
State party describe in its next periodic report the scope of the
resettlement policies being implemented, the ethnic groups concerned,
and the impact of these policies on the lifestyles of these groups
and on the enjoyment of their economic, social and cultural rights.
The Committee also remained concerned by persistent allegations of
conflict between the Government and certain members of the Hmong
minority who took refuge in forest and mountainous areas of the Lao
People~Rs Democratic Republic after 1975 and strongly encouraged the
State party to authorize United Nations agencies to provide emergency
humanitarian assistance to this group. The Committee was also
concerned about reports of violence that had been perpetrated against
members of this group, in particular allegations that soldiers had
brutalized and killed a group of five Hmong children in May 2004.
France
Following its review of the fifteenth and sixteenth periodic reports
of France, the Committee took note with satisfaction of the many
legislative measures designed to reinforce efforts to combat racial
discrimination, and in particular the Act of 16 November 2001
concerning measures to combat discrimination; the Social
Modernization Act of 17 January 2002; the Act of 9 March 2004 on the
adaptation of the system of justice to developments in the area of
crime; and the Act of 30 December 2004 setting up a High Authority
against Discrimination and for Equality. The Committee also welcomed
the provision in the Act of 10 December 2003 widening the scope of
refugee protection to include those persecuted by non-State actors
and the fact that, since the adoption of its ruling of 1 June 2002,
the Criminal Division of the Court of Cassation had allowed the
practice of discrimination testing as a form of evidence in the area
of racial discrimination, and encouraged the State party to promote
more frequent recourse to it.
The Committee expressed its concern about the de facto inequality
affecting immigrants and population groups of immigrant origin
vis-à-vis other nationals, in the field of employment and education,
despite the State party~Rs substantial efforts in this area. Despite
the State party~Rs efforts, the Committee remained concerned about the
situation of non-citizens and asylum-seekers in holding centres and
areas, as well as delays in processing applications from refugees for
family reunification. Among other things, the Committee recommended
to the State party that it should strengthen the supervision of
police personnel responsible for the reception and day-to-day
monitoring of holding centres for non-citizens and asylum-seekers.
The Committee shared the concerns expressed by the delegation
relating to the increase in racist, anti-Semitic and xenophobic acts
and encouraged the State party to apply more effectively the existing
provisions designed to combat such acts.
The Committee also recommended that the State party take the
necessary preventive measures to halt racist incidents involving
members of the security forces. It encouraged the State party to
criminalize attempts to deny war crimes and crimes against humanity
as defined in the statute of the International Criminal Court, and
not only those committed during the Second World War. Moreover, the
Committee recommended that the State party should take all
appropriate steps to ensure that local population groups in overseas
departments who did not have full command of French benefited from
the services of translator/interpreters, especially in their contacts
with the system of justice.
Luxembourg
After reviewing the tenth to thirteenth periodic reports of
Luxembourg, the Committee noted with appreciation the information
provided by the delegation on the implementation of a national plan
of action on the follow-up to the World Conference against Racism,
Racial Discrimination, Xenophobia and Related Intolerance. The
Committee welcomed the entry into force of the Act of 8 June 2004 on
freedom of expression in the media, which called for a code of ethics
to govern the pursuit of journalistic activity. The Committee also
noted with satisfaction school curricula promoting interculturalism,
the setting up of some classes in the mother tongue of immigrant
children and the introduction of intercultural mediators in schools.
While noting the State party~Rs efforts to tighten up its laws and
strengthen its institutions combating racial discrimination, the
Committee said that racist and xenophobic incidents, in particular
against Arabs and Muslims, and discriminatory attitudes towards
ethnic groups were still encountered in the country. The Committee
encouraged the State party to combat racist and xenophobic propaganda
found on Internet sites and suggested that the State party ratify the
Council of Europe Convention on Cybercrime and its Additional
Protocol concerning the criminalization of acts of a racist and
xenophobic nature committed through computer systems. While
recognizing the steps taken by the State party to combat racial
discrimination, the Committee noted with concern that certain
vulnerable groups, such as non-nationals, refugees and
asylum-seekers, were not afforded sufficient protection.
The Committee expressed its concern that a number of non-nationals
were illegally employed in Luxembourg, and might, thus, be exposed to
abuse by their employers. The Committee encouraged the State party
to take concrete steps to prevent and provide redress for the serious
problems faced by non-citizen workers in this regard, ensuring that
employers that employed illegal workers were sanctioned. The
Committee also encouraged the State party to include within training
a specific focus on the problems of racism and discrimination, and to
ensure that all officials who come into contact with minority groups
receive training of this type.
Australia
After considering the thirteenth and fourteenth periodic reports of
Australia, the Committee noted with satisfaction that serious acts of
racial hatred or incitement to racial hatred were criminal offences
in most AustralianStates and Territories. The Committee noted with
satisfaction that significant progress had been achieved in the
enjoyment of economic, social and cultural rights by the indigenous
peoples. It welcomed the commitment of all Australian governments to
work together on this issue through the Council of Australian
Governments, as well as the adoption of a national strategy on
indigenous family violence. The Committee also noted with great
interest the diversionary and preventative programmes aimed at
reducing the number of indigenous juveniles entering the criminal
justice system, as well as the development of culturally sensitive
procedures and practices among the police and the judiciary.
The Committee expressed its concern about the abolition of the
Aboriginal and Torres Strait Islander Commission, the main
policy-making body in Aboriginal affairs which consisted of elected
indigenous representatives. The Committee also noted with concern
reports that prejudice against Arabs and Muslims in Australia had
increased and that the enforcement of counter-terrorism legislation
may have an indirect discriminatory effect against Arab and Muslim
Australians. It recommended that the State party increase its
efforts to eliminate such prejudice, and ensure that enforcement of
counter-terrorism legislation does not disproportionately impact on
specific ethnic groups and people of other national origins. The
Committee noted with concern the persistence of diverging perceptions
between governmental authorities and indigenous peoples and others on
the compatibility of the 1998 amendments to the Native Title Act with
the Convention and further recommended that the State party reopen
discussions with indigenous peoples with a view to discussing
possible amendments to the Native Title Act and finding solutions
acceptable to all.
The Committee remained concerned about the striking
over-representation of indigenous people in prisons, as well as the
percentage of indigenous deaths in custody. The Committee expressed
concern about the mandatory detention of illegal migrants, including
asylum-seekers, in particular when such detention affected women,
children, unaccompanied minors, and those who were considered to be
stateless. It also expressed its concern that many persons had been
in such administrative detention for over three years. The Committee
recommended that the State party review the mandatory, automatic and
indeterminate character of the detention of illegal migrants.
Ireland
After considering the initial and second periodic reports of Ireland,
the Committee commended the State party for the recent adoption of
the first National Action Plan against Racism, and the extensive
consultations with civil society organizations during the drafting of
this plan and noted with appreciation the establishment of several
independent institutions with competence in the field of human rights
and racial discrimination, namely the Irish Human Rights Commission,
the Equality Authority and the National Consultative Committee on
Racism and Interculturalism. The Committee welcomed the enactment of
a comprehensive legislative framework on anti-discrimination and
welcomed the decision by the State party to include a question of
ethnicity in the next consensus in 2006. It encouraged the State
party to include in its next periodic report detailed information on
the population, including non-citizens.
The Committee regretted that the State party had not yet incorporated
the Convention into domestic legal order, particularly in light of
the fact that the State party had incorporated other international
instruments into domestic law. The Committee encouraged the State
party to continue to combat prejudice and xenophobic stereotyping,
especially in the media, and to fight prejudice and discriminatory
attitudes. In this context, the Committee recommended that the State
party introduce in its criminal law a provision that committing an
offence with a racist motivation or aim constituted aggravating
circumstance allowing for a more severe punishment. The Committee
was concerned about reported instances of exploitation of foreign
workers by some employers and of violations of labour regulations
prohibiting discrimination and encouraged the State party to ensure
full practical implementation of legislation prohibiting
discrimination in employment and in the labour market. The Committee
also regretted the absence of special detention facilities for asylum
seekers whose request for asylum had been rejected and for
undocumented migrants awaiting deportation and noted the reported
occurrence of instances of discriminatory treatment against foreign
nationals entering Ireland during security checks at airports. It
encouraged the State party to review its security procedures and
practices at entry points with a view to ensuring that they were
carried out in a non-discriminatory manner.
The Committee also expressed concern about allegations of
discriminatory behaviour by the police towards members of minority
groups and regretted that data on complaints of racial discrimination
against the police had not been provided in the report. While noting
the efforts made so far by the State party with regard to the
situation of members of the Traveller community in the field of
health, housing, employment and education, the Committee remained
concerned about the effectiveness of policies and measures in these
areas. In this context, it recommended that the State party
intensify its efforts to fully implement the recommendations of the
Task Force on the Traveller community, and that all necessary
measures be urgently taken to improve access by Travellers to all
levels of education, their employment rates, as well as their access
to health services and to accommodation suitable to their lifestyle.
Bahrain
Following its consideration of the sixth and seventh periodic reports
of Bahrain, the Committee welcomed the meaningful political, legal
and economic reforms on which the State party had embarked, and noted
in particular the adoption of the National Action Charter in 2001,
the promulgation of the amended Constitution and the creation of the
Constitutional Court in 2002, as well as the establishment of a new
bi-cameral parliament with an elected chamber of deputies. The
Committee appreciated the establishment of Trade Unions in 2002 for
the first time in Bahrain, as well as of cultural associations
composed of foreigners. The Committee also welcomed the organization
of several training programmes addressed to the judiciary and law
enforcement officials on the promotion and protection of human rights
in the field of racial discrimination.
The Committee regretted that the State party had not provided
specific data on the ethnic composition of the population, and
recalled that such information was necessary to assess the practical
implementation of the Convention. The Committee took note of the
abolition of the Human Rights Committee which was designed to provide
advice to the head of State and to the executive authorities on a
wide range of human rights issues, including those matters relating
specifically to the Convention. Furthermore, the Committee regretted
that there was no national human rights institution in Bahrain. The
Committee was also concerned over the lack of integrationist
multiracial organizations and movements in the State party and in
particular over the banning of the Bahrain Centre for Human Rights.
It encouraged the State party to maintain a dialogue with all civil
society organizations, including those critical of its policies.
The Committee noted with concern the reported disparate treatment and
discrimination faced by members of some groups, including in
particular the Shi~Ra that may be distinguishable by virtue of their
tribal or national origin, descent, culture and language. The
Committee was especially concerned about apparent disparate
opportunities that were afforded to such groups. The Committee also
regretted that no statistics were provided on cases where the
relevant provisions of domestic legislation concerning racial
discrimination were applied and recommended that the State party
consider whether the lack of formal complaints may be the result of
the victims~R lack of awareness of their rights, lack of confidence in
the police and judicial authorities, or the authorities~R lack of
attention, sensitivity, or commitment to cases of racial
discrimination.
Azerbaijan
After reviewing the third and fourth periodic reports of Azerbaijan,
the Committee noted with satisfaction the enactment of new
legislation containing anti-discrimination provisions, including the
Criminal Code and the Code of Criminal Procedure and welcomed the
establishment of the Office of the Human Rights Commissioner of the
Republic of Azerbaijan, pursuant to the Constitutional Act on the
Ombudsman, adopted in December 2001. The Committee also welcomed the
State party~Rs ratification of the Framework Convention for the
Protection of National Minorities in 2000, the European Convention
for the Protection of Human Rights and Fundamental Freedoms in 2002
and the European Social Charter in 2004.
The Committee was concerned that, according to reports, incidents of
racial discrimination against Armenians occur and that a majority of
the Armenians residing in Azerbaijan prefer to conceal their ethnic
identity in order to avoid being discriminated against. While
welcoming the information provided by the delegation on
counter-trafficking measures taken by the State party, the Committee
expressed its concern that human trafficking, including of foreign
women, men and children remained a serious problem in the State
party, which was a country of origin and a transit point. The
Committee expressed its concern that asylum-seekers, refugees,
stateless persons, displaced persons and long-term residents residing
in Azerbaijan experienced discrimination in the areas of employment,
education, housing and health. The Committee requested the State
party to ensure that its asylum procedures did not discriminate in
purpose or effect between asylum seekers on the basis of race, colour
or ethnic or national origin.
Among other things, the Committee recommended that the State party
adopt measures to promote intercultural understanding and education
between ethnic groups. The Committee also encouraged the State party
to expand and strengthen existing efforts regarding human rights
education and requested the State party to pay particular attention
to the specific training of law enforcement officials in this regard.
It also noted the lack of sufficient information on efforts taken by
the State party to involve non-governmental organizations in the
preparation of the periodic report and encouraged the State party to
consult with civil society working in the area of combating racial
discrimination in the elaboration of its next periodic report.
Decisions
Decision on Situation in Darfur
The Committee, taking into consideration its regular practices, as
well as its obligation to inform, under its early-warning and
urgent-action procedure, of any warning signals that a situation may
deteriorate still further, referring to its decision adopted at its
last session on Darfur, and recalling its declaration on the
Prevention on Genocide of 11 March 2005, recommended to the
Secretary-General, and through him, the Security Council, the
deployment, without further delay, of a sufficiently enlarged African
Union force in Darfur with a Security Council mandate to protect the
civilian population, including those in camps, displaced persons and
refugees returning to their homes in Darfur, against war crimes,
crimes against humanity, and the risk of genocide.
Decision on Situation in New Zealand
In a decision on New Zealand, the Committee noted its review of the
compatibility of the New Zealand Foreshore and Seabed Act 2004 with
the provisions of the International Convention on the Elimination of
All Forms of Racial Discrimination in the light of information
received both from the Government of New Zealand and a number of
Maori non-governmental organizations and taking into account its
General Recommendation No. XXIII on indigenous peoples. The
Committee expressed its appreciation at having had the opportunity to
engage in a constructive dialogue with the State party and the State
party~Rs written and oral responses to its requests for information
related to the legislation, including those submitted on 17 February
and 9 March 2005. Bearing in mind the complexity of the issues
involved, the legislation appeared to the Committee, on balance, to
contain discriminatory aspects against the Maori, in particular in
its extinguishment of the possibility of establishing Maori customary
title over the foreshore and seabed and its failure to provide a
guaranteed right of redress, notwithstanding the State party~Rs
obligations under articles 5 and 6 of the Convention.
The Committee acknowledged with appreciation the State party~Rs
tradition of negotiation with the Maori on all matters concerning
them and urged the State party, in a spirit of goodwill and in
accordance with the ideals of the Waitangi Treaty, to resume a
dialogue with the Maori community with regard to the legislation in
order to seek ways of lessening its discriminatory effects, including
where necessary through legislative amendment. Moreover, the
Committee requested the State party to monitor closely the
implementation of the Foreshore and Seabed Act, its impact on the
Maori population and the developing State of race relations in New
Zealand and to take steps to minimize any negative effects,
especially by way of a flexible application of the legislation and by
broadening the scope of redress available to the Maori.
Suriname
After having reviewed the country situation in Suriname in private
session under its follow-up procedure, the Committee noted that,
under the draft Mining Act in the State party, indigenous and tribal
peoples would be required to accept mining activities on their lands
following agreement on compensation with the concession holders, and
that, if agreement could not be reached, the matter would be settled
by the executive, and not the judiciary. The Committee expressed its
concern that indigenous and tribal peoples could not as such seek
recognition of their traditional rights before the courts because
they were not recognized legally as juridical persons. It
recommended that indigenous and tribal peoples should be granted the
right of appeal to the courts, or any independent body specially
created for that purpose, in order to uphold their traditional rights
and their right to be consulted before concessions are granted and to
be fairly compensated for any damage. Moreover, the Committee
recommended to the State party that it ensure the compliance of the
revised draft Mining Act with the International Convention, as well
as with the Committee~Rs recommendations issued in March 2004.
Declaration on Prevention of Genocide
On the closing day of the session, the Committee adopted a
declaration on the prevention of genocide which was prepared by
Committee Expert Agha Shahi following a thematic discussion on the
subject during the session. The main elements of the declaration are
as follows:
The Committee welcomed the appointment of a Special Adviser to the
Secretary-General on the Prevention of Genocide with the mandate to
sound early warning and make appropriate recommendations for
prevention to the Security Council through the Secretary-General to
enable the international community to take timely action to prevent
genocide from occurring, and declared its determination to provide
the Special Adviser with relevant information on laws, policies and
practices that may indicate systematic discrimination. Moreover, as
suggested by the Special Adviser, the Committee intended to develop a
set of indicators related to genocide, including the cultural and
historic roots of genocide.
The Committee expressed its resolve to strengthen and refine its
anti-racial discrimination early warning and urgent action, as well
as follow-up procedures in all situations where indications of
possible violent conflict and genocide prevail and in such cases it
would consider in-country visits to obtain first-hand information.
The Committee considered it of vital importance that stronger
interaction is established between the United Nations human rights
treaty bodies and the Security Council and agreed with the findings
of the High-Level Panel in the current Threats, Challenges and Change
that developed countries had a particular responsibility to do more
to transform their armies into units suitable for deployment to peace
operations, among other things.
The Committee also considered it imperative to dispel the climate of
impunity that was hospitable to war crimes and crimes against
humanity by referral of perpetrators of these crimes to the
International Criminal Court at an early stage of indications of
genocide. It also urged the international community to look at the
need for a comprehensive understanding of the dimensions of genocide,
including in the context of situations of economic globalization
adversely affecting indigenous and disadvantaged communities.
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contact the company listed below. Please do not contact us as we are
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March 11 2005
COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES
SIXTY-SIXTH SESSION
The Committee on the Elimination of Racial Discrimination today
concluded its sixty-sixth session and issued its concluding
observations on reports presented by the Lao People~Rs Democratic
Republic, France, Luxembourg, Australia, Ireland, Bahrain and
Azerbaijan on how those countries implement the provisions of the
International Convention on the Elimination of All Forms of Racial
Discrimination.
i-Newswire, 2005-03-12 - The Committee on the Elimination of Racial
Discrimination today concluded its sixty-sixth session and issued its
concluding observations on reports presented by the Lao People~Rs
Democratic Republic, France, Luxembourg, Australia, Ireland, Bahrain
and Azerbaijan on how those countries implement the provisions of the
International Convention on the Elimination of All Forms of Racial
Discrimination.
On the reports of the Lao People~Rs Democratic Republic, the Committee
commended the efforts of the State party to reduce poverty,
particularly in rural areas and among ethnic groups. It noted with
concern that no clear definition of racial discrimination existed in
domestic legislation and that the Convention was not incorporated
into domestic legislation. It recommended that the State party
describe in its next periodic report the scope of a policy of
resettling members of ethic groups from the mountains and highland
plateaux to the plains, the ethnic groups concerned, and the impact
of these policies on their lifestyles.
Concerning the reports of France, the Committee took note with
satisfaction of the many legislative measures designed to reinforce
efforts to combat racial discrimination. It expressed its concern
about the de facto inequality affecting immigrants and population
groups of immigrant origin vis-à-vis other nationals, in the field of
employment and education, despite the State party~Rs substantial
efforts in this area. It recommended that the State party take the
necessary preventive measures to halt racist incidents involving
members of the security forces.
With regards to the reports of Luxembourg, the Committee noted with
satisfaction school curricula promoting interculturalism, the setting
up of some classes in the mother tongue of immigrant children and the
introduction of intercultural mediators in schools. While noting the
State party~Rs efforts to tighten up its laws and strengthen its
institutions combating racial discrimination, the Committee said that
racist and xenophobic incidents, in particular against Arabs and
Muslims, and discriminatory attitudes towards ethnic groups were
still encountered in the country. It encouraged the State party to
include within training a specific focus on the problems of racism
and discrimination.
On the reports of Australia, the Committee noted with satisfaction
that serious acts of racial hatred or incitement to racial hatred
were criminal offences in most AustralianStates and Territories. The
Committee expressed its concern about the abolition of the Aboriginal
and Torres Strait Islander Commission, the main policy-making body in
Aboriginal affairs. It recommended that the State party increase its
efforts to eliminate prejudice against Arab and Muslim Australians,
and to ensure that enforcement of counter-terrorism legislation did
not disproportionately impact on specific ethnic groups and people of
other national origins.
With regards to the reports of Ireland, the Committee welcomed the
enactment of a comprehensive legislative framework on
anti-discrimination and welcomed the decision by the State party to
include a question of ethnicity in the next consensus in 2006. It
regretted that the State party had not yet incorporated the
Convention into domestic legal order, particularly in light of the
fact that the State party had incorporated other international
instruments into domestic law. It encouraged the State party to
review its security procedures and practices at entry points with a
view to ensuring that they were carried out in a non-discriminatory
manner.
Concerning the reports of Bahrain, the Committee welcomed the
meaningful political, legal and economic reforms on which the State
party had embarked. The Committee regretted that there was no
national human rights institution in Bahrain and was concerned over
the lack of integrationist multi-racial organizations and movements
in the State party. It encouraged the State party to maintain a
dialogue with all civil society organizations, including those
critical of its policies.
And with regards to the reports of Azerbaijan, the Committee noted
with satisfaction the enactment of new legislation containing
anti-discrimination provisions. It was concerned that, according to
reports, incidents of racial discrimination against Armenians occur
and that a majority of the Armenians residing in Azerbaijan prefer to
conceal their ethnic identity in order to avoid being discriminated
against. Among other things, the Committee recommended that the
State party adopt measures to promote intercultural understanding and
education between ethnic groups.
The Committee also issued decisions on the situations in the Sudan (
concerning Darfur ), New Zealand and Suriname.
On the Sudan, the Committee said that taking into consideration its
regular practices, as well as its obligation to inform, under its
early-warning and urgent-action procedure, of any warning signals
that a situation may deteriorate still further, it recommended to the
Secretary-General, and through him, the Security Council, the
deployment, without further delay, of a sufficiently enlarged African
Union force in Darfur with a Security Council mandate to protect the
civilian population against war crimes, crimes against humanity, and
the risk of genocide.
Concerning New Zealand, the Committee expressed its appreciation at
having had the opportunity to engage in a constructive dialogue with
the State party. Bearing in mind the complexity of the issues
involved, the New Zealand Foreshore and Seabed Act 2004 appeared to
the Committee, on balance, to contain discriminatory aspects against
the Maori, in particular in its extinguishment of the possibility of
establishing Maori customary title over the foreshore and seabed and
its failure to provide a guaranteed right of redress, notwithstanding
the State party~Rs obligations under articles 5 and 6 of the
Convention.
And with regards to Suriname, which was reviewed under the follow-up
procedure, the Committee noted that under the draft Mining Act in the
State party, indigenous and tribal peoples would be required to
accept mining activities on their lands following agreement on
compensation with the concession holders, and that, if agreement
could not be reached, the matter would be settled by the executive,
and not the judiciary. It recommended that indigenous and tribal
peoples should be granted the right of appeal to the courts, or any
independent body specially created for that purpose, in order to
uphold their traditional rights and their right to be consulted
before concessions are granted and to be fairly compensated for any
damage.
The Committee also adopted a declaration on the prevention of
genocide which was prepared by Committee Expert Agha Shahi following
a thematic discussion on the subject during the session. Among other
things, the declaration expressed the Committee~Rs resolve to
strengthen and refine its anti-racial discrimination early warning
and urgent action, as well as follow-up procedures in all situations
with indications of possible violent conflict and genocide.
The Committee agreed to continue its general debate on
multiculturalism at its next session to analyse the ways in which it
had been addressing this issue when adopting its decisions and
recommendations and to improve its work in this regard.
The Committee~Rs sixty-seventh session will be held at the Palais des
Nations in Geneva from 1 to 19 August 2005, when the Experts will
review the reports of Nigeria, Barbados, Georgia, Venezuela, Zambia,
Turkmenistan, Iceland, Tanzania and Lithuania. Under its review
procedures, the Committee will review the situation in Bosnia and
Herzegovina, the Seychelles, Saint Lucia, Malawi and Mozambique.
Concluding Observations on Country Reports Considered this Session
Lao People~Rs Democratic Republic
After considering the sixth to fifteenth periodic reports of the Lao
People~Rs Democratic Republic, the Committee commended the efforts of
the State party to reduce poverty, particularly in rural areas and
among ethnic groups. The Committee noted with satisfaction that the
State party had adopted penal measures in 2004 to combat trafficking
in persons and was pleased to learn that the Convention had been
translated into Lao. The Committee also welcomed the programme of
cooperation undertaken by the State party and the United Nations
Development Programme relating to the ratification and implementation
of international human rights instruments.
The Committee noted with concern that no clear definition of racial
discrimination existed in domestic legislation and that the
Convention was not incorporated into domestic legislation. It also
regretted that there was no national human rights institution in the
country. The Committee noted the absence of legislative provisions
criminalizing acts of violence and incitement to violence on racial
grounds and recommended that the State party conduct studies with a
view to assessing and evaluating in concrete terms the extent to
which racial discrimination existed in the country and to ascertain
its principal causes. While noting that the State party had adopted
a policy of resettling members of ethic groups from the mountains and
highland plateaux to the plains, the Committee recommended that the
State party describe in its next periodic report the scope of the
resettlement policies being implemented, the ethnic groups concerned,
and the impact of these policies on the lifestyles of these groups
and on the enjoyment of their economic, social and cultural rights.
The Committee also remained concerned by persistent allegations of
conflict between the Government and certain members of the Hmong
minority who took refuge in forest and mountainous areas of the Lao
People~Rs Democratic Republic after 1975 and strongly encouraged the
State party to authorize United Nations agencies to provide emergency
humanitarian assistance to this group. The Committee was also
concerned about reports of violence that had been perpetrated against
members of this group, in particular allegations that soldiers had
brutalized and killed a group of five Hmong children in May 2004.
France
Following its review of the fifteenth and sixteenth periodic reports
of France, the Committee took note with satisfaction of the many
legislative measures designed to reinforce efforts to combat racial
discrimination, and in particular the Act of 16 November 2001
concerning measures to combat discrimination; the Social
Modernization Act of 17 January 2002; the Act of 9 March 2004 on the
adaptation of the system of justice to developments in the area of
crime; and the Act of 30 December 2004 setting up a High Authority
against Discrimination and for Equality. The Committee also welcomed
the provision in the Act of 10 December 2003 widening the scope of
refugee protection to include those persecuted by non-State actors
and the fact that, since the adoption of its ruling of 1 June 2002,
the Criminal Division of the Court of Cassation had allowed the
practice of discrimination testing as a form of evidence in the area
of racial discrimination, and encouraged the State party to promote
more frequent recourse to it.
The Committee expressed its concern about the de facto inequality
affecting immigrants and population groups of immigrant origin
vis-à-vis other nationals, in the field of employment and education,
despite the State party~Rs substantial efforts in this area. Despite
the State party~Rs efforts, the Committee remained concerned about the
situation of non-citizens and asylum-seekers in holding centres and
areas, as well as delays in processing applications from refugees for
family reunification. Among other things, the Committee recommended
to the State party that it should strengthen the supervision of
police personnel responsible for the reception and day-to-day
monitoring of holding centres for non-citizens and asylum-seekers.
The Committee shared the concerns expressed by the delegation
relating to the increase in racist, anti-Semitic and xenophobic acts
and encouraged the State party to apply more effectively the existing
provisions designed to combat such acts.
The Committee also recommended that the State party take the
necessary preventive measures to halt racist incidents involving
members of the security forces. It encouraged the State party to
criminalize attempts to deny war crimes and crimes against humanity
as defined in the statute of the International Criminal Court, and
not only those committed during the Second World War. Moreover, the
Committee recommended that the State party should take all
appropriate steps to ensure that local population groups in overseas
departments who did not have full command of French benefited from
the services of translator/interpreters, especially in their contacts
with the system of justice.
Luxembourg
After reviewing the tenth to thirteenth periodic reports of
Luxembourg, the Committee noted with appreciation the information
provided by the delegation on the implementation of a national plan
of action on the follow-up to the World Conference against Racism,
Racial Discrimination, Xenophobia and Related Intolerance. The
Committee welcomed the entry into force of the Act of 8 June 2004 on
freedom of expression in the media, which called for a code of ethics
to govern the pursuit of journalistic activity. The Committee also
noted with satisfaction school curricula promoting interculturalism,
the setting up of some classes in the mother tongue of immigrant
children and the introduction of intercultural mediators in schools.
While noting the State party~Rs efforts to tighten up its laws and
strengthen its institutions combating racial discrimination, the
Committee said that racist and xenophobic incidents, in particular
against Arabs and Muslims, and discriminatory attitudes towards
ethnic groups were still encountered in the country. The Committee
encouraged the State party to combat racist and xenophobic propaganda
found on Internet sites and suggested that the State party ratify the
Council of Europe Convention on Cybercrime and its Additional
Protocol concerning the criminalization of acts of a racist and
xenophobic nature committed through computer systems. While
recognizing the steps taken by the State party to combat racial
discrimination, the Committee noted with concern that certain
vulnerable groups, such as non-nationals, refugees and
asylum-seekers, were not afforded sufficient protection.
The Committee expressed its concern that a number of non-nationals
were illegally employed in Luxembourg, and might, thus, be exposed to
abuse by their employers. The Committee encouraged the State party
to take concrete steps to prevent and provide redress for the serious
problems faced by non-citizen workers in this regard, ensuring that
employers that employed illegal workers were sanctioned. The
Committee also encouraged the State party to include within training
a specific focus on the problems of racism and discrimination, and to
ensure that all officials who come into contact with minority groups
receive training of this type.
Australia
After considering the thirteenth and fourteenth periodic reports of
Australia, the Committee noted with satisfaction that serious acts of
racial hatred or incitement to racial hatred were criminal offences
in most AustralianStates and Territories. The Committee noted with
satisfaction that significant progress had been achieved in the
enjoyment of economic, social and cultural rights by the indigenous
peoples. It welcomed the commitment of all Australian governments to
work together on this issue through the Council of Australian
Governments, as well as the adoption of a national strategy on
indigenous family violence. The Committee also noted with great
interest the diversionary and preventative programmes aimed at
reducing the number of indigenous juveniles entering the criminal
justice system, as well as the development of culturally sensitive
procedures and practices among the police and the judiciary.
The Committee expressed its concern about the abolition of the
Aboriginal and Torres Strait Islander Commission, the main
policy-making body in Aboriginal affairs which consisted of elected
indigenous representatives. The Committee also noted with concern
reports that prejudice against Arabs and Muslims in Australia had
increased and that the enforcement of counter-terrorism legislation
may have an indirect discriminatory effect against Arab and Muslim
Australians. It recommended that the State party increase its
efforts to eliminate such prejudice, and ensure that enforcement of
counter-terrorism legislation does not disproportionately impact on
specific ethnic groups and people of other national origins. The
Committee noted with concern the persistence of diverging perceptions
between governmental authorities and indigenous peoples and others on
the compatibility of the 1998 amendments to the Native Title Act with
the Convention and further recommended that the State party reopen
discussions with indigenous peoples with a view to discussing
possible amendments to the Native Title Act and finding solutions
acceptable to all.
The Committee remained concerned about the striking
over-representation of indigenous people in prisons, as well as the
percentage of indigenous deaths in custody. The Committee expressed
concern about the mandatory detention of illegal migrants, including
asylum-seekers, in particular when such detention affected women,
children, unaccompanied minors, and those who were considered to be
stateless. It also expressed its concern that many persons had been
in such administrative detention for over three years. The Committee
recommended that the State party review the mandatory, automatic and
indeterminate character of the detention of illegal migrants.
Ireland
After considering the initial and second periodic reports of Ireland,
the Committee commended the State party for the recent adoption of
the first National Action Plan against Racism, and the extensive
consultations with civil society organizations during the drafting of
this plan and noted with appreciation the establishment of several
independent institutions with competence in the field of human rights
and racial discrimination, namely the Irish Human Rights Commission,
the Equality Authority and the National Consultative Committee on
Racism and Interculturalism. The Committee welcomed the enactment of
a comprehensive legislative framework on anti-discrimination and
welcomed the decision by the State party to include a question of
ethnicity in the next consensus in 2006. It encouraged the State
party to include in its next periodic report detailed information on
the population, including non-citizens.
The Committee regretted that the State party had not yet incorporated
the Convention into domestic legal order, particularly in light of
the fact that the State party had incorporated other international
instruments into domestic law. The Committee encouraged the State
party to continue to combat prejudice and xenophobic stereotyping,
especially in the media, and to fight prejudice and discriminatory
attitudes. In this context, the Committee recommended that the State
party introduce in its criminal law a provision that committing an
offence with a racist motivation or aim constituted aggravating
circumstance allowing for a more severe punishment. The Committee
was concerned about reported instances of exploitation of foreign
workers by some employers and of violations of labour regulations
prohibiting discrimination and encouraged the State party to ensure
full practical implementation of legislation prohibiting
discrimination in employment and in the labour market. The Committee
also regretted the absence of special detention facilities for asylum
seekers whose request for asylum had been rejected and for
undocumented migrants awaiting deportation and noted the reported
occurrence of instances of discriminatory treatment against foreign
nationals entering Ireland during security checks at airports. It
encouraged the State party to review its security procedures and
practices at entry points with a view to ensuring that they were
carried out in a non-discriminatory manner.
The Committee also expressed concern about allegations of
discriminatory behaviour by the police towards members of minority
groups and regretted that data on complaints of racial discrimination
against the police had not been provided in the report. While noting
the efforts made so far by the State party with regard to the
situation of members of the Traveller community in the field of
health, housing, employment and education, the Committee remained
concerned about the effectiveness of policies and measures in these
areas. In this context, it recommended that the State party
intensify its efforts to fully implement the recommendations of the
Task Force on the Traveller community, and that all necessary
measures be urgently taken to improve access by Travellers to all
levels of education, their employment rates, as well as their access
to health services and to accommodation suitable to their lifestyle.
Bahrain
Following its consideration of the sixth and seventh periodic reports
of Bahrain, the Committee welcomed the meaningful political, legal
and economic reforms on which the State party had embarked, and noted
in particular the adoption of the National Action Charter in 2001,
the promulgation of the amended Constitution and the creation of the
Constitutional Court in 2002, as well as the establishment of a new
bi-cameral parliament with an elected chamber of deputies. The
Committee appreciated the establishment of Trade Unions in 2002 for
the first time in Bahrain, as well as of cultural associations
composed of foreigners. The Committee also welcomed the organization
of several training programmes addressed to the judiciary and law
enforcement officials on the promotion and protection of human rights
in the field of racial discrimination.
The Committee regretted that the State party had not provided
specific data on the ethnic composition of the population, and
recalled that such information was necessary to assess the practical
implementation of the Convention. The Committee took note of the
abolition of the Human Rights Committee which was designed to provide
advice to the head of State and to the executive authorities on a
wide range of human rights issues, including those matters relating
specifically to the Convention. Furthermore, the Committee regretted
that there was no national human rights institution in Bahrain. The
Committee was also concerned over the lack of integrationist
multiracial organizations and movements in the State party and in
particular over the banning of the Bahrain Centre for Human Rights.
It encouraged the State party to maintain a dialogue with all civil
society organizations, including those critical of its policies.
The Committee noted with concern the reported disparate treatment and
discrimination faced by members of some groups, including in
particular the Shi~Ra that may be distinguishable by virtue of their
tribal or national origin, descent, culture and language. The
Committee was especially concerned about apparent disparate
opportunities that were afforded to such groups. The Committee also
regretted that no statistics were provided on cases where the
relevant provisions of domestic legislation concerning racial
discrimination were applied and recommended that the State party
consider whether the lack of formal complaints may be the result of
the victims~R lack of awareness of their rights, lack of confidence in
the police and judicial authorities, or the authorities~R lack of
attention, sensitivity, or commitment to cases of racial
discrimination.
Azerbaijan
After reviewing the third and fourth periodic reports of Azerbaijan,
the Committee noted with satisfaction the enactment of new
legislation containing anti-discrimination provisions, including the
Criminal Code and the Code of Criminal Procedure and welcomed the
establishment of the Office of the Human Rights Commissioner of the
Republic of Azerbaijan, pursuant to the Constitutional Act on the
Ombudsman, adopted in December 2001. The Committee also welcomed the
State party~Rs ratification of the Framework Convention for the
Protection of National Minorities in 2000, the European Convention
for the Protection of Human Rights and Fundamental Freedoms in 2002
and the European Social Charter in 2004.
The Committee was concerned that, according to reports, incidents of
racial discrimination against Armenians occur and that a majority of
the Armenians residing in Azerbaijan prefer to conceal their ethnic
identity in order to avoid being discriminated against. While
welcoming the information provided by the delegation on
counter-trafficking measures taken by the State party, the Committee
expressed its concern that human trafficking, including of foreign
women, men and children remained a serious problem in the State
party, which was a country of origin and a transit point. The
Committee expressed its concern that asylum-seekers, refugees,
stateless persons, displaced persons and long-term residents residing
in Azerbaijan experienced discrimination in the areas of employment,
education, housing and health. The Committee requested the State
party to ensure that its asylum procedures did not discriminate in
purpose or effect between asylum seekers on the basis of race, colour
or ethnic or national origin.
Among other things, the Committee recommended that the State party
adopt measures to promote intercultural understanding and education
between ethnic groups. The Committee also encouraged the State party
to expand and strengthen existing efforts regarding human rights
education and requested the State party to pay particular attention
to the specific training of law enforcement officials in this regard.
It also noted the lack of sufficient information on efforts taken by
the State party to involve non-governmental organizations in the
preparation of the periodic report and encouraged the State party to
consult with civil society working in the area of combating racial
discrimination in the elaboration of its next periodic report.
Decisions
Decision on Situation in Darfur
The Committee, taking into consideration its regular practices, as
well as its obligation to inform, under its early-warning and
urgent-action procedure, of any warning signals that a situation may
deteriorate still further, referring to its decision adopted at its
last session on Darfur, and recalling its declaration on the
Prevention on Genocide of 11 March 2005, recommended to the
Secretary-General, and through him, the Security Council, the
deployment, without further delay, of a sufficiently enlarged African
Union force in Darfur with a Security Council mandate to protect the
civilian population, including those in camps, displaced persons and
refugees returning to their homes in Darfur, against war crimes,
crimes against humanity, and the risk of genocide.
Decision on Situation in New Zealand
In a decision on New Zealand, the Committee noted its review of the
compatibility of the New Zealand Foreshore and Seabed Act 2004 with
the provisions of the International Convention on the Elimination of
All Forms of Racial Discrimination in the light of information
received both from the Government of New Zealand and a number of
Maori non-governmental organizations and taking into account its
General Recommendation No. XXIII on indigenous peoples. The
Committee expressed its appreciation at having had the opportunity to
engage in a constructive dialogue with the State party and the State
party~Rs written and oral responses to its requests for information
related to the legislation, including those submitted on 17 February
and 9 March 2005. Bearing in mind the complexity of the issues
involved, the legislation appeared to the Committee, on balance, to
contain discriminatory aspects against the Maori, in particular in
its extinguishment of the possibility of establishing Maori customary
title over the foreshore and seabed and its failure to provide a
guaranteed right of redress, notwithstanding the State party~Rs
obligations under articles 5 and 6 of the Convention.
The Committee acknowledged with appreciation the State party~Rs
tradition of negotiation with the Maori on all matters concerning
them and urged the State party, in a spirit of goodwill and in
accordance with the ideals of the Waitangi Treaty, to resume a
dialogue with the Maori community with regard to the legislation in
order to seek ways of lessening its discriminatory effects, including
where necessary through legislative amendment. Moreover, the
Committee requested the State party to monitor closely the
implementation of the Foreshore and Seabed Act, its impact on the
Maori population and the developing State of race relations in New
Zealand and to take steps to minimize any negative effects,
especially by way of a flexible application of the legislation and by
broadening the scope of redress available to the Maori.
Suriname
After having reviewed the country situation in Suriname in private
session under its follow-up procedure, the Committee noted that,
under the draft Mining Act in the State party, indigenous and tribal
peoples would be required to accept mining activities on their lands
following agreement on compensation with the concession holders, and
that, if agreement could not be reached, the matter would be settled
by the executive, and not the judiciary. The Committee expressed its
concern that indigenous and tribal peoples could not as such seek
recognition of their traditional rights before the courts because
they were not recognized legally as juridical persons. It
recommended that indigenous and tribal peoples should be granted the
right of appeal to the courts, or any independent body specially
created for that purpose, in order to uphold their traditional rights
and their right to be consulted before concessions are granted and to
be fairly compensated for any damage. Moreover, the Committee
recommended to the State party that it ensure the compliance of the
revised draft Mining Act with the International Convention, as well
as with the Committee~Rs recommendations issued in March 2004.
Declaration on Prevention of Genocide
On the closing day of the session, the Committee adopted a
declaration on the prevention of genocide which was prepared by
Committee Expert Agha Shahi following a thematic discussion on the
subject during the session. The main elements of the declaration are
as follows:
The Committee welcomed the appointment of a Special Adviser to the
Secretary-General on the Prevention of Genocide with the mandate to
sound early warning and make appropriate recommendations for
prevention to the Security Council through the Secretary-General to
enable the international community to take timely action to prevent
genocide from occurring, and declared its determination to provide
the Special Adviser with relevant information on laws, policies and
practices that may indicate systematic discrimination. Moreover, as
suggested by the Special Adviser, the Committee intended to develop a
set of indicators related to genocide, including the cultural and
historic roots of genocide.
The Committee expressed its resolve to strengthen and refine its
anti-racial discrimination early warning and urgent action, as well
as follow-up procedures in all situations where indications of
possible violent conflict and genocide prevail and in such cases it
would consider in-country visits to obtain first-hand information.
The Committee considered it of vital importance that stronger
interaction is established between the United Nations human rights
treaty bodies and the Security Council and agreed with the findings
of the High-Level Panel in the current Threats, Challenges and Change
that developed countries had a particular responsibility to do more
to transform their armies into units suitable for deployment to peace
operations, among other things.
The Committee also considered it imperative to dispel the climate of
impunity that was hospitable to war crimes and crimes against
humanity by referral of perpetrators of these crimes to the
International Criminal Court at an early stage of indications of
genocide. It also urged the international community to look at the
need for a comprehensive understanding of the dimensions of genocide,
including in the context of situations of economic globalization
adversely affecting indigenous and disadvantaged communities.
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