Worker's rights, Gypsies, autonomous regions considered by Racial Discrimination Committee.

Workers' rights, Gypsies, autonomous regions considered by Racial Discrimination Committee

The rights of foreign workers, the situation of Gypsies and the status of autonomous regions were among the issues discussed in the Committee on the Elimination of Racial Discrimination (CERD) at its thirty-second session held in Geneva (2-23 August).

During its deliberations, the Committee reviewed steps taken by 14 countries to combat racial discrimination. Comprised of 18 experts serving in their personal capacities, the Committee also unanimously adopted a resolution strongly condemning the racist regime in South Africa for its "heinous crimes being perpetrated against the black people under the apartheid syste". Conclusions and recommendations for action to combat racism in 18 Trust and Non-Self-Governing Territories, including Namibia, were also approved.

The Committee recommended that States parties whose legislation did not satisfy the provisions of article 4 of the Convention on the Elimination of All Forms of Racial Discrimination--which falls for the prohibition of racial propaganda and racist groups--should take the necessary steps to fulfill the mandatory requirements of that article.

The Committee also approved conclusions and recommendations on 18 non-self-governing territories:

On Namibia, the Committee reiterated its request to the United Nations to use every possible means to prevent the South African regime from pursuing its policy of apartheid in the Territory. It strongly condemned South Africa for continuous defiance of United Nations decisions and resolutions in its attempts to obtain an "internal solution" negotiated with the so-called Multi-Party Conference, with the objective of creating an "internal government" in Namibia.

The Committee reiterated its regret that St. Helena continued to trade with South Africa and strongly urged that an end be put to its commercial relations with the apartheid law.

The Committee also took decisions regarding the Pacific and Indian Ocean Territories, the Atlantic Ocean and Caribbean Territories, including Gibraltar, Anguilla, Bermuda, and the Falkland Islands (Malvinas).

Established in 1969, the Committee monitors implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, adopted by the General Assembly in 1965. It entered into force on 4 January 1969. To date, 125 States have ratified or acceded to it. The Committee, which reports to the General Assembly, meets twice yearly to review reports of States parties to the Conventional on legal, judicial, administrative and other measures taken by them to give effect to the provisions of the Convention. Reports are submitted initially within a year thereafter. The Committee decides whether the information provided conforms to the guidelines it has established.

Among the obligations under the Convention, nations undertake not to engage in any act or practice of racial discrimination against persons, groups and institutions. They agree to take effective measures to review governmental, national and local policies and to amend, rescind or nullify any laws or regulations which can create or perpetuate racial discrimination.

Country reports

The country reports examined were submitted by: Chile, Colombia, Federal Republic of Germany, France, Haiti, Jamaica, Mongolia, Poland, Portugal, Somalia, Spain, Tonga, Venezuela and Yugoslavia. Representatives of those States introduced the reports and responded to questions. A review of reports from Sudan, Bulgaria, Central African Republic and Panama was deferred to the Committee's next session scheduled for March 1986.

Chile

Some members of the Committee referred to resolutions of the Commission on Human Rights on violations of human rights in Chile, stating they constituted a severe indictment of the Chilean regime. The Committee regretted that the report appeared to be unrealistic in substance with regard to the actual situation of human rights in Chile. Chile said it disagreed with United Nations procedures for reporting on the situation of human rights in the country and with what it considered to be the imposition of double standards.

Committee members wanted information relating to the economic, social and cultural development and protection of the approximately 200,000 Mapuches. With regard to the Mapuche system of land tenure, Chile responded that while there was common title of ownership for the reserve as a whole, land was held individually within the reserve. The situation had resulted in some anomalies, which had had to be regulated in order to promote the overall economic and social development of those people. The Mapuche people had retained their territory in the nineteenth century and had continued to live there, though they wre not confined to it.

As far as relations with South AFrica were concerned, Chile felt it could not interfere in the internal affairs of other States and, therefore, restricted its action to measures that could be taken at the international level.

Colombia

Responding to questions about the status of the indigenous population, Colombia said it had made mistakes, but was now trying to protect the rights of those people. The half million members of its indigenous population came from some 700 ethnic groups, a large number of whom lived in the Andean zones. It was tremendously difficult to change their situation and to bring it in line with the ideals of conventions, constitutions and laws.

The indigenous population had a right to leave their reservations, although that right was somewhat theoretical, Colombia said. The current policy aimed at giving the indigenous population title to ancestral lands. However, there were enormous difficulties, particularly in relation to other settlers on the land, who had a more individualistic attitude towards property.

A major objective was to achieve a sort of indigenous self-management with increasing community participation. Immense efforts were needed to incorporate the indigenous population into national life, while respecting their individuality, and providing them with access to equitable conditions. The Government was endeavouring to establish mechanisms to enable the indigenous population to participate more fully in society.

Federal Republic of Germany

Asked for information on the political and economic situation of Gypsies in the Federal Republic of Germany, that country said that the Sinti and Romany Gypsies, like other communities that had been persecuted, were entitled to compensation under the Federal Compensation Act of 1965.

Committee members wondered whether racist ideologies and, in particular, the Nazi ideology, had been totally eradicated from the country. The Federal Republic of Germany replied that there were 34 neo-Nazi organizations. Their memberships, whose activities were closely watched, totalled 1,150, which constituted only a tiny proportion of the population.

As for the rights of foreign workers, the Federal Republic of Germany noted that foreign employees had the same status as German nationals under labour and social legislation, the same unemployment and social welfare benefits as unemployed Germans, and a legal claim to social assistance for themselves and their families. The high unemployment rate had affected both German and foreign workers.

France

Regarding the status of inhabitants of the French Overseas Departments and Territories, France, in answer to expert questions, stated that they enjoyed French citizenship, and consequently equal rights. The only exception to the rule of identical status concerned the Amerindian population of French Guiana, and their different status was applied to protect that population.

Referring to its immigrant population, France said that the percentage of unemployed immigrants was slightly higher than that of nationals. At present, the total unemployment figure was 2.5 million or 8 per cent of the population. Migrant workers were eligible for unemployment benefits and repatriation grants and other special efforts were made to assist them. Approximately 35,000 migrants left France annually of their own free will.

France noted that the economic crisis had probably contributed to certain racist attitudes in the country. Such a high number of foreigners--in December 1982, 4.5 million foreigners lived in France--could lead to displays of racism. However, the Government had taken vigorous measures to counter that threat and supported campaigns against racism. French newspapers played to major role in the effort.

Haiti

Haiti told the Committee that the difficult economic situation, both national and international, was hampering its efforts to raise the living standards of its underprivileged masses. The problem of illegal emigration was linked to the question of the level of development. Measures taken by the Government to attack the root of that problem should be seen in the context of Haiti's overall development policy, the aim of which was to provide food, medical care and work for all. A programme designed to boost the agricultural sector was launched in 1983 and was already producing favourable effects. A vast amount of Haiti's resources were being devoted to educational reforms.

The Committee asked a series of questions relating to the right of Haitians to form political parties, the requirements for enjoying the right to vote, whether the public had any say with regard to the system of life presidency via the electoral system, who owned the newspapers, whether there was freedom to express opinions in the press, radio or television that ran counter to the accepted Government view, and whether the provisions of the Haitian Press Law of 1979, requiring journalists to register and acquire a permit before practicing their profession, was still in force.

Replying, Haiti said that political rights were exercised through democratic elections and referendums. A recent constitutional ammendment provided for the appointment of a prime minister chosen by the head of State from among the members of the party having the largest number of deputies in the legislative chamber. The law permitted the establishment of political parties, and authorized them to publicize their programmes once they were legally established. There were a number of trade unions and they functioned freely. Legal aid was available for criminal cases.

Jamaica

Jamaica told the Committee that East Indians had never been a large population group and their numbers had not notably changed. Jamaica had been thinly populated by Amerindians during the first period of colonization, but they had died off quickly as a result of European disease and forced labour.

Jamaica's electoral system was based on single constituency representation rather than on proportional representation. Its House of Representatives was elected on a constituency system. However, the Jamaican Senate corresponded more to proportional representation in so far as the winning party in the lower house appointed 13 members of the Senate, while the opposition leader appointed eight.

Mongolia

Of the various minorities in Mongolia, the Kazakhs were the largest, accounting for 5.3 per cent of the population, Mongolia reported. They had been one of the least developed ethnic groups in the country before the establishment of the Mongolian People's Republic, but had made tremendous progress in recent years. More than 90 per cent of the population spoke Mongolian, which included a number of dialects, while the Kazakhs spoke their own language. Apart from the Kazakhs, minorities were scattered throughout the country. No restrictions were placed on members of ethnic groups, who were found in all sectors of the economy.

Mongolia said that citizens enjoyed the freedoms of movement and residence within the country as well as the right to travel abroad, for which a passport and an exit visa were required.

As for freedom of opinion and expression, Mongolia said citizens could freely exchange views. Workers and their organizations could use public buildings for meetings and hold street demonstrations. In addition, they had access to the press and television and had a say in the drafting of laws and in the conduct of referendums.

Poland

The concept of equality of peoples was widely covered in the school curricula, Poland told the Committee. Education was available to all without restriction. Measures aimed at mobilizing national public opinion against the evils of racism and apartheid were carried out by the Government and non-governmental organizations. Poland received victims of racial discrimination for medical treatment and rehabilitation, and each year granted scholarships for higher education to them.

Poland, in answer to a question, denied the existence of a German minority in the country. All Polish citizens who considered themselves to be of German origin had left Poland of their own choice according to the provisions of the Final Act f the Conference on Security and Co-operation in Europe. The remaining 70,000 members of ethnic groups, other than the Russians and the Ukrainians, included Lithuanians, Czechs, Slovaks, Jews and Greeks.

Asked if a citizen could be deprived of his citizenship, Poland said that could not happen to a citizen living in the country. No Polish citizen living abroad had been deprived of citizenship since 1949, except at his own request.

Portugal

Committee members wished to know the status of those who had returned to Portugal after the independence of Angola and Mozambique. Portugal said former Portuguese settlers had been reintegrated into society and were now Portuguese citizens. However, some 1 million former settlers who had entered the country during 1974-1975 had contributed to the economic difficulties which the country was now facing.

Committee members had reservations on the country's reasons for maintaining diplomatic and economic relations with South Africa. Portugal replied that some 700,000 Portuguese nationals lived in South Africa. It believed a dialogue with that country could help secure the abolition of apartheid. The recent recall to Lisbon of Portugal's representative in Pretoria should be seen as a positive development in line with measures taken by other members of the European Economic Community.

The Committee was informed that the autonomous regions of Madeira and the Azores enjoyed independent political and administrative status, and had their own organs of government and wide powers to deal with matters of regional interest. Macao was under Portuguee administration and had its own governmental bodies and a legislative assembly constituted almost entirely of elected officers. Macao was considered to be Chinese territory under Portuguese administration. Diplomatic contacts were under way with China, pending definition of Macao's final status.

Somalia

Committee members wanted more information on Somalia's traditions and customs, particularly with regard to efforts being made to tackle what Somalia's President had described as the problem of tribalism. Somalia said that whereas previously public life had been based on tribalism, a successful campaign had been launched to overcome the negative experience which had resulted from that custom. Thus, blood compensation according to traditional Somali law was no longer practised. The type of punishment--whether it be an award of material compensation between families or restricting the liberty of an offender--depended on the type of crime.

Information was requested on the problem of refugees, who were estimated to comprise as much as 40 per cent of the population. Somalia noted that refugees created a real problem which remained to be solved, though economic assistance was available from the international community.

The Committee asked how the right to life, the right of detainees not to be tortured and to be brought to trial within a certain period, the right of association and the right to freedom of movement were safeguarded. Somalia responded that safeguards did exist in cases of detention and if investigations did not produce results within a limited time, detainees had to participate in an assembly and free to associate with whomever they wished in their daily lives.

Spain

Replying to comments made by Committee members, Spain said that the Gypsy was of life and the importance Gypsies attached to being able to move around the country and to move from job to job was incompatible with the life-style of modern developed industrialized States. The Government's plan to integrate Gypsies into society was not intended to destroy their traditional life-style, but to accommodate it within Spanish society.

The Gypsy community was undoubtedly one of the economically disadvantaged groups in the country and Spain had made special efforts regarding education, training, housing and social benefits. Although their ethnic origins were different, the Gypsies had never been regarded as a foreign ethnic group that had settled in Spain.

Spain had recalled its ambassador from Pretoria in light of the recent tragic events in South Africa. Committee members pointed out that diplomatic and all other relations with South Africa had not been broken off, and hoped that the Spanish Ambassador would remain in Spain until apartheid ended. Regarding trade and other relations with South Africa, Spain said it gave no financial assistance for exports to South Africa and had no sporting links with that country.

Tonga

The Committee regretted that Tonga's report was extremely brief. Although Tonga, a small country with limited human and economic resources, faced certain difficulties in complying with reporting obligations, other small countries with similar limitations had submitted satisfactory reports.

The report did not respond to questions raised during the examination of Tonga's last periodic report. Tonga next time should provide full information on measures taken to comply with the Convention. A supplementary report could be submitted before its next report, which was due on 17 March 1987.

Venezuela

Venezuela reported that it had never carried out a census on the basis of race as some 80 per cent of its population was descended from mixed marriages. However, a census taken of the indigenous population in the forest zones indicated that some 30,000 people lived on the right bank of the river Orinoco. A separate indigenous ethnic group numbering 5,000 lived on the Guahira peninsula. The latter group was more socially developed, the majority being bilingual, whereas the Orinoco group spoke only indigenous languages.

The indigenous inhabitants survived largely on a subsistence economy, practising fishing, rudimentary agriculture and handicrafts. They had title to their land, since the Agrarian Reform Act of 1960 had established the principle that the land should belong to those who cultivated it. The gradual incorporation of indigenous communities in the life of the nation did not imply assimilation, but was intended to ensure that that population enjoyed the rights provided for them under the law.

Concerning tapping of natural resources in indigenous areas, the two main areas affected were on the shores of the river Orinoco, but were not located in places where indigenous groups were living, Venezuela reported.

Yugoslavia

Replying to questions, Yugoslavia said its Presidency was composed of eight members, each representing a Republic or Province, all of whom had equal rights. Presidents and Vice-Presidents were elected each year in rotation. Thus, all Provinces were assured full participation in the federal Government.

Asked if it would be detrimental to Serbia and Yugoslavia if a new Republic was created, Yugoslavia said that the effects would be negative if the ideas promoted by certain groups were carried out. Their aim was the dissolution of the country and the establishment of the country and the establishment of ethnically pure States on the basis of nationalist and racist ideas.

As to rights of immigrant workers, Yugoslavia drew attention to the series of bilateral agreements between Yugoslavia and some Western European countries. Those agreements granted special rights to immigrant workers in the areas of social insurance, employment, culture, promotion of their language and education.