United Nations

A/50/18


General Assembly

Distr. GENERAL  

22 September 1995

ORIGINAL:
ENGLISH


Fiftieth session
Agenda item 103










ELIMINATION OF RACISM AND RACIAL DISCRIMINATION

Report of the Committee on the Elimination
of Racial Discrimination*

















_________________________

  *   The  present document  is an  advance  version of  the report  of  the
Committee  on the Elimination  of Racial  Discrimination.   The final report
will  be  issued as  Official  Records  of  the  General Assembly,  Fiftieth
Session, Supplement No. 18 (A/50/18).


95-28869 (E)  061095/...
*9528869*
CONTENTS

Chapter  Paragraphs  Page

  Letter of transmittal ............................................6

I.  ORGANIZATIONAL AND RELATED MATTERS ...................1 - 198  

  A.  States parties to the International Convention on
    the Elimination of All Forms of Racial

    Discrimination ...................................  1 - 28

  B.  Sessions and agenda ..............................  3 - 48

  C.  Membership and attendance ........................  5 - 78

  D.  Officers of the Committee ........................   89

  E.  Cooperation with the International Labour
     Organization and the United Nations Educational,  
    Scientific and Cultural Organization .............  9 - 1010

  F.  Other matters ....................................  11 - 1810

  G.   Adoption of the report ..........................   1911

II.  PREVENTION OF RACIAL DISCRIMINATION, INCLUDING EARLY
  WARNING AND URGENT PROCEDURES ........................20 - 2912

  A.  Decisions adopted by the Committee ...............  25 - 2613

    1 (46)  Report requested urgently from the Russian
          Federation ...........................................13  

    2 (46)  Decision on the situation in Mexico ..................14  

    3 (46)  Reports requested urgently from Algeria ..............14  

    4 (46)  Report requested urgently from the former
             Yugoslav Republic of Macedonia .......................14

    6 (46)  Report requested urgently from Burundi ...............15  

    7 (46)  Rwanda ...............................................15  

    8 (46)  Papua New Guinea .....................................15  

    1 (47)  The situation in Burundi .............................16  

    2 (47)  The situation in Bosnia and Herzegovina ..............17  

    3 (47)  The situation in Papua New Guinea ....................19  

  B.  Further action by the Committee ..................27 - 2919

CONTENTS (continued)

Chapter  Paragraphs  Page

III.  CONSIDERATION OF REPORTS, COMMENTS AND INFORMATION
  SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE
  CONVENTION ...........................................30 - 67021

  A.Reports considered ...............................  30 - 66821

    Trinidad and Tobago ..............................  31 - 4821

    Cyprus ...........................................  49 - 7623

    Italy ............................................  77 - 10927

    Sri Lanka ........................................  110 - 14232

    Croatia ..........................................  143 - 17836

    Peru .............................................  179 - 20441

    Bosnia and Herzegovina ...........................  205 - 22546

    Federal Republic of Yugoslavia (Serbia and
    Montenegro) ......................................  226 - 24648

    Romania ..........................................  247 - 27853

    Guatemala ........................................  279 - 32058

    Belarus ..........................................  321 - 35263

    Mexico ...........................................  353 - 39866

    New Zealand ......................................  399 - 45972

    El Salvador ......................................  460 - 49883

    Nicaragua ........................................  499 - 54189

    United Arab Emirates .............................  542 - 57295

    United Republic of Tanzania ......................  573 - 58698

    Sierra Leone .....................................  587 - 592100

    Somalia ..........................................  593 - 596100

    Madagascar .......................................      597101

    Nigeria ..........................................  598 - 636101

    Chad .............................................  637 - 668106

  B.  Statement concerning Israel adopted by the
    Committee at its forty-sixth session .............  669 - 670111
CONTENTS (continued)

Chapter  Paragraphs  Page

IV.  CONSIDERATION OF COMMUNICATIONS UNDER ARTICLE 14 OF
  THE CONVENTION .......................................671 -680112

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 -684114

VI.  ACTION BY THE GENERAL ASSEMBLY AT ITS FORTY-NINTH
  SESSION ..............................................685 -687115

  A.  Annual report submitted by the Committee on the
    Elimination of Racial Discrimination under
    article 9, paragraph 2, of the Convention ........      686115

  B.  Effective implementation of international
    instruments on human rights, including reporting
    obligations under international instruments on
    human rights .....................................     687115

VII.  SUBMISSION OF REPORTS BY STATES PARTIES UNDER
  ARTICLE 9 OF THE CONVENTION ..........................688 -693116

  A.  Reports received by the Committee ................     688116

  B.  Reports not yet received by the Committee ........     689118

  C.  Action taken by the Committee to ensure submission
    of reports by States parties .....................  690 - 693127

VIII.  THIRD DECADE TO COMBAT RACISM AND RACIAL
  DISCRIMINATION .......................................694 -702129

Annexes

I.  A.  States parties to the International Convention on the
    Elimination of All Forms of Racial Discrimination (143), as
    at 18 August 1995 ............................................135

  B.  States parties that have made the declaration under
    article 14, paragraph 1, of the Convention (22), as at
    18 August 1995 ...............................................139

  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 ...........................140




CONTENTS (continued)

                     Page

II.  Agendas of the forty-sixth and forty-seventh sessions ............141

  A.  Forty-sixth session .......................................... 141

  B.  Forty-seventh session ........................................141

III.  Contribution of the Committee on the Elimination of Racial
  Discrimination to the United Nations Decade for Human Rights
  Education ........................................................143

IV.  List of documents issued for the forty-sixth and forty-seventh
  sessions of the Committee ........................................144

V.  Documents received by the Committee at its forty-sixth and
  forty-seventh sessions in conformity with article 15 of the
  Convention .......................................................146

VI.  Country rapporteurs for reports considered by the Committee at its
  forty-sixth and forty-seventh sessions ...........................147

VII.  General recommendation XIX (47) on article 3, adopted at the 
  1125th meeting, 17 August 1995 ...................................150

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 ............151
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  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, 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 incidence of racial


His Excellency Mr. Boutros Boutros-Ghali
Secretary-General of the United Nations
New York
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 Sub-Commission
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  CERD  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.

  Accept, Sir, the assurances of my highest consideration.


          (Signed)  Ivan Garvalov       
              Chairman          
              Committee on the Elimination
              of Racial Discrimination 

I.  ORGANIZATIONAL AND RELATED MATTERS


A.  States parties to the International Convention on the
    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.   Lists  of
States  parties  to  the  Convention  and  of  those  which  have  made  the
declaration  under article  14  are contained  in  annex  I  to the  present
report, as is a list of States parties that have  accepted the amendments to
the  Convention adopted at the fourteenth meeting of States parties (17), 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  list of members  of the  Committee for  1994-1996, including  those
elected or re-elected on 17 January 1994, is as follows:
Name of memberCountry of nationalityTerm expires
on      19     JanuaryMr.     Mamoud     ABOUL-NASR**Egypt1998Mr.     Hamzat
AHMADU**Nigeria1998Mr.  Michael  Parker  BANTON**United   Kingdom  of  Great
Britain  and Northern  Ireland1998Mr. Theodoor  van  BOVENNetherlands1996Mr.
Andrew  CHIGOVERA*Zimbabwe1998Mr. Ion  DIACONURomania1996Mr. Eduardo FERRERO
COSTAPeru1996Mr.      Ivan       GARVALOVBulgaria1996Mr.      Regis       de
GOUTTES**France1998Mr.    Carlos   LECHUGA    HEVIA**Cuba1998Mr.   Yuri   A.
RECHETOVRussian   Federation1996Mrs.   Shanti  SADIQ   ALIIndia1996Mr.  Agha
SHAHI**Pakistan1998Mr.    Michael     E.    SHERIFIS**Cyprus1998Mr.     SONG
ShuhuaChina1996Mr.    Luis    VALENCIA    RODRIGUEZEcuador1996Mr.    Rudiger
WOLFRUMGermany1998Mr. Mario Jorge YUTZISArgentina1996
________________________

    *  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:

   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.
Andre  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 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 CERD  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),  "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 these 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.

II.  PREVENTION OF RACIAL DISCRIMINATION, INCLUDING EARLY WARNING
     AND URGENT PROCEDURES                                       


20.  The  Committee decided  at its  forty-fifth session  to establish  this
item as one of its regular and principal agenda items.

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  (see  A/48/18,  annex III).    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   from  escalating   into   conflicts  and   would   also   include
confidencebuilding   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 or  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 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  of the procedures in question  and to amend  its rules at a
later point  based on 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 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  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 on the
situation  of  human rights  in Rwanda  of  the  Commission on  Human Rights
(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  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),

  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


2 (47).  The situation in Bosnia and Herzegovina 3/

  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
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
SecretaryGeneral 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.

  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 by the Committee

27.   The Committee, in its decision 3(46), 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 a 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.

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
(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  these 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 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.

 (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 on  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 should  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 (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  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  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 university  level in both
the Greek and Turkish languages.

Concluding observations

64.  At  its 1094th  meeting, held on 15  March 1995, the Committee  adopted
the following concluding observations.

(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  comprised 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.

(b)  Positive aspects

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.

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.

(d)  Suggestions and recommendations

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  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 CERD. 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 to 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; 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 on 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  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  NGOs, 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.

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.

Concluding observations

93.  At its  1096th meeting, held on  16 March 1995,  the Committee  adopted
the following concluding observations.

(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.
  (b)  Positive aspects

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.

(c)  Principal subjects of concern

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.

(d)  Suggestions and recommendations

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.

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
14th  meeting  of  States  parties  and  by  the  General  Assembly  in  its
resolution 47/111, 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
(CERD/C/SR.1079 and 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  cease-fire  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 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  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 each
other 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 Convention.

129.   In conclusion,  the representative  presented figures  on the  ethnic
composition of the public service and its recruitment policy.

Concluding observations

130.  At its 1094th  meeting, held on 15 March  1995, the Committee  adopted
the following concluding observations.

(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.

(b)  Positive aspects

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  the  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 to 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.

135.   The  readiness  of the  Government of  Sri  Lanka to  cooperate  with
various   United   Nations  human   rights   monitoring  mechanisms,   other
intergovernmental  and  non-governmental  organs  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  improves 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 also 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 (see  A/48/18,  paras.  496-506), 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 and 1088).
  144.  The  representative of the State  party in presenting the additional
information  noted that some  of the  Committee's previous  queries had been
rendered obsolete  by time and others had become more pressing.  As a source
of background  information he  distributed copies  of a  text titled  "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 on  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 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 were  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.

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.

Concluding observations

163.   At its 1096th meeting,  held on 16  March 1995, the Committee adopted

the following concluding observations.

(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  they 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.

(b)  Positive aspects

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 Criminal
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.

 (d)  Principal subjects of concern

168.  Great concern  has been expressed concerning the earlier intention  of
the  State party not to  permit the military, civilian and police components
of the  United 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 great 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  concerning
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.

 (e)  Suggestions and recommendations

175.     The   Committee   recommends  that   the  process   of   democratic
institutionbuilding  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 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.*

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
(CERD/C/SR.1083 and 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.

                       

  *  Adopted by vote of the Committee.
 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 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  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 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.

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.

Concluding observations

194.   At its 1095th meeting,  held on 15  March 1995, the Committee adopted
the following concluding observations.

(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.

 (b)  Positive aspects

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.

(d)  Principal subjects of concern

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.

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.
  (e)  Suggestions and recommendations

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 (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.

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 toattend earlier meetings inwhich hiscountry 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 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.

Concluding observations

217.   At its 1097th meeting,  held on 16  March 1995, the Committee adopted
the following concluding observations.

(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 over  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 the international level. 

224.   While  mindful  of the  complexities  of the  resort  to  enforcement
action,  as  explained  by  the  United  Nations  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  (see  A/48/18, paras.  531-547),  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 from the Charge 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

15 February 1995

  Excellency,

  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 CERD,  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 SFRY  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
the  Elimination of All  Forms of  Racial Discrimination,  whereby the basic
rights of the FR 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  CERD
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  FR of  Yugoslavia,  i.e.,  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 CERD meeting.

  The  Government of  the FR  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 International
Convention on  the Elimination  of All  Forms of  Racial Discrimination  and
that usual cooperation with the CERD 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  CERD,
which is of mutual interest.'

  Please accept, Excellency, the assurances of my highest consideration.

(Signed)  Vladimir Pavicevic
Ambassador"   


"Letter from the Chairman of the Committee on the Elimination
 of Racial Discrimination to the Charge d'affaires a.i. of  
 the Permanent Mission of the Federal Republic of Yugoslavia
 to the United Nations Office at Geneva

                                                                   6   March
1995

  Excellency,

  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
International  Convention  on   the  Elimination  of  All  Forms  of  Racial
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.

    Please accept, Excellency, the assurances of my highest consideration.

(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 preventative 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 Covenant in that region.  In
general   members  indicated  their  wish  to  give   the  fullest  possible
appropriate support to the Albanian minority in that region.

Concluding observations

233.   At its 1097th meeting,  held on 16 March 1995,  the Committee adopted
the following concluding observations.

(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  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.

(c)  Principal subjects of concern

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 concerning  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 Criminal  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.

(d)  Suggestions and recommendations

242.  The  Committee draws  attention to the letter  of its Chairman to  the
State party  of 6  March 1995 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  Criminal  Tribunal for  the former
Yugoslavia.

246.  The  Committee urgently suggests that  the State party reconsider  its
failure  to cooperate with the Special Rapporteur and the Special Process on
disappearances of the  Commission on Human  Rights.  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  (CERD/C/SR.1090  and
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  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  Tirgu-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 (HDUR)  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, HDUR 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.

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.

Concluding observations

(a)  Introduction

262.  At  its 1096th meeting,  held on 16 March 1995,  the Committee adopted
the following concluding observations.

263.   The  Committee welcomes  the report  of the  State party,  which  was
drafted  in  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
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 for Human Rights.  The  legal provisions that prohibit
speech which encourages racism  or incites violence are also believed to  be
constructive.

(d)  Principal subjects of concern

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.

(e)  Suggestions and recommendations

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  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  at  its  1092nd and  1093rd  meetings,  on 14  March  1995  (see
CERD/C/SR.1092 and 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  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 racial discrimination.  

287.  With reference to article 5 members inquired as to the  socio-economic
status of  indigenous peoples vis-a-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 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.

Concluding observations

298.  At  its 1098th  meeting held on 17  March 1995, the Committee  adopted
the following concluding observations:

(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 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  preoccupation  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.

(d)  Principal subjects of concern

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.

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.

 (e)  Suggestions and recommendations

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  taken 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; on cases  of complaints of  racial
discrimination brought before the courts, penalties imposed on  perpetrators
of such acts of  racial discrimination and on  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

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.

 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 and 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  Belarus  transition  to  democracy  and a
multiparty 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; 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.

329.   In  connection  with article  6 of  the  Convention, members  of  the
Committee 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.

330.   In connection  with  article 7  of  the  Convention, members  of  the
Committee 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, 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.

Concluding observations

339.  At  its 1122nd meeting, on 15  August 1995, the Committee adopted  the
following concluding observations:

(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.

(b)  Positive aspects

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.

(c)  Principal subjects of concern

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.
  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).

(d)  Suggestions and recommendations

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  Belorussian  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 and 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's  decision No.  2 (46)  dated 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 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  multicultural 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.

 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 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 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.

Concluding observations

373.  At its 1124th  meeting, held on 16 August  1995, the Committee adopted
the following concluding observations:

(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's
decision  2 (46)  on  29  March 1995  during its  46th session  is welcomed.
Appreciation is  also expressed for  the supplementary information  provided
orally by the delegation of the State party.

375.    It is  noted  that  the State  party  has not  made  the declaration
provided for  in article  14 of the  Convention, and some  members requested
that the possibility of such a declaration be considered.

(b)  Positive aspects

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  cease-fire,
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.

 (c)  Principal subjects of concern

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 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.

(d)  Suggestions and recommendations

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 indigenous peoples' rights.

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 the 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 peoples'  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.

397.   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.

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 and 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 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 a 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 on  account 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 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 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.

407.   With  reference  to  article 2  of  the  Convention, members  of  the
Committee 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 in  so far 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 with respect to  those provisions of the Act requiring the strict
application of rules for the transfer of ownership of Maori land.

412.  With respect  to article 4 of the Convention, members of the Committee
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.

416.    With  respect to  article  14  of  the  Convention,  members of  the

Committee 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 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
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  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  showed 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 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 amongst 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 1994/1995  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 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.

Concluding observations

437.   At its 1123rd meeting,  held on 16 August 1995, the Committee adopted
the following concluding observations.

(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.

439.   It  is  noted that  the  State party  has  not made  the  declaration
provided for 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.

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 Taskforce  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
Taskforce'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 Relation 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.

 (c)  Principal subjects of concern

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
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.

(d)  Suggestions and recommendations

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 (CERD/C/SR.1108 and 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  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 Marti  para la Liberacion
Nacional, an  agreement on  human rights  was signed  in 1990  at San  Jose,
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
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  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  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.

 Concluding observations

483.  At its 1124th  meeting, held on 16 August  1995, the Committee adopted
the following concluding observations:

(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 discussion.   Appreciation  is also  expressed for  the oral
answers which the  delegation provided to questions raised by members of the
Committee.

(b)  Positive aspects

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 racial discrimination.

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.

(c)  Principal subjects of concern

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
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.

(d)  Suggestions and recommendations

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.

 497.   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.

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 CERD/C/SR.1110 and 1111).

500.  The report  was introduced by  the representative of the State  party,
who  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 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  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 (INDERA)
had recently  been disbanded, firstly 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,  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 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.

Concluding observations

520.  At  its 1124th meeting, held on 16 August 1995,  the Committee adopted
the following concluding observations:

(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.

523.   It  is  noted  that the  State  party has  not  made the  declaration
provided  for in  article 14  of the  Convention, and  some members  of  the
Committee  requested  that  the  possibility   of  such  a   declaration  be
considered.

(b)  Positive aspects

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 multi-lingual  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.

(c)  Principal subjects of concern

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.

(d)  Suggestions and recommendations

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 takes 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)).

540.   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.

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 1114th  meeting, on  9 August 1995
(CERD/C/SR.1113).

543.  The report  was introduced by  the representative of the State  party,
who  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  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.

 Concluding observations

557.   At its 1124th meeting, held  on 16 August 1995, the Committee adopted
the following concluding observations:

(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.

559.    It is  noted  that the  State  party  has 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
that declaration.

(b)  Positive aspects

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.

(c)  Principal subjects of concern

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.

 (d)  Suggestions and recommendations

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.

571.   The  Committee recommends  that  the State  party should  ratify  the
amendments to article 8, paragraph 6, of the  Convention, as adopted by  the

14th meeting of States parties.

572.   The Committee  recommends that  the twelfth  periodic  report of  the
State party, due on 21 July 1997, should be comprehensive.

United Republic of Tanzania

573.    At its  1113th  meeting,  on  9  August  1995 (CERD/C/SR.1112),  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.

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 multiparty system, and the scheduling
of the first  multiparty 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 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  Tanzania,  created  difficulties  for  the  authorities,
especially   as  regards   their  accommodation   in  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 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.

Concluding observations

579.  At its 1124th meeting, held  on 16 August 1995, the  Committee adopted
the following concluding observations.

(a)  Principal subjects of concern

580.    Concern  was  expressed  at  information  about  the  cases  of  the

expropriation of  the  lands  of  members of  the  Massai and  the  Barabaig
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  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 includes  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
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.

 586.   The Committee recommends that the State  party ratify the amendments
to article 8, paragraph  6, of the  Convention, adopted by the 14th  meeting
of 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),  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.

Concluding observations

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  1115th meeting  on 10  August 1995  (see CERD/C/SR.1114)  the
Committee reviewed the implementation  of the Convention  by Somalia,  after
having recalled that  at its 949th meeting it  had decided to defer  further
consideration of the situation in that country (A/47/18, para. 225).

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.

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 1116th  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  fortyseventh to a  future session.   This request  was accepted on
the  understanding that the  report would be submitted in  time for it to be
considered at the fortyeighth  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  1115th and  1117th
meetings, held on 10 and 11 August 1995 (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 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.

602.   In  connection  with  article 1  of  the Convention,  members of  the
Committee  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.

604.   With  reference  to  article 3  of  the  Convention, members  of  the
Committee 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 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.  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 Governments'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.

Concluding observations

613.   At its 1125th meeting, held on 17  August 1995, the Committee adopted
the following concluding observations:

(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.

 615.   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.

(b)  Positive aspects

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.

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.

(c)  Principal subjects of concern

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  over 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),  that states "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.

(d)  Suggestions and recommendations

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.

635.   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.

636.   The Committee recommends that  the State  party's fourteenth periodic
report, due on 5 January 1996, will 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 1120th 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 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 by  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 by  the Committee of Experts on
the  application of ILO Conventions, the observations  by the Sub-Commission
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  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 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.

Concluding observations

653.  At its 1125th meeting, held  on 17 August 1995, the  Committee adopted
the following concluding observations:

(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.

(b)  Positive aspects

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.

(c)  Principal subjects of concern

658.   Concern was  expressed over the  allegations of  serious human rights
violations in  the  State  party, including  violations of  the  Convention.
Concern was also expressed over 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.

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.

(d)  Suggestions and recommendations

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 14th 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". 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 CERD.

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" (A/49/18, para.
85);

  (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 (A/49/18,  para. 91), 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.

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 of this 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). 4/   During its thirty-ninth session, on 18 March 1991,
the Committee adopted its opinion on  communication No. 2/1989 (Demba Talibe
Diop v.  France). 5/   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).  6/  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. 7/

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
fortyseventh 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.
  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.


            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 these 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. 8/

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,  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."

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  High  Commissioner  for   Human  Rights  on  the
implementation of human rights instruments (A/49/36);

  (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.

                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
  Twelfth report   5 January 1992
  Thirteenth report   5 January 1994


     Date on which the       Document
State party  Type of report   report was due       number

Italy  Eighth report   4 February 1991  CERD/C/237/Add.1
  Ninth report   4 February 1993

Mexico 9/  Ninth report  22 March 1992  CERD/C/260/Add.1
  Tenth report  22 March 1994
  Additional
  information  31 July 1995  CERD/C/286

Namibia 10/  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
  Twelfth report   5 January 1992
  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




  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 which were due before the closing date of the
                    forty-seventh session (18 August 1995) but 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

                                          Date on which the           Number
of
State party          Type  of report   report was due         reminders sent


Belgium  Ninth report  6 September 1992     1
  Tenth report  6 September 1994     1

Bosnia and  Initial report  16 July 1994     -Herzegovina 11/

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
  Twelfth report  5 January 1992     2
  Thirteenth report  5 January 1994     1

Bulgaria  Twelfth report  5 January 1992     1
  Thirteenth report  5 January 1994     1

Burkina Faso  Sixth report  18 August 1985     8
  Seventh report  18 August 1987     4
  Eighth report   18 August 1989     4
  Ninth report  18 August 1991     2
  Tenth report  18 August 1993     1

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
                                           Date on which the          Number
of
State party          Type of report    report was due         reminders sent


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
  Thirteenth report  5 January 1994     1

Cote 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 12/  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
  Twelfth report   16 March  1995      -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
  Eleventh report  11 January 1994     1

                                          Date on which the           Number
of
State party          Type of report    report was due         reminders sent


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
  Sixth report  28 January 1990     3
  Seventh report  28 January 1992     2
  Eighth report  28 January 1994     1

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
  Seventh report  30 March 1993     1
  Eighth report  30 March 1995    -Germany  Thirteenth report  15 June 1994 
-Ghana  Twelfth report  5 January 1992   1
  Thirteenth report  5 January 1994   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
  Third report  17 March 1982    13
  Fourth report  17 March 1984    10
  Fifth report  17 March 1986     6
  Sixth report  17 March 1988     3
  Seventh report  17 March 1990     3
  Eighth report  17 March 1992     2
  Ninth report  17 March 1994     1

Haiti  Tenth report  18 January 1992   1
  Eleventh report  18 January 1994   1

Holy See  Thirteenth report  5 January 1994

India  Tenth report  5 January 1988     5
  Eleventh report  5 January 1990     5
  Twelfth report  5 January 1992     2
  Thirteenth report  5 January 1994     1
                                           Date on which the          Number
of
State party          Type of report   report was due          reminders sent


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 13/   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

  Ninth report  24 March 1991     2
  Tenth report  24 March 1993     1
  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
  Ninth report  12 December 1988     3
  Tenth report  12 December 1990     2
  Eleventh report  12 December 1992     1
  Twelfth report  12  December 1994    -Lesotho  Seventh report   4 December
1984     9
  Eighth report  4 December 1986     6
  Ninth report  4 December 1988     4
  Tenth report  4 December 1990     3
  Eleventh report  4 December 1992     1
  Twelfth report  4 December 1994      -                                    
     Date on which the         Number of
State party           Type of report   report was due         reminders sent


Liberia  Initial report  5 December 1977    21
  Second report  5 December 1979    17
  Third report  5 December 1981    13
  Fourth report  5 December 1983    10
  Fifth report  5 December 1985     6
  Sixth report  5 December 1987     3
  Seventh report  5 December 1989     3
  Eighth report  5 December 1991     2
  Ninth report  5 December 1993     1

Libyan Arab  Eleventh report  5 January 1990     2
Jamahiriya  Twelfth report  5 January 1992     2
  Thirteenth report  5 January 1994     1

Madagascar   Tenth report  8 March 1988     5
  Eleventh report  8 March 1990     5
  Twelfth report  8 March 1992     2
  Thirteenth report  8 March 1994     1

Mali  Seventh report  15 August 1987     5
  Eighth report   15 August 1989     5
  Ninth report  15 August 1991     3
  Tenth report  15 August 1993     1

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

  Fifth report  18 May 1992     2
  Sixth report  18 May 1994     1


                                           Date on which the          Number
of
State party          Type of report   report was due          reminders sent


Namibia   Fourth report  11 December 1989     2
  Fifth report  11 December 1991     2
  Sixth report  11 December 1993     1

Nepal  Ninth report  1 March 1988     5
  Tenth report  1 March 1990     5
  Eleventh report  1 March 1992     2
  Twelfth report  1 March 1994     1

Netherlands  Tenth report  9 January 1991     1
  Eleventh report  9 January 1993     1
  Twelfth report  9 January 1995    -Niger  Eleventh report  5 January 1990 
  2
  Twelfth report  5 January 1992     2
  Thirteenth report  5 January 1994     1

Norway   Twelfth  report   6  September  1993     -   Thirteenth report    6
September 1995   -Pakistan  Tenth report  5 January 1988     5
  Eleventh report  5 January 1990     5
  Twelfth report  5 January 1992     2
  Thirteenth report  5 January 1994     1

Panama  Tenth report  5 January 1988     5
  Eleventh report  5 January 1990     5
  Twelfth report  5 January 1992     2
  Thirteenth report  5 January 1994     1

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
  Twelfth report  5 January 1992     2
  Thirteenth report  5 January 1994     1

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   -                                 
         Date on which the         Number of
State party          Type  of report   report was due         reminders sent


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
  Fourth report   9 December 1988     4
  Fifth report  9 December 1990     3
  Sixth report  9 December 1992     1
  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
  Sixth report  5 January 1980      18
  Seventh report  5 January 1982    14
  Eighth report  5 January 1984    10
  Ninth report  5 January 1986     6
  Tenth report  5 January 1988     3
  Eleventh report  5 January 1990     3
  Twelfth report  5 January 1992     2
  Thirteenth report  5 January 1994     1
  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
  Third report  17 March 1987     6
  Fourth report  17 March 1989     4
  Fifth report  17 March 1991     3
  Sixth report  17 March 1993     1
  Seventh report  17 March 1955    -                                        
 Date on which the         Number of
State party          Type of report   report was due          reminders sent


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
  Third report  15 March 1989     4
  Fourth report  15 March 1991     3
  Fifth report  15 March 1993     1
  Sixth report  15 March 1995   -Swaziland  Fourth report  6 May 1976    25
  Fifth report  6 May 1978    21
  Sixth report  6 May 1980    19
  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     -   Twelfth  report   17 March
1995   -Trinidad and  Eleventh report  4 November 1994   -Tobago

Tunisia  Thirteenth report  5  January 1994   -                             
            Date on which the         Number of
State party          Type of report   report was due         reminders  sent


Uganda  Second report  21 December 1983    10
  Third report  21 December 1985     6
  Fourth report  21 December 1987     3
  Fifth report  21 December 1989     3
  Sixth report  21 December 1991     2
  Seventh report  21 December 1993     1

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
  Thirteenth report  5 January 1994   1

Viet Nam  Sixth report   9 July 1993   -Yemen  Eleventh report  19  November
1993   -Yugoslavia 14/  Eleventh report  5 January 1990   2
  Twelfth report  5 January 1992   2
  Thirteenth report  5 January 1994   1

Zaire   Tenth report  21  May 1995    -Zambia  Twelfth  report  22  February
1995   -Zimbabwe  Second  report  21 June 1995    -               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.

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.)

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 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.
Glele-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 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,  "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. Glele-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).

  2/   Official Records  of  the General  Assembly, Twenty-seventh  Session,
Supplement No. 18 (A/8718), chap. IX, sect. B.

  3/   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  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 in, on the one hand, 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  over
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  be 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 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.

  4/    Official  Records  of the  General  Assembly,  Forty-third  Session,
Supplement No. 18 (A/43/18), annex IV.

  5/   Official  Records  of  the  General  Assembly,  Forty-sixth  Session,
Supplement No. 18 (A/46/18), annex VIII.

  6/  Reproduced in  the Committee's annual report  for 1993 (A/48/18, annex
IV).

  7/  Reproduced in  the Committee's annual report for 1994 (A/49/18,  annex
IV).

  8/  See A/49/23, chapter 1.

  9/  Submitted  in compliance with a decision of the Committee taken at its
forty-sixth session (1995).

   10/  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.

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

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

  13/    For a  report  submitted  in  compliance with  a  decision  of  the
Committee taken at its forty-fourth session (1994), see CERD/C/282.

  14/  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.

--ANNEX I


A.  States parties to the International Convention on the  
    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
Cote d'Ivoire   4 January 1973 a/   3 February 1973
Croatia  12 October 1992 b/   8 October 1991
Cuba  15 February 1972  16 March 1972
   Date of receipt
  of the instrument
   of ratification
State party    or accession  Entry into force

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
   Date of receipt
  of the instrument
   of ratification
State party    or accession  Entry into force

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
   Date of receipt
  of the instrument
   of ratification
State party    or accession  Entry into force

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


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
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                   
     State party     Date acceptance received
Australia
         15 October  1993Bahamas          31 March 1994Bulgaria            2
March 1995Burkina Faso            9 August  1993Canada           8  February
1995Denmark          3 September 1993Finland           9 February 1994France
        1 September 1994Netherlands
  (for the Kingdom in Europe and
  the Netherlands Antilles and
  Aruba)         24 January 1995New Zealand          8 October 1993Norway   
      6 October 1993Republic of Korea          30 November 1993Seychelles   
    23 July 1993Sweden           14 May 1993Trinidad and Tobago           23
August 1993Ukraine           17 June 1994United Kingdom of Great Britain and
Northern Ireland          7 February 1994

                            

    *  For the amendments to enter into force, acceptance must be
     received from two thirds of the States parties to the Convention.

          a/  Accession.

          b/  Date of receipt of notification of succession.
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.Preventionofracialdiscrimination,includingearlywarningandurgentprocedures.

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.

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.Submission  of reports  comments and  information submitted  by  States
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.

ANNEX III

Contribution of the Committee on the Elimination
of Racial Discrimination to the United Nations 
Decade for Human Rights Education*


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:

  (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  21-23  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.



















                       

  *  Text adopted at the 1098th meeting, 17 March 1995.
ANNEX IV

List of documents issued for the forty-sixth and forty-seventh
sessions of the Committee


CERD/C/210/Add.4Ninth, tenth  and  eleventh  periodic  reports  of  Romania,
submitted in one document

CERD/C/224/Add.1Seventh,  eighth,  ninth   and  tenth  periodic  reports  of
Trinidad and Tobago, submitted in one document

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

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

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

one document

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

CERD/C/247/Add.1Report of  Bosnia  and Herzegovina  submitted in  compliance
with a decision of the Committee taken at its forty-second session

CERD/C/248/Add.1Additional   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.1Additional information  of Croatia  submitted in  compliance
with a decision of the Committee taken at its forty-third session

CERD/C/256/Add.1Second, third, fourth, fifth  and sixth periodic reports  of
Guatemala, submitted in one document

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

CERD/C/259/Add.1Fifth, sixth, seventh, eighth and ninth periodic reports  of
Chad, submitted in one document

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

CERD/C/263/Add.1Eleventh,  twelfth  and  thirteenth   periodic  reports   of
Cyprus, submitted in one document

 CERD/C/263/Add.3Thirteenth periodic report of Nigeria

CERD/C/263/Add.4Eleventh,  twelfth   and  thirteenth   periodic  reports  of
Belarus, submitted in one document

CERD/C/267Provisional agenda and  annotations of the forty-sixth session  of
the Committee on the Elimination of Racial Discrimination

CERD/C/268Submission  of  reports  by  States  parties  in  accordance  with
article 9 of the Convention

CERD/C/269Consideration   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.1Fifth, sixth,  seventh,  eighth and  ninth periodic  reports
of Nicaragua, submitted in one document

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

CERD/C/283Additional information of  Nigeria submitted in compliance with  a
decision taken by the Committee at its forty-third session

CERD/C/284Provisional  agenda and  annotations of  the forty-seventh session
of the Committee on the Elimination of Racial Discrimination

CERD/C/285Submission  of  reports  by  States  parties  in  accordance  with
article 9 of the Convention

CERD/C/286Report of  Mexico submitted in compliance  with a  decision of the
Committee taken at its forty-sixth session

CERD/C/287Additional information of Nigeria

CERD/C/SR.1070 to  1127Summary records of  the forty-sixth and  fortyseventh
sessions of the Committee on the Elimination of Racial Discrimination
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:
  DocumentsAfrican  territories    Western Sahara  AC.109/1194Atlantic Ocean
and Caribbean Territories,
including Gibraltar  Falkland Islands (Malvinas)
  Gibraltar A/AC.109/1198
 A/AC.109/1195Pacific   and  Indian   Ocean  Territories     New   Caledonia
A/AC.109/1197
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 Rodriguez

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

Urgent report requested by the Committee under
article 9, paragraph 1, of the Convention

CHAD  Mr. Regis 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
reports (CERD/C/263/Add.1)

EL SALVADOR  Mr. Rudiger Wolfrum

Third, fourth, fifth, sixth, seventh and eighth
periodic reports (CERD/C/258/Add.1)

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

Urgent report requested by the Committee under
article 9, paragraph 1, of the Convention


    Reports considered by the Committee      Country rapporteur

FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND
MONTENEGRO)  Mr. Luis Valencia Rodriguez

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
reports (CERD/C/256/Add.1)

MADAGASCAR  Mr. Regis de Gouttes

Review based on the ninth periodic report
(CERD/C/149/Add.19)

MEXICO  Mr. Rudiger 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
periodic reports (CERD/C/277/Add.1)

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. Rudiger Wolfrum

Urgent report requested by the Committee under
article 9, paragraph 1, of the Convention

PERU  Mr. Rudiger Wolfrum

Eighth, ninth, tenth and eleventh periodic
reports (CERD/C/225/Add.3)

ROMANIA  Mr. Luis Valencia Rodriguez

Ninth, tenth and eleventh periodic reports
(CERD/C/210/Add.4)
    Reports considered by the Committee      Country rapporteur

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
reports (CERD/C/131/Add.11)

TRINIDAD AND TOBAGO  Mr. Andrew R. Chigovera

Seventh, eighth, ninth and tenth periodic
reports (CERD/C/224/Add.1)

UNITED ARAB EMIRATES  Mr. Ion Diaconu

Seventh, eighth, ninth, tenth and eleventh
periodic reports (CERD/C/279/Add.1)

ANNEX VII

General recommendation XIX (47) on article 3, adopted at
the 1125th meeting, 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.

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 International  Convention on  the Elimination of
All Forms of Racial 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.
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 Kronors  (DKK), 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.
  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:

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 DKK 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-a-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.

 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 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  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 DKK  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 using 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  in  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
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 - i.e. 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-a-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  International  Convention on  the Elimination  of All
Forms of Racial 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 Committee  concludes  that the  requirements  of  article 14,
paragraph  7 (a), of the International Convention on  the Elimination of All
Forms of Racial 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.]


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