Report of States Parties submitted under Article 9 of the Convention; Seventeenth periodic reports of States parties due in 2002; Addendum; Belarus [CERD/C/431/Add.9]
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Distr.
GENERAL
CERD/C/65/CO/2 10 December 2004
Original: ENGLISH |
Concluding observations of the
Committee on the Elimination of Racial Discrimination : Belarus.
10/12/2004.
CERD/C/65/CO/2.
(Concluding
Observations/Comments) |
Convention Abbreviation: CERD
- COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
Sixty-fifth
session
2 - 20 August 2004
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 9 OF THE CONVENTION
Concluding observations of the Committee on
the
Elimination of Racial Discrimination
BELARUS
1. The Committee considered the
fifteenth to seventeenth periodic reports of Belarus, submitted in one
document (CERD/C/431/Add.9), at its 1649th and 1650th meetings (CERD/C/SR.1649
and 1650), held on 5 and 6 August 2004. At its 1667th meeting
(CERD/C/SR.1667), held on 18 August 2004, it adopted the following concluding
observations.
A. Introduction
2. The Committee
welcomes the report submitted by the State party and the opportunity to resume
its dialogue with the State party in a constructive manner. Furthermore, the
Committee takes note that the report addresses some of the concerns and
recommendations set forth by the Committee relating to the fourteenth periodic
report. However, it notes the lack of sufficient information in the report on
the practical implementation of the Convention.
B. Positive aspects
3. The Committee
notes with satisfaction the State party's accession in 2001 to the 1951
Convention relating to the Status of Refugees and its 1967 Protocol, as well
as the adoption of implementing legislation.
4. The Committee notes with
appreciation the information provided by the delegation on the preparation of
a draft national plan of action on the follow-up to the World Conference
against Racism, Racial Discrimination, Xenophobia and Related Intolerance.
5. The Committee notes with appreciation the State party's efforts to
adopt new legislation in compliance with the standards set by international
human rights instruments, in particular, the standards set by the
Convention.
6. The Committee welcomes the State party's efforts to include
human rights education in school curricula.
C. Concerns and recommendations
7. The
Committee draws the attention of the State party to racist and xenophobic
incidents in Belarus.
The Committee encourages the State party to continue to monitor all
tendencies that give rise to racist and xenophobic behaviour and to combat
the negative consequences of such tendencies. The Committee also
recommends that the State party intensify its efforts to ensure to
everyone within its jurisdiction effective protection and remedies against
acts of racial discrimination.8. The Committee expresses
concern over the dissemination of racist, discriminatory and xenophobic, in
particular, anti-Semitic propaganda on the Internet, while acknowledging the
efforts undertaken by the State party to curtail such phenomena.
While reminding the State party of its obligation to respect the
right to freedom of opinion and expression when implementing article 4 of
the Convention in the context of the Committee's general recommendation
XV, the Committee recommends to the State party that it strengthen its
efforts to combat racist propaganda on the Internet. The Committee further
requests that the State party provide in its next periodic report detailed
information on measures taken in this field. 9. While
acknowledging the awareness-raising efforts made by the State party, the
Committee notes with concern that Belarus is a country of transit for the
trafficking of women and girls for the purpose of sexual exploitation.
The Committee recommends to the State party that it reinforce
ongoing efforts to prevent and combat trafficking and provide support and
assistance to victims, wherever possible in their own language.
Furthermore, the Committee urges the State party to make determined
efforts to prosecute the perpetrators and underlines the paramount
importance of prompt and impartial investigations.10. With
respect to article 5, the Committee reiterates its regrets regarding the lack
of information on the situation of minority groups and their enjoyment of all
human rights. In particular, it notes the paucity of information on the Roma.
The Committee renews its request that the State party include
detailed information in its next periodic report on the situation of
minority groups, in particular Roma. In this connection, the Committee
draws the attention of the State party to its general recommendation XXVII
and encourages it to adopt or make more effective legislation prohibiting
discrimination in employment and all discriminatory practices in the
labour market affecting members of Roma communities and to protect them
against such practices.11. The Committee regrets the paucity of
information in the State party's report on the fundamental rights of
non-citizens temporarily or permanently residing in Belarus, including
stateless persons, refugees and migrant workers.
The Committee requests the State party to include further
information on the enjoyment of rights by non-citizens residing in
Belarus, in particular stateless persons, refugees and migrant workers, in
its next periodic report. In this regard, the Committee draws the
attention of the State party to its general recommendation XXX on
discrimination against non-citizens and
invites the State party to consider ratifying the
International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families.12. While taking note
of the legislative provisions providing for the right to effective protection
and remedies in the State party, the Committee reiterates its concern over the
lack of specific information and statistics on cases where the relevant
provisions of domestic legislation concerning racial discrimination were
applied.
The Committee requests that the State party include in its next
periodic report statistical information on prosecutions launched, and
penalties imposed, in cases of offences that relate to racial
discrimination and where the relevant provisions of the existing domestic
legislation have been applied. The Committee reminds the State party that
the mere absence of complaints and legal action by victims of racial
discrimination may be largely an indication of the absence of relevant
specific legislation, a lack of awareness of the availability of legal
remedies, or insufficient will by the authorities to prosecute. It is
therefore essential to provide for the relevant provisions in national
legislation and to inform the public of the availability of all legal
remedies in the field of racial discrimination. The Committee also
encourages the State party to continue its efforts to foster independence
of the judiciary in the light of the findings of the special rapporteur on
the independence of the judges and lawyers following his mission to
Belarus in 2001 (see E/CN.4/2001/65/Add.1).13. The Committee
notes that insufficient information was provided on the effective functioning
of the national bodies and mechanisms whose mandate includes combating racial
discrimination, in particular, the State Committee on Religious and Ethnic
Affairs of the Council of Ministers of the Republic of Belarus and its
regional executive committees and the Minsk municipal executive committees.
The Committee further notes the lack of information on initiatives taken by
the State party to establish a national human rights institution, despite the
Committee's previous recommendation in this regard.
The Committee recommends that in its next periodic report, the
State party provide additional information on the role, responsibilities,
functioning and achievements of all institutions working in the area of
racial discrimination. Furthermore, the Committee encourages the State
party to consider the establishment of an independent national human
rights institution, in accordance with the Principles relating to the
status of national institutions for the promotion and protection of human
rights (the Paris Principles) (General Assembly resolution 48/134), to
monitor and evaluate progress in the implementation of the Convention at
the national and local levels.14. The Committee again
expresses its regret that the State party has not provided sufficient
information on measures taken to educate law enforcement officials, members of
political parties and media professionals on the provisions of the Convention.
The Committee encourages the State party to expand and strengthen
the existing efforts in human rights education beyond the school system in
order to promote understanding and tolerance among all racial and ethnic
groups in society. In this regard, particular attention should be paid to
general recommendation XIII, according to which law enforcement officials
should receive intensive training to ensure that, in the performance of
their duties, they respect and protect the human rights of all persons
without distinction as to race, colour or national or ethnic
origin.15. The Committee notes the lack of sufficient
information on efforts taken by the State party to involve non-governmental
organizations in the preparation of the periodic report and expresses concern
over the restrictions placed by the authorities on civil society
organizations, including organizations working to combat racial
discrimination.
The Committee underlines the importance of the role of civil
society in the full implementation of the Convention and recommends that
the State party remove all legal, practical and administrative obstacles
to the free functioning of civil society organizations that contribute to
promoting human rights and combating racial discrimination. Furthermore,
the Committee recommends that they be consulted during the preparation of
the next periodic report.16. The Committee notes that the
State party has not made the optional declaration provided for in article 14
of the Convention, despite the assurances given to the Committee in 1997 that
it was considering so doing. The Committee strongly recommends that the State
party consider the possibility of making the declaration.
17. The
Committee strongly recommends that the State party ratify the amendments to
article 8, paragraph 6, of the Convention, adopted on 15 January 1992 at the
Fourteenth Meeting of States Parties to the Convention and endorsed by the
General Assembly in its resolution 47/111. In this connection, the Committee
refers to General Assembly resolution 57/194, in which the Assembly strongly
urged States parties to accelerate their domestic ratification procedures with
regard to the amendment and to notify the Secretary-General expeditiously in
writing of their agreement to the amendment. A similar appeal was reiterated
by the General Assembly in resolution 58/160.
18. The Committee
recommends that the State party consider withdrawing its reservation to
article 17 of the Convention.
19. The Committee recommends that the
State party take into account the relevant parts of the Durban Declaration and
Programme of Action when implementing the Convention in the domestic legal
order, in particular in respect of articles 2 to 7 of the Convention. It
further recommends that it include in its next periodic report information on
measures taken to implement the Durban Declaration and Programme of Action at
the national level, in particular the preparation and implementation of the
national plan of action.
20. The Committee recommends that the State
party's reports be made readily available to the public from the time they are
submitted and that the observations of the Committee on these reports be
similarly publicized.
21. The Committee recommends that the State party
submit its eighteenth periodic report jointly with its nineteenth periodic
report on 8 August 2008,
and that it address in
this report all points raised in the present concluding observations.
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Office of the United
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