| Draft
concluding observations of the Committee concerning
the initial report of Georgia
Draft
concluding observations of the Committee concerning
the eleventh periodic report of Bangladesh
Draft
concluding observations of the Committee concerning
the fifteenth periodic report of Greece
The
meeting was called to order at 10.20 a.m.
CONSIDERATION OF REPORTS, COMMENTS AND INFORMATION
SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE
CONVENTION (agenda item 6) (continued)
Draft
concluding observations concerning the initial report
of Georgia
(CERD/C/58/Misc.25/Rev.2)
Paragraphs
1 and 2
1.
Paragraphs 1 and 2 were adopted.
Paragraph
3
2.
Mr. SHAHI said that, in paragraph 3, the Committee
rightly recognized that the Georgian Government was
not in control of all the national territory. He regretted
that the Committee had not made the same observation
with regard to some other States parties and hoped
that it would do so in future.
3.
Mr. THORNBERRY said that paragraph 3 reflected the
difficulties stemming from the ethnic and political
conflicts faced by Georgia, but it might be inferred
that, since the conflicts had been given dates, they
ended, and that was not the case. He therefore proposed
that the dates should be deleted.
4.
Paragraph 3, as amended, was adopted.
5.
Mr. Valencia Rodríguez took the Chair.
Paragraphs
4 to 7
6.
Paragraphs 4 to 7 were adopted.
Paragraph
8
7.
Mr. ABOUL-NASR said he was astonished that the Committee
should still be calling on States parties to condemn
apartheid although that phenomenon had disappeared
in South Africa.
8.
Mr. FALL (Country Rapporteur) recalled that the Committee
had discussed the matter when drawing up the document
recapitulating its general recommendations and decisions
of general interest (CERD/C/365/Rev.I). It had been
agreed at the time that apartheid had been an ideology
and that there were no grounds for asserting that
it could not recur, even though it had been abolished
as a State system in South Africa. In any case, States
parties were still called upon to condemn apartheid
pursuant to article 3 of the Convention.
9.
Paragraph 8 was adopted.
Paragraphs
9 to 13
10.
Paragraphs 9 to 13 were adopted.
Paragraph
14
11.
Mr. ABOUL-NASR, supported by Mr. DIACONU, said he
was surprised at the inclusion of paragraph 14, which
dealt solely with religious freedom; the subject had
nothing to do with the Convention and he therefore
proposed the paragraph's deletion.
12.
Mr. FALL (Country Rapporteur) recalled that the religious
conflicts between the Orthodox Church and other faiths
in Georgia were mentioned in the State party's report
and had been referred to during the dialogue with
the Georgian delegation.
13.
Mr. SHAHI said that, in the case of Georgia, religious
and ethnic conflicts were closely linked and that
the Committee was undoubtedly right to express its
concern about the matter in that particular case,
even though the Convention did not directly relate
to religious intolerance.
14.
Mr. PILLAI said that paragraph 14, as worded, failed
entirely to bring out any connection between religious
and ethnic conflicts and that he was therefore in
favour of its deletion.
15.
Paragraph 14 was deleted.
Paragraph
15
16.
Mr. SHAHI noted that, in paragraph 15, the Committee
requested the Georgian Government to take the necessary
measures to facilitate the return of Meskhetians to
the country. While welcoming the request, he proposed
that it should be stated, at the end of the paragraph,
that the measures should also enable them to acquire
Georgian nationality on their return.
17.
Paragraph 15, as amended, was adopted.
Paragraphs
16 to 21
18.
Paragraphs 16 to 21 were adopted.
19.
The draft concluding observations concerning the initial
report of Georgia, as amended, were adopted, subject
to the renumbering of the paragraphs.
20.
Mr. Fall resumed the Chair.
Draft
concluding observations of the Committee concerning
the eleventh periodic report of Bangladesh (CERD/C/58/MISC.26/Rev.2)
Paragraph
1
21.
Paragraph 1 was adopted.
Paragraph
2
22.
Mr. YUTZIS proposed that the word "detailed"
in the first sentence should be deleted.
23.
Paragraph 2, as amended, was adopted.
Paragraphs
3, 4 and 5
24.
Paragraphs 3, 4 and 5 were adopted.
Paragraph
6
25.
Paragraph 6 was adopted.
Paragraph
7
26.
After a discussion on whether reference should be
made to the "high incidence of poverty"
and its effect on enjoyment of the rights provided
for in article 5 of the Convention, in which Mr. ABOUL-NASR,
Mr. PILLAI, Mr. DIACONU, Mr. SHAHI, Mr. TANG and Mr.
YUTZIS took part, the Committee decided, on a proposal
by Mr. PILLAI, to delete paragraph 7.
27.
Paragraph 7 was deleted.
Paragraph
8
28.
Mr. THORNBERRY proposed that, in the second sentence,
the word "information" should be preceded
by the word "disaggregated". He also proposed
that, in the last sentence, the word "may"
should be replaced by the word "should".
29.
Paragraph 8, as amended, was adopted.
Paragraph
9
30.
Mr. ABOUL-NASR proposed that, in the second sentence,
the words "the provisions of" should be
followed by the words "article 4 of". The
sentence would thus read: "The Committee recommends
the State party to consider giving full effect to
the provisions of article 4 of the Convention".
31.
Mr. SHAHI proposed that the word "remedies"
in the eighth line should be followed by the words
"under article 6". The second sentence would
then read: "The Committee recommends the State
party to consider giving full effect to the provisions
of article 4 of the Convention, in its domestic legal
order, to ensure penalization of acts of racial discrimination,
as well as to ensure access to effective protection
and remedies under article 6", the subsequent
wording remaining unchanged.
32.
Paragraph 9, as amended, was adopted.
Paragraphs
10 to 21
33.
Paragraphs 10 to 21 were adopted.
34.
The draft concluding observations of the Committee
concerning the eleventh periodic report of Bangladesh,
as amended, were adopted.
35.
Mr. Sherifis took the Chair.
Draft
concluding observations of the Committee concerning
the fifteenth periodic report of Greece (CERD/C/Misc.24/Rev.2)
36.
Mr. RECHETOV (Country Rapporteur) said that the draft
concluding observations under consideration had been
drawn up with the help of the secretariat and included
the amendments suggested by the members of the Committee.
Paragraphs
1 to 3
37.
Paragraphs 1 to 3 were adopted.
Paragraph
4
38.
Mr. DIACONU proposed that the last part of the sentence,
from the word "and" to the end, should be
deleted, since that was an undertaking States parties
assumed on ratifying the Convention and it thus went
without saying.
39.
Paragraph 4, as amended, was adopted.
Paragraphs
5 and 6
40.
Paragraphs 5 and 6 were adopted.
Paragraph
7
41.
Mr. SHAHI, referring to a comment by Mr. THORNBERRY,
proposed that the word "Deontology", not
a current term in English, should be followed by the
term "ethics" in parentheses.
42.
Paragraph 7, as amended, was adopted.
Paragraph
8
43.
Paragraph 8 was adopted.
Paragraph
9
44.
Mr. de GOUTTES, referring to an objection by Mr. ABOUL-NASR,
who pointed out that the Committee did not know whether
all minorities participated in political life in Greece,
proposed that the beginning of the paragraph should
be amended to read: "The Committee notes the
information provided by the State party that …".
45.
Paragraph 9, as amended, was adopted.
Paragraph
10
46.
Paragraph 10 was adopted.
Paragraph
11
47.
Mr. SHAHI noted that the repeal of the article of
the Code in question had had a retroactive effect
for the many persons deprived of their citizenship
while the measure had been in force. It therefore
seemed to him inappropriate to mention that repeal
in the context of positive aspects.
48.
Mr. RECHETOV (Country Rapporteur) proposed that the
paragraph should be deleted.
49.
Paragraph 11 was deleted.
Paragraph
12
50.
Paragraph 12 was adopted.
Paragraphs
13 and 14 (new paragraph 13)
51.
Mr. DIACONU proposed that paragraphs 13 and 14 should
be replaced by a new paragraph, to be worded: "While
noting that the report of the State party refers to
'the Muslim minority of western Thrace' and within
it to Turkish, Pomak and Roma groups, and not to other
ethnic groups in the country, the Committee draws
the attention of the State party to its General Recommendations
VIII (38) and XXIV (55) in this regard". He recalled
that a similar paragraph appeared in the Committee's
concluding observations concerning the fifteenth periodic
report of Germany.
52.
Mr. SHAHI supported the proposal made by Mr. Diaconu
and further proposed that the full headings of the
General Recommendations in question, not simply their
numbers, should be given.
53.
The new paragraph 13, as proposed by Mr. Diaconu and
amended by Mr. Shahi, was adopted.
Paragraph
15
54.
Mr. YUTZIS, noting that, in paragraph 15, the Committee
encouraged the State party to build upon its education
programmes in order to counter negative stereotypes
and promote the objectives of human rights and tolerance,
drew attention to the meaning of the word "tolerance"
which was weak and which the Committee ought to consider
at another time. It would be better to use the word
"recognition", which was the opposite of
"intolerance".
55.
Mr. DIACONU proposed that the words "the objectives
of human rights and tolerance" should be replaced
by the words "the objectives of the Convention".
56.
Paragraph 15, as amended, was adopted.
Paragraph
16
57.
Mr. ABOUL-NASR proposed the deletion of the word "linguistic"
before the words "minority populations".
58.
Paragraph 16, as amended, was adopted.
Paragraph
17
59.
Mr. THORNBERRY said that the reference to the Sidiropoulos
v. Greece case without further detail was unclear.
He also noted that the Macedonian community was not
mentioned in any other paragraph of the draft concluding
observations. He therefore proposed that the words
"and its implications fully taken into account
in legal and policy developments affecting people
of Macedonian origin" should be added after the
words "and urges that the decision be widely
disseminated within and beyond legal and judicial
circles".
60.
Mr. YUTZIS said he also thought that the Macedonian
community should be mentioned in the draft concluding
observations.
61.
Mr. de GOUTTES said that paragraph 17 was unclear
and should be either substantially amended or deleted.
62.
The CHAIRMAN, having called for a show of hands to
indicate whether the Committee preferred to maintain
or delete the paragraph, noted that a majority of
Committee members supported its deletion.
63.
Paragraph 17 was deleted.
Paragraph
18
64.
Paragraph 18 was adopted.
Paragraph
19
65.
Mr. FALL proposed that paragraph 19 should be drafted
more briefly and simply and that, in any case, the
reference at the end to the majority or other groups
in the population should be deleted.
66.
Paragraph 19, as amended was adopted.
Paragraph
20
67.
Mr. RECHETOV (Country Rapporteur) proposed that the
last part of paragraph 20, after the words "the
principles of the Convention", should be replaced
by the words "by law enforcement officials".
68.
Paragraph 20, as amended, was adopted.
Paragraphs
21 to 24
69.
Paragraphs 21 to 24 were adopted.
New
paragraph
70.
Mr. de GOUTTES proposed the addition of a new paragraph
in which the State party would be requested to provide
information on proceedings and judgements in cases
of racial discrimination. He recalled that such a
paragraph had been incorporated in a number of concluding
observations relating to reports by States parties
and proposed, as an example, the one adopted in the
concluding observations concerning the initial report
of Georgia, namely, "The Committee recommends
the State party to include, in the next periodic reports,
statistics on cases where the relevant provisions
of the Civil Code and the Penal Code have found application".
71.
The new paragraph proposed by Mr. de Gouttes was adopted.
72.
Mr. SHAHI said he regretted that, following the deletion
of paragraph 17, the draft concluding observations
did not state that communities must be free to manage
their own associations, including charities.
73.
Mr. THORNBERRY said he regretted that, since paragraph
17 had been deleted and his proposal to amend it had
not been adopted, the text of the concluding observations
contained no reference to the Macedonian community,
which did exist after all.
74.
Mr. YUTZIS said that he endorsed the point made by
Mr. Thornberry.
75.
In the light of those comments, the draft concluding
observations concerning the fifteenth periodic report
of Greece, as amended and subject to drafting amendments,
were adopted. |
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