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1.
At the invitation of the Chairman, Ms. Telalian, Mr.
Kastanas, Mr. Giannoulas and Ms. Babassika (Greece)
took places at the Committee table.
2.
Ms. TELALIAN (Greece), apologizing for Greece's late
submission of its fifteenth periodic report (CERD/C/363/Add.4),
said that it had submitted a revised version of the
report containing additional information on recent
measures taken in the human rights field, but that,
owing to time constraints, the document had not been
translated into all working languages. Members could
consult the revised report for further information
on the situation of Roma and their integration in
society, programmes adopted in the field of intercultural
education and the new bill on migrant workers and
their rights.
3.
She then referred briefly to the human rights institutions
cited in paragraph 9 of the report, and also drew
attention to the establishment of the Interministerial
Committee on International Humanitarian Law, which
had later become the National Commission on the Implementation
and Dissemination of International Humanitarian Law.
4.
Domestic courts directly applied the provisions of
international treaties to which Greece was a party
and adopted the interpretation of international monitoring
bodies. Special measures had recently been taken to
ensure compliance with the judgements of the European
Court of Human Rights, for example on the reopening
of criminal proceedings after a Court judgement finding
a violation of the right to a fair trial. Furthermore,
the Supreme Administrative Court had accepted the
need to adopt measures to attain effective gender
equality. Affirmative action measures would soon acquire
a constitutional dimension once the ongoing revision
of the Constitution was completed. Greece also cooperated
closely with, inter alia, the Council of Europe's
European Commission against Racism and Intolerance
(ECRI) and the Committee for the Prevention of Torture
(CPT).
5.
Turning to the question of aliens and migrant workers,
she said that, traditionally, Greece had been a country
of emigration, but over the past decade it had witnessed
a mass influx of immigrants, particularly from neighbouring
countries, as a result of the collapse of former communist
regimes and ensuing ethnic conflicts. Today, it was
estimated that immigrants amounted to 7 per cent of
the total population, most of them having come from
Albania illegally in search of better living conditions.
6.
Following events in Albania in 1997, many criminal
bands that had looted weapons from the Albanian army
had been involved in arms trafficking and organized
crime in Greece and other European countries. A number
of border areas in Greece had been hard hit by such
activities, leading to a sense of insecurity among
local inhabitants and fuelling a negative stereotype
about Albanians. As a result, there had been isolated
xenophobic incidents targeting foreigners. But such
reactions did not amount to racism, and there had
certainly not been any signs of racial hatred or prejudice
or any acts of racist aggression committed against
foreigners. No political party in Greece had ever
adopted a racist slant or right-wing extremist slogans,
since such an ideology held no appeal for the population.
On the contrary, the Greeks were very alive to the
issue of racism, since many compatriots had been immigrants
in other countries.
7.
However, Greece had failed to introduce a long-term
immigration policy that established the rules for
legal entry and residence and for social integration.
There had been a correlation between the rise in crime
by illegal immigrants and the lack of an appropriate
social policy, many illegal immigrants having had
no choice but to seek a livelihood in criminal activities.
The 1991 legislation on aliens had not provided a
solution to immigrant-related problems, because it
had focused more on police controls and the prevention
of immigration than on promoting social integration.
The 1998 measures for the regularization of illegal
immigrants had yielded some positive results. The
number of crimes by foreigners had decreased and some
165,000 green cards had been issued. But the measures
had been insufficient to deal with all the existing
problems.
8.
The new immigration bill currently under discussion
in Parliament was therefore an important step forward,
because it created the foundation for a new immigration
policy based on the rule of law and respect for international
human rights instruments. It provided for both centralized
and decentralized public services for aliens. Immigrants'
residence permits were no longer to be granted by
the police, but by the local authorities. It safeguarded
the rights of migrant workers and established conditions
for their social integration, regulated issues of
employment and social security, protected immigrant
minors and ensured their access to education and social
security services, regardless of whether they were
legal or not, guaranteed the right to work and imposed
fines on employers who employed illegal migrants,
and, unlike earlier legislation, allowed foreigners
to change employers without losing their residence
or work permit. In addition, a regularization procedure
was open to illegal migrants under certain conditions.
Those who had been unable to regularize their status
in 1998 had been given a second chance. Special provision
had been made for family reunification. Promotion
of forced prostitution and illicit trafficking in
foreign women was also punishable. The bill before
Parliament made cross-reference to Law 927/1979, which
imposed criminal sanctions for racist and xenophobic
acts. Racism was now a crime that could be prosecuted
ex officio.
9.
She then referred to the presidential decrees described
in the report (para. 45) and to efforts made in the
field of education, notably to promote intercultural
schools (para. 48), of which there were now 21.
10.
Turning to the question of minorities, she said that
Greece was a country which respected cultural diversity.
All persons living on Greek territory were free to
manifest their own religion, preserve their own culture
and speak their own language. Many groups spoke a
language other than Greek but were fully integrated
in Greek society. Similarly, all persons were free
to identify themselves as having a different ethnic
or national origin.
11.
The only officially recognized minority in Greece
was the Muslim minority of Western Thrace. It enjoyed
issopolitia (equal status) and issonomia (equal enjoyment
and protection of the law), and a whole range of measures
were in place to promote its religious, cultural and
linguistic identity. Recently, new textbooks had been
introduced which for the first time were based on
the cultural background of the Muslim minority. In
the previous three years, the number of Muslim pupils
attending secondary school had increased by 300 per
cent, which showed that the new measures had been
effective. There were special quotas for the admission
of 400 Muslim minority students to Greek universities
allowing them to dispense with the national examination
procedure required of other Greek students. Greek
was taught as a second language to Muslim pupils to
help them improve their academic performance and facilitate
their enrolment in Greek universities. Details on
minority education and schooling were contained in
the revised report.
12.
Referring to the issue of the appointment of the mufti,
which had already been addressed in the report (paras.
30 to 34), she said that an application had been submitted
to the European Court of Human Rights by one of the
irregularly elected mufti, Mr. Agga, who, like Mr.
Serif, had been convicted of pretence of authority
(para. 34), Mr. Serif's conviction having already
been overturned by the Court.
13.
All Greek Governments had refused to refer to the
whole Muslim minority as "Turkish" owing
to the actual make-up of the minority and the conviction
that the political designs behind that assertion were
not conducive to the peaceful co-existence of the
various groups. However, whereas in the past using
the name "Turk" in titles of unions or organizations
had posed difficulties, the Supreme Court had recently
overruled a decision by the court of appeal, finding
that such use was not illegal in itself unless the
organization's activities were directed against the
public order or national security and ordering the
court of appeal to review the case.
14.
Her Government was working to find solutions to the
pressing needs of Roma and ensure their full integration
into the social, economic and political life of the
country. An Interministerial Committee had been set
up in March 2000 to work towards those goals. Most
Roma lived in camps and tents which did not meet decent
standards. The Government's objective was to put up
prefabricated homes or provide building plots with
the necessary amenities, as well as granting construction
loans. The success of those initiatives depended on
the cooperation of the municipal authorities, who
in many cases resisted their implementation.
15.
A major plan of action had been introduced providing
for special programmes in the areas of housing, education,
health care, vocational training, employment, cultural
activities and sports, with substantial government
funding (3.5 billion drachmas). The aim was initially
to cover the needs of 25,000 Roma and ultimately those
of the entire Roma community. As of November 2000,
822 homes had been made available to Roma, and construction
of another 1,000 had been approved. Some 5,000 Roma
had already been settled in organized camps in a number
of regions. In other regions, implementation of those
programmes was under way or nearing completion. She
referred the Committee to details of those programmes
given in the revised report and also to the "education
of Roma children" programme discussed in the
periodic report (paras. 40-43). Those efforts had
raised educational standards among Roma children and
increased the number of those reaching secondary school.
The drop-out rate in 2000 had declined from 75 per
cent to only 25 per cent.
16.
Police personnel and other law enforcement officials
were being given training aimed at heightening cultural
awareness, fighting prejudices and providing instruction
in the legal aspects of racial discrimination, and
covering the issues described in paragraphs 50 to
54 of the periodic report. The head of the Greek police
services had recently registered a number of human
rights violations committed by police officers which
would be the subject of special investigations. An
educational programme would be set up to highlight
the findings. As to remedies available to the victims
of racial discrimination committed by the police,
Presidential Decree No. 22 of 1996 provided for severe
punishment of police officers for physical or psychological
abuse or violence or any other form of degrading treatment
and also stipulated that the guilty parties were to
be removed from the police service.
17.
Clearly, conditions of detention for foreigners awaiting
expulsion were not entirely satisfactory, but a number
of measures had already been taken to improve the
situation. Several detention facilities had been opened
in 2000. Efforts were being made to meet basic health
and hygienic requirements. The immigration bill provided
for the setting up of special detention centres for
foreigners awaiting deportation. To avoid the detention
of aliens awaiting expulsion, the authorities granted
permission for temporary stay, on which more details
were given in the revised report.
18.
On the subject of the media, the Greek authorities
were working to strike a balance between the protection
of freedom of expression and the need to fight all
forms of racist and xenophobic speech. Broadcasting
programmes and advertisements that incited hatred
on grounds of race, religion, nationality or gender
was prohibited by law. The National Radio and Television
Council had issued relevant regulations and recommendations.
Similar prohibitions were also included in the codes
of conduct issued by professional associations of
journalists and newspaper owners. Media diversity
was promoted by public radio, which broadcast 30-minute
news bulletins daily in 12 languages, including Albanian,
Russian, Turkish, Polish and Romanian for immigrants
residing in Greece.
19.
In closing, she said that the Greek Government would
do everything in its power to eradicate the causes
of racism and xenophobia. Improving the economic situation
of certain groups and raising public awareness of
the issues were the best way of tackling those problems.
The Committee's recommendations would serve as useful
tools for Greece's future legislation and policy.
20.
The CHAIRMAN, responding to a question by Mr. ABOUL-NASR,
pointed out that the revised updating report of the
State party referred to in the introduction had not
been received in time for translation into the Committee's
working languages. It had not therefore been issued
as an official document for the session and some members
of the Committee were not familiar with its content.
21.
Ms. TELALIAN (Greece) said that it would be extremely
useful if the Committee could take the recent measures
described in the revised report into consideration
in assessing the implementation of the Convention
in Greece.
22.
Mr. RECHETOV (Country Rapporteur) thanked the Greek
authorities for submitting a report (CERD/C/363/Add.4)
that adopted a self-critical approach, was replete
with useful information and took into account the
Committee's concluding observations on the previous
periodic report (A/47/18, paras. 75-92). The update,
in English only, was similarly structured and contained,
inter alia, information about special programmes for
the Roma population and measures on behalf of aliens
and migrant workers. He had also noted with interest,
from the delegation's introductory statement, that
a number of places were reserved for national minorities
in Greek universities.
23.
Greece had ratified all major international instruments
for the prevention of racial discrimination, including
the Council of Europe's Framework Convention for the
Protection of National Minorities, and intended shortly
to make the declaration under article 14 of the Convention
that would allow individuals and groups in Greece
to submit petitions to the Committee. According to
paragraph 7 of the report, international human rights
treaties were directly applicable by the Greek courts
and due attention was paid by the courts, when interpreting
such instruments, to the case law of international
judicial or quasi-judicial bodies. Many references
were made throughout the report to decisions of the
European Court of Human Rights concerning Greece.
In cases where the Court had ruled against Greece,
requiring, for example, the payment of compensation
to the victims of human rights violations, the authorities
had gone even further and reversed decisions which,
in the Court's opinion, had been unjust. That kind
of response to criticism by an international judicial
body was highly commendable.
24.
Paragraph 8 of the report stated that the provisions
of the International Covenant on Civil and Political
Rights had been made widely known to lawyers and judges.
Were they also familiar with the provisions of the
Convention?
25.
He was impressed by the fact that, according to paragraph
9, the mass media in Greece were required to respect
the principle of non-discrimination and to comply
with legislative and other provisions prohibiting
racism and xenophobia, and that, under a draft code
of ethics, journalists would not be permitted to identify
accused or convicted persons solely in terms of their
ethnic origin or religious beliefs, a pernicious form
of stereotyping. He noted from paragraph 11 of the
report that Greece was aware that ethnic origin could
exacerbate the unequal status of women and that appropriate
affirmative action was necessary in that area.
26.
Greece had adopted the correct approach to the Muslim
minority in Thrace by seeking to integrate its members
into Greek society so that they were on an equal footing
with the majority Christian population rather than
aiming at forcible assimilation. The Muslim minority
apparently consisted of three ethnic groups: persons
of Turkish origin, indigenous Pomaks who spoke a Slavic
dialect and Roma. Observing that self-identification
was now universally recognized as the basis for assignment
to an ethnic or racial group, he noted the statement
in paragraph 16 of the report that objective criteria
should also be taken into account, and asked the delegation
to explain what those criteria were. He understood
that the Greek authorities were opposed to attempts,
allegedly under foreign pressure, to have all Muslims
in Thrace classified as being of Turkish origin. If
such pressure existed, he acknowledged that it could
have serious political consequences.
27.
He noted that the threshold for admission of political
parties to Parliament, at 3 per cent of the countrywide
vote, was comparatively low and that a considerable
number of Muslims had been elected to the office of
mayor or councillor at the regional level.
28.
With regard to education for minorities, paragraph
23 of the report admitted that the secondary schools
for the Muslim minority in the prefectures of Xanthi
and Rhodopi were not large enough to admit all applicants,
a problem mentioned by a number of non-governmental
organizations (NGOs). He noted with interest that
the Koran was taught in Arabic in schools attended
by the Pomaks in Xanthi. According to paragraph 27,
facilities were provided for the study of Greek as
a second language. Was he correct in assuming that
Turkish was thus taught as the first language in some
minority schools? If so, it was a very liberal provision
without parallel in most other European countries.
29.
He understood that the religious privileges of the
Muslim minority were largely governed by the Lausanne
Treaty of 1923. Again, he wondered whether there was
any other European country in which Islamic spiritual
leaders exercised judicial functions in respect of
family and inheritance matters, provided that their
decisions were not contrary to the Constitution. However,
a number of NGOs had criticized the fact that muftis
were not elected but appointed by presidential decree
on the basis of a recommendation by the Minister of
Education and Religion. The European Court of Human
Rights had ruled against Greece in a case brought
by an elected mufti who had been imprisoned for the
crime of "pretence of authority". Clearly,
such matters should be resolved by agreement between
the authorities and the representatives of the religious
community concerned in order to prevent the legal
guarantees established by the State entailing unwarranted
interference in the affairs of a section of the population.
30.
Both NGOs and European regional organizations recognized
that Greece had put a great deal of effort into improving
the lot of the Roma community. But the report itself
admitted that the situation was still unsatisfactory.
The Roma were still the victims of social exclusion
and negative stereotyping despite the authorities'
attempts to change social attitudes. He was puzzled
by the reference in paragraph 37 of the report to
the "re-establishment" of the Roma people.
What exactly did the term mean? The NGO material provided
to the Committee drew attention to cases of eviction
of Roma and physical assaults on members of the community,
primarily at the local level.
31.
He welcomed the delegation's reference to action being
taken against law enforcement officers who violated
the rights of members of ethnic minorities. Paragraphs
58 and 59 of the report also described provisions
for criminal and disciplinary action against officers
guilty of improper or unlawful behaviour. But paragraph
57 indicated that no complaints had yet been filed
concerning misbehaviour based on racial prejudice
on the part of police personnel. The Committee urged
the State party to keep it informed of any developments
in that regard.
32.
With regard to freedom of association, he noted with
interest that the Greek courts had refused to apply
the provision of the Civil Code that made it difficult
for aliens to manage associations on the grounds that
it was contrary to the Constitution and the European
Convention on Human Rights.
33.
Referring to paragraph 63 of the report, he noted
that authorization to open places of worship depended
on production of a certificate guaranteeing that certain
safety standards were met. It was alleged that the
local authorities took advantage of those regulations
in some cases to withhold authorization from certain
applicants. He welcomed the fact that the Greek authorities
were cooperating with the European Court of Human
Rights in preventing restrictive practices, also in
respect of prosecutions under Law 1363/1998 concerning
proselytism (paragraph 65 of the report).
34.
In response to criticism by NGOs and European organizations,
the Greek authorities had repealed article 19 of the
Citizenship Code concerning the withdrawal of citizenship
from persons of non-Greek ethnic origin who left the
country without plans to return. He asked whether
the authorities had considered making amends to victims
of the implementation of article 19 in the past by
restoring their citizenship. He noted that the Greek
authorities had given the assurance that article 20
of the Citizenship Code, which provided for the withdrawal
of citizenship from persons who committed acts contrary
to the interests of Greece while living abroad, would
in future be applied only in very exceptional cases.
35.
He drew attention to the 1999 report of the Council
of Europe's European Commission against Racism and
Intolerance (ECRI) based on material submitted by
Greek NGOs. Covering issues such as citizenship, immigration,
the opening of places of worship, freedom of association,
Roma rights and anti-Albanian sentiment, it combined
criticism with praise for the genuine change in Greek
society brought about by the action of the Greek authorities.
36.
Ms. McDOUGALL asked why the State party officially
recognized only one minority - the Muslims of Thrace
- and on what criteria. She sought further details
on the petition submitted on behalf of Mr. Agga to
the European Court of Human Rights. More information
would have been appreciated in the report on the status
of women, in accordance with the Committee's General
Recommendation XXV. To what extent did Greece's fairly
progressive legislation to protect women's rights
apply to minority groups and benefit migrant workers?
37.
She sought clarification regarding the reported practice
of not issuing work permits to migrants from Africa,
Asia and Latin America on the basis of an administrative
decision. What was the rationale behind such a decision?
Had the situation now changed, and if not, why not?
38.
According to paragraph 45 (b) of the report (CERD/C/363/Add.4),
Presidential Decrees 358 and 359/1997 established
full equality of rights in employment between Greek
citizens and foreign nationals legally residing in
Greece; however, NGOs reported many complaints from
legal immigrants of discrimination with respect to
employment. What steps was the Government taking to
monitor those sectors of the labour market where immigrants
were usually employed? She was particularly concerned
about domestic service, a sector not usually subject
to inspection, where even legally resident foreign
employees had difficulty in lodging complaints about
their working conditions for fear of verbal and physical
abuse by their employers, or worse still the withholding
of their identity documents, without which they could
be summarily deported when approaching the authorities.
Was there a viable complaints procedure available
to such immigrants, affording them the necessary protection
in the event of ill-treatment by employers or professional
misconduct by public officials? She requested information
on the impact of the 1996 disciplinary rules providing
for sanctions against police officers in the event
of official misconduct.
39.
She noted that some important provisions were missing
from the new immigration bill. Although they might
be covered by other legislation, the fact remained
that the bill would not provide for comprehensive
anti-discrimination legislation. According to paragraph
56, the bill would enable prosecuting authorities
to press charges ex officio in the case of racist
and discriminatory acts. The delegation had mentioned
that cross-references were made in the bill to Law
927/1979. Perhaps more explicit provisions should
be included in the new legislation.
40.
Mr. VALENCIA RODRIGUEZ welcomed the references in
the report to the Committee's concluding observations
on the previous periodic report. The ratification
of various international human rights instruments
showed the State party's commitment to promoting respect
for such rights. He hoped that the Government would
decide to make the declaration under article 14 of
the Convention shortly.
41.
The fact that the Convention was directly applicable
by the courts was an important guarantee. He recommended
that the instrument and the Committee's general recommendations
should be publicized in legal circles. Applauding
the establishment of various independent human rights
bodies, he asked whether the National Radio and Television
Council had dealt with any cases of racial or ethnic
discrimination. The Committee should be kept informed
of any action taken by the human rights bodies whose
work was relevant to the Convention. The 1998 Council
of State decision mentioned in paragraphs 10 and 11
of the report was indeed significant, since it provided
jurisprudence that was also applicable to the State
party's anti-discrimination policy.
42.
With respect to the Muslim minority of Thrace, it
seemed that Greece had taken the necessary steps,
given the existing legal-political framework, to honour
its international obligations and avoid racial and
ethnic discrimination against the community. Progress
made in the sphere of political representation was
welcome. It was to be hoped that the remaining problems
with regard to education would be satisfactorily resolved.
The possibility of increasing the number of schools
in the towns of Xanthi and Komotini might be considered
as a way of coping with the growing demand for school
admissions. Such solutions were viable on account
of the good relations that prevailed between Turkey
and Greece.
43.
He was also satisfied with progress made with respect
to freedom of religion. There was no doubt that it
was difficult to reconcile Islamic law with Greek
public order. Current efforts should be pursued with
the aim of ensuring that all inhabitants of Greece
abided by the same legislation, in order to avoid
possible legal controversy in future.
44.
Although the measures adopted with respect to the
Roma people had proved relatively successful, particularly
in the field of education, their situation was hardly
satisfactory and called for further policy decisions
and resources so as to improve it over time.
45.
Referring to paragraph 45 of the report, he stressed
the importance of the current procedures for the legalization
of migrant workers and expressed satisfaction at the
application of the principle of full equality of employment
rights. The ultimate aim of measures targeted at migrant
workers, refugees and asylum-seekers should be their
full integration into society. In that connection,
he sought up-to-date information on the progress of
the new immigration bill. Welcoming the action taken
in the light of the Committee's General Recommendation
XIII, he recommended that specific emphasis should
be laid on the broader dissemination of the Convention
in the training of border guards and immigration officers.
46.
According to the information provided in paragraph
55 of the report, Greece by and large complied with
its obligations under article 4 of the Convention.
He noted in particular that Law 927/1979 had never
been applied. In view of the repeated refusal of the
Greek courts to apply article 107 of the Introductory
Law to the Civil Code, described in paragraph 60 of
the report, it would perhaps be preferable to amend
the article in question. Also, were the results of
the decision to repeal article 19 of the 1955 Citizenship
Code satisfactory? For instance, had those persons
who had lost Greek citizenship in the past been able
to reacquire it?
47.
With respect to article 7 of the Convention, he suggested
that educational programmes should include information
on the Convention. In conclusion, he recommended that
the report and the Committee's concluding observations
thereon should be widely publicized, particularly
among the minority groups, which could provide valuable
input for further government action.
48.
Mr. ABOUL-NASR said that, although on the whole he
was satisfied with the State party's report, he had
one major concern - the confusion between the terms
"Muslim" and "Turkish". The identification
of the Muslims as "Turkish" was not a problem
confined to Greece and the Balkan region, where, for
historical reasons, it had particularly pejorative
connotations, but had also been common in the former
Soviet Union and Eastern Europe as a whole. A further
point required clarification: Islam was not a race
but a religion, whose followers could be of many different
races. He appealed to members of the delegation and
the Committee to bear those two factors in mind.
49.
The report referred to the Muslim minority in Thrace
as consisting of three main ethnic groups: people
of Turkish origin, Pomaks and Roma. It was certainly
news to him that the Roma people were Muslims! No
mention was made, however, of the members of another
ethnic group found in north-western Greece who were
also Muslim, namely the Albanians. Were they not considered
a minority? Moreover, it was far from true that there
were no problems between the Greeks and the Albanians.
Until very recently there had been a de facto state
of war between the Greek and Albanian communities.
Lastly, the report referred to some members of the
Muslim minority contesting the appointment of the
muftis by the Government. Why were they not allowed
to elect their own muftis?
50.
Mr. THORNBERRY, referring to the revised report, asked
on what basis the statistical data relating to the
Muslim minority in Greece had been compiled, it being
his understanding that in the recent census ethnic
and linguistic data had not been collected. He nonetheless
welcomed the careful choice of words in references
to the ethnic minorities, for instance "of Turkish
origin". In that connection he asked what impact
the recent Supreme Court decision that the use of
the term "Turkish" as a denomination of
a union or association was not illegal per se was
likely to have on the Government's approach to terminology.
With reference to the explanatory note to article
3 of the Council of Europe Framework Convention for
the Protection of National Minorities cited in the
report, what did the State party understand by "objective
criteria"? It was important for States parties
to define concepts clearly in order to comply fully
with the requirements of the international instrument
in question.
51.
He observed that, in response to ECRI's second report
on Greece (CRI (2000) 32), the Government had stated
that it held no ideological position on the nature
of Greek society. In the light of the numerous examples
of cultural diversity given in the report, he sought
clarification regarding its further statement that
they [the policies of the Greek Government] did not
imply adherence by the Government to the notion of
a multicultural character of Greek society. What psychological
barrier had yet to be broken down before the Government
would recognize the multicultural nature of Greek
society?
52.
In the light of the statement in the ECRI report that
the shortcomings of the Greek education system warranted
urgent attention and would have the greatest long-term
impact on the viability of the Muslim community, were
the educational measures outlined in the report considered
sufficient? A number of sources, including ECRI, had
reported a considerable degree of hostility towards
foreigners in Greece. In connection with article 7
of the Convention, what steps were being taken to
educate the general public? There was perhaps also
a need to place greater emphasis on tolerance in education
programmes for minority groups, aliens and repatriated
Greeks.
53.
Mr. DIACONU said that the dialogue under way testified
to a more open attitude than in the past and reflected
the Government's efforts to comply with its obligations
under the Convention and meet the Committee's concerns.
The report contained ample information and references
to case law and in general there was a more positive
approach to the question of minorities and awareness
of the dangers of discrimination, as borne out by
the number of new laws passed. Two examples of anti-discrimination
measures worthy of emulation in other European States
were the National Radio and Television Council Regulation
3/1991 and the Code of Journalistic Deontology. Other
positive aspects included the institution of the Office
of the Ombudsman and the establishment of a National
Commission on Human Rights. With regard to ethnic
minorities, he noted that the report referred to the
teaching of religion in Turkish and of the Koran in
Arabic in Greek-language secondary schools. Was there
no provision for teaching in the Slavic dialect used
by the Pomaks?
54.
He sought clarification of the disparity between the
official figure of 15,000 Roma in Greece and that
of approximately 200,000 furnished by the Hellenic
League of Human Rights. While it was encouraging that
the Government was implementing a number of programmes
in favour of the Roma, there had been reports of forced
evictions. He requested details of government plans
to ensure that the rights of that minority were protected.
It was also satisfying to learn that Pomaks and Turks
were elected to Parliament on the same ticket as Greeks.
Other European countries would do well to emulate
the positive measures taken to protect vulnerable
groups.
55.
Turning to education and noting that special classes
were available to Roma children, he asked whether
those classes were taught separately or with Turks
and Greeks, and whether the Roma language was the
language of instruction. He also wished to know how
many Albanians lived in Greece and what status they
enjoyed. He would like the delegation to provide more
information on the statement contained in the fifteenth
periodic report (para. 48) that Greek schools had
a high proportion of Albanian-speaking pupils, who
presumably lived in concentrated groups. Certain NGOs
had claimed that Albanians were often forcibly evicted.
It was commendable that education was compulsory for
all children for nine years, even if some could not
study their native language.
56.
Mr. PILLAI said that the functions of the Ombudsman's
Office, set out in the report, and the fact that it
had settled a significant percentage of the increasing
number of complaints filed by vulnerable groups showed
that the Ombudsman was really addressing racial discrimination
issues. Since that Office had extrajudicial authority
for settling disputes with the Administration, could
it, if it failed to find a solution, seek redress
in a court of law on behalf of the complainants? He
congratulated the Greek authorities on the establishment
of the most diverse and pluralistic National Commission
on Human Rights (NCHR) of any country that had appeared
before the Committee. He wished to know how the NCHR
exercised the various powers granted to it to monitor
compliance of the Greek legal order with international
human rights standards, referred to in the updating
report.
57.
Mr. TANG Chengyuan commended the State party on its
clear explanations of its past and prospective measures
for implementing the Convention. The growing number
of illegal immigrants among the 7 per cent of the
population consisting of migrant workers placed a
high social and financial burden on the Government,
which was called upon to solve the problem in accordance
with the pertinent international instruments. He was
perturbed by a Human Rights Watch report that one
prison in Athens exclusively housed illegal immigrants
from 34 countries, who were forced to live in abominable
conditions, were poorly fed and were victims of police
brutality. Commenting that there were minimum international
standards even for prisoners of war, he urged the
State party to take steps to ensure that reasonable
standards were maintained. However, he was pleased
to learn that the prison authorities were open to
requests for visits and endeavoured to solve any problems
brought to their attention.
58.
While noting that Parliament was currently studying
a new draft immigration bill, the Committee had been
informed that the situation of immigrants was far
worse than stated in the periodic report. That might
well impair Greece's image, and the Government would
be obliged to assume the responsibilities that flowed
from its neglect of that group. He urged the authorities
to undertake both the legislative work and the training
of law enforcement and other government officials
needed to ensure proper treatment of illegal immigrants.
59.
Mr. YUTZIS regretted the late submission of the updated
report, which precluded a meaningful dialogue. He
asked the delegation to explain the status of NGOs
in Greece and whether they were called upon to contribute
to the country's periodic reports to the treaty bodies.
Multiculturalism was a contentious issue, acceptance
of which was often seen as a threat to a country's
own culture; that was particularly true of a country
like Greece, which had traditions rooted in its own
racial and religious history but in a short space
of time had become a country of immigration. However,
the increasing flows worldwide of immigrants seeking
work or simply a better life were a present day reality;
the point was that they could lead to xenophobic or
racist acts, and it was for the State party to endeavour
to discover why those problems arose.
60.
He was puzzled as to why both the country's reports
referred to all settlements of Roma as temporary and
wished to know whether it was the Roma themselves
or the authorities who decided on their permanent
or temporary nature. Did the Roma, for instance, wish
to leave the settlement in the municipality of Aspropyrgos
referred to in the report (CERD/C/363/Add.4, para.
36 (b))? Various sources maintained that the removals
were forcible and had been done with particular callousness
in Aspropyrgos.
61.
He requested statistics on the programmes to promote
minority languages, as well as objective information
on the freedom of individuals from a minority group
to choose the society to which they wished to belong.
Greece, with its long religious tradition, had a special
form of worship embedded in Eastern thinking and spirituality.
Multiculturalism did not entail a difference in colour
or language alone, but also had religious connotations.
62.
Mr. SHAHI also stressed the need for reports to reach
the Committee in sufficient time to permit careful
study. Greece's report contained many positive features
and he hoped that the State party would address the
pending problematic issues. Sadly, Greece, a country
with a glorious tradition and the mother of many civilizations,
was prey to increasing xenophobia, with some 47 per
cent of its population subscribing to racist views,
a state of affairs which required the authorities
to be extremely vigilant.
63.
The information provided attested to the country's
political will to combat racial discrimination but,
there were alarming reports of police brutality, poor
detention conditions and ill-treatment of prospective
deportees - in which Greece was indeed not alone.
He looked with favour on the fact that some Roma wished
to identify with the Turkish minority, while others
preferred to identify with the Greek majority, choosing
the group where they would feel more accepted. He
was gratified to learn from one NGO that the Greek
majority was accommodating toward the Roma. While
the State party did fulfil its international obligations
regarding the treatment meted out to the population
of Western Thrace, other minorities should be treated
likewise. He shared Mr. Aboul-Nasr's dismay at the
habit - encouraged by the media - of identifying people
by their religion rather than their nationality.
64.
Ms. TELALIAN (Greece) said that the authorities had
used the language found in both the Lausanne Treaty
and the 1913 Treaty of Athens, which referred to the
"Muslim minority".
The meeting rose at 5.55 p.m. |