COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION URGES AUSTRALIA TO SUSPEND IMPLEMENTATION OF AMENDED ACT ON ABORIGINAL LAND RIGHTS

AFTERNOON

HR/CERD/99/29
18 March 1999



Committee Adopts Concluding Observations on Reports
of Costa Rica, Kuwait and the Democratic Republic of Congo


The Committee on the Elimination of Racial Discrimination this afternoon urged the Government of Australia to suspend the implementation of the 1998 amendments to the Native Title Act concerning indigenous land rights and to re-open discussions with representatives of Aboriginal and Torres Strait Islander peoples with a view to finding solutions acceptable to them and which would comply with Australia's obligations under the Convention.

In a decision adopted without a vote, the Committee recognized that within the broad range of discriminatory practices that had long been directed against Australia's Aboriginal and Torres Strait Islander peoples, the effects of the country’s racially discriminatory land practices had endured as an acute impairment of the rights of Australia's indigenous communities. The Committee considered the situation in Australia under its early warning measures and urgent action procedures.

Also this afternoon, the Committee adopted concluding observations on the reports of Costa Rica and Kuwait. The periodic reports were reviewed in the presence of Government representatives earlier in the session. The situation in the Democratic Republic of the Congo was examined under the Committee's review procedure in the absence of a report from the State party.

The Committee also started to consider its concluding observations on the report of the Syrian Arab Republic, which it is expected to adopt tomorrow morning.

Official, printed versions of the concluding observations on the reports will be issued on Friday, 19 March, the final day of the Committee's three-week session. As States parties to the International Convention on the Elimination of All Forms of Racial Discrimination, the countries are obliged to present periodic reports to the Committee on how they implement the provisions of the treaty. The States parties are also obliged to present additional information when requested to by the Committee.

When the Committee reconvenes at 10 a.m. on Friday, 19 March it will adopt the remaining concluding observations on country reports it considered in the past three weeks before closing its session at noon.

Decision on Australia

In a decision on the situation in Australia, the Committee recognized that within the broad range of discriminatory practices that had long been directed against Australia's Aboriginal and Torres Strait Islander peoples, the effects of Australia's racially discriminatory land practices had endured as an acute impairment of the rights of Australia's indigenous communities. It also recognized that the land rights of indigenous peoples were unique and encompassed a traditional and cultural identification of the indigenous peoples with their land that had been generally recognized.

The Committee expressed concern over the compatibility of the Native Title Act, as currently amended, with Australia's international obligations under the Convention. While the original Native Title Act recognized and sought to protect indigenous title, provisions that extinguished or impaired the exercise of indigenous title rights and interests pervaded the amended Act. The lack of effective participation by indigenous communities in the formulation of the amendments also raised concerns with respect to Australia's compliance with its obligations under article 5 of the Convention.

The Committee called upon the Government of Australia to address the concerns of the Committee as a matter of utmost urgency. It also urged Australia to suspend implementation of the 1998 amendments and to re-open discussions with the representatives of the Aboriginal and Torres Strait Islander peoples with a view to finding solutions acceptable to the indigenous peoples and which would comply with Australia's obligations under the Convention.

Concluding Observations on Country Reports

Costa Rica

In its concluding observations on the report of Costa Rica, the Committee expressed concern that the legislation of the country did not contain explicit norms forbidding discrimination on grounds of national or ethnic origin. It was also concerned about lack of specific and adequate legislative provisions prohibiting racial discrimination by private groups or associations in conformity with article 4 of the Convention. Further, the Committee noted with concern recent manifestations of xenophobia and racial discrimination, largely focused on immigrants, in particular Nicaraguans, and the vulnerable status of refugees and clandestine immigrants.

Among other things, the Committee recommended that Costa Rica take all appropriate legislative measures to ensure that articles 2,3 and 4 of the Convention were fully reflected in domestic law. In particular, the Committee emphasized the importance of adequately prohibiting and penalizing acts of racial segregation and discrimination, whether they were committed by individuals or associations.

It was also recommended that the Government intensify its measures aimed at preventing and prosecuting any act and manifestation of racial discrimination and xenophobia, including acts of violence against persons belonging to ethnic and national minorities. In addition, the Committee recommended that further efforts be made to facilitate equal access to courts and administrative bodies, in particular for the indigenous peoples, the black minority, refugees and immigrants, in order to ensure equality for all persons.

Kuwait

In the concluding observations adopted on the report of Kuwait, the Committee acknowledged that, as a result of the invasion of Kuwait by Iraq, the country was subjected to serious difficulties which still affected the capacity of Kuwait to fully implement all of the provisions of the Convention.

However, the Committee was still concerned about discriminatory measures in relation to vulnerable groups of foreigners, particularly the treatment of foreign domestic workers. It was also concerned by the fact that, in spite of efforts, the Government had not until now found a solution to the problems of bidoons, the majority of whom were still stateless people. Further concern was expressed on the lack of insufficient training for law enforcement officials.

Among its recommendations, the Committee urged the Government Kuwait to improve administrative and legal measures to guarantee the enjoyment by individuals belonging to vulnerable groups of foreigners, notably domestic workers, of the rights enshrined in the Convention without any discrimination. It also recommended that a lasting solution be found to the problems of bidoons and that the threat of deportation be stopped.

The Democratic Republic of the Congo

In its concluding observations on the situation in the Democratic Republic of the Congo, considered under the Committee's review procedure in the absence of a report since 1989, the Committee deplored the part played by mercenaries, the impunity enjoyed by those responsible for the many violations of human rights and the displacement of populations. It noted that members of the Pygmy groups continued to suffer from ethnic discrimination.

The Committee requested the Government to investigate the violations of human rights, in particular acts of racial discrimination, to bring offenders to trial, to offer compensation to victims families and to discontinue the employment of mercenaries. The Committee requested the Government of the Republic of the Congo to provide it with relevant information on the implementation of legislation prohibiting and sanctioning racial discrimination.