Author: Hambardsumian Paul

Armenian president, new Zambian envoy discuss ties
A1+ web site
22 Mar 05
The newly-appointed Zambian ambassador to Armenia, Peter Chintala,
(residency in Moscow) submitted his credentials to Armenian President
Robert Kocharyan today.
Kocharyan pointed out that it was important to exchange comprehensive
information between the two countries in order to specify possible
spheres of cooperation.
The ambassador said that his country was interested in establishing
relations with Armenia and the current opportunities will be studied
with this aim.
The sides expressed their opinion that they can implement joint
programmes, especially in the spheres of science, education and health.

PRESS RELEASE
Catholicosate of Cilicia
Communication and Information Department
Contact: V. Rev. Fr. Krikor Chiftjian, Communications Officer
Tel: (04) 410001, 410003
Fax: (04) 419724
E- mail: [email protected]
Web:
PO Box 70 317
Antelias-Lebanon
Armenian version:
HIS HOLINESS MEETS WITH THE U.S. AMBASSADOR TO LEBANON
The U.S. Ambassador in Lebanon Jeffrey D. Feltman held a meeting with
His Holiness Aram I. For over two hours the two mainly discussed the
current political situation of Lebanon.
His Holiness Aram I outlined his views concerning the prevailing
situation in Lebanon, based on a thorough analysis of local, regional
and international politics. He stressed the importance of bringing
Lebanon out of the dangers of polarization and solving Lebanon’s
current crisis through dialogue and the establishment of a national
unity government.
It was the second time in the past month that Ambassador Feltman met
with His Holiness.
##
The Armenian Catholicosate of Cilicia is one of the two Catholicosates
of the Armenian Orthodox Church. For detailed information about the
history and the mission of the Cilician Catholicosate, you may refer
to the web page of the Catholicosate, The
Cilician Catholicosate, the administrative center of the church is
located in Antelias, Lebanon.

Azerbaijan News Service
March 19 2005
AZERBAIJANI AND ARMENIAN PARLIAMENTARIANS FAIL TO REACH AGREEMENT AT
QORAN LENMARKER INITIATED MEETING
2005-03-19 19:32
Meeting between Azerbaijani and Armenian parliamentarians held in
Brussels on initiative of Qoran Lenmarker OSCE Parliamentary Assembly
special representative on Daqliq Qarabaq conflict gave no results.
Member of Azerbaijani delegation at OSCE PA Eldar Ibrahimov informed
ANS about the meeting. Both sides put forward own arguments.
Azerbaijani side wants restoration of territorial integrity while
Armenians claim economic ties. That’s why we failed top come to any
agreement. Heads of international organizations during the meeting at
European Parliament and European Commission told the conflicting
sides it is up to them to find solution to the problem. Foreign
organizations may just assist by adopting documents and making
reports. OSCE PA special representative on Daqliq Qarabaq conflict
Qoran Lenmarker is going to present his report on the conflict on
March. The report will be presented to both sides. We shall see
whether we are satisfied or not says Eldar Ibrahimov. Mr. Lenmarker’s
report will be heard at OSCE session to be held on June in
Washington.

ITAR-TASS News Agency
TASS
March 18, 2005
Russia plays great stabilising role in Caucasus – Azerbaijani FM
By Alexander Zyuzin
BEIJING, March 18
Russia plays a great stabilising role in the Caucasus, Azerbaijani
Foreign Minister Elmar Mamedyarov, who accompanies Azerbaijani
President Ilkham Aliyev on his trip to China, said in an interview
with Itar-Tass on Friday.
As far as the Armenian-Azerbaijani conflict is concerned, Azerbaijan
always urged Russian leaders to be more active for soonest settlement
of the conflict, the minister said.
Russia itself is a Caucasian state, and its role is obvious,
Mamedyarov said.
The more actively Moscow will continue its activities in the
Caucasus, the more stable the region will be, he said.
This concerns not only political, but also economic issues. All the
countries of the south Caucasus have close economic ties with Russia,
the minister noted.

Azerbaijan News Service
March 17 2005
OSCE FACT FINDING MISSION TO PRESENT REPORT TO PERMANENT COUNCIL
2005-03-17 09:54
OSCE fact finding mission monitored illegal settlement of Armenian
families in ocupied territories of Azerbaijan presented report to
Minsk group members in Vienna. Advisor of Azerbaijani embassy in
Vienna Parviz Shahbazov represented Azerbaijan at discussions held by
the permanent council of OSCE. Fact finding group monitored early
February the fact of illegal settlement of Armenians in Azerbaijan’s
7 occupied regions. Minsk group co-chairs mediating the conflict
settlement process and personal representative of OSCE chairman in
office Anzhey Kaspirshik was present at hearing of the report. Fact
finding groups monitoring proved illegal settlment of Armenains in
occupied territories of Azerbaijan.
From: Emil Lazarian | Ararat NewsPress

Agency WPS
DEFENSE and SECURITY (Russia)
March 16, 2005, Wednesday
MILITARY BASES WILL BE OUTLAWED
SOURCE: Nezavisimaya Gazeta, March 14, 2005, p. 3
by Yuri Simonjan
PARLIAMENT OF GEORGIA PASSED A RESOLUTION OUTLAWING RUSSIAN MILITARY
BASES
Nongovernmental organizations of Djavakhetia (a region of Georgia
with a mostly Armenian population) staged protest actions in
Akhalkalaki, the town where one of the two Russian military bases in
Georgia is quartered. They protested against the decision of the
national parliament that outlawed Russian military bases. Organizers
of the rally are convinced that the 62nd Russian Military Base in
Akhalkalaki is a factor in stabilization. Also importantly, it is a
major employer and as such plays a vital role in the regional
economy.
On March 10, the parliament of Georgia unanimously passed a
resolution on illegitimacy of the presence of Russian military bases
in Georgia. The document gives Moscow and Tbilisi before May 15,
2005, to reach a mutually acceptable accord on the withdrawal of the
bases. The authorities of Georgia will have to demand Russia to
remove its bases from the territory of Georgia by January 1, 2006,
otherwise. “The parliament of Georgia is convinced that presence of
military bases in Georgia is a destabilizing factor. Their withdrawal
will facilitate regional security and stability and recovery and
normalization of the Georgian-Russian relations,” to quote from the
document. This airy advance to Moscow done away with, the document
proceeds to list the reasons that explain why the presence of the
Russian military collides with national interests of Georgia. The
list takes three pages.
“The resolution the parliament passed is a bit stiff, but I retain
the hope that we will make a civilized accord that will take Russia’s
interests into account and protect sovereignty of Georgia at the same
time,” President Mikhail Kasianov said. “Both parties should benefit
from the accord.”
Groups of experts began consultations in Moscow again. When Foreign
Minister Sergei Lavrov visited Tbilisi not long ago, the agreement
was reached that the experts should draft suggestions on every moot
point by May 1, so that Vladimir Putin and Saakashvili will have
something to talk over in Moscow on May 9 (president of Georgia will
visit Russia to celebrate the 60th anniversary of victory in the
Great Patriotic War).
Negotiations are in a cul-de-sac
Four Russian military bases remained in Georgia when the Soviet Union
collapsed. Acting in accordance with the Istanbul OSCE summit
decision (1999), Moscow withdrew the 137th Base (Vaziani) and the
50th (Gudauta) from Georgia in 2001.
According to the Foreign Ministry, personnel of the two remaining
bases (the 62nd in Akhalkalaki and the 12th in Batumi) barely exceed
1,000 servicemen (servicemen numbered over 2,000 before 2003). On the
other hand, official figures differ from unofficial estimates. A
source in the Defense Ministry claims that the 12th Base alone
includes almost 150 Russian officers and over 2,000 contract
servicemen (most of them locals viewing a contract with the Russian
Defense Ministry as a source of income). The 145th Motorized Infantry
Division is the nucleus of the 12th Base which lacks heavy armament.
Negotiations over these two bases have been under way since 2002. At
first, Moscow claimed that it needed 11 years to withdraw the bases
and Tbilisi insisted on only 3 years. The Russians claimed by the way
that the withdrawal and re-settlement of the bases in Russia would
cost almost $500 million.
The Russian General Staff said that it was prepared to discuss
withdrawal in 7 to 9 years, a year later. These days, Colonel General
Anatoly Mazurkevich, Commander of the Main Directorate of
International Military Cooperation of the Defense Ministry, says that
the Defense Ministry is prepared to withdraw its bases from Georgia
“inside of 3-4 years”. Georgia immediately adapted to the new
situation and said that 2 years would suffice.
The latest round of the negotiations ended with nothing to show for
it in February 2005.
Translated by A. Ignatkin

TALKING ART OF YEREVAN
Azg/arm
16 March 05
“I think all the monuments of Yerevan need to be
renovated. Specialistsâ=80=99 groups should be created for that. They
will study the monuments and definethe ways of their renovation. We
shouldn’t waste time, otherwise, one beautiful day the monument to
Martiros Sarian created by Tokmajian will be colored, while the horse
of Kochar’s Vartan Mamikonian will become a zebra,” Mekhak Izmirian,
head of the Yerevan History Museum, said. He has been studying the
monuments of Yerevan and accumulate information about a thousand of
“blossomed” stones.
“Almost all the monuments in our city are covered with dust of the
years, paint, droppings of the birds, cracks that appeared after the
snow, the rain, the sun and the wind. The vandals have spoiled many of
the monuments covering them with nasty inscriptions. Especially when
the spring comes, the children or even the youth are sitting on the
big monuments,” Mekhak Izmirian said and added that such phenomenon is
caused by the lack of culture and awareness. “Maybe many of them
wouldn’t destroy the monuments if they knew to whom orto which event
the monument is dedicated to. I think the best way out is to make name
boards and place it beside the monuments. This will not coast much,”
Izmirian said.
He told that sometimes the pupils or even the teachers do not know
whose monument is set up in the yard of the school. Meanwhile, there
are rather interesting monuments in the yards of the schools.
Izmirian told also about the forgotten monuments, columns and
monuments-springs. The latter can be set in each yard, we can fail to
notice them due to our indifference. It is interesting but such
fountains are registered anywhere. The Yerevan History Museum is
going to publish books on the monuments of Yerevan to secure the
awareness of the people about their own city.
Izmirian also brought the example of the arts of father and son
Bejanians. If the father Hovhannes Bejanian created the monument of
the water selling boy and each resident of Yerevan is proud of that,
Bejanian junior created the monument to Arno Babajanian. The monuments
are so different.
By Susana Margarian

AzerTag, Azerbaijan
March 14 2005
POLISH TV HAS SHOWN DOCUMENTARY ABOUT AZERBAIJAN
[March 14, 2005, 22:15:51]
As stated from the embassy of Azerbaijan in Warsaw, on threshold of
the official visit of President Ilham Aliyev to Poland, the popular
channel of this country “TVN-24” on March 13 has shown a documentary
titled `Azerbaijan – on the way to the European Union’. The film crew
has visited Baku in February current year. The film begins with
extensive interview of the President of Azerbaijan Ilham Aliyev. The
Head of Azerbaijan State in detail speaks about the successes reached
by the Country within independence, harmonious development of
economy, the successes achieved from the point of view of integration
into the Euro-Atlantic structures, about oil strategy of Azerbaijan
which basis has been founded by national leader Heydar Aliyev.
The documentary also includes interview of the president of State Oil
Company Natig Aliyev, minister of culture of Polad Bulbuloglu, the
ambassador of Poland in Azerbaijan Martin Navrot, and also political
analysts, ordinary citizens.
Director of film A. Rogala gives the Polish spectators also
information on problems which Azerbaijan has faced – first of all
about aggression of Armenia, the Nagorno-Karabakh conflict which till
today has not found solution, heavy plight of the Azerbaijani
refugees and IDPs, unemployment and other social difficulties.
Film is remembered by the rigid realism and objectivity. Within the
next few days, “TVN-24” will cast another documentary `Polish traces
in Azerbaijan’, narrating on the Polish-Azerbaijan relations.

ARKA News Agency
March 9, 2005
Honorary Doctor of Slavinic University conferred on RF Ambassador to
Armenia
RA Minister of Foreign Affairs: Karabakh conflict should be settled
in the framework of OSCE Minsk Group
Memorandum on mutual understanding signed by Armenian, Latvian
parliaments
*********************************************************************
HONORARY DOCTOR OF SLAVINIC UNIVERSITY CONFERRED ON RF AMBASSADOR TO
ARMENIA
YEREVAN, March 9. /ARKA/. RF Ambassador Extraordinary and
Plenipotentiary to Armenia Anatoly Dyukov has been awarded RAU Order
of Honor and the title of Honorary Doctor of the Armenian-Russian
Slavonic University for his contribution to Russian-Armenian
cooperation. RAU Rector Armen Darbinyan emphasized the Ambassador~Rs
decisive role in the foundation and further development of RAU. He
also stressed the trend toward educational integration and the
importance of exchanging experience between the two countries~R
educational system.
Anatoly Dryukov has been RF Ambassador Extraordinary and
Plenipotentiary to Armenian since 1998. The Ambassador~Rs mission in
Armenia is nearing completion, and in April-May 2005 he is expected
to be replaced by the career diplomat Nikolay Pavlov. Dryukov has
worked in the Foreign Ministry system since 1960. He has held
different diplomatic posts at the central office of the Ministry of
Foreign Affairs and abroad. In 1987-1990, he was USSR Ambassador to
Singapore, in 1991-1996 USSR and RF Ambassador to India.
The RAU was founded under the Russian-Armenian Intergovernmental
Agreement on the foundation and activities of a Russian-Armenian
University in Yerevan. The Agreement was signed on August 29, 1997 in
Moscow. On November 28, 1997, the RA Government made a resolution on
the foundation of a Russian-Armenian University in Armenia.
The RAU is a higher professional school under joint jurisdiction of
the RF and RA and has the status of state-run higher schools in both
countries. The RAU was licensed on June 27, 2000 by the RF Ministry
of Education and implements higher and post-graduate educational
programs. P.T. ~V0–
*********************************************************************
RA MINISTER OF FOREIGN AFFAIRS: KARABAKH CONFLICT SHOULD BE SETTLED
IN THE FRAMEWORK OF OSCE MINSK GROUP
YEREVAN, March 9. /ARKA/. Karabakh conflict should be settled in the
framework of one structure, that is OSCE Minsk Group, as stated RA
Minister of Foreign Affairs Vartan Oskanian. According to him, all
international structures are anxious about the Karabakh conflict
settlement, especially those where Armenia and Azerbaijan are
involved, that is EU, Council of Europe, however settlement of the
issue may be achieved only in the format of OSCE Minsk Group. ~SAll
other international structures should concentrate on the process in
this format, being ready to contribute to peace process or improving
post-conflict satiations~T, he said. At that he noted that he
positively evaluated the striving of various European instances to
participate in settlement of the conflict, however, ~Ssees no
competition with OSCE Minsk Group~T. A.H. –0–
*********************************************************************
MEMORANDUM ON MUTUAL UNDERSTANDING SIGNED BY ARMENIAN, LATVIAN
PARLIAMENTS
YEREVAN, March 9. /ARKA/. A memorandum on mutual understanding on
issues related to integration in the EU was sign Wednesday between
Armenian and Latvian parliaments. The memorandum was signed by
Armenian Parliament Vice-Speaker Tigran Torosyan and the Head of
Latvian Parliament~Rs Commission for European Affairs Oskars Kastens,
as a source of Armenian National Assembly Department for Public
Relations says.
Cordial relations established between Armenian and Latvia, progress
in political dialog between the two countries, the EU decision to
include Armenia in Widen Europe. New Neighbors program are welcomed
in the memorandum as well as Armenia~Rs aspiration to join European
fold and its success in that direction. Latvian Parliament
willingness to share its experience obtained on its way to the EU
membership with Armenian colleagues was also welcomed in the
document. It was stressed in the memorandum that the parliaments play
major part in the process of their countries integration in the EU.
The countries arranged to support Armenian National Assembly in
fulfilling the agreement on partnership between Armenia and European
Commonwealth and its member countries. M.V.–0–
*********************************************************************
From: Emil Lazarian | Ararat NewsPress

I-Newswire.com (press release)
March 11 2005
COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES
SIXTY-SIXTH SESSION
The Committee on the Elimination of Racial Discrimination today
concluded its sixty-sixth session and issued its concluding
observations on reports presented by the Lao People~Rs Democratic
Republic, France, Luxembourg, Australia, Ireland, Bahrain and
Azerbaijan on how those countries implement the provisions of the
International Convention on the Elimination of All Forms of Racial
Discrimination.
i-Newswire, 2005-03-12 – The Committee on the Elimination of Racial
Discrimination today concluded its sixty-sixth session and issued its
concluding observations on reports presented by the Lao People~Rs
Democratic Republic, France, Luxembourg, Australia, Ireland, Bahrain
and Azerbaijan on how those countries implement the provisions of the
International Convention on the Elimination of All Forms of Racial
Discrimination.
On the reports of the Lao People~Rs Democratic Republic, the Committee
commended the efforts of the State party to reduce poverty,
particularly in rural areas and among ethnic groups. It noted with
concern that no clear definition of racial discrimination existed in
domestic legislation and that the Convention was not incorporated
into domestic legislation. It recommended that the State party
describe in its next periodic report the scope of a policy of
resettling members of ethic groups from the mountains and highland
plateaux to the plains, the ethnic groups concerned, and the impact
of these policies on their lifestyles.
Concerning the reports of France, the Committee took note with
satisfaction of the many legislative measures designed to reinforce
efforts to combat racial discrimination. It expressed its concern
about the de facto inequality affecting immigrants and population
groups of immigrant origin vis-à-vis other nationals, in the field of
employment and education, despite the State party~Rs substantial
efforts in this area. It recommended that the State party take the
necessary preventive measures to halt racist incidents involving
members of the security forces.
With regards to the reports of Luxembourg, the Committee noted with
satisfaction school curricula promoting interculturalism, the setting
up of some classes in the mother tongue of immigrant children and the
introduction of intercultural mediators in schools. While noting the
State party~Rs efforts to tighten up its laws and strengthen its
institutions combating racial discrimination, the Committee said that
racist and xenophobic incidents, in particular against Arabs and
Muslims, and discriminatory attitudes towards ethnic groups were
still encountered in the country. It encouraged the State party to
include within training a specific focus on the problems of racism
and discrimination.
On the reports of Australia, the Committee noted with satisfaction
that serious acts of racial hatred or incitement to racial hatred
were criminal offences in most AustralianStates and Territories. The
Committee expressed its concern about the abolition of the Aboriginal
and Torres Strait Islander Commission, the main policy-making body in
Aboriginal affairs. It recommended that the State party increase its
efforts to eliminate prejudice against Arab and Muslim Australians,
and to ensure that enforcement of counter-terrorism legislation did
not disproportionately impact on specific ethnic groups and people of
other national origins.
With regards to the reports of Ireland, the Committee welcomed the
enactment of a comprehensive legislative framework on
anti-discrimination and welcomed the decision by the State party to
include a question of ethnicity in the next consensus in 2006. It
regretted that the State party had not yet incorporated the
Convention into domestic legal order, particularly in light of the
fact that the State party had incorporated other international
instruments into domestic law. It encouraged the State party to
review its security procedures and practices at entry points with a
view to ensuring that they were carried out in a non-discriminatory
manner.
Concerning the reports of Bahrain, the Committee welcomed the
meaningful political, legal and economic reforms on which the State
party had embarked. The Committee regretted that there was no
national human rights institution in Bahrain and was concerned over
the lack of integrationist multi-racial organizations and movements
in the State party. It encouraged the State party to maintain a
dialogue with all civil society organizations, including those
critical of its policies.
And with regards to the reports of Azerbaijan, the Committee noted
with satisfaction the enactment of new legislation containing
anti-discrimination provisions. It was concerned that, according to
reports, incidents of racial discrimination against Armenians occur
and that a majority of the Armenians residing in Azerbaijan prefer to
conceal their ethnic identity in order to avoid being discriminated
against. Among other things, the Committee recommended that the
State party adopt measures to promote intercultural understanding and
education between ethnic groups.
The Committee also issued decisions on the situations in the Sudan (
concerning Darfur ), New Zealand and Suriname.
On the Sudan, the Committee said that taking into consideration its
regular practices, as well as its obligation to inform, under its
early-warning and urgent-action procedure, of any warning signals
that a situation may deteriorate still further, it recommended to the
Secretary-General, and through him, the Security Council, the
deployment, without further delay, of a sufficiently enlarged African
Union force in Darfur with a Security Council mandate to protect the
civilian population against war crimes, crimes against humanity, and
the risk of genocide.
Concerning New Zealand, the Committee expressed its appreciation at
having had the opportunity to engage in a constructive dialogue with
the State party. Bearing in mind the complexity of the issues
involved, the New Zealand Foreshore and Seabed Act 2004 appeared to
the Committee, on balance, to contain discriminatory aspects against
the Maori, in particular in its extinguishment of the possibility of
establishing Maori customary title over the foreshore and seabed and
its failure to provide a guaranteed right of redress, notwithstanding
the State party~Rs obligations under articles 5 and 6 of the
Convention.
And with regards to Suriname, which was reviewed under the follow-up
procedure, the Committee noted that under the draft Mining Act in the
State party, indigenous and tribal peoples would be required to
accept mining activities on their lands following agreement on
compensation with the concession holders, and that, if agreement
could not be reached, the matter would be settled by the executive,
and not the judiciary. It recommended that indigenous and tribal
peoples should be granted the right of appeal to the courts, or any
independent body specially created for that purpose, in order to
uphold their traditional rights and their right to be consulted
before concessions are granted and to be fairly compensated for any
damage.
The Committee also adopted a declaration on the prevention of
genocide which was prepared by Committee Expert Agha Shahi following
a thematic discussion on the subject during the session. Among other
things, the declaration expressed the Committee~Rs resolve to
strengthen and refine its anti-racial discrimination early warning
and urgent action, as well as follow-up procedures in all situations
with indications of possible violent conflict and genocide.
The Committee agreed to continue its general debate on
multiculturalism at its next session to analyse the ways in which it
had been addressing this issue when adopting its decisions and
recommendations and to improve its work in this regard.
The Committee~Rs sixty-seventh session will be held at the Palais des
Nations in Geneva from 1 to 19 August 2005, when the Experts will
review the reports of Nigeria, Barbados, Georgia, Venezuela, Zambia,
Turkmenistan, Iceland, Tanzania and Lithuania. Under its review
procedures, the Committee will review the situation in Bosnia and
Herzegovina, the Seychelles, Saint Lucia, Malawi and Mozambique.
Concluding Observations on Country Reports Considered this Session
Lao People~Rs Democratic Republic
After considering the sixth to fifteenth periodic reports of the Lao
People~Rs Democratic Republic, the Committee commended the efforts of
the State party to reduce poverty, particularly in rural areas and
among ethnic groups. The Committee noted with satisfaction that the
State party had adopted penal measures in 2004 to combat trafficking
in persons and was pleased to learn that the Convention had been
translated into Lao. The Committee also welcomed the programme of
cooperation undertaken by the State party and the United Nations
Development Programme relating to the ratification and implementation
of international human rights instruments.
The Committee noted with concern that no clear definition of racial
discrimination existed in domestic legislation and that the
Convention was not incorporated into domestic legislation. It also
regretted that there was no national human rights institution in the
country. The Committee noted the absence of legislative provisions
criminalizing acts of violence and incitement to violence on racial
grounds and recommended that the State party conduct studies with a
view to assessing and evaluating in concrete terms the extent to
which racial discrimination existed in the country and to ascertain
its principal causes. While noting that the State party had adopted
a policy of resettling members of ethic groups from the mountains and
highland plateaux to the plains, the Committee recommended that the
State party describe in its next periodic report the scope of the
resettlement policies being implemented, the ethnic groups concerned,
and the impact of these policies on the lifestyles of these groups
and on the enjoyment of their economic, social and cultural rights.
The Committee also remained concerned by persistent allegations of
conflict between the Government and certain members of the Hmong
minority who took refuge in forest and mountainous areas of the Lao
People~Rs Democratic Republic after 1975 and strongly encouraged the
State party to authorize United Nations agencies to provide emergency
humanitarian assistance to this group. The Committee was also
concerned about reports of violence that had been perpetrated against
members of this group, in particular allegations that soldiers had
brutalized and killed a group of five Hmong children in May 2004.
France
Following its review of the fifteenth and sixteenth periodic reports
of France, the Committee took note with satisfaction of the many
legislative measures designed to reinforce efforts to combat racial
discrimination, and in particular the Act of 16 November 2001
concerning measures to combat discrimination; the Social
Modernization Act of 17 January 2002; the Act of 9 March 2004 on the
adaptation of the system of justice to developments in the area of
crime; and the Act of 30 December 2004 setting up a High Authority
against Discrimination and for Equality. The Committee also welcomed
the provision in the Act of 10 December 2003 widening the scope of
refugee protection to include those persecuted by non-State actors
and the fact that, since the adoption of its ruling of 1 June 2002,
the Criminal Division of the Court of Cassation had allowed the
practice of discrimination testing as a form of evidence in the area
of racial discrimination, and encouraged the State party to promote
more frequent recourse to it.
The Committee expressed its concern about the de facto inequality
affecting immigrants and population groups of immigrant origin
vis-à-vis other nationals, in the field of employment and education,
despite the State party~Rs substantial efforts in this area. Despite
the State party~Rs efforts, the Committee remained concerned about the
situation of non-citizens and asylum-seekers in holding centres and
areas, as well as delays in processing applications from refugees for
family reunification. Among other things, the Committee recommended
to the State party that it should strengthen the supervision of
police personnel responsible for the reception and day-to-day
monitoring of holding centres for non-citizens and asylum-seekers.
The Committee shared the concerns expressed by the delegation
relating to the increase in racist, anti-Semitic and xenophobic acts
and encouraged the State party to apply more effectively the existing
provisions designed to combat such acts.
The Committee also recommended that the State party take the
necessary preventive measures to halt racist incidents involving
members of the security forces. It encouraged the State party to
criminalize attempts to deny war crimes and crimes against humanity
as defined in the statute of the International Criminal Court, and
not only those committed during the Second World War. Moreover, the
Committee recommended that the State party should take all
appropriate steps to ensure that local population groups in overseas
departments who did not have full command of French benefited from
the services of translator/interpreters, especially in their contacts
with the system of justice.
Luxembourg
After reviewing the tenth to thirteenth periodic reports of
Luxembourg, the Committee noted with appreciation the information
provided by the delegation on the implementation of a national plan
of action on the follow-up to the World Conference against Racism,
Racial Discrimination, Xenophobia and Related Intolerance. The
Committee welcomed the entry into force of the Act of 8 June 2004 on
freedom of expression in the media, which called for a code of ethics
to govern the pursuit of journalistic activity. The Committee also
noted with satisfaction school curricula promoting interculturalism,
the setting up of some classes in the mother tongue of immigrant
children and the introduction of intercultural mediators in schools.
While noting the State party~Rs efforts to tighten up its laws and
strengthen its institutions combating racial discrimination, the
Committee said that racist and xenophobic incidents, in particular
against Arabs and Muslims, and discriminatory attitudes towards
ethnic groups were still encountered in the country. The Committee
encouraged the State party to combat racist and xenophobic propaganda
found on Internet sites and suggested that the State party ratify the
Council of Europe Convention on Cybercrime and its Additional
Protocol concerning the criminalization of acts of a racist and
xenophobic nature committed through computer systems. While
recognizing the steps taken by the State party to combat racial
discrimination, the Committee noted with concern that certain
vulnerable groups, such as non-nationals, refugees and
asylum-seekers, were not afforded sufficient protection.
The Committee expressed its concern that a number of non-nationals
were illegally employed in Luxembourg, and might, thus, be exposed to
abuse by their employers. The Committee encouraged the State party
to take concrete steps to prevent and provide redress for the serious
problems faced by non-citizen workers in this regard, ensuring that
employers that employed illegal workers were sanctioned. The
Committee also encouraged the State party to include within training
a specific focus on the problems of racism and discrimination, and to
ensure that all officials who come into contact with minority groups
receive training of this type.
Australia
After considering the thirteenth and fourteenth periodic reports of
Australia, the Committee noted with satisfaction that serious acts of
racial hatred or incitement to racial hatred were criminal offences
in most AustralianStates and Territories. The Committee noted with
satisfaction that significant progress had been achieved in the
enjoyment of economic, social and cultural rights by the indigenous
peoples. It welcomed the commitment of all Australian governments to
work together on this issue through the Council of Australian
Governments, as well as the adoption of a national strategy on
indigenous family violence. The Committee also noted with great
interest the diversionary and preventative programmes aimed at
reducing the number of indigenous juveniles entering the criminal
justice system, as well as the development of culturally sensitive
procedures and practices among the police and the judiciary.
The Committee expressed its concern about the abolition of the
Aboriginal and Torres Strait Islander Commission, the main
policy-making body in Aboriginal affairs which consisted of elected
indigenous representatives. The Committee also noted with concern
reports that prejudice against Arabs and Muslims in Australia had
increased and that the enforcement of counter-terrorism legislation
may have an indirect discriminatory effect against Arab and Muslim
Australians. It recommended that the State party increase its
efforts to eliminate such prejudice, and ensure that enforcement of
counter-terrorism legislation does not disproportionately impact on
specific ethnic groups and people of other national origins. The
Committee noted with concern the persistence of diverging perceptions
between governmental authorities and indigenous peoples and others on
the compatibility of the 1998 amendments to the Native Title Act with
the Convention and further recommended that the State party reopen
discussions with indigenous peoples with a view to discussing
possible amendments to the Native Title Act and finding solutions
acceptable to all.
The Committee remained concerned about the striking
over-representation of indigenous people in prisons, as well as the
percentage of indigenous deaths in custody. The Committee expressed
concern about the mandatory detention of illegal migrants, including
asylum-seekers, in particular when such detention affected women,
children, unaccompanied minors, and those who were considered to be
stateless. It also expressed its concern that many persons had been
in such administrative detention for over three years. The Committee
recommended that the State party review the mandatory, automatic and
indeterminate character of the detention of illegal migrants.
Ireland
After considering the initial and second periodic reports of Ireland,
the Committee commended the State party for the recent adoption of
the first National Action Plan against Racism, and the extensive
consultations with civil society organizations during the drafting of
this plan and noted with appreciation the establishment of several
independent institutions with competence in the field of human rights
and racial discrimination, namely the Irish Human Rights Commission,
the Equality Authority and the National Consultative Committee on
Racism and Interculturalism. The Committee welcomed the enactment of
a comprehensive legislative framework on anti-discrimination and
welcomed the decision by the State party to include a question of
ethnicity in the next consensus in 2006. It encouraged the State
party to include in its next periodic report detailed information on
the population, including non-citizens.
The Committee regretted that the State party had not yet incorporated
the Convention into domestic legal order, particularly in light of
the fact that the State party had incorporated other international
instruments into domestic law. The Committee encouraged the State
party to continue to combat prejudice and xenophobic stereotyping,
especially in the media, and to fight prejudice and discriminatory
attitudes. In this context, the Committee recommended that the State
party introduce in its criminal law a provision that committing an
offence with a racist motivation or aim constituted aggravating
circumstance allowing for a more severe punishment. The Committee
was concerned about reported instances of exploitation of foreign
workers by some employers and of violations of labour regulations
prohibiting discrimination and encouraged the State party to ensure
full practical implementation of legislation prohibiting
discrimination in employment and in the labour market. The Committee
also regretted the absence of special detention facilities for asylum
seekers whose request for asylum had been rejected and for
undocumented migrants awaiting deportation and noted the reported
occurrence of instances of discriminatory treatment against foreign
nationals entering Ireland during security checks at airports. It
encouraged the State party to review its security procedures and
practices at entry points with a view to ensuring that they were
carried out in a non-discriminatory manner.
The Committee also expressed concern about allegations of
discriminatory behaviour by the police towards members of minority
groups and regretted that data on complaints of racial discrimination
against the police had not been provided in the report. While noting
the efforts made so far by the State party with regard to the
situation of members of the Traveller community in the field of
health, housing, employment and education, the Committee remained
concerned about the effectiveness of policies and measures in these
areas. In this context, it recommended that the State party
intensify its efforts to fully implement the recommendations of the
Task Force on the Traveller community, and that all necessary
measures be urgently taken to improve access by Travellers to all
levels of education, their employment rates, as well as their access
to health services and to accommodation suitable to their lifestyle.
Bahrain
Following its consideration of the sixth and seventh periodic reports
of Bahrain, the Committee welcomed the meaningful political, legal
and economic reforms on which the State party had embarked, and noted
in particular the adoption of the National Action Charter in 2001,
the promulgation of the amended Constitution and the creation of the
Constitutional Court in 2002, as well as the establishment of a new
bi-cameral parliament with an elected chamber of deputies. The
Committee appreciated the establishment of Trade Unions in 2002 for
the first time in Bahrain, as well as of cultural associations
composed of foreigners. The Committee also welcomed the organization
of several training programmes addressed to the judiciary and law
enforcement officials on the promotion and protection of human rights
in the field of racial discrimination.
The Committee regretted that the State party had not provided
specific data on the ethnic composition of the population, and
recalled that such information was necessary to assess the practical
implementation of the Convention. The Committee took note of the
abolition of the Human Rights Committee which was designed to provide
advice to the head of State and to the executive authorities on a
wide range of human rights issues, including those matters relating
specifically to the Convention. Furthermore, the Committee regretted
that there was no national human rights institution in Bahrain. The
Committee was also concerned over the lack of integrationist
multiracial organizations and movements in the State party and in
particular over the banning of the Bahrain Centre for Human Rights.
It encouraged the State party to maintain a dialogue with all civil
society organizations, including those critical of its policies.
The Committee noted with concern the reported disparate treatment and
discrimination faced by members of some groups, including in
particular the Shi~Ra that may be distinguishable by virtue of their
tribal or national origin, descent, culture and language. The
Committee was especially concerned about apparent disparate
opportunities that were afforded to such groups. The Committee also
regretted that no statistics were provided on cases where the
relevant provisions of domestic legislation concerning racial
discrimination were applied and recommended that the State party
consider whether the lack of formal complaints may be the result of
the victims~R lack of awareness of their rights, lack of confidence in
the police and judicial authorities, or the authorities~R lack of
attention, sensitivity, or commitment to cases of racial
discrimination.
Azerbaijan
After reviewing the third and fourth periodic reports of Azerbaijan,
the Committee noted with satisfaction the enactment of new
legislation containing anti-discrimination provisions, including the
Criminal Code and the Code of Criminal Procedure and welcomed the
establishment of the Office of the Human Rights Commissioner of the
Republic of Azerbaijan, pursuant to the Constitutional Act on the
Ombudsman, adopted in December 2001. The Committee also welcomed the
State party~Rs ratification of the Framework Convention for the
Protection of National Minorities in 2000, the European Convention
for the Protection of Human Rights and Fundamental Freedoms in 2002
and the European Social Charter in 2004.
The Committee was concerned that, according to reports, incidents of
racial discrimination against Armenians occur and that a majority of
the Armenians residing in Azerbaijan prefer to conceal their ethnic
identity in order to avoid being discriminated against. While
welcoming the information provided by the delegation on
counter-trafficking measures taken by the State party, the Committee
expressed its concern that human trafficking, including of foreign
women, men and children remained a serious problem in the State
party, which was a country of origin and a transit point. The
Committee expressed its concern that asylum-seekers, refugees,
stateless persons, displaced persons and long-term residents residing
in Azerbaijan experienced discrimination in the areas of employment,
education, housing and health. The Committee requested the State
party to ensure that its asylum procedures did not discriminate in
purpose or effect between asylum seekers on the basis of race, colour
or ethnic or national origin.
Among other things, the Committee recommended that the State party
adopt measures to promote intercultural understanding and education
between ethnic groups. The Committee also encouraged the State party
to expand and strengthen existing efforts regarding human rights
education and requested the State party to pay particular attention
to the specific training of law enforcement officials in this regard.
It also noted 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 encouraged the State party to
consult with civil society working in the area of combating racial
discrimination in the elaboration of its next periodic report.
Decisions
Decision on Situation in Darfur
The Committee, taking into consideration its regular practices, as
well as its obligation to inform, under its early-warning and
urgent-action procedure, of any warning signals that a situation may
deteriorate still further, referring to its decision adopted at its
last session on Darfur, and recalling its declaration on the
Prevention on Genocide of 11 March 2005, recommended to the
Secretary-General, and through him, the Security Council, the
deployment, without further delay, of a sufficiently enlarged African
Union force in Darfur with a Security Council mandate to protect the
civilian population, including those in camps, displaced persons and
refugees returning to their homes in Darfur, against war crimes,
crimes against humanity, and the risk of genocide.
Decision on Situation in New Zealand
In a decision on New Zealand, the Committee noted its review of the
compatibility of the New Zealand Foreshore and Seabed Act 2004 with
the provisions of the International Convention on the Elimination of
All Forms of Racial Discrimination in the light of information
received both from the Government of New Zealand and a number of
Maori non-governmental organizations and taking into account its
General Recommendation No. XXIII on indigenous peoples. The
Committee expressed its appreciation at having had the opportunity to
engage in a constructive dialogue with the State party and the State
party~Rs written and oral responses to its requests for information
related to the legislation, including those submitted on 17 February
and 9 March 2005. Bearing in mind the complexity of the issues
involved, the legislation appeared to the Committee, on balance, to
contain discriminatory aspects against the Maori, in particular in
its extinguishment of the possibility of establishing Maori customary
title over the foreshore and seabed and its failure to provide a
guaranteed right of redress, notwithstanding the State party~Rs
obligations under articles 5 and 6 of the Convention.
The Committee acknowledged with appreciation the State party~Rs
tradition of negotiation with the Maori on all matters concerning
them and urged the State party, in a spirit of goodwill and in
accordance with the ideals of the Waitangi Treaty, to resume a
dialogue with the Maori community with regard to the legislation in
order to seek ways of lessening its discriminatory effects, including
where necessary through legislative amendment. Moreover, the
Committee requested the State party to monitor closely the
implementation of the Foreshore and Seabed Act, its impact on the
Maori population and the developing State of race relations in New
Zealand and to take steps to minimize any negative effects,
especially by way of a flexible application of the legislation and by
broadening the scope of redress available to the Maori.
Suriname
After having reviewed the country situation in Suriname in private
session under its follow-up procedure, the Committee noted that,
under the draft Mining Act in the State party, indigenous and tribal
peoples would be required to accept mining activities on their lands
following agreement on compensation with the concession holders, and
that, if agreement could not be reached, the matter would be settled
by the executive, and not the judiciary. The Committee expressed its
concern that indigenous and tribal peoples could not as such seek
recognition of their traditional rights before the courts because
they were not recognized legally as juridical persons. It
recommended that indigenous and tribal peoples should be granted the
right of appeal to the courts, or any independent body specially
created for that purpose, in order to uphold their traditional rights
and their right to be consulted before concessions are granted and to
be fairly compensated for any damage. Moreover, the Committee
recommended to the State party that it ensure the compliance of the
revised draft Mining Act with the International Convention, as well
as with the Committee~Rs recommendations issued in March 2004.
Declaration on Prevention of Genocide
On the closing day of the session, the Committee adopted a
declaration on the prevention of genocide which was prepared by
Committee Expert Agha Shahi following a thematic discussion on the
subject during the session. The main elements of the declaration are
as follows:
The Committee welcomed the appointment of a Special Adviser to the
Secretary-General on the Prevention of Genocide with the mandate to
sound early warning and make appropriate recommendations for
prevention to the Security Council through the Secretary-General to
enable the international community to take timely action to prevent
genocide from occurring, and declared its determination to provide
the Special Adviser with relevant information on laws, policies and
practices that may indicate systematic discrimination. Moreover, as
suggested by the Special Adviser, the Committee intended to develop a
set of indicators related to genocide, including the cultural and
historic roots of genocide.
The Committee expressed its resolve to strengthen and refine its
anti-racial discrimination early warning and urgent action, as well
as follow-up procedures in all situations where indications of
possible violent conflict and genocide prevail and in such cases it
would consider in-country visits to obtain first-hand information.
The Committee considered it of vital importance that stronger
interaction is established between the United Nations human rights
treaty bodies and the Security Council and agreed with the findings
of the High-Level Panel in the current Threats, Challenges and Change
that developed countries had a particular responsibility to do more
to transform their armies into units suitable for deployment to peace
operations, among other things.
The Committee also considered it imperative to dispel the climate of
impunity that was hospitable to war crimes and crimes against
humanity by referral of perpetrators of these crimes to the
International Criminal Court at an early stage of indications of
genocide. It also urged the international community to look at the
need for a comprehensive understanding of the dimensions of genocide,
including in the context of situations of economic globalization
adversely affecting indigenous and disadvantaged communities.
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