A/51/536
English
Page 24
C.
Committee on the Elimination of Racial Discrimination
91. While the International Convention on the Elimination of All Forms of
Racial Discrimination does not contain any specific articles aimed at the
promotion and protection of the rights of minorities, article 2 (2) is of
relevance to ethnic or racial groups as it imposes an obligation on States
parties to undertake affirmative action in respect of groups which have suffered
from discriminatory practices. According to article 2 (2), States must take
affirmative action "when the circumstances so warrant". In respect of the
applicability of this article in situations where the Government concerned
denies the identity or existence of a particular group, it seems that the
practice of the Committee on the Elimination of Racial Discrimination tends
towards the applicability of broad criteria of assessment.
Forty-eighth session
92. At its forty-eighth session, the Committee had before it the following
reports: Colombia (CERD/C/257/Add.1), Denmark (CERD/C/280/Add.1), Zimbabwe
(CERD/C/217/Add.1), Russian Federation (CERD/C/263/Add.9), Madagascar
(CERD/C/149/Add.19), Finland (CERD/C/240/Add.2), Spain (CERD/C/263/Add.5) and
the United Kingdom of Great Britain and Northern Ireland (CERD/C/263/Add.7).
93. In its concluding observations on Colombia (CERD/C/304/Add.1), the
Committee noted the persistence of structural discriminatory attitudes towards
the indigenous and Afro-Colombian communities, relating inter alia to the rights
to political participation, and educational and occupational possibilities.
94. In its concluding observations on Denmark (CERD/C/304/Add.2), the Committee
welcomed the establishment of the Board for Ethnic Equality, but expressed
concern that the attempts of municipalities to prevent undue concentrations of
ethnic minority families in "socially burdened" urban neighbourhoods should not
be discriminatory in effect.
95. In its concluding observations on Hungary (CERD/C/304/Add.4), the Committee
commended the State party for its new policy regarding minorities, based on the
principles of preservation of their self-identity, special preference treatment
and cultural autonomy; and for the creation in 1990 of the Office for National
and Ethnic Minorities; the establishment of the post of Ombudsman for National
and Ethnic Minority Rights, effective from mid-1995; and the signing of
agreements with neighbouring countries in connection with minority rights
issues. The Committee, however, expressed grave concern at the persistence of
expressions of racial hatred and acts of violence towards persons belonging to
minorities, especially Gypsies, Jews and people of African or Asian origin; at
apparent harassment and use of excessive force by the police against Gypsies;
and at the fact that, according to the Act of 1993, for an ethnic group to be
recognized as a minority, it must have lived on Hungarian soil for at least a
century.
96. In its concluding observations on the Russian Federation
(CERD/C/304/Add.5), the Committee noted with satisfaction that a parliamentary
group had been mandated to investigate human rights and international
humanitarian law violations in the Chechen conflict. Concern was expressed,
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