E/CN.4/1998/79
page 16
V.
REPLIES TO ALLEGATIONS TRANSMITTED TO GOVERNMENTS
BY THE SPECIAL RAPPORTEUR
53.
In accordance with established practice, the Special Rapporteur, when
receiving allegations of racism, racial discrimination, xenophobia and
anti-Semitism, transmits them to the Governments concerned and expects a reply
within three months. In the absence of a reply, or if he believes the reply
received to be complete, he brings the information in his possession to the
attention of the Commission, together with his comments. In 1996 and 1997
(September), the Special Rapporteur transmitted allegations of racist
incidents, racial discrimination, xenophobia and anti-Semitism to the
following Governments: Angola, Australia, Austria, Belgium, Canada,
Côte d'Ivoire (twice), France, India, Indonesia, Israel, Italy, Japan,
Mauritania, the Russian Federation, Sudan and the United States of America.
In his previous report (E/CN.4/1997/71), the Special Rapporteur mentioned the
content of those allegations and the fact that most of the Governments had
failed to reply. The situation was unchanged when he drew up his last report
to the General Assembly. Meanwhile he has received replies from the
Governments of five countries, namely Belgium, India, Italy, Japan and Spain.
(a)
Belgium:
Communication dated 26 September 1997
54.
The Special Rapporteur has transmitted to the Belgian Government
allegations concerning the expulsion of undocumented aliens from Belgium to
Côte d'Ivoire that he received from the Ligue des droits de l'homme (Belgium,
Francophone section). This organization brought to the Special Rapporteur's
attention information concerning the expulsion of undocumented aliens from
Belgium to Côte d'Ivoire through the intermediary of a private firm, namely,
Budd. The information was culled from a work by Mr. Chris de Stoop entitled
“Vite, rentrez les linge! L'Europe et l'expulsion des 'sans-papiers'”. 8/
Reply from the Belgian Government
55.
The Belgian Government has transmitted to the Special Rapporteur a
preliminary reply concerning these allegations and will probably furnish a
fuller reply at a later date. The Belgian Government's reply dated
27 November 1997 was as follows:
“(a) The Aliens Section of the Belgian Ministry of the Interior
used Budd's services 350 times between 1994 and October 1996.
“(b) The Aliens Section has not used this firm since that date as
it considered that monitoring procedures should be better organized.
“(c) Private airline companies continue, on their own
responsibility, to use Budd's services in discharging their
responsibilities as carriers, in respect of clandestine passengers.
“(d) The task entrusted to Budd by the Aliens Section does not
involve subcontracting deportations since expulsion decisions are taken
by the authorities, and specifically by the gendarmerie; the firm's
functions are confined to providing administrative assistance in
obtaining identity and travel documents or paying the stopover costs of