on the Elimination
of all Forms of
21 March 2003
COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
3-21 March 2003
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES UNDER ARTICLE 9 OF THE CONVENTION
Concluding observations of the Committee on the
Elimination of Racial Discrimination
The Committee considered the fifth periodic
2. The Committee welcomes the fifth periodic report which is an updating report focusing specifically on the recommendations made by the Committee in its previous concluding observations (CERD/C/304/Add.105). The Committee further welcomes the additional information provided by the State party’s delegation during its oral presentation, and expresses its appreciation for the opportunity to continue its dialogue with the State party.
The Committee welcomes the fact that
4. The Committee notes with appreciation the steps taken with a view to ratifying the amendments to article 8, paragraph 6, of the Convention, and expresses the hope that this process will be concluded soon, in line with General Assembly resolution 57/194.
Committee is encouraged by the entry into force, in December 2002, of the Act
amending the Citizenship Act of 1991 concerning the procedure for the acquisition
of citizenship of the
6. The Committee is encouraged by the recent steps taken by the State party with a view to further implementing the Convention, such as the adoption of specific anti-discrimination legislation (inter alia, the Act on Media 2001, the Resolution on Migration Policy 2002, the Act amending the Local Government Act 2002, the Exercising of the Public Interest in Culture Act 2002 and the Employment Act 2002).
7. The Committee appreciates the clarification provided by the delegation of various definitions used in the report and in domestic legislation to describe ethnic and national minorities, and “indigenous” and “new” communities. However, the Committee notes the potential discriminatory effects of the various definitions of the different ethnic groups and invites the State party to include in its next periodic report detailed information as to the legal definitions used for describing different minorities and their respective status.
8. The Committee expresses concern about the paucity of available data on the implementation of the Convention and emphasizes the importance of additional information, including statistical information, on the extent of integration of minorities into society. It recommends that the State party, while ensuring protection of individual privacy, provide relevant information on the demographic composition of its population and invites the State party to include data from the latest census (April 2002) in its next report. In this respect the Committee draws the attention of the State party to its General Recommendations XXIV and IV on article 1 of the Convention and concerning reporting by States parties, and para.8 of the Reporting Guidelines.
9. With respect to article 2 of the Convention, the Committee, while noting that the Constitution of Slovenia provides for representation in Parliament of the Italian and Hungarian minorities, observes that the issue of the representation of other minorities in the Slovenian Parliament has not been addressed. The Committee therefore recommends that the State party consider taking further measures to ensure that all groups of minorities are represented in Parliament, and to include in its forthcoming report information concerning any measures taken in this regard.
10. The Committee acknowledges the efforts made by the State party to promote cultural diversity, as well as to promote equal opportunities for the Roma and facilitate their participation in decision making processes. However, the Committee is concerned that discriminatory attitudes and practices may still persist and that the distinction between “indigenous” Roma and “new” Roma may give rise to further discrimination. The Committee encourages the State party to pursue its current efforts to combat any discriminatory practices and attitudes against Roma which may exist, in particular in the areas of housing, employment and treatment by the police, by, inter alia, developing comprehensive proactive strategies in these fields. The Committee invites the State party to provide data on the number of persons in these groups who have benefited from affirmative action.
11. The Committee appreciates the flexible approach of the State party as regards the education of Roma children by attempting to address the issue in each given community. However, the Committee is concerned at the existing practice that some children may be educated in vocational centres for adults, others in special classes. Recalling its General Recommendation XXVII on discrimination against Roma, the Committee encourages the State party to promote the integration of children of Roma origin into mainstream schools.
12. While the situation as to the actual implementation of article 4 of the Convention, one of its core articles, would not seem to give rise to concern, the Committee requests the State party to provide in its next periodic report statistics and information on cases of alleged racially-motivated offences, their investigation, and the results of any ensuing administrative or judicial proceedings.
13. The Committee is
encouraged by the steps taken by the State party to address the long-standing
issue of persons living in
14. The Committee is concerned that a significant number of
persons who have been living in
15. The Committee encourages the State party to consult with organizations of civil society working in the area of combating racial discrimination, during the preparation of the next periodic report.
16. The Committee recommends that the State party take into account the relevant parts of the Durban Declaration and Programme of Action when implementing the Convention in the domestic legal order, in particular in respect of articles 2 to 7 of the Convention, and that it include in its next periodic report information on action plans or other measures they have taken to implement the Durban Declaration and Programme of Action at national level.
17. The Committee recommends that the State party’s reports be made readily available to the public from the time they are submitted and that the observations of the Committee on these reports be similarly publicized, along with other texts relevant to the Convention. The Committee encourages the State party to increase its current efforts in this respect, with a view to actively reaching out to the public in general.
18. The Committee recommends that the State party
submit its sixth periodic report jointly with its seventh periodic report, due