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Greek
Helsinki Monitor is one of the 39 Helsinki Committees and cooperating
organizations of the International Helsinki Federation. We all highly
value the work of the specialized UN Committee on the Elimination of
All Forms of Racial Discrimination (CERD) that has systematically and
consistently reviewed the situation in all countries. It is
regrettable that its work, and in particular its recommendations,
often go unnoticed as, inter alia, governments do not implement CERD’s
recommendation to publicize state reports and the ensuing
recommendations. Worse, they usually do not even attempt to implement
the latter. We would like to recall in this forum some of CERD’s
2000 recommendations for countries that are usually not dealt with in
OSCE meetings, urging them to be responsive. .
For
Denmark, CERD viewed that
the 1998 Act on Integration of Aliens was an area of concern, as it
transferred responsibility for integration from the central to the
local authorities. It also expressed its concern about activities of
organizations promoting racial hatred and discrimination, particularly
in relation to a radio station owned by a neo-Nazi association which
benefited from government financing. CERD suggested that the sanctions
decided under the criminal code be applied proportionally to the
nature of the related crime as it was concerned that grave acts of
racism had received light sanctions.
For
Finland, CERD reiterated
its concern over the absence of a law prohibiting and punishing
organizations that promoted and incited racial discrimination and a
provision in the penal code declaring any dissemination of ideas based
on racial superiority or hatred punishable by law. It was also
concerned about the fact that Roma continued to be subjected to
discrimination, and it reiterated its regret that the question of land
ownership of the Sami had not been resolved. CERD also voiced its
concern over the increased number of racist acts. CERD recommended,
among other things, that anti-discriminatory legislation be adopted to
better combat acts of racism; that Finland consider adopting
provisions for increasing sentences for racially motivated crimes, in
particular, racial violence; that additional measures be taken at
national and municipal levels to improve the situation of the Roma
minority; and that all available measures be taken to guarantee the
legal safeguards of asylum seekers.
For
Germany, CERD had
recommended in 1997 that, under articles 2 and 5 of the ICERD, it
adopts a "comprehensive Anti-Discrimination Law" and
introduces a mechanism on the implementation of the convention. This
has yet to happen. Nor has Germany made a declaration under article 14
to guarantee refugees and members of minorities access to individual
appeal procedures regarding discrimination and to claim compensation
– a concern also expressed by CERD under article 6 of the
convention.
For
Spain, CERD noted with
concern that remarkably few cases before national courts have been
identified as incidents of racial discrimination, despite a recognized
general increase in juvenile violence, including attacks on foreigners
by extremist groups, neo-nazi movements and gangs. It also noted that
violence against certain foreigners often results in judicial
proceedings alleging assault, unlawful detention and property damage,
and that the racial aspect of such acts is not taken into
consideration. Further, CERD was concerned about the recent incidents
of violence against persons of Moroccan nationality in El Ejido in the
region of Almería and was further concerned about reports that
the underlying socioeconomic problems, which provoked these events,
are also found in other regions of the country. The CERD recommended
that the government take measures to resolve the underlying causes of
tension and unrest, not merely on an emergency basis, but as part of a
long-term strategy to combat racial discrimination and violence, so as
to prevent the recurrence of such incidents.
For
Sweden, CERD was concerned,
among other things, about a recent upsurge in racism and xenophobia,
which has given rise to increased neo-nazi violence, especially among
youth and about the increasing popularity of "white power"
music, which promotes hatred against ethnic minorities. Further, it
expressed its concern about the difficulties that the Roma continue to
experience in exercising their rights and over the issue of land
rights of the indigenous Sami people, in particular, about their
hunting and fishing rights, which were threatened by the privatization
of traditional Sami lands. In addition, CERD was concerned about
increasing residential de facto segregation and about the increasing
incidence of racial discrimination in restaurants, other public places
and with regard to access to services. CERD encouraged Sweden to
continue its efforts to arrest the upsurge in racism and xenophobia;
prevent/punish racist neo-nazi violence and persecute any persons
whose actions incited to racial hatred. It recommended that additional
information be submitted on the situation of the Roma minority,
particularly, as regards education, employment and housing. Regarding
the Sami minority, CERD recommended that Sweden consider the extension
of the right to use the Sami language in legal and administrative
proceedings and that the government introduce legislation recognizing
traditional Sami land rights and reflecting the centrality of reindeer
husbandry to the way of life of Sweden’s indigenous people.
Moreover, CERD recommended that Sweden ratify the International Labour
Organization (ILO) Convention No. 169 on Indigenous and Tribal Peoples
in Independent States; that compliance with the law against
discrimination in the allocation of housing be ensured; and that
effective action be taken utilizing administrative measures as well as
criminal prosecutions to ensure that access to places or services
intended for use by the general public was not denied on grounds of
national or ethnic origin.
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