ADVANCE UNEDITED VERSION A/CONF.211/PC.2/3 17 April 2008 Original: ENGLISH DURBAN REVIEW CONFERENCE Preparatory Committee First substantive session Geneva, 21 April- 2 May 2008 Item 6 of the provisional agenda Review of reports, studies and other documentation for the Preparatory Committee and the Durban Review Conference and contributions of human rights bodies and mechanisms. Replies to the questionnaire by States* Note by the Secretariat In accordance with decision PC.1/10 adopted on 31 August 2007 by the Preparatory Committee of the Durban Review Conference at its organizational session, the Office of the United Nations High Commissioner circulated a questionnaire to the Member States through a Note Verbale dated 17 January 2008, which was subsequently issued as document A/CONF.211/PC.2/2. The deadline for receiving the replies of the respective Government was 29 February 2008. As of 4 April 2008, the Office of the High Commissioner for Human Rights had received replies from 39 UN Member States: Algeria, Armenia, Austria, Belarus, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Cyprus, Denmark, Egypt, Estonia, Finland, Georgia, Germany, Hungary, Iran, Ireland, Italy, Japan, Latvia, Lebanon, Liechtenstein, Norway, Portugal, Qatar, Romania, Russian Federation, Senegal, Slovak Republic, Sweden, Switzerland, Syria, Togo, Turkey, United Kingdom, Uruguay, and Venezuela. The Secretariat also received one reply from one non-UN member state, the Holy See. In compliance with a request of the Bureau of the Preparatory Committee of the Durban Review Conference, the Secretariat prepared the present document, containing summaries of the received replies. Due to the page limit, the summary of each reply to the questionnaire is approximately 400 words. The replies received took various forms. Some answered only the core questions, some answered only the questions contained within the annex, some answered both the core questions and the annex, while others did not follow the structure of the questionnaire. Where the core questions were answered, the number of each question is included. In those cases where the annex was answered, this is indicated in the summary. In those cases where both the core questions and the annex were answered, this is referred to but for reasons of the page limit the summary concentrated on the core questions. The summaries also attempt to focus on legislative and other initiatives that occurred after the WCAR and avoid relating constitutional protections alone. To the extent possible, the summaries reproduce the language used in the replies to the questionnaire. -------- * The full text of replies to the questionnaire received are available from the webpage of the Preparation Committee for the Durban Review Conference on the website of the Office of the United Nations High Commissioner for Human Rights (www.ohchr.org) and from the Secretariat. REPLIES TO THE QUESTIONNAIRE TABLE OF CONTENTS From UN Member States ALGERIA Armenia Austria Belarus Belgium BOSNIA AND HERZEGOVINA BRAZIL Bulgaria Burkina Faso Cyprus Denmark EGYPT Estonia Finland Georgia Germany Hungary Iran Ireland Italy Japan Latvia LEBANON Liechtenstein Norway Portugal Qatar Romania Russian Federation Senegal Slovak Republic Sweden SwITZERLAND SYRIA Togo Turkey United Kingdom Uruguay Venezuela From non-UN Member States HOLY SEE REPLIES TO THE QUESTIONNAIRE FROM UN MEMBER STATES Algeria The Algerian Constitution contains provisions against all forms of discrimination and exploitation. Because of its history Algeria has been at the forefront of the fight against all forms of racial discrimination and has supported nations that have been subjected to this form of discrimination. As a result, Algeria has welcomed the DDPA and regrets the lack of commitment and mobilization by the international community to put into effect mechanisms to deal with new forms of racism, racial discrimination, xenophobia and related intolerance. The Constitution also has provisions providing for the protection of Algerians and foreigners from all forms of racial discrimination. The Constitution also provides for the freedom of religion and belief. The protection of rights extends to that of foreigners and their property; there is also the right of asylum as well as the protection of refugees. Article 140 of the Constitution provides for non-discrimination and equality before the courts of law and tribunals. Measures taken to end racism and discrimination include: (a) the ratification of international treaties and regional mechanisms; Algeria has ratified all the conventions mentioned in Article 77 of the DDPA and most of the conventions mentioned in Article 78 related to discrimination; for example in 2006 Algeria ratified the Convention on Migrant Workers and also ratified the Arab Charter (b) combating human trafficking (c) protection of refugees; here it should be noted that Algeria accepts refugees from different parts of the world and has done this in collaboration with UNHCR; labour laws provide protection to workers regardless of their nationality and deal with foreigners on equal basis when it comes to wages and provision of legal status (d) combating extreme poverty through development of programmes aimed at supporting the poor and the vulnerable and through “solidarity grants” (e) national institutions: the National Advisory Commission for the Protection and Promotion of Human Rights, established by decree in 2001 and amended in 2002 gives the Commission jurisdiction to conduct studies of all the human rights violations and take appropriate action including mediation between citizens and different governmental bodies working on the issues, outreach programmes and sensitization on human rights. Algeria is aware that there is need to combat racism, racial discrimination, xenophobia and related intolerance with all means at the national, regional and international levels. Algeria considers the questionnaire a step forward in evaluating measures taken by states to coordinate efforts to combat these violations. It is important to enhance and support all Durban follow-up mechanisms at the level of OHCHR and provide the means required by the Special Rapporteur on Racism. Armenia Question 1: The implementation of the provisions of the Durban Declaration constitutes a continuation of the state policies aiming at the elimination of all forms of racism, racial discrimination, xenophobia and related intolerance. In 1993, the Government ratified ICERD. In the last years, a big attention has been placed on prevention measures, focusing on education of tolerance. In the universities and also in schools, human rights was included, as a compulsory subject to study, in the specialized areas dealing with fight against discrimination and protection of the rights of national minorities. In accordance with the spirit of Durban Declaration, specific attention is paid to gender equality. Armenia became a party of international conventions, protecting the rights and freedom of women. Gender equality is guaranteed in the Constitution and in many legal measures. In 2004, Government Decision PA N645-H approved “National programme for improvement of the situation of women and enhancing their roles in society in the Republic of Armenia 2004-2010”. Question 2: Armenia actively fights contemporary forms of slavery, such as forced labor, including sexual exploitation. The fight against trafficking in persons is a priority for the Government. With a decision of the Prime Minister in October 2002, an inter-departmental commission was established on fighting trafficking in persons, with representatives of different Ministries and other state bodies and civil society. In December 2007, the Government adopted the second national programme on fighting trafficking in persons 2007-2009. Question 3: The initiatives, among others, include the translation of the manual “Compass” for teaching of human rights. The federation of youth clubs organized a number of initiatives, in collaboration with Baltic and south Caucasus countries, to involve leaders of youth organizations in elaboration of youth policies. The Center for organization of youth activities with the support and financing of the Cultural Ministry has implemented a long term “School of youth leaders”. In the context of the fight against racism racial discrimination, xenophobia and related intolerance, during the period of 2003-2007, there was one lawsuit on the ground of article 226.2.1. of the Penal Code for incitement of national, racial or religious hatred and one person was found guilty. Question 4: There is necessity of enhanced detailed monitoring of state measures in accordance with Durban Declaration and Programme of Action. Question 5: After the ratification of ICERD, the Government undertook the necessary legal and institutional measures (reference to the Annex) Question 6: Elaboration of a textbook “Human Rights” for students in 8th grade of secondary school and training of teachers for teaching this subject. Armenia also provided replies also to the questions in the Annex. Austria Question 1: In 2004 and 2006, a new legislative framework in the field of non-discrimination was introduced. The Act on the Equal Treatment Commission and the Ombudspersons’ Office for Equal Treatment was passed; the Equal Treatment Act and the Federal Equal Treatment Act were amended. The Act on Equal Treatment for Persons with Disabilities was passed, and the Act on the Employment of Persons with Disabilities was amended. The protection hitherto afforded against gender discrimination is now also applied to discrimination on grounds of ethnic origin, religion and ideology, sexual orientation, disability, and age. Question 2: Austria regularly submits comprehensive information on all forms of discrimination, including racist, xenophobic and related intolerance to the EU-Fundamental Rights Agency (FRA) as well as its predecessor, the EU Monitoring Centre on Racism and Xenophobia (EUMC). With regard to human trafficking, a multidisciplinary committee called “Task Force against Trafficking” was set up by decision of the Council of Ministers in 2004, which includes government representatives, external experts and NGOs. In March 2007 the Council of Ministers adopted the National Action Plan against human trafficking, which contains specific measures regarding coordination, prevention, victim protection and compensation, prosecution, international cooperation, data collection, monitoring and evaluation. Question 3: The Advisory Board for Human Rights is an independent body that monitors, from a human rights perspective, the activities of the security authorities, authorities otherwise subordinate to the Federal Minister of the Interior, as well as others. The Federal Ministry of Education, Arts and Culture, in co-operation with NGOs and international partners, implements a wide range of initiatives aimed at combating manifestations of racism in education. With regard to legal measures -- any criminal offence is aggravated when committed with racist or xenophobic intent (s. 33 (5) Penal Code). Moreover, discrimination on grounds of race constitutes an administrative offence under Art. IX of the Introductory Provisions to the Laws on Administrative Procedure. Question 4: Austria suggests that emphasis be given on a focused and streamlined approach that operates on the principle of consensus in order to enhance effectiveness in combating racism and related forms of intolerance through the implementation of the DDPA. Question 5: The Federal Constitutional Act of 3 July 1973, implementing the International Convention on the Elimination of All Forms of Racial Discrimination, provides that any kind of discrimination on racial grounds is prohibited. Austria takes the recommendations of the Committee carefully into account. Question 6: Public authorities in Austria, both on the federal and regional level, put a particular focus on anti-discrimination training for public agents. Belarus Belarus replied to the questions in the Annex. Belarus replied to the questions in the Annex. It answered that prohibition of all forms and manifestations of racial discrimination is widely incorporated in the national jurisdiction. The fundamental norms in this area are included in the Constitution. Equal treatment before tribunals and all other organs administering justice, equal rights to security of person and protection by the State against violence or bodily harm, equal rights to freedom of religion and belief are guaranteed by the Constitution. With regard to equal rights to all levels of education and training, article 3 of the Law on Education from October 1991, ensures the right of each citizen of Belarus to receive education. Foreigners and aliens, permanently living in the country have the same rights with regard to education as the citizens of Belarus. With regard to equal participation to cultural life, in accordance with the National law on culture in the Republic of Belarus, the ones living on the territory of the country, with each nationality have the right to preserves and enhance their national culture. The State guarantees the citizens the right to chose the language of education and upbringing and creates respective conditions for the implementation of this right. The Penal Code punishes crimes on racial, national, ethnical and religious grounds, which are also aggravating factors and also incitement to racial, national or religious hatred. The Code also envisages sanctions for genocide. The Presidential Decree of 9 March 2005 No.3 on measures for prevention of trafficking in persons envisages concrete measures, in particular protection of women and children. During the period of 2002-2007 a number of measures in this area were implemented in accordance with the State programme against trafficking in persons and prostitution adopted in 2001. In December 2007, a State programme for combating trafficking in persons, illegal immigration and related illegal acts for 2008-2010 was adopted. In July 2007 an International educational center for preparation, increase of qualifications, and other trainings in the area of migration and trafficking in persons was opened. In 2007, one training of law enforcement officers was organized and four trainings are planned for 2008. In December 2007, the Department on citizenship and migration agreed on Standard Operational Procedures for Protection and Action in Case of Sexual and Gender Violence in Belarus. The State bodies continuously work to provide social services, employment, healthcare, education, passports and integration in social and cultural life for Roma people. Belgium Question 1: The Centre for Equality of Opportunity and Combat against Racism was charged with the responsibility of elaborating a plan of action following the 2001 Conference and assessing what has been implemented by Belgium and what still remains to be done. This analysis has shown that the Durban outcome remains a pertinent and relevant basis for the fight against racism, racial discrimination, xenophobia and related intolerance. Belgium adopted a Plan of Action in 2004 on racism, anti-semitism and xenophobia, a 10-point plan that focuses on the applicability of anti-discrimination legislation, follow-up of complaints, internet as medium of racist and anti-semitic ideology, distribution of racist materials, fight against bigotry (creation of “democracy platforms”), evaluation of media work, police services, state security, measures of public protection and the creation of tolerance barometers. Belgium also received the members of the Working Group on People of African Descent in 2005 and published a booklet entitled “I act against racism”. Question 2: There still are different forms of discrimination of several types. The racist manifestations being observed in Belgium are all covered under the Durban outcome documents. Belgium has dealt with these through an arsenal of laws as indicated under question 3, touching on education, prevention and mediation. All victims receive equal protection. Question 3: Belgium has enacted an arsenal of laws against racism since Durban. These build on the constitution and include the law of 10 May 2007 aimed against discrimination, including against language, religious conviction and social origin, and also the law of 10 May 2007 which modified that of July 1981, suppressing actions inspired by racism and xenophobia. In 2003 and 2007, the law expanded the competence of the Centre for Equality and the Combat Against Racism, giving it authority over many additional elements of discrimination based on race. Question 4: There is a multiplication of mechanisms since Durban, which risks to dilute the attention that racism deserves. This also makes it harder for the mechanisms to be accessed by outsiders. The review conference needs to address this. Question 5: Belgium has complied with the ICERD and has recently presented a report before the Committee. Recommendations of the Committee are taken very seriously and have fundamentally influenced the elaboration of pertinent legislation in Belgium. It is necessary to push efforts aiming at universal ratification of the ICERD. Every two years Belgium and Slovenia lodge a resolution at the General Assembly aimed at supporting the work of the Committee. Question 6: Since Belgium has pursued a programme of promoting diversity in employment where employment organizations pledge to respect a policy of diversity in employment. An ethical code has been established within the police force focusing on anti-racism and anti-discrimination in police work. Bosnia and Herzegovina Question 1: Racial and other forms of discrimination is prohibited by the Constitution in Bosnia Herzegovina and its two entities and is included in the criminal legislation. The elimination of racial discrimination is also carried out through promotion, recognition and equal enjoyment of rights. Question 2: The European Convention for the Protection of Human Rights and Fundamental Freedoms has been incorporated into the Constitution and thereby has priority over all other domestic law. The Constitution contains provisions for the realisation of all rights throughout the entire territory without discrimination. Question 3: In the area of education, Bosnia-Herzegovina applies a policy of equality to the educational qualifications received regardless of which part of the national territory they come from. Children returning from abroad are able to have their foreign qualifications recognised. There are legal decisions on the equality and use of languages and alphabets of constituent peoples in the educational system that are also directed at eliminating discrimination. All workers in Bosnia-Herzegovina are equally remunerated for work of equal value and there is no discrimination between men and women. Also, displaced persons and refugees are entitled to social protection under the same conditions as other citizens of Bosnia-Herzegovina Question 4: The establishment of international bodies for the protection of human rights, including the bodies of the Council of Europe (ECRI) and the UN (CERD Committee) for combating racism, intolerance and prevention of all forms of discrimination, as well as the adoption of the DDPA contribute in a high-quality manner to strengthening mechanisms for the protection of human rights through awareness raising of target groups aimed at strengthening tolerance, linking diversities, equality before the law, realisation of rights to equal access to courts, rights to freedom of conscience and religion, right to education etc. Question 5: The ICERD entered into force and became binding on Bosnia-Herzegovina in 1993. It presented its first report to the CERD in 2005. Its second report will be submitted in 2008. Question 6: The response points to the Law on the Protection of Rights of Persons Belonging to National Minorities as an example of good practices. It also makes reference to the Decision on the Establishment of Council of National Minorities of Bosnia-Herzegovina within the Parliamentary Assembly of Bosnia-Herzegovina in May 2006.There are many NGOs active in Bosnia-Herzegovina that promote the protection of human rights and the preservation of ethnical and cultural heritage of the minority communities. The situation of the Roma people is still very difficult but the problems in the fields of housing employment, healthcare and social welfare are due to poverty rather than discrimination. Brazil Question 1: In 2003, the Special Secretariat for the Promotion of Racial Equality Policies (SEPPIR) and the National Council for the Promotion of Racial Equality (CNPIR) were created and the National Policy for the Promotion of Racial Equality was adopted. The SEPPIR is a body that directly assists the Presidency of the Republic in the formulation, planning and coordination of policies and parameters related to the promotion and the protection of the rights of racial and ethnic groups subject to discrimination, stressing the black population. SEPPIR is also in charge of the implementation and coordination of the National Policy for the Promotion of Racial Equality – PNPIR. Question 2: Among contemporary forms of racism, special attention must be given to the diffusion of discriminatory messages through new media, particularly the Internet. Brazil’s response goes on to site several examples of racism on the internet. Question 3: Brazil has several pieces of legislation that include measures against racist acts. These are the Constitution, the Torture Law, the Law of Qualified Injury for Prejudice, the Anti-discrimination Law and the Law on Afro-Brazilian and Indigenous History Education. The Brazilian State was the flagship in the organization of the Regional Conference of the Americas about the Developments and Challenges for the Action Plan against Racism, Racial Discrimination, Xenophobe, and All Forms of Discrimination and Intolerance, as well as the II Conference of Africa and Diaspora Intellectuals, both held in Brazil, in July 2006. Question 4: The international human rights protection system has not succeed in establishing adequate protective parameters to face the new forms of racism and racial hate. The Brazilian State supports the extension of the international protection against discrimination to the other vulnerable groups. The Brazilian State considers relevant the enhancing of discussions related to traditional communities, such as the remaining of quilombos and aborigines. Promotion strategies capable to stimulate the insertion and inclusion of socially vulnerable groups in the social spaces are essential. Question 5: Brazil has signed the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) in March 7th 1966, and ratified it in the 27th of March 1968. Question 6: The response by Brazil informs about its Programme for Quilombola Remainder Communities, its programmes pertaining to health, education, and development, labour and income generation, as well as the Tripartite Commission of Equal Opportunities, the National Qualification Plan and its Gender and Race Program. Bulgaria Question 1: The Council of Ministers adopted various strategies and plans for equal integration of persons belonging to minorities among which: a strategy for integration in education of children and pupils from ethnic minorities, a health strategy for persons belonging to minorities who are in a vulnerable social situation, a plan of action for the implementation of the national housing programme and others. In 2006, the National Assembly adopted a National Programme for Development of Junior and Senior High School and Pre-School Education (2006-2015) for introduction of special measures for children whose mother tongue is not Bulgarian. Question 2: Bulgaria has always maintained that all forms of discrimination are equally unacceptable and all victims should receive the same treatment and the same protections against racism and discrimination. Question 3: In September 2003, the National Assembly adopted the Law on Protection against Discrimination, amended in 2004 and 2006, which provides enhanced protection of all physical persons and juridical entities on the Bulgarian territory against all forms of discrimination and contributes to prevention of such incidences. The Commission for Protection against Discrimination was established in April 2005 with the main objective “to prevent discrimination, to protect against discrimination and to ensure equal opportunities.” The body imposes sanctions and issues mandatory prescriptions for changes wherever acts of discrimination have been committed. In 2006, the National Council on Ethnic and Demographic Issues, established in 1997, was reorganized into National Council for Cooperation on Ethnic and Demographic Issues, with an increased number of participating ministries. Question 4: There is a risk of overlapping and duplication. The proliferation of mechanisms dedicated to racism and racial discrimination can be detrimental. The Durban Review Conference is a good opportunity to decide on rationalization and streamlining of these mechanisms in order to enhance their effectiveness. Question 5: Bulgaria ratified ICERD in 1966 and the authorities give proper consideration to the recommendations of CERD. Question 6: The Commission for Protection against Discrimination proved to be effective and independent body for prevention, control and protection against discrimination. The National Police Department, within the Ministry of Interior organizes trainings on human rights for police personnel, verification of complaints and information from different sources. The Bulgarian State Agency for Youth and Sports, which is the coordinating body of the European Youth Campaign for Diversity, Human Rights and Participation All different – All equal organized various seminars, trainings and other events to increase tolerance and combat discrimination. The Council of Electronic Media included programmes for minorities in the procedures for issuing licenses. Burkina Faso Question 1: The Constitution of Burkina Faso provides for equality of treatment and prohibits racial racial discrimination as well as all forms of discrimination. Decree of 2004 on code of conduct for the national police proclaims that the national police is in the service of the nation and must discharge this obligation in accordance with human rights and international laws applicable. There is also the right to participate in public life. There is a further law on non-discrimination in employment as well as the right for adequate housing for all in Burkina Faso without discrimination. From 2006 there is a programme for the construction of economic housing. In January 2008 the Ministry of Habitat and Urbanization has programme on social housing. There is also the right to health and education, the right to take place in cultural life and that of access to services. Question 2: Racism and xenophobia are social problems quite well known in Burkina Faso.. Foreigners living in Burkina Faso are well integrated and face no hostility on the part of the local population. The national society is composed of over 60 ethnic groups with a variety of languages and cultures. However, there exists among certain societies practices that may be considered discriminatory. There are for example prohibitions of intermarriages between certain ethnic groups and castes, which have historical roots. But the family code prohibits discrimination based on customary considerations. The law prohibits forced marriages and does not allow prohibitions of marriages on the basis of race, caste, religion or ethnicity. Question 3: Article 1 of the Constitution prohibits discrimination of all forms. Article 19 affirms that the right to work is applicable to all and that there can be no discrimination on this basis; article 5 of the family code says the foreigners in Burkina Faso enjoy the same rights as nationals; article 112 of the information code prohibits defamation against a group or person on the basis of belonging to a race, religion, region and this is punishable by law with a high fine for the incitement of hatred between citizens and residents. Question 4: No response Question 5: Burkina Faso acceded to the ICERD and has made legislative measures to be in conformity with the norm. It has produced an initial report and periodic reports in conformity with article 9 of the convention Question 6: The periodic organization of events such as the Panafrican Festival of Cinema and Television (FESPACO) and the international festival of books provides an opportunity for better acceptance of people by others. The Government also organizes special days aimed at foreigners in which cultural activities are organized. Cyprus Cyprus ratified ICERD in 1967. It also ratified most of the European and United Nations instruments relating to discrimination. The Government has enacted important primary anti-discrimination legislations in order to harmonize with the European Union Council Directives 2000/43 and 2000/78. There were also important developments in case-law. In 2001, by the judgment of the Supreme Court of Cyprus on the case of Yiallourou vs. Evgenios Nicolaou, it was established that violation of human rights is an actionable right which can be pursued in civil courts against those perpetrating the violation, and victims are entitled, inter alia, to just and reasonable compensation for pecuniary and non-pecuniary damages. Moreover, the Combating of Racism and Other Discrimination (Commissioner) Law 2004, vests the Commissioner for Administration who is an independent officer with special competences, duties and power for combating and eliminating discrimination in both public and private sectors. Under this law, any person or group may file a complaint to the Commissioner for being a subject to discrimination prohibited by any law. The Commissioner can carry out investigations ex pro prio motu on incidents of discrimination. Findings and reports made by the Commissioner, when involving discriminatory provisions/terms/criteria/practices/found in legislation, must be communicated to the Attorney-General of the Republic. The Commissioner also has the power to prepare and publish Codes of Practice with regard to any activity of a public authority or person in the private sector, obliging them to take the practical measures specified in the Code. The Commissioner has a duty to carry out surveys, prepare statistics and organize consultations and meeting of persons and groups of different or conflicting interests. Cyprus has ratified Protocol No.12 to the European Convention of Human Rights which has been in force since April 2005. In 2005, it ratified the Additional Protocol to the Convention on Cyber Crime. Specific legislations sets up an institutional framework for the examination of international protections needs, namely asylum applications. Moreover Cyprus law criminalizes, inter alia, a number of acts/conduct among which: incitement to acts or activities likely to cause racial discrimination, violence or hatred, public expression of ideas which are racially insulting, publication of material that promotes ill-will or hostility between different communities, establishment or participation in organizations that promote racial discrimination. Denmark Question 1: The government has taken several initiatives of political and legal nature in the area of combating discrimination and promoting equal treatment. The initiatives, which are described in more details under question three, include a government action plan, project funding, funding of research on the scale and origins of discrimination etc., establishment of a Board on Equal Treatment and implementation of legislation against discrimination. Question 2: The Danish Police has developed reporting schemes and mechanisms to monitor cases involving possible discrimination and to ensure a uniform practice in these cases. All cases in which preliminary charges have been raised for violation of section 266b of the Penal Code have to be submitted to the Director of Public Prosecutions for determination of the final charges. Moreover, the final decisions of the courts are accessible at the website of the Director of Public Prosecutions. In addition, the Danish Security and Intelligence Service receives reports from the police districts about criminal offences and incidents that are believed to have a racist background and are directed at foreign nationals as well as offences with a possible racist/religious background. Question 3: In May 2003, the Danish Government’s Act on Ethnic Equal Treatment was adopted by the Danish Parliament. In April 2004, by Act No. 253 amending the Act on Prohibition of Discrimination on the Labour Market etc., the employment aspects of the EU Racial Equality Directive were implemented into Danish law. The Penal Code was amended by Act No. 218 of 31 March 2004, which entered into force on 2 April 2004. In November 2003, the Danish Government launched its “Action Plan to Promote Equal Treatment and Diversity and Combat Racism” as a direct offshoot of the Durban Conference. According to the Government Platform 2007 “Society of Opportunities”, an update of the action plan is foreseen. The Ministry of Social Welfare and Gender Equality implemented a four-year attitude readjustment campaign on gender-related prejudices and gender-roles. Question 4: Overlaps, multiplication and duplication of measures should be avoided. If necessary, mechanisms may need to be streamlined and rationalized. At the upcoming Review Conference the work of the various mechanisms set up in the aftermath of the Durban Conference should thus be evaluated. Question 5: Denmark ratified the International Convention of the Elimination of all forms of Racial Discrimination (ICERD) in 1971. Denmark attaches great importance to the cooperation of all countries with the Committee. Question 6: Reference is made to the answer to Core Question 3 where several initiatives and good practices in Denmark are described. Egypt Questions 1, 3 and 5: Egypt is committed to the full implementation of the DDPA and will exhaust all efforts to support the international initiatives aimed at eliminating racism, racial discrimination, xenophobia and related intolerance. Egypt supports all the activities of the follow-up mechanisms to the DDPA. Egypt acknowledges that combating racism should remain top on the international agenda especially given the forms of intolerance towards religious groups and minorities in different parts of the world. The legal protection framework in Egypt includes: (a) constitution which spells out the basic freedoms (b) ratification of international treaties and the domestic application of international treaties (c) the criminalization of hatred, incitement and defamation of religion by the penal code. Other measures have been taken in the field of education, culture and media to promote tolerance and combat opinions calling for racial discrimination. These include the integration of human rights in the academic curriculum for schools and universities, promoting human rights through NGOs and providing train for the criminal justice sector There are national mechanisms to promote human rights in conjunction with international efforts, such as the establishment of the national human rights institution which works on legal and constitutional reform. In Egypt international treaties form part of the national legislation and judiciary plays a role in the promotion of human rights. Questions 2 and 4: The international community has agreed that international frameworks should be created in accordance to the DDPA which has recommended that complementary standards be created to enhance and complement the ICERD. Countries should close legal gaps that exist. The Council should: (a) follow up on all the mechanisms and working groups,(b) be involved in the preparation for Durban review (c) enhance national and international efforts to combat racism (d) have an active role in filling the gaps and prepare recommendations on how to best do this (e) play a critical role in the implementation of the DDPA. There are legal and procedural gaps that should be addressed to give protection to vulnerable groups. Other issues to be addressed include defamation of religion and foreign occupation. Question 6: Egypt has established measures to protect women and provide equal opportunities, and has tried to mainstream religious tolerance in the school system. Egypt has contributed to the national dialogue of religions to improve social relations between different groups. There have been court rulings in 2008 that confer muslims converting to other religions the right to have passports without specifically stating their religion; Bahai’s no longer have to carry documents indicating that they are muslims. Estonia With regard to the core questions, Estonia replied that in 2006, article 151 of the Penal Code was amended penalizing incitement to discriminate and provides for liability for legal persons. Among the extra-judicial institutions whose task is to guarantee the protection of constitutional rights and freedoms are the Chancellor of Justice and the Commissioner for Gender Equality. Estonia is a party of ICERD since 1991. The next periodic report to CERD will be submitted in 2008 and in this report the points raised in the 2006-year concluding observations will be addressed. The Draft Equality Act, in accordance with the Council of the European Union directives 2000/43 and 2000/78, foresees detailed anti-discrimination provisions, inter alia, in the areas of education, social protections, health care and access to publicly available goods and services. In 2005, the rules to obtain Estonian citizenship were simplified. With regard to the questions in the annex, Estonia replied that the Constitution guarantees equal treatment in courts, freedom of religion, equality in employment relations, inviolable home, protection of property and choice of residence, the right to the protection of health, the right to education, the protection of cultural life and language and freedom of movement. The Penal Code provides for punishments for incitement of hatred, for violation of equality and for discrimination based on genetic risks. Measures have been enforced to restrain hate speech on internet, including statements expressing discriminatory intolerance. There have been no anti-Semitic, Islamophobic and anti-Roma incidents or crimes registered. The Government approved by its order of 26 January 2006, the Development Plan for Combating Trafficking in Human Beings. In schools, discrimination, in general, is discussed within the framework of the subjects of human and social studies. In 2006 and 2007 there has not been specific teachers’ training in the areas related to multicultural and anti-racist education. Finland Question 1: Finland has focused its efforts on the full implementation of the agreed principles and operational recommendations of the Durban Declaration and Programme of Action. Finland is fully determined to tackle racism, racial discrimination, xenophobia and related intolerance. Question 2: Manifestations of anti-Semitism have included threats, signs and graffiti. The persons responsible have been or are being prosecuted under the provisions against ethnic agitation. The members of the Roma communities face discrimination in different areas, including education, employment, housing and access to services. At the initiative of the Ombudsman for Minorities, the employment authorities started in 2002 a project to make their services more effective with regard to the situation of Roma people. EU funded projects on employment have been also implemented. The members of Somali Communities are also vulnerable to racism and racial discrimination. The Ombudsman for Minorities has promoted the creation of a co-coordinating body that brings together representatives of different Muslim organizations and groups. An Islamic Council was established in November 2006. The members of Russian-speaking communities face intolerance. An ad hoc working group of the Advisory Board for Ethnic Relation has prepared a report on the situation of this group. In December 2007, a seminar was organized on xenophobia against Russian-speakers. Question 3: In 2003 the Penal Code was amended including a provision on racist motives as grounds for increasing the severity of the punishment. Several legal measures came into force in 2004 among which: the Non-Discrimination Act 21/2004 implementing Council Directives 2000/43 and 2000/78, a new Aliens Act, an Act on the Exercise of Freedom of Expression in Mass Media and a completely revised Language Act. Compliance with the provisions of the Non-Discrimination Act is supervised by the Ombudsman for Minorities and the National Discrimination Tribunal. There are several national institutions fighting racism and discrimination among which: the Chancellor of Justice of the Government and Parliamentary Ombudsman, Ombudsman for Minorities, National Discrimination Tribunal, Ombudsman for Discrimination and Equality Council of the Aland Islands. Question 4: The proliferation of mechanisms dedicated to racism and racial discrimination can be detrimental to the fight against these scourges. The Durban Review Conference provides a good opportunity to decide on the rationalization of the mechanisms in order to enhance their effectiveness. Question 5: Finland has submitted its combined 17th, 18th and 19th periodic reports to CERD in August 2007. Question 6: The Ministry of Education provides regular financial support to activities aiming at fighting racism, anti-Semitism, xenophobia and related intolerance. In 2006-2007 the Council of Europe organized European Youth Campaign “All Different – All Equal” and Finland joined the campaign by organizing a parallel national campaign. Georgia Georgia replied to the questions in the Annex. Prohibition of physical or mental coercion upon detainee of a person otherwise restricted in his/her liberty is guaranteed by paragraph 3 of article 17 of the Constitution. With the amendment of 2006 of the Constitution the prohibition acquired an absolute character. The Criminal Code of Georgia was amended on 6 June 2003 which gave the possibility to qualify any act committed with racial motive by a separate article. On 14 August 2003, article 408 of the Code was amended by the inclusion in the list of criminal offences of apartheid and persecution of an identifiable group for reasons including races, national or ethnic origin and religion. In June 2006, the Criminal Code was amended increasing the sanctions for the crime of trafficking in persons, introduction of criminal liability and protection of the interests of the victims. In April 2006, the Parliament adopted a Law on Combating Trafficking in Persons, which entered into force in June 2006. In January 2007, the President approved the Anti-Trafficking Action Plan for 2007-2008. In addition to the Constitution, several laws contain provisions prohibiting discrimination among which the Law of Georgia on Employment of 2001 and the Law of Georgia on Legal Status of Foreigners of 2005. The Labor Code of Georgia of 2006 prohibits any kind of discrimination on the basis of race, color, language, sex, religion, political and other opinion, nation, ethnical or social belonging etc. in the area of employment. On 19 June 2006, the Prosecutor General of Georgia issued Order No.5 approving the Code of Ethics for the Employees of the Prosecutor’s Office of Georgia prescribing the general obligation for the employees to facilitate the elimination of all forms of discrimination. On 4 March 2003, the President of Georgia signed a decree approving a plan of action to strengthen the protection of rights and freedoms of various population groups of Georgia for the period of 2003-2005. On 26 September 2007, the Government adopted the Action Plan of 2007-2009 on Measures for Implementation of Gender Equality Policy in Georgia. Georgia acceded to ICERD in 1999 on the basis of Parliamentary decree. The Law on Refugees was amended in April 2007, where the refugee status were granted temporary residence permit. On 13 October 2005, Georgia ratified the 1995 Framework Convention for the Protection of National Minorities. Germany Question 1: In 2002 the Federal Government submitted its first “Report on the Current and Envisaged Measures and Activities of the Federal Government against right-wing extremism, xenophobia, anti-Semitism and violence”. On this basis, the Government drew up a National Action Plan that is due to be completed before the end of 2008. The civil society was involved in the development of the action plan. The Federal Government holds the view that the Durban decisions provide a sound basis for future action. Question 2: German criminal law covers criminal offences that are motivated by racism, xenophobia and anti-Semitism, defining independent elements of the crimes, and punishes these criminal offences accordingly. The spreading of propaganda and the use of hallmarks of unconstitutional organizations and incitement are criminalized. There are provisions that sanction actions motivated by racism in the area of the rights of association and assembly. Question 3: The Federal Government and the Federal Länder have adopted a diversified strategy aimed at combating anti-Semitism. Germany is actively involved in the work of the International Task Force on Holocaust Education, Remembrance and Research. With regard to the Sinti and Roma, Germany has been involved, within the framework of the OSCE in developing an action plan for enhancing the situation of the Sinti and Roma. In the area of racially motivated crime, the Federal Government attaches particular importance to preventive work, an approach which led to the establishment in June 2001 of the foundation “German Forum for Crime Prevention” which aims at preventing right-wing extremism, xenophobia, anti-Semitism and violence. Question 4: Germany especially welcomes the work of the Anti-Discrimination unit of the Office of the High Commissioner for Human Rights, to which it has dedicated financial and personnel resources. Germany actively cooperates with all existing instruments; it participates in all open sessions of the different working groups. The Durban Review Conference provides a good opportunity to evaluate the work done so far and to decide on possible rationalization with a view to enhance the effectiveness of the system established to fight racism. Question 5: Germany ratified ICERD in 1969. In response to the Concluding Observations of CERD, Germany has also conformed the complaints procedure for individuals pursuant to Article 14 of ICERD. Question 6: At regional level, Germany supported the establishment of a Tolerance and Non-Discrimination Unit within the OSCE Office for Democratic Institutions and Human Rights (ODIHR). Germany replied also to several questions from the annex. Hungary Hungary replied to the questions in the Annex. With regard to the right for equal treatment in court, in addition to the Constitutional provisions, Act CXL of 2004 on the general rules of official administrative procedures and services, declares among its basic principles that in the course of official administrative procedure every exclusion, discrimination or restriction is forbidden. Act CXIV of 2005 concerns the alteration of certain laws related to national and ethnic minorities and the election of representatives of minority governments. The law CXXV of 2003 concerning equal treatment and promotion of equal opportunity came into force in January 2004. The aim is to proceed against all forms of discrimination, the right for dignified human respect, the protection of human and fundamental civil rights and the provision of efficient legal defence for those suffering discrimination. In March 2004, the Hungarian Government adopted its decree No. 1021/2004. (III. 18.) on the Governmental Program and measures for the promotion of Roma people’s social integration which defined governmental actions for the period of 2004-2006. In June 2006 the Hungarian Parliament adopted the Decade of Roma Inclusion Program Strategic Plan. – 68/2007 (VI.28.) resolution. For the implementation of the Parliamentary resolution in December 2007 the Government approved a governmental action plan for the period of 2008-2009 – governmental decision 1105/2007 (XII.27.). Act I. of 2004 concerning sports prescribes for the organizer of an event as an obligation to order any such participants who incite to hatred or racism, to discontinue these activities. In the field of antidiscrimination, the tasks and objectives determined in the governmental verdict 68/2007. (VI. 28.) concerning the Decade of Roma Inclusion Program Strategic Plan, refer to the most important complex measures that may for a significant period of time assure the real social and economic integration of the poor – among them, in great proportion, the Roma. 2005-2015 is designated as the Decade of Roma Inclusion. The Governmental Action Plan for the period of 2008-2009 related to the Decade of Roma Inclusion Program Strategic Plan envisages measures related to the promotion of the mainstreaming of equal treatment and anti-discrimination. In September 2003, the 1993./LXXIX. Law on education was modified. Many alterations were introduced for the integration of children and pupils with disadvantages. The Hungarian asylum legislation was recodified in 2007 to comply with the relevant EU legislation, and to introduce the concept of subsidiary protection to Hungarian domestic law. Iran Question 1: In its response, the Republic of Iran states that, as a matter of policy and practice, it is opposed to any form of discrimination. It makes reference to guidelines produced by the Head of Iran’s judiciary regarding procedures to be followed to ensure non discrimination in the conduct of legal proceedings. Reference is also made to a bill of citizen’s rights, one of the main principles of which is to ensure the enjoyment of equal rights by all irrespective of ethnic origin, race, colour, sex etc. A committee for the removal of discrimination has been created as well as a Human Rights Headquarters. The latter receives individual complaints arising from the violation of human rights and fundamental freedoms. Measures have been taken to address the needs of nomadic groups and refugees. The issues of political participation and education, particularly as relates to ethnic groups, have been addressed. Question 2: There is an increase in racist violence and xenophobia in many parts of the world as well as of defamation of religion, the rejection of diversity and Islamophobia or incitement against Islam. Comment is made on the situation in the Occupied Palestinian Territories, which constitutes a violation of a wide range of civil and political rights. Question 3: The response by Iran mentions the Asian Preparatory Meeting that it organized in the lead up to the World Conference Against Racism in 2001. Iran was also a member of the bureau of the Preparatory Committee, the general committee of the World Conference, and the chairman of the Drafting Committee at the World Conference. Iran has also led the way in several initiatives such as the “Dialogue among Civilizations”, the GA resolution on Human Rights and Cultural Diversity and the Ministerial Conference of the non-Aligned Movement on Human Rights and Cultural Diversity. Question 4: In its response, Iran states that an escalation in systematic racism and racial discrimination can still be seen in some parts of the world. Some countries do not show sufficient commitment to the implementation of the DDPA and an effective and continuous mechanism is needed to monitor implementation. Due attention must be given to new forms and manifestations of racism, racial discrimination and xenophobia. Question 5: Iran has ratified the ICERD and duly considers and deals with its recommendations. Question 6: Resources have been channeled to peripheral regions of Iran where ethnic groups tend to reside to improve the standard of living there. Ireland Question 1: In its response, the government of Ireland indicates that in 2001 it launched a three year anti-racism awareness programme entitled “Know Racism” with the aim of stimulating an awareness of racism and respect for cultural diversity. The programme completed its three year term in December 2004 and has been followed by the National Action Plan Against Racism (NCCRI). The NCCRI was launched in January 2005 and can be seen as the most significant Government of Ireland policy development in the anti-racism area. The publication of the Plan was in fulfillment of the commitment given at the WCAR in Durban 2001. Ireland is one of the leading States in putting a National Action Plan Against Racism in place. Question 2: Although the Prohibition of Incitement to Hatred Act is robust, there is currently no criminal law provision which defines racist offences. Research into this aspect has been commissioned under the NCCRI. Statistical information from the National Police Force shows that while racially motivated crimes are increasing, the overall figures are relatively low. The National Consultative Committee on Racism and Interculturalism also records incidents related to racism and periodically passes them on to the EU Fundamental Rights Agency. The Chief of the Police Force has issued a directive concerning strategies and services to meet the needs of a more diverse society and 500 ethnic liaison officers have been appointed. The Police Force is actively recruiting people from minority communities. Question 3: The NCCRI is the key policy tool used to combat racism in Ireland. It encompasses five key themes: Protection, Inclusion, Provision, Recognition and Participation. A strategic monitoring group, involving state representatives and civil society, oversees the implementation of the Plan. The Plan is used primarily to make strategic interventions, to pursue specific research or consultancy projects and to undertake public awareness campaigns and grant schemes. The response by Ireland also mentions a range of other policy and legislative measures to address racism. Question 4: The response by Ireland outlines how their NCCRI has assisted it in combating racism and promoting positive diversity management programmes. Question 5: Ireland signed the ICERD in 1968 and ratified it in 2000. Ireland has also agreed to individual petitions under Article 14. The government of Ireland points out that it has engaged in very successful dialogue with the Committee of the ICERD concerning its recommendations. Question 6: The NCCRI has published a major research project on good practices in Ireland, Northern Ireland and Scotland. Italy Question 1: Italy is in a position to assess the implementation of the DDPA in order to fully implement agreed principles and operational recommendations included therein, in line with the commitments of EU Member States within the Regional Seminar for the preparation of the Durban World Conference promoted and organized by Italy. Question 2: According to the substantial contents of the DDPA, with specific regard to contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance, measures and instruments to assess and combat this phenomenon in Italy apply to all potential victims in all the fields in which discriminatory conducts and acts are put in place. Question 3: The fight against all manifestations of racism, racial discrimination, xenophobia and related intolerance is at the core of the Italian Constitution and its judicial code, which are both focused on the principle of non discrimination and, more widely, on the protection of individuals. The Italian government acted promptly to transpose EU Directive 2000/43/EC by adopting Legislative Decree No 215/2003. This Decree has the added value of affirming the equal treatment of all persons in the public and private sectors with regard to many and varied rights. A Racial Anti-Discrimination Bureau (UNAR) has been established in the Prime Minister’s Office. This Bureau has opened 351 discrimination files and in 218 of these cases objective discrimination has been found to have been suffered by the victim. In 2006, the Office worked on a study to guarantee support to victims of discrimination. Territorial focal points are also involved in the implementation of information and awareness raising campaigns. Question 4: Italy worked in close collaboration with all the existing mechanisms and bodies within the UN system, in particular replies to questionnaires by some Special Rapporteurs and Independent Experts since 2002 as well as the organization of a visit by the Special Rapporteur on racism, racial discrimination, xenophobia and related intolerance. Question 5: Italy ratified the ICERD and reports periodically to the CERD. Question 6: Good practices have been promoted in the field of sports events as well as in schools and universities in the framework of the initiatives of the European Year of Equal Opportunities. An anti-racism slogan was adopted for a marathon in Rome. Also, during this weekend, anti-racism banners were shown at football, volleyball and basketball events. Three workshops were held in universities on the issue of racial discrimination against Roma and Sinti. Other activities and events have also been organized in primary and secondary schools. UNAR has fostered other initiatives in the field of employment. Japan The government has continued to promote human rights education and numerous activities to enlighten people on human rights protection. It has found important to ensure that school children study how to properly respect their basic human rights, deepen their level of understanding of different ethnic groups, and eliminate racial or ethnic discrimination and prejudice. Elementary schools, junior high schools and senior high schools provide guidance on matters regarding respect for human rights through overall education activities. These schools also provide education that will lead to deeper understanding and respect for the ways of life and cultures of peoples of foreign countries. The Constitution of Japan stipulates that all people are equal under the law. The dissemination and expression of racially discriminatory thought which damages honour or credit of a certain individual or group can be penalized under the crime of defamation. In addition, intimidatory content aimed at specific individuals can be penalized under the crime of intimidation in the penal code. Regarding discrimination by private individuals if an illegal act has been committed those who commit it are liable to damages Japan acceded to the International Convention on the Elimination of All Forms of Racial Discrimination in, thereby demonstrating its commitment to these values. Japan as a state party has been striving and will continue to strive to eliminate all forms of racism, racial discrimination, xenophobia and related intolerance Latvia Question 1: Latvia incorporated the two major sources of EU legislation (Directives on Racial Equality and on Employment Equality), into its national legislation and continues to supplement it. The directives address discrimination on the ground of race, ethnic origin, religion, disability, age and sexual orientation. The core national legal acts that now include these elements are the Labour Law, the State Civil Service Law and the Administrative Violations Code. Amendments to other acts of legislation have been drafted. Question 2: Latvia makes an effort to prevent manifestations of racism and intolerance, and uses all measures to combat it where it occurs. The number of complaints to the Ombudsman on racial discrimination has been growing over the past years, showing that the public considers this a credible mechanism to address their human rights problems Question 3: Concrete measures undertaken are listed in reply to question 5 Question 4: Latvia considers the existing Durban follow-up mechanisms adequate, both at national and international levels but cautions against proliferation, duplication, and overlap of mechanisms dedicated to combat racism and intolerance Question 5: Three major provisions were added to the Criminal Code between 2005 and 207, one criminalizing incitement to genocide, another introducing racist motivation into the list of aggravating circumstances to be taken into account by the courts when deciding upon a sanction, and another clarifying the distinction between racial discrimination and racist speech. There were also other provisions that entered into force in 2007 relating to incitement to national, ethnic and racial hatred, breaches of prohibition of discrimination and incitement to religious enmity, all with corresponding penal provisions. In April 2004 the Labour Code was amended to introduce a clear prohibition of discrimination, including on the grounds of race, skin colour, religious belief and national origin. The code also contains provisions allowing for a shared burden of proof in discrimination cases. Similar provisions were incorporated into the Law on Social Security. Two main policy documents have been developed and are implemented with the focus of preventing and fighting discrimination; these are the National Programme for the Promotion and Tolerance and National Programme “Roma in Latvia” and National Programme “Roma in Latvia” with a corresponding Action Plan which aim to promote inclusion and integration of Roma community. Question 6: A Latvian court recently ordered a company to pay compensation for mental anguish suffered by a Roma woman who had been discriminated against on ethnic grounds. This set a positive precedent. The Secretariat of Special Assignments Minister for Social Integration has developed a number of innovative initiatives in the area of education that promote the rights of the Roma in Latvia. (425) Lebanon In its response to the core questions and the annex, Lebanon states that it is party to the ICERD and that Lebanese enjoy civil and political rights on equal basis; there is equal treatment before the law. All persons, Lebanese or foreigners, are equal before criminal courts, according to the criminal procedure law. All Lebanese laws prohibit the use of violence against individuals, including torture. Article 401 of the Penal Code provides that anyone who uses illegal force shall be liable to imprisonment from 3 months to 3 years. Other rights guaranteed in the constitution are participation in public and political life, freedom of religion and belief, equal pay and right to education. Lebanon has established a human rights section within the Directorate of the Internal Police Force. This section is supposed to protect human rights among security staff, raise awareness, protect human rights, prepare draft laws and by-laws in line with human rights, educate and document all that is related to human rights, conduct research on specific cases related to human rights, coordinate with grassroot level organization, regional and international on human rights issues, create a data base on human rights in the country. Lebanese law has remedies for all crimes including crimes related to racial discrimination. Security forces do not discriminate between Lebanese and foreigners or between races. Lebanon is party to the protocol on trafficking; although the criminal code does not mention trafficking as a crime, it provides for sexual exploitation. All migrants to Lebanon, legal or illegal, are governed by the law and their affairs are organized according to a law called Entrance to Lebanon and Residence of 1962. This law does not contradict with international human rights law and deals with all on the basis of equality. Lebanon is committed to the Convention Against Torture in accordance with civil and political rights. Lebanon is not a country of major refugee destination and is not party to the 1951 Convention on Refugees nor to the protocol or issues related to the refugees except for Palestinians according to the MoU signed between the Government of Lebanon and UNHCR. Lebanon respects the rights of asylum seekers and refugees recognized by UNHCR. Internally displaced Lebanese are provided with support by the government until they are returned back to their original villages; it is worth mentioning that there was a big displacement took place in Lebanon in the past that caused this. Liechtenstein Question 1: Liechtenstein implemented several measures and programs in the framework of a National Action Plan against Racism. Improvements have been achieved with regard to the legislation, awareness raising and the dissemination of relevant information. Question 2: Manifestations of racism, racial discrimination, xenophobia and related intolerance have been decreasing in the last years and are very rare in general: The Government has mandated the Violence Protection Commission to develop a strategy against right-wing extremism in Liechtenstein. Question 3: Following the Durban Conference, the Liechtenstein Government established a Working Group tasked with the elaboration of a five year National Action Plan against Racism (following NAP). Between 2003 – 2007 a series of preventive measures and projects have been conducted in cooperation with the public administration, with NGO’s and representatives of different sectors of the society. A more restrictive interpretation or a revision of article 283 Criminal Code with regard to the public display of racist paraphernalia is currently under examination. Question 4: The Durban follow-up mechanism has so far neglected to strengthen measures aimed at inducing UN member States which are not yet parties to the ICERD and its individual complaint mechanism to adhere to this legal instrument and its monitoring regime without delay. The establishment of specialized regional monitoring mechanisms, such as the European Commission on Racism and Intolerance, should be promoted in the Durban follow-up process. Question 5: Liechtenstein ratified the Convention in 2000 and provided to the Committee on the Elimination of Racial Discrimination three country reports without delay. The recommendations of the Committee are being implemented in the framework of the National Action Plan against Racism. Question 6: Liechtenstein holds as a good practice the centralizing of questions relating to the fight against racial discrimination and related intolerance within one central standing body in the public administration also serving as contact point for interested persons and victims likewise. In this way, implementation of measures as well as reporting obligations under different international and regimes can be better coordinated. The Office of Equal Opportunity in Liechtenstein not only deals with issues of racial discrimination but also with other forms of discrimination in general. The Office is backed up by a high level Commission of Equal Opportunity, headed by the Permanent Government Secretary and consisting of the Chief of Police as well as the Directors of the six national offices dealing with the cross cutting issue of equal opportunity. Liechtenstein also provided replies also to the questions in the Annex. Norway Question 1: The Norwegian Plan of Action to Combat Racism and Discrimination (2002-2006) has incorporated many recommendations of the Durban Declaration. The needs of ethnic minorities are included in broad general programmes or policies at the various administrative levels, state, regional and local. In 2006 three new institutions started their operations (Equality and Anti-Discrimination Ombudsman, Equality and Anti-Discrimination Tribunal, and the Directorate of Integration and Diversity). The Anti-Discrimination Act also came into force in 2006. Other initiatives have been started at the policy level to provide better protection to minority populations. A lead ministry responsible for coordinating policies in the field of anti-discrimination was also created. Question 2: Subtle forms of discrimination, especially in the labour and housing markets, have been reported to continue to exist in the Norwegian society. The anti-discrimination Ombudsman receives most complaints of discrimination based on ethnicity in employment. Unemployment among the immigrants is considerably higher than in the population in general. Vulnerable groups such as vocationally disabled, youth and long-term unemployed are therefore considered target groups in market policy, and are given priority when it comes to labour market measures. It has been observed that immigrants from certain places (eg Iran, Somalia) experience most discrimination while men experience more discrimination than women. The Ombudsman has proposed new measures to tackle the problem that the Government is now considering to combat discrimination exercised by public sector authorities. Question 3: The Plan of Action to Combat Racism and Discrimination has 48 measures covering the areas of labour market, education, law and order sectors, internet, local communities, racist expressions and others. The Equality and Anti-Discrimination Act on prohibition against discrimination based on ethnicity, religion, etc applies to all relevant areas of society. The Ombudsman has the task of monitoring the implementation of the provisions contained in the Act. A Commission to propose a comprehensive anti-discrimination legislation was appointed by the Government in 2007 and will submit its recommendations in 2009. Question 4: Norway considers it important to combat multiple discrimination and incorporate gender perspective in all efforts against racism. States and NGOs should work together and promote tolerance. Question 5: Anti-Discrimination Act and other relevant legal amendments transform ICERD into Norwegian law. The Equality and Anti-Discrimination Ombudsman monitors the compliance with ICERD. Question 6: Good practices include promoting policies of hiring immigrants in public and private spheres, moderate affirmative action in 12 government services and the establishment of a Roma People’s Fund which is aimed at improving opportunities for cultural activities and discontinuing the policy of assimilation towards the Romani people. (411) Portugal Question 1: The High Commission for Immigration and Intercultural Dialogue (ACIDI) has been very active in the areas of racism, racial discrimination, xenophobia and related intolerance in Portugal and has established numerous projects and initiatives. In 2004 it created the National Immigrant Support Centres (CNAI) in Lisbon and Oporto cities. ACIDI has also created the Local Immigrants Support Centres (CLAI), a local netwok that provides information for migrants. The Government has implemented a National Plan for the Integration of Migrants. Since 2003 the National Action Plans for Inclusion developed specific measures aimed at immigrants and the Roma population. Resolution of Council of Ministers in 2007 approved a Plan for Immigrant Integration covering areas such as employment, education. In 2007 a new service was set up to report illegal and xenophobic contents found on the internet. Question 2: The pattern of racism manifestation has not changed in the last years. There are slight and subtle manifestations, not blatant and open. The work of ACIDI and the work of national human rights institutions have helped in the struggle against racism. Question 3: The transposition of European Race Directive is one of the elements of the Portuguese legal machinery against racism. The Criminal Policy Framework Law of 2006 established that the Portuguese criminal justice system had to define priorities regarding the prevention and investigation of crimes, including racial ones. The Social Inclusion Benefit under a 2003 law was developed as a social policy measure covering foreigners legally resident in Portugal. This is a new citizenship right that is not linked to economic activities. A law that came into effect in 2007 established the new juridical regime of entry, residence, departure and deportation of foreigners in national territory including the creation of a single residence document and elimination of preventive detention for illegal immigrants. There was also the approval and entry into force of a new criminal code bringing Portuguese law closer to the European Commission’s policy on race-based discrimination Question 4: The international mechanisms are effective, not only those at the UN level but also those at the European level. Question 5: Portugal presented reports to the CERD, the last being in 2004 Question 6: A system of “socio-cultural mediators” is operational in Lisbon and Oporto, with 97 such mediators currently. ACIDI created the Roma Communities Support Cabinet aimed at ensuring upward social mobility to Roma communities. Another innovative programme called “My school against discrimination” has been established. Qatar The Government of Qatar has taken measures to combat racism and to guarantee the rights of the individuals to enjoy human rights on equal basis. The constitution is the first document that provides for justice, freedom and equality; people are all equal before the law without discrimination; there are no articles providing discrimination between citizens and residents; all legal residents enjoy the protection of the law, the right to vote and run for office is only enjoyed by citizens but there is nothing in the law that denies foreigners the right to petition government on any issue; the right to religion of belief, the right to equal pay for equal work, the right to adequate housing, health, education, access of public places and right to cultural life apply to citizens and residents. In addition to ratifying the ICERD Qatar has taken measures to guarantee diversity within the legal and political systems. The issues of racial incitement and racial hatred are mentioned. There are judicial remedies for all people. International treaties have the same force as national law. The responsibility of combating racial discrimination, xenophobia and related intolerance is a responsibility of the state and there is a process under way to establish a national plan to enhance human rights. Based on this national plan, a sub-preventive plan to combat racial discrimination and xenophobia will be considered aiming at enhancing diversity, equality, social justice and the participation of all with the aim of creating an enabling environment for everybody to actively participate in decision-making and to realize civil, political, economic, cultural and social rights without discrimination. Society in Qatar is diverse and there are many migrant workers and no xenophobia and intolerance has been observed; this diversity would create racial problems if preventive measures were not taken; that is why the government is taking all the measures to promote the participation of all on equal basis. All the residents of Qatar have a right to learn their own languages in private school. The national commission on population has recommended the establishment of communities of migrant workers which are easily accessible to their places of work and relatively isolated from families’ residences, a thing that may be considered a form of discrimination. There are laws under way that include protection for domestic workers. The state is witnessing a dynamic development in the legal development which includes laws against racism such as the law on nationality, civil service and housing. There are recommendations about reuniting migrant workers’ families and others. There are also measures to raise awareness and diversity. Romania Question 1: Efforts by Romania materialized in the adoption of a comprehensive and coherent legislative framework and in the establishment of institutions with competencies in combating racism. There have also been a series of strategies and public policies developed and implemented to promote diversity and equal opportunity containing specific measures for disadvantaged and vulnerable groups. Question 2: There have been isolated public manifestations in the context of certain sporting events. Intolerance and discriminatory manifestations towards members of the Roma minority still exist. People are entitled to bring cases of discrimination before courts and any person can file a complaint to the National Council for Combating Discrimination (NCCD) or to the Ombudsman. The NCCD statistics show that cases of discrimination based on ethnicity are prevalent. Two administrative sanctions were applied for violations of race-related anti-discrimination provisions between 2003 and 2007. Question 3: Romanian Constitution, revised in 2003, provides for the principle of equality among citizens. In 2002 the Emergency Ordinance prohibited organizations and symbols with fascist, racist and xenophobic character. Further amendments to the Ordinance offer an extended definition of the Holocaust so as to include the Roma people. Audio-visual Law of 2002 forbade broadcast programmes which contain any form of incitement to hatred, including on the basis of race, nationality and religion. Law on political parties of 2003 ensures the representation of all the 20 national minorities existing in Romania in the Parliament. Law on prevention and combating social marginalization guarantees access to all persons rights of housing, work, medical insurance and education. Law of 2006 on immigration provides legal protection framework for foreigners applying for asylum. Other Governmental decisions taken since 2002 impose an obligation on public institutions to ensure protection of all foreigners. The National Agency for Roma was created in 2004 to address public policies affecting the Roma people. The NCCD has designed a National Strategy for Implementing Measures on Preventing and Combating Discrimination (2007-2013). Other cultural and educational programmes have been started. Question 4: The proliferation of mechanisms aimed at combating racism could undermine effectiveness of anti-.discrimination strategies by dissipating energies and reducing visibility of the initiatives. There is fear of duplication and overlap and there is lack of clarity in the mandates and objectives of the existing mechanisms. Question 5: In 2002 Romania submitted a declaration in accordance with Article 14 of the ICERD recognizing the competence of the CERD Committee. Question 6: Anti-discrimination messages were broadcast by TV and radio stations, with participation by relevant ministries and agencies. Successful projects have been undertaken with civil society, such as the Roma Health Mediator which addresses complex health issues faced by Roma community. (425) Russian Federation In the Russian federation there are no political parties, whose platforms are based on ideas for racial superiority and the political process in the country is in accordance with the respect of the principle for non discrimination and fight against racism in political, social-economical and cultural spheres. The Constitution of the Russian Federation 1of 993 forbids any kind of discrimination. Legal provisions forbidding discrimination in the area of employment were included in the Labor Law. In particular, article 3 of the Labor Code (N o.197-$ of 30 December 2006) forbids limitations of labor rights and freedoms of anyone, on the ground of race, skin color, nationality, language, origin, place of residence, religion and political beliefs. In July 2002, the Government adopted Federal Law No.114- $ on counteractions against extremists acts (amended on July 2006 and May 2007), which defined legal and organizational grounds for fighting extremism. The law contains a definition of  extremist acts . In order to fight all forms of nationalis m and intolerance, in 2006 Public Chamber of Russian Federation, within which framework functions the Commission of Public Chamber on issues of tolerance and freedom of conscience. In 2001 the Government adopted draft Federal targeted programme “Formation of basis of tolerant consciousness and prophylactics against extremism in the Russian society (2001-2005) “ In May 2006, in Moscow, the leaders of 12 political parties signed the Pact for counteracting nationalism, xenophobia and religious hatred. In May 2001, the Federal law No.49- $ on territories of traditional use of nature by indigenous people. In accordance with order No.185-p of 21.02.2005, in the Ministry of regional development of the Russian federation there is an ongoing work for the prepar ation of normative documents for the establishment of territories for traditional use of natural resources by indigenous people. The rights of minorities are guaranteed in the Constitution and the Federal Law of April 1999 No. 82- $, and in other federa l normative acts. The Federal Law on national-cultural autonomies was amended in June 2004 entitling them to financial support for the preservation of the national origin, development of mother tongue and national culture. The Federal Law “Legal Grounds of the Russian Federation on Culture”, lastly amended in January 2007, guarantees people and ethnic groups the right to “preserve and enhance their cultural-national identity, protection, restoration and preservation of native culturally-historical areas of residence”. In December 2003, the Penal Code was amended with article 127 on trafficking in persons. During 2007, there were 200 cases on xenophobic attacks and conflicts. Senegal Question 1: The Senegalese Government is in the process of establishing a formal mechanism to evaluate the application of the DDPA at the national level. So far no complaint has been received in the justice system touching on the issue of racial discrimination. Question 2: Todate there are no racist actions known in the country. Senegal embodies tolerance and has an old tradition of harmonious co-existence of cultures and dialogue of religions in a nation comprising 94% muslims, 5% Christians and 1% atheists. The former president of Senegal, Sedar Senghor did not come from a majority ethnic group and was a Catholic, and was presiding over the country for over 20 years, which demonstrates that the society in Senegal is open and is based on individual merit. Marriages between people of different ethnic groups are common and considered natural. Question 3: The state has adopted, before the adoption of the DDPA, a number of legislative measures aimed at addressing the issue of racial discrimination. This has ensured the enactment of laws with relation to Article 4 of the International Convention on the Elimination of Racial Discrimination. These laws include those on illegal associations, seditious associations, political parties, racial and religious discrimination. The penal code also has provisions focusing on non-discrimination and providing for severe sanctions against discrimination. This applies also in other domains such as nationality, employment and social security, and family. In 2006 by a decision of the Government, a reform was made providing for medical cover of a husband and children by the wife, which was originally only applicable to the husband. Senegal also created a High Commission for Human Rights and the Promotion of Peace, which works on human rights issues. Question 4: The different follow-up mechanisms of Durban have held regular sessions and have been dealing with racism issues. However, it is important to explore look at the following issues in their mandate: insist on human rights education, plan to articulate problems related to racism in the periodic reviews of the Human Rights Council; examine aspects linked with the fight against poverty; provide for better coordination before the different mechanisms. Question 5: Senegal has complied with ICERD and has put in place a number of national measures in the judicial and constitutional spheres. The constitution is consistent with ICERD and the structures and laws in conformity. The ICERD is incorporated in national legislation, as is the case with the penal code and laws on seditious associations. Question 6: The Senegalese constitution provides equal access of land between men and women. In that regard, there is no law prohibiting the acquisition of land in Senegal by foreigners. Slovak Republic Question 1: In its 2002 manifesto, the Government of the Slovak Republic made a commitment to guarantee civil freedoms and human rights and to “combat all forms of intolerance”. Also, since its entry into the EU in 2004, the government has pursued the relevant EU human rights policy and directives on racial equality and employment equality which are applicable within the jurisdiction of EU member states. Question 2: The rise of discrimination is of concern and in the context of the Durban Declaration and Programme of Action has enabled the international community to have a consensual strategy to combat racism, racial discrimination, xenophobia and related intolerance. Question 3: The Anti-Discrimination Act has been in force since July 2004 and it regulates the application of the principle of equal treatment. It contains provisions on equality that are embedded in the constitution, national laws and international treaties. The Anti-Discrimination Act transposed several EU directives into Slovak legislation, which introduce new legal concepts that had not been addressed by Slovak laws on discrimination and which extend the grounds on which discrimination is prohibited. The Action Plan for the Prevention of all forms of discrimination, racism, xenophobia and intolerance has been updated several times since it was first prepared in 2000. The 2006-2008 Action Plan lists the priorities to be pursued, which include training, investigation, legislation. Intensified monitoring, implementation of activities aimed at disadvantaged members of the population, promotion of cultural activities and other promotional work pursued by the inter-ministerial group charged with the implementation of the Plan. In 2004 the competence of the Slovak National Centre for Human Rights was extended to expand government’s work in combating racism and has improved rights of discriminated Roma people. Question 4: The DDPA created the basis for the international community to tackle racism and the review conference should serve as an evaluation mechanism. But the multiplication of follow-up mechanisms could create overlaps that could undermine the process. Question 5: In August 2004 the Committee of the CERD assessed two periodic reports of the state. In May 2008, in line with the recommendations of the CERD, three more periodic reports will be presented, addressing all the concluding observations made in 2004. The Criminal Code that became effective in 2006 has enacted criminal sanctions for activities which lead to the infringements of human rights in relation to racial discrimination and hatred. Question 6: The Slovak government employs a wide range of strategic instruments, including financial programmes and initiatives, to meet its commitments in the struggle against racism. There have been eight projects that have been focused on awareness raising on discrimination-related issues. (422) Sweden Question 1: Sweden’s national anti-discrimination legislation has been strengthened since the DDPA’s adoption and two national plans of action have been adopted and followed up, with a number of initiatives focusing on affirmative action, education, sensitization to law enforcement personnel, creation of a migration court and the protection of national minorities and minority languages. Sweden has also observed EU directives on discrimination. Given the provisions of the DDPA, Sweden sees no need to elaborate a new action plan and is of the view that the review conference should focus on reviewing implementation and identifying gaps. Question 2: Racist abuses occur in Sweden on a regular basis in spite of the efforts made. Hate crimes including Islamophobia, anti-semitism and xenophobia continue to be identified in police reports. Since 2001 the number of complaints submitted to the Ombudsman Against Ethnic Discrimination has increased from 400 to 800, but this could also be due to the increase in public awareness. Question 3: A new policy provision in the Instrument of Government, which took effect in 2003 ensures that public institutions combat discrimination, strengthening similar constitutional guarantees. The Prohibition of Discrimination Act of 2003 also addresses the problem and gives Sweden’s four anti-discrimination ombudsmen supervisory authority. The Act Prohibiting Discrimination and Other Degrading Treatment of Children and School Students prohibits discrimination based on ethnic background. There are four anti-discrimination ombudsmen and there are plans to consolidate this legislation to offer better protection. The 2006-2009 national plan of action on human rights addresses discrimination in the enjoyment of economic and social rights, including the right to work, housing, health and education. Anti-discrimination programmes have been elaborated in state-owned companies. The Living History Forum created in 2003 provides education on intolerance. Hate crimes have been pursued and prioritized since 2003 and the police has provided training on the subject. In 2007 the Government introduced a Re-Entry Jobs scheme for newly-arrived immigrants. Question 4: Proliferation of mechanisms could undermine the combat against racism and they need to be streamlined. States should also cooperate more with special procedures. Question 5: Sweden submitted its seventeenth and eighteenth periodic report in December 2006 as required by the CERD. Issues raised by the CERD are attended to in detail. Question 6: The preparation of a “White Paper on Intercultural Dialogue” and the reports on “Hate speech” and the “Wearing of religious symbols in public areas” by the Committee of Experts for the Developemnt of Human Rights (within the framework of the Council of Europe) constitute a good practice. Work on other areas such as democracy, improving accountability and increased use of information, communication and media are also good practices. Switzerland Question 1: Following the Durban Conference, Switzerland created the Service for the Fight Against Racism which is the interlocutor within the federal administration on all questions regarding racism, anti-semitism and xenophobia. The service gives financial aid for training projects and sensitization work through “Projects against racism” which had an amount of 15 million francs between 2001 and 2005 and an annual amount of 1.1 million from 2006, most of this directed to education projects. The Federal Commission Against Racism, created in 1995, also works on sensitization, and its president also holds the position of ombudsman on racism issues. The new law on foreigners puts emphasis on integration. Question 2: Like in many countries, racism is present in Switzerland and the Swiss authorities at all levels are aware of the problem. The last report of Switzerland to the CERD Committee points out to this problem. A representative of the OSCE working on the issue of intolerance visited Switzerland in 2007 and described the situation of muslims as being satisfactory, and even better than some European countries, particularly in the areas of education, housing and purchasing power. Question 3: The government has established structures to facilitate the integration of foreigners and fight against racism. The new law on foreigners became effective in January 2008, elevating for the first the policy of integration to a national task anchored in the law. In this regard the departments and federal offices concerned drafted a catalogue of 45 measures to give this effect, for a sum of 50 million francs. Measures include improvement of migrant healthcare, professional integration of women, training, tracking racism on the internet and the elaboration of media codes of conduct. Question 4: Switzerland is of the view that in spite of the many mechanisms, the states are not sufficiently sensitized to undertake reports on the implementation of the DDPA at the national level, and considers the questionnaire an important development in this regard. Question 5: Switzerland has ratified many conventions including the ICERD and the constitution provides the procedure to follow in case of the violation of an international treaty. The military penal code makes it a crime to incite hatred or racist ideology; the civil code also protects workers, and the law on foreigners provides further protection. Question 6: Since 2004 Switzerland participates in the Task Force for International Cooperation on Holocaust Education, Remembrance and Research which allows an exchange with specialists on the best measures on the ground. Switzerland has also undertaken other measures in the public domain to eradicate racism. Syria In answers to the annex to the questionnaire, Syria states that it does not suffer from the problem of racial discrimination. Measures have been undertaken by Syria to prevent discrimination. Citizens and residents enjoy human rights equally. There are no hate crimes. The constitution has guaranteed all rights such as equal treatment before courts and tribunals, rule of law, access to justice; legal remedies are guaranteed by law; everybody has a right to participate in political and cultural life, right to religious belief, adequate housing, equal pay for equal work, access to public places, and others. Legislative measures include the penal code which criminalizes any act that affects the belief of others. All treaties that Syria is a party to are integrated in the national legislation. There is no apartheid and no judicial precedent on racial discrimination. Syria is a party to the 7 human rights treaties. A 5-year plan is being put together and it will deal with among other issues respecting diversity, equality and social justice. The government provides social services to all residents of the territory without discrimination; it has provided services to refugees and others. Syria is building partnerships with civil society organizations in the execution of the programmes in human rights. The government monitors the phenomenon of racial discrimination in order to be ready if there are any issues to be addressed and strategies to be developed. Syria throughout history has been a strong opponent of racial discrimination. The curriculum on religion tackles this problem, and Islam has addressed the problem by stating that all human beings are equal. In the national curriculum there is an attempt to promote tolerance. The Ministry of Culture uses books and publications to fight against discrimination, and promotes films that raise awareness on racial discrimination and prohibit films that depict discrimination against ethnic or religious groups. Although the phenomenon of racial discrimination does not exist, some articles of the penal code refer to inciting against specific groups or being a member of an association aiming at inciting groups. Syria does not have indigenous peoples or people of African descent. A law has been enacted on immigration and a specialized committee has been established to draft two laws on immigration and asylum. Syria is known as one of the best countries to deal with refugees. 10% of the population in Syria is either Palestinian refugees or Iraqis. All Syrian laws forbid anti-semitism, anti-arabism and hatred for Islam. The penal code criminalizes publication of materials that incite against different religious groups and promote racial discrimination. Togo Question 1: The constitution of Togo provides for the protection of all and prohibits all forms of discrimination. It provides that all manifestations of a racist or regional or xenophobic character are prohibited and are punishable by the law. The law on political parties also prohibits such conduct. All legal, constitutional and legislative provisions contribute to the combat against racism. Racial discrimination, xenophobia and related intolerance. The creation of the ministry of human rights and the establishment of institutions such as the National Commission for human rights, the High Authority on Audiovisual and Communication, constitutional court among others create the conditions necessary for the fight against discrimination. Question 2: Ethnic-based discrimination exists in all domains of life Togo but it does not manifest itself in a violent way except during the elections. It should be noted that the creation of associations with ethnic character and the creation of ethnic-based political parties, as well as immigration and massive displacement of populations bring about ethnic and regional divisions. Xenophobia is more nuanced because it does not present itself in the day-to-day life because the foreigners and Togolese do not have the same perception of it. Initiatives undertaken to eliminate these forms of discrimination include mechanisms for mutual knowledge between tribes, education, adoption of laws providing for punishment for acts of tribalism, political decentralization and national reconciliation. Question 3: Measures and initiatives include: protection of vulnerable groups, promotion of social citizenship by provision of services to all, fight against impunity, ratification of treaties, decision-making, mobilizing civil society actors, working with the media, promoting education programmes, and promoting international cooperation. Question 4: Togo believes that the mechanism is essential for the application of the DDPA. The mechanism should be accorded the same means as the treaty bodies. It should have the right with regard to the actions being undertaken by the states. The government of Togo believes it is important to have a close collaboration between these mechanisms and the committee of the CERD in order to ensure harmony between them. The Durban mechanism should also have autonomy of action and that the experts should serve in their personal capacities. Question 5: Togo ratified the ICERD and has integrated it in its judicial system through article 50 of the constitution. Concrete measures are in the process of being taken in the legal modernization process under way. Sensitization on the content of the convention is planned in the national promotion programme undertaken by the ministry of human rights with the support of UNDP from May 2007. Question 6: Togo cites the respect of foreigners as a good practice as well as hospitality which is inspired by African traditions which consider a foreigner as a harbinger of happiness. Turkey Question 1: There have been far-reaching changes in the country’s criminal code to reflect commitment in fighting racism and discrimination. A new governmental body, the Minority Issues Assessment Board, has been in operation since 2004 addressing problems encountered by non-muslim minorities. The Human Rights Presidency of the Office of the Prime Minister organized a number of roundtable meetings and initiated projects which touched on the issue of combating racial discrimination and related subjects. Turkey has taken part in the elaboration of policies aimed at elimination and prevention of contemporary forms of racial discrimination in the Council of Europe. Human Rights Boards conduct information activities such as preparing training sessions, seminars, TV programmes and printing publications for relevant purposes including the fight against racism and xenophobia. Question 2: The international community still experiences racism and intolerance in spite of tangible progress achieved in the elimination of institutionalized forms of racial discrimination. Turkey believes that a successful strategy has to include international and national levels. In this regard Turkey works closely with Council of Europe and OSCE. Question 3: The Criminal Code that entered into force in 2005 defines discrimination as an offence and penalizes acts of discrimination including on race. It also defines genocide ands crimes against humanity, including acts against members of a racial group. The Law on Associations that entered into force in 2004 prohibits the establishment of associations advocating supremacy of a certain race. A by-law was adopted in 2004 stipulating that textbooks should not contain language against rights such as race-based discrimination. The legislation regulating broadcasting includes provisions on non-discrimination. Question 4: Turkey has played role in the Intergovernmental Working Group on the effective implementation of the DDPA, the Working Group of People of African descent and more recently the Ad Hoc Committee on the elaboration of complementary international standards. It will be bringing contributions to the Open-ended Inter-Governmental Working Group. Turkey is of the view that the review conference should not be overloaded with new issues Question 5: Turkey ratified the ICERD in May 2002 and the convention entered into force for Turkey in October of the same year. In 2007 Turkey presented its initial, second and third periodic reports in a single consolidated document, outlining the legislative, judicial, administrative and other measures which give effect to the provisions of the ICERD. Question 6: Turkey is involved in OSCE work in the field of promoting tolerance and non-discrimination and has nominated its citizen as Personal Representative to the OSCE Chairman-in-Office on combating intolerance and discrimination. Also, Turkey acts as the co-sponsor of the Alliance of Civilization Initiative. United Kingdom With regard to the questions contained in the annex of the questionnaire, the United Kingdom indicated that it has a comprehensive body of legislation outlawing racial discrimination and providing protection under the criminal law from racist crime and incitement to racial hatred. This legislation includes statutory duties on public authorities to tackle racial discrimination and promote equality of opportunity and good race relations. It went on to describe several such pieces of legislation that relate to acts of racism and that prohibit discrimination in employment, training, the provision of goods, facilities and services, education, housing and certain other activities. Also, a general duty exists on the main public authorities to promote race equality. The Government is currently undertaking a Discrimination Law Review, which is reviewing of the whole of Britain’s discrimination law with a view to producing a more streamlined legal framework. There also exists in the United Kingdom legislation that makes it an offence to use or publish insulting or abusive words (or behaviour) with an intention to stir up racial hatred or, in the circumstances, racial hatred is likely to be stirred up other legislation that specifically includes racially aggravated offences. Under the Human Rights Act 1998, the UK has incorporated the European Convention on Human Rights into domestic law, with the incumbent obligations that this implies. The government has taken measures to promote higher participation in local government by afro-descendent and minority ethnic women by studying barriers to participation and formulating recommendations. There are two independent national human rights commissions in the United Kingdom that promote human rights, including non-discrimination: the Commission for Equality and Human Rights (EHRC) and the Northern Ireland Human Rights Commission (NIHRC). A third, the Scottish Commission for Human Rights (SCHR), is in the course of being established. In January 2005, the government launched a national strategy to increase race equality and community cohesion, called Improving Opportunity, Strengthening Society. It focuses on areas such as education, the labour market, health, housing and the criminal justice system, as well as tackling racism and extremism. The United Kingdom is a party to the International Convention on the Elimination of All Forms of Racial Discrimination but it remains to be convinced of the practical value to the UK citizen of rights of individual petition to the United Nations. The response by the United Kingdom indicated that it complies with the provisions of several international legal instruments that protect international human rights, refugees and humanitarian law relating to refugee, asylum-seekers and displaced persons. Uruguay Question 1: In its response to this question, the government of Uruguay points to the creation of the Human Rights Directorate within the Ministry of Education and Culture, the mission of which is to promote compliance with and respect for human rights. Within the directorate there is a body that coordinates and promotes public policies for affirmative action with regard to people of African descent at the national, departmental and regional levels. In 2004, Uruguay approved a law against racism, xenophobia and all forms of intolerance and created the Honorary Commission Against Racism, Xenophobia and all forms of Discrimination, conformed of State representatives and civil society. The Commission proposes national policies and concrete measures to prevent and combat racism, xenophobia and discrimination. Question 2: Discrimination in Uruguay manifests itself in inferior incomes and levels of education. Statistical evidence shows that education levels of afro-descendents are lower than those of the white population. Uruguay’s Equity Plan will attempt to address this imbalance. As regards employment, afro-descendents are more commonly found performing unskilled labour. Question 3: The response indicates that Uruguay has created several mechanisms and policies designed to address discrimination against vulnerable sectors of society, particularly afro-descendents. These include specific initiatives to address the situation of afro-descendent women and young people. Question 4: The government of Uruguay considers that the current Durban follow-up mechanisms are insufficient and that there is a need for affirmative action, particularly in the realms of education and employment. Scholarships should be created at all levels of education for the economically disadvantaged. Also, education should promote human rights and include in the curriculum the history of slavery of afro-descendents forebears. Question 5: The government of Uruguay states in its response that it ratified the ICERD in 1968 and that discrimination is criminalized in the Criminal Code. In compliance with recommendations made by the CERD in 1999, the government sort disaggregated information on afro-descendents in its household survey. Question 6: Mention is made of several initiatives to combat racial discrimination such as programmes to access education for disadvantaged sectors of society, official recognition of afro-descendent women achievers and the participation of Montevideo in the Coalition of Cities Against Racism. Venezuela In answer to the questions contained within the annex to the questionnaire the Venezuelan government made reference to internal legislation that protects human rights, particularly the Constitution, which gives pre-eminence within the national legal framework to international human rights treaties ratified by Venezuela. It also pointed out that the Constitution, in its Article 19, guarantees the respect of human rights for all persons. The Defensoria del Pueblo is mentioned as the state body charged with defending human rights, and Venezuela’s response describes the various functions attributed to this body to carry out its mandate. The rights to non-discrimination and equality are mentioned as important elements of the Defensoria’s mandate. The response makes reference to several programmes and projects related to health issues, particularly directed at addressing the needs of the most vulnerable sectors of society. Mention is made of the Presidential Commission against discrimination that was created in 2003 and a proposal to create a law against racial discrimination. Also, reference is made to broad policy lines designed to generate social inclusion and which foster non-discrimination and specific missions designed to benefit more vulnerable sectors of society, including victims of discrimination. As regards the participation without discrimination of women in society, the response points to an ample participation of women in posts of significant responsibility in government and the State, and outlines the work and mandate of institutions charged with advancing the participation of women, as well as laws formulated with the same end. Similar measures have been adopted as regards afro-descendents and the indigenous population. Statistical information on afro-descendents is gathered and analysed by a Sub-Committee of the National Statistical Committee formed for the purpose in August 2007. Information on racism and programmes to combat this phenomenon in accessing education are organised by the Presidential Commission for the Prevention and Elimination of all forms of Racial Discrimination and other distinctions in the Education System. The response indicates that human rights training has been provided to several key branches of the civil service since 2000. Social organisations work collaboratively with the State in confronting inequalities, discrimination and diverse forms of intolerance. In keeping with this, the State created an Office for relations with indigenous communities and an Office for relations with afro-descendent communities. Through these offices, the State maintains a permanent dialogue with these groups. Also, the State is currently implementing four projects directed at people of African decent with the collaboration of UNICEF and the Office for relations with afro-descendent communities. FROM NON-UN MEMBER STATES Holy See The Holy See, in the Compendium of the Social Doctrine of the Church (2004), articulated in a systematic approach many of the concrete concerns relative to racism and all forms of discrimination, with a view to helping the Catholic community and the human family as a whole reflect on these issues. The Compendium is currently translated into 33 languages. The Holy See has participated in many international forums to collaborate with other governments and NGOs on finding ways of eliminating racism and discrimination and has participated in many initiatives such as trafficking, facilitation of return for refugees and displaced persons, and others. The Holy See has also been following closely the meetings of the UN on the subject of racism The Holy See is concerned about the flagrant violation of the right to freedom of religion. Despite commitments made in Durban, there are examples of lack of respect for this right, as shown by killings of religious people in Kenya and in Turkey as well as in many places in the world where Christians and believers have been arrested or detained. In other places states have introduced drastic restrictions on religious freedom. Christians in some areas are being martyred, persecuted or being forced to flee their countries in order to survive. These episodes of religious intolerance serve to highlight the underlying tension around the concept of religious freedom. Racial prejudice, which denies the equal dignity of all members of the human family, can only be eradicated by going to its roots where it is formed. Harbouring racist thoughts and entertaining racist attitudes is considered a sin under the Catholic Church. The Church, on its part, contributes to forming consciences by presenting the Christian doctrine. In recent times there has been evidence of persistent and contemporary forms of racism and th e Church has followed this closely, especially with regard to indigenous people, migrants, refugees and people of African descent. The education of mentalities and consciences is necessary in the effort to combat discrimination. The equal dignity of all by virtue of their existence is the ultimate foundation of the radical equality sought by the Church. People must be helped in the quest for human fulfilment and this is particularly true with respect to the education of young persons As a good practice, the Church has focused on educating people of every race, language and way of life and teach them how to live in harmony and solidarity while respecting different cultures and religions. - - - - -   A/CONF.211/PC.2/3 Page 2 A/CONF.211/PC.2/3 Page 3