He noted that the State party had never reported to the Committee. In August 2003, the Committee had examined the situation in the State party under its review procedure and had adopted concluding observations. Those conclusions had already been sent to Malawi. He himself had sent some additional comments on the situation. In August 2005 and June 2006 the Committee had received written responses to those questions. Amir reminded the Committee that the Special Rapporteur on Prisons and Conditions of Detention in Africa, appointed by the African Commission on Human and Peoples’ Rights had visited Malawi in June 2001. Recommendations had been made and sent to Malawi on those conditions. Amir drew attention to the fact that the penal code criminalized discrimination and that Malawi had established a human rights Ombudsman. Officially, Mr.
Pillai recalled that the Seychelles had ratified the Convention in 1978, and the last periodic report by that country had been considered in August 1988. Pillai drew attention to the preamble of the Constitution of Seychelles, which stated that the people were aware and proud that as descendants of different races they had learned to live together as one nation and could serve as an example of a harmonious multi-racial society.
The President of the Human Rights Council was also to be contacted by the Secretariat to discuss establishing more effective cooperation with the Council. Letters to the High Commissioner and to the President of the Human Rights Council would be drafted as a result of those contacts, as needed. When the Committee reconvenes at 3 p. m. this afternoon, it will consider the situation in Namibia and Saint Lucia under its review procedure and will also discuss its early warning and emergency action procedures. Situation in MalawiPresentation of Situation Analysis Report GERTRUDE LYNN HIWA, Chief Parliamentary Draftperson of the Ministry of Justice and Constitutional Affairs, noted that the situation analysis report, which had been submitted to the Committee, was in response to the issues raised by the Committee and was primarily to initiate a dialogue between the Committee and Malawi; it did not remove Malawi’s obligation to submit the overdue periodic reports to the Committee.
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COMMITTEE AGAINST DISCRIMINATION CONSIDERS SITUATION IN MALAWI AND SEYCHELLES UNDER REVIEW PROCEDURECommittee on the Elimination of Racial Discrimination 15 August 2006The Committee on the Elimination of Racial Discrimination this morning discussed the situation in Malawi and the Seychelles under its review procedure for countries whose reports are seriously overdue. Presenting a situation analysis report on Malawi, Gertrude Lynn Hiwa, Chief Parliamentary Draftsperson of the Ministry of Justice and Constitutional Affairs, noted that the report was in response to the issues raised by the Committee and was primarily to initiate a dialogue between the Committee and Malawi; it did not remove Malawi’s obligation to submit the overdue periodic reports.
Situation in the SeychellesRAGHAVAN VASUDEVAN PILLAI, the Committee Expert serving as country Rapporteur, presenting the situation in Seychelles, said that in the absence of a periodic report from the State party and in the absence of any response to its letters, the Committee had decided to send a list of questions to the State party. The President therefore wrote to the Permanent Representative of the Seychelles in New York in August 2005 seeking a response by 31 January 2006. The Ambassador was informed that in the absence of any response from Seychelles on that date that the Committee would adopt preliminary observations on the situation in the country.
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Mr. Amir said that he would like to propose technical assistance to the delegation to assist it in drafting its periodic report, as technical difficulties had been put forward as one of the major reasons for the State party’s failure to submit its report. As far as the Committee was concerned, Mr. Amir said the Committee should ask further questions in order to help the delegation with the drafting of the report.
Amir observed, there were no Malawian refugees in other countries. However, Malawi had some 1, 000 refugees on its territories coming from Rwanda, Ethiopia, Burundi, the Democratic Republic of the Congo and other countries Mr. Amir said he could not but note that there were some ethnic tensions and antagonisms within Malawi. However, those antagonisms had been reduced since 1994. They would have to wait for the report of Malawi before making a global determination on the situation of discrimination in that country. Response of Delegation Ms. Hiwa said that the delegation welcomed the proposal to provide technical assistance to Malawi to draft its report. Further Questions and Comments Raised by Experts Experts raised further questions and made other comments on various subjects including the need for Malawi to address a number of questions in its report, including the question of remedies for acts of racial discrimination and the subject of human rights education; what legal protections refugees had under Malawian law; and the independence of the justice system and what influence professionals had in that system.
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A letter was to be drafted requesting the United Nations Resident Coordinator, in his capacity as the representative of the United Nations system in the Seychelles, to intervene on behalf of the Committee (in the absence of a country office of the Office of the High Commissioner for Human Rights). The High Commissioner for Human Rights was to be contacted to discuss facilitating the follow-up methods for those delegations whose periodic reports were seriously overdue and which did not have missions in Geneva.
The refugees were sometimes granted the right to reside outside the camps. The Government had not deported Ethiopians and Somalis seeking asylum without proper examination of their claims. Malawians did not exhibit any racial discriminatory tendencies towards other races or among themselves, but there had been allegations of racial discrimination perpetrated against Malawians by persons of other nationalities or races living in Malawi, Ms. Hiwa concluded. Questions by Country RapporteurNOURREDINE AMIR, the Committee Expert serving as country Rapporteur for Malawi, said that they had been waiting a long time to see the delegation and he welcomed its presence today. He noted that the situation analysis report submitted today was in response to the Committee’s questions, and was not a periodic report.
The Constitution also established several institutions that promoted and protected human rights, including the judiciary, the Malawi Human Rights Commission and the Office of the Ombudsman. However, Malawi had not yet passed any legislation specifically to implement the Convention fully at the domestic level. Although Malawi had not yet removed its reservations to the Convention on the Status of Refugees, for the last 10 years refugees in Malawi had had access to health care, education and employment, Ms. Hiwa affirmed.
Even that report had been considered in the absence of a State party delegation. In that connection, it had been raised at the time that the Committee could meet in New York to discuss reports of smaller States parties that did not have delegations in Geneva. As a result of the discussion and the proposals made by the country Rapporteur and Experts, it was decided to send preliminary confidential observations to the Seychelles.
Malawians did not exhibit any racial discriminatory tendencies towards other races or among themselves, but there had been allegations of racial discrimination perpetrated against Malawians by persons of other nationalities or races living in Malawi. Reporting on the situation in Malawi, Committee Expert Nourredine Amir proposed providing technical assistance to the delegation of Malawi to assist it in drafting its periodic report, as technical difficulties had been put forward as one of the major reasons for the State party’s failure to submit its report. Experts raised questions and made comments on various subjects including the need for Malawi to address a number of questions in its report, including the question of remedies for acts of racial discrimination and the subject of human rights education; the legal protections refugees had under Malawian law; and the independence of the justice system and what influence professionals had in that system.
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