COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION Forty-third session
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION
Concluding observations of the Committee on the Elimination of Racial Discrimination
Holy See
278. The Committee considered the combined eleventh and twelfth periodic reports of the Holy See (CERD/C/226/Add.6) at its 991st and 992nd meetings, held on 5 August 1993 (CERD/C/SR.991-992).
279. The representative of the State party who introduced the report emphasized that the Catholic Church's categorical rejection of racial discrimination was enshrined in basic documents such as the 1983 Code of Canon Law, the main legislative document of the Latin Church, and more recently, the Code of Canon Law for the Eastern Churches.
280. The representative also referred to the many initiatives taken by the Church in support of victims of discrimination, such as indigenous peoples, minorities, displaced persons and refugees, and to the work of the Pontifical Council on migrants and displaced persons and Catholic aid agencies. He also mentioned the Catholic Church's concern at the emergence of new forms of racism and xenophobia, with particular reference to Europe and the practice of ethnic cleansing in the former Yugoslavia, as well as to the situation in Palestine and in South Africa.
281. The representative also pointed out that in view of the religious dimension of many conflict situations, efforts had been undertaken to promote dialogue between religions through the Pontifical Commission for religious relations with Judaism and the Pontifical Commission for religious relations with Muslims.
282. In addition, the representative drew attention to the contents of the document entitled "The Church confronted with racism - for a more brotherly society", published in 1989 by the Pontifical Council, which addressed various issues of racism and offered guidance in promoting brotherhood and solidarity between races. In that connection, he indicated that in order to eliminate racist behaviour of whatever kind from society it was necessary to have a firm conviction of the dignity of every human being and the unity of the human family, and that the major contribution of the Holy See in meeting its obligations under the Convention lay in its capacity to educate individuals' consciences to contribute to attenuating the conflicts and divisions between races and ethnic groups.
283. Members of the Committee expressed their gratitude to the State party's representative for the detailed information he provided orally. They sought information, in general, as to the role played by the State party and the Catholic Church, particularly through its presence at the grass-roots level, in contributing to the realization of the principles and provisions laid down in the Convention.
284. Members of the Committee, emphasizing the importance of developing greater understanding, openness and tolerance between all religions, requested information on the actions taken by the State party to promote dialogue between different churches and religions and the peaceful coexistence of faiths. Members of the Committee also expressed concern at and sought clarification of the practice of the Catholic Church that required children of mixed-faith marriages to be brought up according to the Catholic faith.
285. Members of the Committee wished to receive further information on the activities undertaken by the State party to support United Nations efforts and actions to combat racism and racial discrimination.
286. In respect of article 2 of the Convention, members of the Committee requested information on the measures taken to encourage multiracial organizations and movements.
287. With regard to article 3 of the Convention, members of the Committee wished to receive further information on the State party's position on apartheid.
288. In connection with article 6 of the Convention, members requested further information on the work undertaken by the Catholic Church in support of victims of discrimination in different geographical regions.
289. In respect of article 7 of the Convention, further information was sought on the educational and institutional measures taken by the Holy See and the Catholic Church to combat racial prejudice and to persuade people to live harmoniously together. Equally, members of the Committee requested the State party to provide details of the breakdown by ethnic or racial origin of pupils in Catholic schools, as well as information on efforts undertaken to promote educational opportunities in Catholic schools for the most disadvantaged groups in society.
290. In connection with article 11 of the Convention, it was asked whether the State party might consider taking action under the provisions of that article.
291. In reply to the various questions raised and comments made by members of the Committee, the representative of the State party provided information on the efforts undertaken by the Holy See and the Catholic Church to address injustices and to combat discrimination. He indicated that those activities were often conducted through the Church's work with the most disadvantaged groups in society, who were most likely to suffer discrimination on account of their ethnicity and poverty. Mention was also made of the activities of the Catholic Church, particularly within Latin America, to fight injustice resulting from poverty.
292. The representative informed the Committee of the action being taken by the Holy See to promote inter-religious dialogue with Judaism and Islam and inter-church dialogue in Eastern Europe with the Moscow patriarchy. He also emphasized the importance accorded by the State party to respect for minorities and the principles laid down in international instruments on human rights and international humanitarian law. In that connection, he provided information about the action taken by the Holy See to address concerns raised within the framework of the conflict situation in the former Yugoslavia.
293. Concerning article 3 of the Convention, the representative stressed that Catholic institutions based in the country which officially practised apartheid not only taught about coexistence between the races, but also encouraged such action.
294. In respect of article 6 of the Convention, the representative outlined activities undertaken to protect persons suffering from discrimination. In that regard, mention was made of the work of the local Catholic Church in German communities in the service of refugees. In the context of Latin America, details were given of the Church's work with local indigenous communities. The representative indicated that the State party's next periodic report would contain further information on the work undertaken by the Catholic Church in different countries in Africa and Asia.
295. With regard to article 7 of the Convention, the representative explained that the principle of non-discrimination was an essential element of the teaching in Catholic educational establishments and of the Catholic Church at all levels of society. Statistics on the provision of education in Catholic schools for the most disadvantaged groups in society were not available at the current time.
Concluding observations
296. At its 1007th meeting, held on 17 August 1993, the Committee adopted the following concluding observations.
(a) Introduction
297. The Committee welcomed the information contained in the reports and the additional information presented orally. The Committee expressed its appreciation to the representatives of the State party for their cooperation and efforts to reply to many of the questions raised and was of the view that the dialogue with the State party was particularly useful.
(b) Positive aspects
298. The Committee welcomed the State party's recognition of the very important role the Holy See and the national Catholic Churches could play throughout the world to achieve the aims and objectives of the Convention. The Committee also appreciated the readiness expressed by the State party to foster tolerance and non-discriminatory attitudes, and to counter racial discrimination.
(c) Factors and difficulties impeding the application of the Convention
299. The Committee recognized that the exceptional nature of the status of the State party determined the directness of the measures it could take to implement fully the provisions of the Convention.
(d) Principal subjects of concern
300. The Committee noted the absence of concrete information in the report of the State party on the practical activities it had undertaken to implement the provisions of the Convention, particularly article 7.
(e) Suggestions and recommendations
301. The Committee recommends that the next report to be submitted to it should contain further information on the practical activities undertaken and policies pursued by the Holy See for the implementation of the provisions of the Convention in different geographical regions of the world. The Committee also wished to receive further information on the practical activities being undertaken by the State party to support United Nations action against racism and racial discrimination and to defend victims of racism. Information on the proportion of ethnic groups and races educated in Catholic schools set in multiethnic societies would be welcomed by the Committee.
302. In addition, the Committee wished to receive information on the efforts the State party intended to undertake to encourage the establishment and work of multiracial movements throughout the world.
303. Given that educational activities were one of the most important means of fighting against racial prejudice and for harmony between different groups, the Committee recommended that further efforts of the State party should be focused on the implementation of article 7 of the Convention and that the State party should undertake further measures to promote equality of educational opportunities.
304. The Committee, noting the important religious factor prevalent in many situations of ethnic conflict, recommended that the State party should become more active in conflict prevention and resolution efforts. It also recommended that the State party, wherever possible, should undertake further measures to promote inter-religious dialogue, especially in ethnic conflict situations displaying a religious component, and should try to exercise an ameliorating effect in that respect.
305. In view of the moral influence wielded by the Holy See and the national Catholic churches, the Committee also suggested that the State party should take a more active stance against unjust systems which had the effect of fostering racist attitudes, as well as against any tendency towards racism and xenophobia which might develop in national societies.
