COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER
ARTICLE 9 OF THE CONVENTION
Concluding observations of the Committee on the
Elimination of Racial Discrimination
1. The Committee considered the ninth periodic report of Luxembourg
(CERD/C/277/Add.2), at its 1193rd and 1194th meetings (CERD/C/SR.1193
and 1194), held on 7 March 1997. At its 1210th meeting, held
on 19 March 1997, it adopted the following concluding observations.
2. The Committee welcomes the detailed report submitted by
the Government of Luxembourg, which contains relevant information
about changes and developments that have occurred since the
consideration of the previous periodic report, although the
Committee notes that the form of the report does not follow
the revised guidelines. The Committee notes with appreciation
that the State party, in the preparation of the ninth periodic
report, has taken into account the Committee's concluding observations
with respect to the previous report (A/49/18, paras. 429-443).
The Committee also expresses its appreciation of the constructive
dialogue with the delegation and the comprehensive and thorough
answers given to the range of questions asked by its members.
B. Factors and difficulties impeding the
implementation of the Convention
3. It is noted that there are no significant factors or difficulties
that prevent the effective implementation of the Convention in
C. Positive aspects
4. The high standards of Luxembourg regarding the promotion
and protection of human rights and its commitment to implementing
the provisions of the Convention are noted with appreciation,
especially taking into account the very high proportion of foreign
residents (over 35 per cent) in the country. The fact that Luxembourg
has made a declaration under article 14 of the Convention and
is the first State party to implement paragraph 2 of article
14 by establishing a standing committee against discrimination
in May 1996 is also welcomed.
5. The additional steps recently undertaken by the authorities
of Luxembourg to bring its legislation and practice into line
with the Convention's requirements are welcomed. In addition
to the Aliens Act promulgated on 27 July 1993, the current efforts
being undertaken by the Government to amend the Penal Code are
6. The Committee noted with satisfaction that the Government
collaborates with non-governmental organizations to facilitate
the integration of aliens and to prevent and combat all types
of racial discrimination. In this regard, note is taken of the
1993 working agreement between the Government and the Liaison
Committee for Aliens' Associations.
7. Satisfaction is expressed in relation to efforts undertaken
by Luxembourg to raise awareness and to promote action against
all forms of racial discrimination. Training of the police on
human rights issues is also welcomed. School and adult education
policies implemented by the State party to reflect a plurinational
and multilingual population are a source of satisfaction. The
radio broadcasting of programmes in various foreign languages
is also welcomed as a positive trend.
8. The Act of 27 July 1993, which, inter alia, provides
special measures to promote and protect the right to housing
of foreign workers, is welcomed in the light of article 5 of
9. The Committee welcomes the activities undertaken and planned
in Luxembourg on the occasion of the European Year against Racism
D. Principal subjects of concern
11. Although noteworthy steps have been taken in the period
under review towards the elimination of racial discrimination
in Luxembourg and to strengthen the implementation of article
4 of the Convention, it is noted that racist organizations are
not yet prohibited by law.
12. Although the Committee is aware of the positive efforts
undertaken by the State party in the field of education against
racial discrimination, concern is expressed about the absence
or insufficiency of such educational measures for some professional
groups, such as judges, magistrates, lawyers and civil servants.
E. Suggestions and recommendations
13. In the light of article 4, paragraph (b), of the Convention
and of the current process of amending the Penal Code of Luxembourg,
the Committee recommends that the Government amend article 455
of the Penal Code to bring it fully into line with the requirements
of the Convention.
14. With respect to articles 4 and 6 of the Convention, the
Committee would appreciate receiving further information on
the number of complaints of racial discrimination, the outcome
of the prosecution of cases of racial discrimination and the
redress, if any, provided to persons suffering from such discrimination.
15. The Committee recommends the amendment of article 444 of
the Penal Code with a view to introducing stronger penalties
for acts of slander and/or defamation of a racial character.
16. It is further suggested that the State party consider providing
education and training on racial tolerance and human rights
issues to professional groups such as judges, magistrates, lawyers
and civil servants.
17. During the current review by the authorities of Luxembourg
of national legislation relating to freedom of the press and
information, the Committee recommends that the State party take
appropriate measures to ensure that all of the provisions of
the International Convention on the Elimination of All Forms
of Racial Discrimination are taken into account.
18. The Committee recommends that the State party give publicity
in the country to its ninth periodic report, as well as to the
Committee's concluding observations thereon.
19. The Committee recommends that the State party ratify the
amendments to article 8, paragraph 6, of the Convention adopted
at the 14th meeting of States parties.
20. The Committee recommends that the State party's next periodic
report, due on 1 June 1997, be an updating report and that it
address all the points raised during the consideration of the