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
Committee considered the fourth, fifth, sixth, seventh, eighth,
ninth, tenth, eleventh, twelfth, thirteenth and fourteenth periodic
reports of Swaziland, submitted in one document (CERD/C/299/Add.2),
at its 1209th meeting held on 19 March 1997 (see CERD/C/SR.1209).
At its 1213rd meeting, held on 21 March 1997, it adopted the following
Committee notes with satisfaction the submission of the report
by the State party and the readiness of the Government of Swaziland
to resume, after a break of 20 years, a dialogue with the Committee.
It regrets that the report under consideration, which combined
the fourth to fourteenth reports, has not been prepared in accordance
with the Committee's general guidelines and contains insufficient
information on the actual implementation of the Convention by
the State party. However, the information provided by the delegation
of the State party in the course of the oral presentation of the
report allowed the Committee to have a more comprehensive view
of the overall situation in the country and of the implementation
of the Convention. The Committee, having noted that a core document
has not been submitted by the Government of Swaziland, draws the
attention of the State party to the guidelines for the preparation
of that document (HRI/CORE/1).
Committee notes that the State party has not made the declaration
provided for in article 14 of the Convention, and some of its
members requested that the possibility of such declaration be
B. Positive aspects
is expressed with regard to the commitment of the Government of
Swaziland to combat racial discrimination and hatred and the efforts
made by the State party to comply with the provisions of the Convention,
particularly through the adoption of appropriate legislation such
as the Race Relations Act 6/1962, the Employment Act of 1980 (sect.
29), the Citizenship Act of 1992 amending the 1982 Citizenship
Act which, as had been alleged, had discriminatory aspects. It
is also noted with interest that the State party is considering
the modification of the Race Relations Act 6/1962 in order to
address relevant issues raised by the Convention.
C. Principal subjects of concern
report of the State party does not provide sufficient information
with respect to the practical implementation of articles 2, 3
and 6 of the Convention.
is expressed at the failure to adopt legislative, administrative
and other measures implementing fully the provisions of the Convention
contained in article 4, article 5, in particular paragraphs (d)
(i) and (e), and article 7. In that connection, it is noted that
the Race Relations Act adopted in 1962, prior to the Convention's
coming into force, adopted a narrower approach to the definition
of the term "racial discrimination", as it speaks only of discrimination
based on race and colour.
D. Suggestions and recommendations
Committee, having recalled that the report under consideration
did not follow the Committee's guidelines for the preparation
of reports had been submitted after a delay of 20 years, requests
the State party to comply fully with the reporting obligations
under article 9 of the Convention and to ensure that the next
report be prepared in accordance with the general guidelines and
submitted in time. It also recommends that the core document be
submitted without further delay.
Committee recommends that the report to be submitted contain detailed
information on such specific issues identified by the Committee
as: measures taken to implement article 4; measures which have
been taken under articles 5 and 7; and the difficulties encountered
in implementing the provisions contained in the Convention.
Committee suggests that the Government of Swaziland may wish to
avail itself of technical assistance provided under the advisory
services and technical assistance programme of the High Commissioner/Centre
for Human Rights of the United Nations.
Committee suggests that account be taken of the Convention's provisions
in the envisaged elaboration of a draft new Constitution of Swaziland.
Committee recommends that the State party ratify the amendments
to article 8, paragraph 6, of the Convention adopted at the fourteenth
meeting of States parties.
Committee recommends that the State party's next periodic report
be a comprehensive report and that it address all the points raised
during the consideration of the present report.