III. CONCLUDING OBSERVATIONS

CERD

•          Namibia, CERD, A/51/18 (1996) 67 at para. 495.

Concern is expressed at the subsistence of out-of-date and discriminatory laws and the persistence of practices inherited from the apartheid regime.

•          Zaire, CERD, A/51/18 (1996) 70 at para. 523.

Although the reference to apartheid may have been directed exclusively to South Africa in the past, article 3 prohibits all forms of racial segregation, whether institutional or non-institutional, in all countries.

•          Syrian Arab Republic, CERD, A/54/18 (1999) 22 at para. 178.

In light of article 3 of the Convention, the State party is encouraged to monitor developments which may give rise to racial segregation and to work for the eradication of any negative consequences that ensue from such developments.

•          Costa Rica, CERD, A/54/18 (1999) 24 at para. 191.

Concern is expressed that the financial penalties that exist for racial segregation, with regard to the admission of people of different races to public or private places, do not constitute a sufficiently effective measure to prevent, prohibit and eradicate all practices of racial segregation, as required by article 3 of the Convention.

•          France, CERD, A/55/18 (2000) 26 at para. 98.

In the light of article 3 of the Convention and General Recommendation XIX, it is recommended that the State party monitor all tendencies which may give rise to racial or ethnic segregation and counter the negative consequences of such tendencies.

•          Czech Republic, CERD, A/55/18 (2000) 50 at para. 280.

With regard to article 3 of the Convention, concern is expressed about the existing situations of de facto segregation in the areas of housing and education of the Roma population. In particular, concern is expressed at measures taken by some local authorities leading to segregation and at the practice of school segregation by which many Roma children are placed in special schools, offering them lesser opportunities for further study or employment. The State party should undertake effective measures to eradicate promptly practices of racial segregation, including the placement of a disproportionate number of Roma children in special schools.

•          Georgia, CERD, A/56/18 (2001) 24 at para. 90.

It is regretted that racial segregation and apartheid are not expressly condemned as stipulated by article 3 of the Convention.

CRC

•          South Africa, CRC, CRC/C/94 (2000) 81 at paras. 422 and 449.

Paragraph 422

The challenges faced by the State party in overcoming the legacy of apartheid are noted. This continues to have a negative impact on the situation of children and to impede the full implementation of the Convention. In particular, note is taken of the vast economic and social disparities that continue to exist between various segments of society as well as the relatively high levels of unemployment and poverty which adversely affect the full implementation of the Convention and remain challenges for the State party.

Paragraph 449

Insufficient efforts have been made to introduce adequate programmes to facilitate the rehabilitation of children affected by armed conflict during the apartheid era, whose situation is reflected in the current high levels of violence and crime within the State party. All appropriate measures should be taken to introduce new and reinforce existing programmes to facilitate the rehabilitation and reintegration of children affected by armed conflict.