Credit: UN Photo/Jean-Marc Ferre
This week, the UN Committee on the Elimination of Racial Discrimination (CERD) will commence its 86th session in Geneva, Switzerland. The session will take place from April 27 to May 15, during which time CERD will review the State reports of Bosnia and Herzegovina, Denmark, France, Germany, Guatemala, and Sudan. The Committee will also review reports submitted by civil society organizations and national human rights institutions (NHRIs) concerning the States’ implementation of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).
As a result of a decision made during its 76th session, the Country Rapporteur sends a list of themes to the States under review, outlining issues for each State to address in its dialogue with the Committee. During the current session, the Committee will also consider individual communications, which allege that the State has violated an individual’s rights under the Convention. The Committee may only consider complaints against States parties that have made a declaration under Article 14 of the Convention, recognizing the Committee’s competence to receive and consider communications against that State. The 86th session will be live-streamed on the UN Treaty Body Webcast, and archived sessions will also be available.
Bosnia and Herzegovina
Regarding Bosnia and Herzegovina, the Committee will review the steps the State has taken to implement the European Court of Human Rights’ decision in Sejdić and Finci v. Bosnia and Herzegovina, concerning the equal right of racial minorities to stand for election. See ECtHR, Sejdić and Finci v. Bosnia and Herzegovina [GC], nos. 27996/06 and 34836/06, ECHR 2009, Judgment of 22 December 2009. The Country Rapporteur asked Bosnia and Herzegovina to provide an update on the measures it has taken to: ensure that victims of racial discrimination receive compensation; eradicate mono-ethnic schools; facilitate the settlement of refugees and internally displaced persons; and address discrimination against the Roma with regard to employment, housing, social security, education, and health care services. See Committee on the Elimination of Racial Discrimination, List of themes in relation to the combined ninth to eleventh periodic reports of Bosnia and Herzegovina, CERD/C/BIH/Q/9-11, 2 March 2015.
Two civil society organizations, Internal Displacement Monitoring Centre (IDMC) and Minority Rights Group International, submitted reports for the Committee’s consideration concerning Bosnia and Herzegovina’s implementation of ICERD.
Demark
The Country Rapporteur requested information from Denmark concerning: the absence of an explicit prohibition against establishing organizations that promote racial discrimination; steps taken to secure equal access to employment and housing for ethnic minorities; recruitment of ethnic minorities into the police force; and compensation provided to victims of hate crimes. Denmark was also asked to comment on its failure to recognize the Roma as a national minority, and on reports that ethnic minorities are committed to psychiatric institutions against their will. See Committee on the Elimination of Racial Discrimination, List of themes in relation to the combined twentieth and twenty-first periodic reports of Denmark, UN Doc. CERD/C/DNK/Q/20-21, 2 March 2015.
Two civil society organizations, Documentation and Advisory Centre on Racial Discrimination (DACoRD) and SOS mod Racisme, submitted reports to the Committee concerning Denmark’s implementation of ICERD. Additionally, the Danish Institute for Human Rights, the NHRI in Denmark, submitted a report for the Committee’s consideration.
France
With regard to France, the Country Rapporteur requested information on measures taken to: address xenophobic statements made by politicians and public figures; protect cultural diversity and preserve minority languages; recognize the collective rights of indigenous peoples; and prevent the expulsion of Roma peoples. France was also asked about the result of policies put into place to help integrate and support migrants. In addition, France was asked to discuss how the attacks in January 2015 had impacted attitudes toward foreign nationals. See Committee on the Elimination of Racial Discrimination, List of themes in relation to the combined twentieth and twenty-first periodic reports of France, UN Doc. CERD/C/FRA/Q/20-21, 2 March 2015.
Six civil society organizations and the Commission Nationale Consultative des Droits de L’Homme (CNCDH), the NHRI in France, submitted reports to the Committee concerning France’s implementation of ICERD.
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Germany
Germany was asked to address the absence of a legal prohibition against racial profiling, and its response to attitudes of racism and xenophobia, which have been expressed at demonstrations and in public discourse as well as disseminated on the Internet. Additionally, the Country Rapporteur requested information concerning incidents of discrimination committed against asylum seekers, and individuals belonging to Jewish, Muslim, and Roma/Sinti communities. Germany was asked to provide information on steps taken to compensate victims of racially motivated crimes, and to ensure that migrants and asylum seekers have equal access to housing, employment, and education. See Committee on the Elimination of Racial Discrimination, List of themes in relation to the combined nineteenth to twenty-second periodic reports of Germany, UN Doc. CERD/C/DEU/Q/19-22, 2 March 2015.
Six civil society organizations and the German Institute for Human Rights, the NHRI in Germany, submitted reports to the Committee concerning Germany’s implementation of ICERD.
Guatemala
Regarding Guatemala, the Country Rapporteur requested information concerning steps taken to: consider making a declaration under Article 14 of ICERD allowing the Committee to hear individual communications against Guatemala; secure access to water and quality health care for indigenous communities; strengthen protections for human rights defenders, particularly defenders of the rights of indigenous communities; recognize indigenous judicial systems; and investigate crimes of racial discrimination. Guatemala was also asked to provide information about efforts taken to implement bilingual education, and to provide statistics on illiteracy rates among indigenous populations. See Committee on the Elimination of Racial Discrimination, Lista de temas relativa a los informes periódicos 14. y 15. de Guatemala, UN Doc. CERD/C/GTM/Q/14-15, 2 March 2015 (Spanish only).
Three groups, Cultural Survival, Organizaciones de Pueblos Indígenas de Guatemala, and the University of Oklahoma College of Law’s International Human Rights Clinic submitted reports to the Committee. Additionally, the NHRI in Guatemala, the Human Rights Ombudsman of Guatemala, submitted a report for the Committee’s consideration.
Sudan
With regard to Sudan, the Country Rapporteur requested information on steps taken to: reduce police harassment of ethnic minorities; preserve cultural diversity, particularly among the Nuba peoples; ensure that ethnic minorities have access to basic services and political representation; investigate the human trafficking of Eritrean asylum seekers and refugees; and ensure that victims of racial discrimination, including those involved in the Darfur conflict, have access to justice. Sudan was also asked to comment on how a 2011 amendment to its nationality law, which revokes Sudanese citizenship when an individual acquires “de jure or de facto” nationality of South Sudan, has affected the risk of statelessness for people living in South Sudan. [Human Rights Watch] See Committee on the Elimination of Racial Discrimination, List of themes in relation to the combined twelfth to sixteenth periodic reports of the Sudan, UN Doc. CERD/C/SDN/Q/12-16, 2 March 2015.
One civil society organization, Nuba Mountains Peoples Foundation (NMP) submitted a report for the Committee’s consideration concerning Sudan’s implementation of the Convention.
Additional Information
To learn more about the Committee on the Elimination of Racial Discrimination, see IJRC’s Online Resource Hub. Archived videos of the 86th session will be available on the UN Treaty Body Webcast.