Credit: UN Photo/Jean-Marc Ferré
On August 3, 2015 the UN Committee on the Elimination of Racial Discrimination (CERD) commenced its 87th session in Geneva, Switzerland. During this session, which will end on August 28, the Committee will review the State reports of Colombia, Costa Rica, the Czech Republic, Macedonia, the Netherlands, Niger, Norway, and Suriname. 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 well as follow-up information submitted by States parties.
As a result of a decision made during its 76thsession, 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, alleging that the State has violated an individual’s rights under the Convention. Other items on the provisional agenda include: adopting early warning measures to prevent existing racial discrimination problems from escalating; considering matters related to the universal periodic review (UPR) procedure of the Human Rights Council; and discussing follow-up activities to the Durban Declaration and Programme of Action (DDPA) adopted at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR) and the Durban Review Conference.
The 87th session will be live-streamed on the UN Treaty Body Webcast, and archived sessions will also be available.
Colombia
The Country Rapporteur asked Colombia to provide an update on the measures taken to define and prohibit racial discrimination and protect human rights defenders, particularly those belonging to the indigenous or Afro-Colombian communities. With respect to the indigenous and Afro-Colombian populations, Colombia was asked to provide information on measures taken to: protect them from State and non-State armed groups, forced displacement, and threats of cultural or physical extermination; restore their land and issue decrees on reparations; provide women and children access to education and healthcare services; and promote their representation and participation in politics and prior consultation procedures. See Committee on the Elimination of Racial Discrimination, List of themes in relation to the combined fifteenth and sixteenth periodic reports of Colombia, CERD/C/COL/Q/15-16, 12 June 2015.
Seven civil society organizations submitted reports for the Committee’s consideration concerning Colombia’s implementation of ICERD. These included a joint submission by Movilización de Mujeres Afrodescendientes del Norte del Cauca por el Cuidado de la Vida y los Territorios Ancestrales (“Mujeres Negras Caminan”) in conjunction with the Leitner Center for International Law and Justice as well as a joint submission by the Association of Community Council in the North of Cauca, Franciscan Family of Colombia, and Franciscans International.
Costa Rica
The Country Rapporteur requested information from Costa Rica concerning: policies to combat structural racial discrimination after the 2011 census; investigations about allegations of racial discrimination; the monitoring of media and social networks for racially discriminatory content; and measures taken to protect human rights defenders, especially those of indigenous or African descent. With respect to the indigenous population and communities of African descent, Costa Rica was asked to provide information on: the restitution of indigenous land and titles; consultations regarding education, health, and development issues; measures taken to revise textbooks portraying these populations in a disparaging manner; and the adoption of policies guaranteeing access to the justice system. See Committee on the Elimination of Racial Discrimination, List of themes in relation to the combined nineteenth to twenty-second periodic reports of Costa Rica, CERD/C/CRI/Q/19-22, 12 June 2015.
Several civil society organizations submitted reports to the Committee concerning Costa Rica’s implementation of ICERD. These included a joint submission by several Costa Rican organizations together with the Forest Peoples Programme and a submission by Mesa Nacional Indígena de Costa Rica (MNICR).
Additionally, the Ombudsman of the Republic of Costa Rica, the NHRI in Costa Rica, submitted a supplementary report for the Committee’s consideration.
Czech Republic
With regard to the Czech Republic, the Country Rapporteur requested information on measures taken to: streamline anti-racial discrimination legislation and to facilitate access to effective remedies; establish a national human rights institution; address hate crimes and discrimination against Muslim communities, including incidents of vandalism against the Czech mosque; and ensure that, particularly with respect to asylum seekers, refugees, and migrant workers, the State prohibits and eliminates racial discrimination and guarantees equality. With respect to the Roma community, the Czech Republic was asked to provide information on measures taken to: end all forms of segregated education targeting Romani children, compensate women who have been unlawfully sterilized, provide equal access to housing and protection from forced evictions, combat human trafficking and racially motivated hate crime, and investigate allegations of electoral fraud. See Committee on the Elimination of Racial Discrimination, List of themes in relation to the combined tenth and eleventh reports of the Czech Republic, CERD/C/CZE /Q/10-11, 15 June 2015.
A joint report was submitted by the European Roma Rights Centre (ERRC), together with the Mental Disability Advocacy Center (MDAC), and the Platform for Social Housing concerning the Czech Republic’s implementation of ICERD. Additionally, the Public Defender of Rights, the NHRI in the Czech Republic, submitted a supplementary report for the Committee’s consideration.
Macedonia
With respect to minority groups, the Country Rapporteur asked Macedonia to provide information on measures taken to: prevent the police from mistreating them; prohibit and punish hate speech crimes committed by the media; reduce disparities between ethnic groups with respect to access to education, housing, healthcare, and employment, as well as the double discrimination experienced by women from ethnic minorities; provide legal translation and interpretation services for those who are neither ethnic Macedonians nor ethnic Albanians; combat violence against religious minorities; address the high school drop-out rate of children from the Albanian and Turkish communities; and eliminate ethnic stereotypes, including those concerning the Roma community, in textbooks. Macedonia was also asked to provide information on the practice of denying or revoking applications from refugees and asylum seekers on the ground that they pose a “threat to national security” without providing them with the possibility of appealing those decisions. See Committee on the Elimination of Racial Discrimination, List of themes in relation to the combined eighth to tenth periodic reports of the former Yugoslav Republic of Macedonia, CERD/C/MKD/Q/8-10, 15 June 2015.
A few civil society organizations, including REACTOR, together with the Network for Protection from Discrimination, submitted a joint report to the Committee concerning Macedonia’s implementation of ICERD. Additionally, the Ombudsman of the Republic of Macedonia, the NHRI in Macedonia, submitted a supplementary report for the Committee’s consideration
Netherlands
The Netherlands was asked to provide information on: discriminatory practices, such as ethnic profiling, by law enforcement officials and the judiciary; the existence of racist stereotypes and racist attitudes, including the role of the media and politicians in causing racist resentment; the situation of the Roma, particularly with respect to employment, housing, education, and healthcare, as well as cases concerning Roma children being separated from their families; the situation of indigenous peoples in Aruba, St. Maarten and Curaçao; and funding for emergency shelters for homeless migrants. Additionally, the Country Rapporteur requested information concerning: cases concerning the risk of refoulement, or forced return to their home countries, of asylum seekers fearing persecution on the basis of their sexual orientation; measures taken to combat discrimination with respect to accessing social services; and steps to address segregation in the housing sector. See Committee on the Elimination of Racial Discrimination, List of themes in relation to the combined nineteenth to twenty-first periodic reports of the Netherlands, CERD/C/NLD/Q/19-21, 15 June 2015.
Two civil society organizations, including the Nederlands Juristen Comité voor de Mensenrechten (NJCM), the Dutch section of the International Commission of Jurists, submitted reports to the Committee concerning the Netherlands’ implementation of ICERD. Additionally, the Netherlands Institute for Human Rights, the NHRI in the Netherlands, submitted a supplementary report for the Committee’s consideration.
Niger
Regarding Niger, the Country Rapporteur requested information concerning steps taken to: ensure that the Criminal Code is in compliance with the provisions of the Convention; allocate human and financial resources to the National Commission on Human Rights; and combat all forms of racial discrimination, particularly in education and in the media. With respect to the rights of ethnic and other marginalized groups, Niger was asked to provide information on measures taken to: increase their political participation; promote the right to property, marry, and choose a spouse; combat forced labor, forced marriage, and human trafficking; promote the languages and cultures of different ethnic groups; and adhere to the Committee’s early action procedures concerning the impact of uranium extraction activities on the Tuaregs, an indigenous group in Niger. Niger was also asked to update the Committee on the Nationality Act, which prohibits women who marry foreigners from transmitting their nationality to their husbands. See Committee on the Elimination of Racial Discrimination, List of themes in relation to the combined fifteenth to twenty-first periodic reports of the Niger, CERD/C/NER/Q/15-21,16 June 2015.
Several civil society organizations, including Maloca Internationale, submitted reports to the Committee concerning the Niger’s implementation of ICERD.
Norway
Norway was asked to provide information on steps taken to: establish a new national human rights institution; implement a new action plan to promote equality and prevent ethnic discrimination; prevent hate speech, including statements by political representatives and in the media; grant free legal aid in racial discrimination cases; and combat racial profiling by the police and customs and immigration officers. The Country Rapporteur also asked Norway to elaborate on the implementation of legislation regarding whether non-citizens, immigrants, and Roma and Romani/Tater families have equal access to housing, employment, healthcare, and education. Norway was asked to provide information on the Sami peoples’ participation in discussions concerning land rights and improving instruction in the Sami languages. See Committee on the Elimination of Racial Discrimination, List of themes in relation to the combined twenty-first and twenty-second periodic reports of Norway, CERD/C/NOR/Q/21-22, 22 June 2015.
Several civil society organizations, including the Norwegian Centre against Racism, submitted a report for the Committee’s consideration concerning Norway’s implementation of the Convention. Additionally, the following NHRIs in Norway submitted supplementary reports for the Committee’s consideration: the Equality and Anti-Discrimination Ombudsman (report), the Ombudsman for Children in Norway (report), and the Norwegian Centre for Human Rights (report).
Suriname
The Country Rapporteur asked Suriname to provide information on: definitions of racism, xenophobia, and related hate crimes in the national legislation; judicial and non-judicial remedies for racial discrimination; and the establishment of a national human rights institution. With respect to indigenous peoples, ethnic communities, tribal peoples, and other minorities, Suriname was asked to provide information on: legally acknowledging their rights to possess, develop, control, and use their communal lands; guaranteeing their right of appeal to the courts; implementing Inter-American Court of Human Rights (IACtHR) judgments in the Saramaka People case, the Moiwana Village case, and the Kaliña and Lokono Peoples case; and preserving their native languages, including through the introduction of bilingual education. See Committee on the Elimination of Racial Discrimination, List of themes in relation to the combined thirteenth to fifteenth periodic reports of Suriname, CERD/C/SUR/Q/13-15, 22 June 2015.
A few civil society organizations, including the Association of Indigenous Village Leaders in Suriname, the Association of Saramaka Authorities, and the Forest Peoples Programme, submitted a joint report to the Committee concerning Suriname’s implementation of ICERD.
Additional Information
The Committee on the Elimination of Racial Discrimination is one of ten committees of experts established to assess States’ implementation of specific UN human rights treaties. To learn more about the Committee on the Elimination of Racial Discrimination and the other human rights treaty bodies, visit IJRC’s Online Resource Hub.