Date : 2016.08.29

On 26th August, the UN Committee on the Elimination of Racial Discrimination (CERD) concluded its 90th session. At the session, the CERD adopted concluding observations of Greece, Lebanon, Pakistan, Paraguay, South Africa, Sri Lanka, Ukraine and the United Kingdom. *Recommendations with asterisks [*] are one-year follow-up recommendations

Concluding observations, reports of the State parties and other stakeholders are available at the OHCHR website . You can also watch the video archives of the public meetings with the State parties at UN Web TV .

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Greece

Although the Committee welcomed the recent efforts of the State party in its fight against racial discrimination, the Committee asked for data, figures and outcome of the policies implemented in order to assess the real progresses. In particular, information on the draft National Action Plan on Racism and Intolerance developed by the National Council against Racism and Intolerance was requested. The Committee welcomed the measures to improve anti-racism laws. Several questions were raised in regard to minorities and other ethnic groups such as Roma, Macedonians and Pomaks. Special attention was given to the situation of Roma and the State party’s measures such as in housing and education to improve their conditions. Concerns were raised in regard to extremist xenophobic groups in the country such as the Golden Dawn, and the Committee asked what actions are taken in line with the article 4 of the Convention. The Committee expressed concern on the reform of articles in the criminal code concerning racist hate speech and hate crimes. The Committee questioned the State party about protection measures for migrant workers from labor exploitation and racist attacks. The situation of refugees and asylum seekers, especially their conditions in detention centers and the situation of unaccompanied minors, was repeatedly raised by the Committee. Read more (English/ French) . NGO meeting (English/ French). In concluding observations , the Committee issued recommendations concerning following areas:

• Austerity measures;
• Statistical data;
• Situation of minorities
• Anti-racism legal framework;
• Implementation of anti-discrimination provisions;
• Racist hate speech and hate crimes;
• Blasphemy laws;
• Roma;
• Mixed migratory flows: migrants, asylum seekers and refugees*; and
• Labour Discrimination of migrant workers and persons belonging to ethnic minorities*.

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Lebanon

The Committee asked the State party to provide disaggregated data to assess the human rights situation of different groups. The need for legislation which clearly defines racial discrimination in line with the Convention was stressed. Regarding racist hate crimes and hate speech, the Committee was concerned by the absence of articles addressing aggravating offenses with racist and xenophobic basis. The Committee regretted the lack of legislation which punishes the dissemination of ideas promoting racial superiority and prohibits racist organizations spreading such ideas, while making a special reference to hate speech in media. Questions were raised in regard to the situation of Palestinian refugees and the discrimination in their access to housing and employment. The Committee emphasized the need to address discrimination faced by girls and women from vulnerable groups. The Committee encouraged the State party to amend its legislation in order to allow women to transmit the citizenship to their children. The Committee paid a particular attention to the issue of migrant domestic workers, and stressed the need to strengthen the legal framework to protect them from trafficking and exploitation. The Committee welcomed the State party’s efforts to host refugees and asylum seekers, and encouraged to provide them the necessary support. The Committee reminded that the international community has to play a role to resolve the current humanitarian crisis. Read more (English/ French) . In concluding observations , the Committee issued recommendations concerning following areas:

• Definition and prohibition of racial discrimination;
• Racist hate speech;
• Other acts proscribed by article 4;
• National human rights action plan and human rights institution*;
• Data on application of the legislation;
• Denominational political system;
• Right to nationality;
• Access to public places;
• Asylum legal framework;
• Right to work;
• Right to education*;
• Freedom of movement;
• Right to equal treatment before the courts;
• Migrant domestic workers; and
• Education for combating racial discrimination.

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Pakistan

While the State party’s contribution to the treaty body, new National Human Rights Action Plan and National Human Rights Commission were widely welcomed, the Committee raised a number of human rights concerns in the country. The Committee regretted the absence of definition of racial discrimination in line with the Convention. The Committee was alarmed by the prosecution of and discrimination against ethnic and religious minorities including Bihari, Bengali, Hazara and Ahmadiyya communities. Possible negative impacts of Madrassas on children belong to vulnerable groups were a concern of the Committee. The Committed share concern on attacks against human rights defenders from minority communities. The Committee stressed to the State party that no country is immune from racial discrimination and encouraged to collect disaggregated data to take targeted measures to combat such discrimination. The alleged violations of the freedom of religion and belief by the oppressive application of blasphemy law were repeatedly raised. The Committee asked the State party about protection measures for women and girls belonging to minority groups from human rights violations such as forced and early marriage and honour killings. The Committee also requested for the information on the situation of Dalit people. Other issues discussed were: refugees and asylum-seekers, internally displaced persons (IDPs), migrants, counter-terrorism measures, racist hate speech and hate crimes. Read more (English/ French) . NGO meeting (English/ French) . In concluding observations , the Committee issued recommendations concerning following areas:

• Application of the Convention;
• Definition of racial discrimination;
• Legislative framework;
• Disaggregated Statistical Data;
• National Human Rights Institutions*;
• Racist hate speech and hate crimes;
• Madrassas*;
• Violence and segregation of minorities;
• Blasphemy laws;
• Access to justice;
• Violence against minority women;
• Bonded labour*;
• Recognition of minorities and their right to participate in public affairs;
• The scheduled castes (Dalits);
• Afro descendants (the Sheedi);
• Gypsies;
• Refugees and asylum-seekers; and
• Human rights defenders.

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Paraguay

The Committee’s rapporteur pointed out the absence of legislation defining racial discrimination, which was the main obstacle to implement the Convention. Questions were raised in regard to the bill guaranteeing the prior public consultation process, yet it was pointed out that indigenous peoples had not been sufficiently consulted in order to develop the bill. Concerning the situation of indigenous peoples, the Committee put an emphasis on the need to address the issues of ancestral lands and adequate representation of indigenous peoples in consultations for free prior and informed consent. The Committee was concerned by the situation of the indigenous population living in urban areas, in which they are subject to discrimination at work and sexual exploitation. The Committee noted with concern regarding the lack of human and financial resources allocated to the Paraguayan Institute of Indigenous Peoples (INDI). The Committee raised the issue of the lack of implementation of the rulings of the Inter-American Court of Human Rights. While a number of questions were raised concerning different ethnic groups in Paraguay, the situation of people with African-descent was a particular interest of the Committee. Read more (English) . NGO meeting (English/ French). In concluding observations , the Committee issued recommendations concerning following areas:

• Demographic composition of population;
• Structural discrimination*;
• Definition of racial discrimination;
• Ombudsman;
• Paraguayan Institute for the Indigenous (INDI);
• Prior consultation;
• Indigenous lands, territories and resources*;
• Application of the sentences of the Inter-American Court of Human Rights;
• Impact of the exploitation of natural resources;
• Indigenous peoples living in voluntary isolation;
• Political participation;
• Situation of human rights defenders and indigenous leaders;
• Working conditions;
• Right to water and food;
• Access to health;
• Access to education;
• Access to justice*;
• Multiple forms of discrimination; and
• Situation of asylum-seekers.

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South Africa

The Committee welcomed the efforts undertaken by the State party to eradicate the legacy of apartheid. The Committee regretted the non-integration of the Convention in the national legal system which has resulted in the lack of reference in courts. The Committee expressed interest in affirmative actions by the State party especially in regard to results achieved along with other policies including land re-distribution. Some Committee members pointed out the continuing discrepancy in higher positions of public and economical institutions with the composition of population groups. The Committee highlighted the great presence of xenophobia and encouraged the State party of take further actions. Concern was expressed with regard to the situation of non-nationals and violations of their human rights such as discrimination at work, racist hate crimes and hate speech. The Committee pointed out the continuing multiple discrimination and violence against girls and women from vulnerable groups, regretting their access to justice and reparations remain low. The Committee welcomed the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Forms of Intolerance, yet it pointed out its several shortcomings. The situation of indigenous peoples drew the attention of the Committee, and the State party was asked to the status of recognition of those communities. Read more (English/ French) . NGO meeting (English/ French). In concluding observations , the Committee issued recommendations concerning following areas:

• Statistical Data;
• National Human Rights Institution*;
• Truth and Reconciliation Commission;
• Hate crime and hate speech legislation*;
• Special measures;
• Harmful cultural or traditional practices;
• Education;
• Situation of persons with Albinism;
• Situation of black and marginalized ethnic women and girls;
• Situation of Indigenous peoples;
• Situation of non-citizens; and
• Trainings of Judges and law enforcement officials.

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Sri Lanka

The Committee expressed its concern on the State party´s report’s lack of reflection of the real situation of racial discrimination in the country, which is reported by civil society. The Committee raised a question in regard to the process of redistribution of land, and requested the State party to provide information on the ethnic make–up affected by land occupation. The Committee asked for disaggregated data including in employment rate. Many questions were raised concerning the current transitional justice process. The Committee shared a concern on the Constitutional Council and encouraged the State party to develop better provisions to ensure the independence of judiciary. The Committee asked the State party about the situation of plantation Tamils, especially regarding their living and working conditions. The Committee underlined the Constitutional status of Buddhism as the foremost religion in the country and stressed that all religions should be equal to guarantee the freedom of religion of all ethno-religious groups. Restriction on places of worship was a particular concern with this regard. The Committee encouraged the State party to improve its language policy. The Committee touched upon the lack of recognition of indigenous peoples in the country. The Committee asked the State party what actions are taken to fight against racist extremist groups promoting hatred such as Bodu Bala Sena (BBS). The State party was demanded to provide sufficient resources to ensure the independence of the new National Human Rights Commission in line with the Paris Principle. Read more (English/ French) . NGO meeting (English/ French). In concluding observations , the Committee issued recommendations concerning following areas:

• Statistics;
• Definition of racial discrimination;
• Domestic application of the Convention and complaints;
• National Human Rights Institution*;
• Prevention of Terrorism Act;
• Hate speech and hate crimes;
• Freedom of religion of ethnic and ethno-religious minorities;
• Tamils of Indian origin or “Plantation Tamils”;
• Situation of the Adivasi/Veddah people;
• Situation of internally displaced persons*;
• Situation of minority women in war affected areas*; and
• Truth and reconciliation.

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Ukraine

The Committee acknowledged the progresses made by the State party such as National Strategy for Human Rights and its Action Plan to 2020. The 2012 Language Act, which expanded the use of Russian and other minority languages, was also welcomed. However, the Committee regretted the lack of investigations into racist hate crimes. On the issue of racist hate speech in the media, the Committee asked the State party to share the results of its assessment on the effectiveness of national measures. The Committee’s rapporteur stressed that the low number of complaints regarding hate crimes does not mean the absence of incidents, but rather a sign of insufficiency and the lack of trust in the system. The Committee expressed concern regarding the Roma community, which continues to face ethnically motivated violence, discrimination, lack of access to education and identification despite the measures undertaken. The Committee shared concern on the situation of Crimean Tatars, and the State party was encouraged to make efforts to protect them from discrimination. In reference to refugees and asylum seekers, the Committee stressed that the State party should assure that all asylum seekers have access to the procedures in line with the Refugee Convention. Read more (English/ French) . NGO meeting (English/ French). In concluding observations , the Committee issued recommendations concerning following areas:

• Demographic composition of the population;
• Absence of grounds for racial discrimination;
• National institution on minority issues;
• Racist hate speech and hate crimes;
• Organizations that promote racial hatred and propaganda*;
• Application of article 161 of the Criminal Code*;
• Situation of Roma;
• Situation of Crimean Tatars;
• Refugees, asylum seekers and stateless persons;
• Internally displaced persons (IDPs); and
• Access to effective remedies and provision of data relating to the application of article 6. 

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United Kingdom

The Committee’s rapporteur shared his difficulty in addressing policy areas that fall under different jurisdictions and demanded coordination of human rights commitments among different territories. The Committee reminded the State party with concern that the Convention is not yet a part of the domestic legal order and it does not apply to the British Indian Ocean territories. The Committee was particularly concerned by the increasing racist hate crimes and hate speech, especially after the Brexit. Concerns were expressed in regard to the situation of the people of African descent, making reference to the racial profiling by the police, low-representation in public bodies, over–representation in the criminal justice system and psychiatric institutions. The Committee noted with concern on the introduction of fees in certain civil cases, which can limit the access to justice of vulnerable groups. The Committee urged the State party to ensure that its counter-terrorism measures do not jeopardize human rights, especially of persons belonging vulnerable groups. The Committee raised concern on the situation of gypsies and travelers including their freedom of movement and the right to housing. Other issues such as the situation of Chagossians, refugees, asylum seekers and migrants as well as the condition of detention centers were addressed. Read more (English/ French) . NGO meeting (English/ French) . In concluding observations , the Committee issued recommendations concerning following areas:

• Implementation of the Convention;
• Bill of Rights;
• National human rights institutions;
• Data collection and policies to tackle racial discrimination;
• Racist hate speech and hate crimes*;
• Counter-terrorism measures*;
• Access to justice;
• Discrimination against persons of African descent;
• Gypsies, Travellers and Roma;
• “Stop and search”;
• Criminal justice;
• Health*;
• Employment;
• Education;
• Racism and sectarianism in Northern Ireland;
• Immigration detention;
• Forcible eviction of Chagossians from Diego Garcia; and
• Haitians in the Turks and Caicos Islands.