Date : 2024.04.30

From 8th April to 26th April 2024, the UN Committee on the Elimination of Racial Discrimination (CERD) held its 112th session.

In this session, the Committee reviewed and adopted concluding observations on Albania, Mexico, Qatar, the Republic of Moldova and San Marino. Additionally, the Committee reviewed two follow-up reports submitted by France and Georgia. 

Under its Early Warning and Urgent Action procedure, the Committee adopted a Decision on Sudan in relation to the rise in ethnic violence due to uprising hostilities between the Sudanese Armed Forces and the Rapid Support Forces. It urged the Government to prevent further intensification of ethnic violence and racist hate speech. It also called on the Sudanese Armed Forces, the Rapid Support Forces and their allied forces to immediately cease hostilities and stop violations and abuses of international human rights and humanitarian law, especially violence against people on the grounds of their ethnic origin. 

The Committee also adopted a view on the individual communication against Switherland No. 74/ 2021 related to deportation to North Macedonia, risk of lack of access to medical treatment based on ethnic origin. While the Committee concluded that this case did not reveal a violation of the Convention, it invited the State party to ensure the second author get the all the care that her situation required during her stay on the State party’s territory, on top of the guarantee of medical assistance upon return to North Macedonia.

In the intersessional　period, many submissions were reviewed about its general recommendation 37 on racial discrimination and the rights to health. The Committee is expected to adopt it at its 113th session. Further, the Committee discussed with the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families to develop a joint general comment on addressing and eradicating xenophobia and its impact on the rights of migrants, their families and other non-citizens affected by racial discrimination. 

Concluding observations, reports of the States parties and other stakeholders are available on the session’s webpage. Video archives of the public meetings can be accessed at UN Web TV.

Albania

Albania had an interactive dialogue with the Committee on 16 and 17 April 2024 and concluded its consideration of the combined 13th and 14th periodic report. While the Committee noted the State legislation combatting racism in sports, it expressed concerns over the asylum agreement with Italy and the ways to recognise and include the Roma and Egyptian populations. 

In its concluding observations, the Committee issued recommendations on the following topics: 

• Statistics
• Applicability of the Convention
• Adoption of secondary legislation
• Institutional framework
• Racist hate speech
• Criminalising racist organisations
• Discrimination against Roma and Egyptians
• Right to education
• Right to adequate housing 
• Right to health
• Civil registration and access to public services 
• Political participation
• Multiple and intersectional discrimination 
• Discrimination against people of African descent
• Migrants and asylum seekers 
• Combatting racial stereotypes 

Mexico

On 9 April 2024, the Committee held an interactive dialogue with the State delegation of Mexico and adopted its consideration of the combined 22nd and 24th periodic report. The Committee commended the State on implementing its previous recommendations and asked about the implications of environmental programmes, such as the Mayan train project, on indigenous populations and about the treatment of Haitian migrants. 

In its concluding observations (original text in Spanish), the Committee issued recommendations on the following topics: 

• Statistics
• Definition of racial discrimination
• Institutionalism
• Racial hatred and incitement to racial discrimination
• Constitutional reform for Indigenous and Afro-descent people’s rights
• Structural discrimination against Indigenous peoples 
• Free, prior and informed consent 
• Impact of development and investment projects 
• Militarisation
• Internal displacement 
• Indigenous people’s land, territories and resources 
• Structural discrimination against people of African descent
• Discrimination based on skin colour 
• Multiple and intersectional forms of racial discrimination
• Political participation
• Community radio station 
• Discrimination against migrants
• Migrant facility
• Unaccompanied migrant children 
• Haitian migrants
• Access to justice
• Use of informal pre-trial detention
• Racial profiling 
• Combatting racial stereotypes

Qatar

The interactive dialogue took place on 17 and 18 April 2024 and concluded considering the combined 22nd and 23rd periodic report. While the Committee applauded the State’s memorial for enslaved Africans, it asked about mandatory HIV testing for migrant workers and the sponsorship known as kafala system. 

In its concluding observation, the Committee issued recommendations on the following topics: 

• Statistics
• Domestic application of the Convention
• Legal framework for combatting racial discrimination
• National Human Rights Institution 
• National plans on human rights and against racial discrimination 
• Implementation of Article 4 of the Convention 
• Structural discrimination and special measures to address inequalities 
• Migrant workers
• Right to life and occupational safety and health of migrant workers
• Migrant domestic workers 
• Racial profiling 
• Freedom of expression, association, assembly and civic space
• Freedom of thought, conscience and religion 
• Nationality rights 
• Housing 
• Right to health 
• Education 
• Naturalised citizens 
• Asylum seekers and refugees
• Stateless persons 
• Complaints concerning racial discrimination and access to justice 
• Human rights education to combat prejudice and intolerance

Republic of Moldova 

On 18 and 19 April 2024, the Committee held an interactive dialogue with the State delegation of the Republic of Moldova and concluded its consideration of the combined 12 to 14 periodic report. The Committee commended the State party on setting up specialised commissions for the implementation of recommendations on human rights. At the same time, it raised questions related to the representation of minority groups in the parliament and the role of Roma mediators. 

In its concluding observation, the Committee issued recommendations on the following topics: 

• Statistics
• Convention in the domestic legal order 
• National Human Rights Institution 
• Policy framework 
• Institutional framework
• Equality Council
• Racist hate speech and hate crimes
• Racial profiling
• Situation of ethnic minority groups 
• Situation of the Roma
• Migrants, refugees and asylum seekers
• Stateless persons
• Training, education and other measures to combat prejudice and intolerance

San Marino

San Marino had an interactive dialogue with the Committee on 11 and 12 April 2024 and concluded considering its initial report. The Committee commended that the State party made progress in setting up a national human rights institute while it inquired about the development of legislation to prohibit discrimination based on skin colour and descent and the prevention of online hate speech. 

In its concluding observation (original text in French), the Committee issued recommendations on the following topics: 

• Statistics
• Legislation against racial discrimination
• Application of the Convention 
• National Human Rights Institution 
• Compliance of criminal law with the Convention 
• Racist discourse and crimes
• Racial profiling 
• Equal enjoyment of economic social and cultural rights and participation in public affairs
• Situation of non-citizens, including migrants, refugees, asylum seekers and stateless persons
• Situation of migrant workers (badanti) 
• Education and training to combat racial discrimination 

＊ Its next session will be held from 5 to 23 August 2024, reviewing the reports of Belarus, Bosnia and Herzegovia, Iran, Iraq, Pakistan, United Kingdom and Venezuela.