Date : 2015.08.28

On the last day of the 87th session, UN Committee on the Elimination of Racial Discrimination (CERD) adopted the concluding observations of Colombia, Costa Rica, Niger, Suriname, the Former Yugoslav Republic of Macedonia, Czech Republic, Norway and the Netherlands. *Recommendations with asterisks [*] are follow-up recommendations

Concluding observations, the 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 Treaty Body Webcast  The Committee announced that it will celebrate the 50th anniversary of the Convention on 26th November 2015 .

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Colombia

The Committee raised various issues concerning indigenous peoples and Afro-Colombians, including exploitation of natural resources, prior consultation, access to justice, land rights, rights to health and water. The Committee expressed concern on the lack of statics on demographic composition of the population as well as the inadequate implementation of the domestic law prohibiting racial discrimination including racist hate speech. With regard to armed conflict and peace negotiations, disproportionate negative impacts on vulnerable groups including forced displacement and sexual violence were concerned. The Committee was deeply alarmed by constant threats to and murders of human rights defenders, indigenous and minority leaders.  Multiple discrimination against indigenous and Afro-Colombian women especially in access to education, employment, justice and health services concern the Committee. Read more (English/ French) . NGO briefing (English/ French) . In concluding observations , the Committee issued recommendations concerning following areas:

• Demographic composition of the population;
• Definition and prohibition of racial discrimination;
• Impact of armed conflict and peace negotiations*;
• Structural discrimination against Afro-Colombians;
• Indigenous peoples and endangered indigenous peoples in isolation or initial contact*;
• Forced displacement;
• Land rights and land restitution;
• Right to prior consultation;
• Impact of projects to exploit natural resources;
• Political rights of Afro-Colombians;
• Human rights defenders and leaders of indigenous peoples and Afro-Colombians;
• Afro-Colombians in Buenaventura*;
• Discrimination against indigenous and Afro-Colombian women;
• Right to health;
• Right to water*;
• Right to education; and
• Access to justice.

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Costa Rica

The Committee raised the issue of a lack of disaggregated statistical data. The Committee expressed concern on racial stereotypes of persons of African descent, especially portrayed in the “Cocori” book which is a reading material of primary school. Indigenous peoples’ and Afro-descendants’ rights to education, land, prior consultation, non-discrimination, linguistic rights, access to justice were closely examined. The Committee recommended the State party to allow the domestic law to address racist hate speech. The structural discrimination against Afro-descendants in decision-making, employment and state institutions was identified. The Committee noted that inadequate legal framework to tackle racial discrimination is due to many draft measures pending before the Legislature. Discrimination faced by Afro-descendant and indigenous women in different spheres of life was also addressed. Read more (English/ French) . NGO briefing (English/ French) . In concluding observations , the Committee issued recommendations concerning following areas:

• Statistical data;
• Structural discrimination;
• Legal framework*;
• Racial stereotypes in textbooks*;
• Education system;
• Criminalisation racial discrimination;
• Access to justice;
• Right to prior consultation*;
• Right to self-determination;
• Access to land;
• Migrant workers; and
• Multiple discrimination.

–

Niger

Although the Committee acknowledge the efforts of the State party in establishing a national human rights institution, it regretted that the body has not received A status. The Committee expressed concern on alleged arbitrary use of hate speech law against political opposition and continuing practice of slavery based on descent. Discrimination against minorities including in employment, public representation and access to justice, water and land was raised. While expressing interest in the “joking relationship” methods to settle conflict, the Committee was alerted by escalating tensions and conflicts between nomads and the rest of the population. Human rights violation of minority women such as early or forced marriage and slavery drew the Committee’s concern. Read more (English/ French) . In concluding observations , the Committee issued recommendations concerning following areas:

• Definition and criminalization of racial discrimination;
• National human rights institution*;
• Practice of slavery and discrimination based on descent*;
• Lack of legal actions for racial discrimination;
• Harmful traditional practices against women;
• Special measures;
• Exploitation of natural resources;
• Conflict management between nomadic populations and other groups*; and
• Human rights training and awareness raising*.

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Suriname

A lack of legal framework and measures against racial discrimination including anti-racial discrimination legislation, prohibition of racist hate speech, non-implementation of the decisions of the Inter-American Court, the absence of Constitutional Court and national human rights institution drew attention of the Committee. The Committee was concerned by the practice of descent-based discrimination against Dalits in Indian communities. Discrimination against Haitian migrants was also looked into. The Committee raised the issues of inadequate protection of indigenous and tribal peoples’ land rights, linguistic rights and the right to environment, health, free and prior informed consent regarding corporate activities. The Committee expressed concern that indigenous and tribal children’s access to education in their own language is not provided. Read more (English/ French) . NGO briefing is (English/ French) . In concluding observations , the Committee issued recommendations concerning following areas:

• Definition and prohibition of racial discrimination;
• Constitutional Court;
• National human rights institution;
• Discrimination based on descent;
• Combating human trafficking;
• Migrants and refugees;
• Structural discrimination*;
• Legislative framework*;
• Exploitation of natural resources and right to free and prior informed consent*;
• Health and Environmental contamination;
• Decisions of the Inter-American Court of Human Right;
• Participation in public life and decision making processes;
• Access to Education; and
• Access to justice and right to remedies*.

–

The Former Yugoslav Republic of Macedonia

While appreciating State party’s measures for Roma including National Action Plan for Advancing the Social Status of Roma women, the Committee expressed concern on various issues of Roma including racial profiling, early marriage, segregation in education, excessive use of force by law enforcement officials and discrimination against Roma women. The Committee also questioned the discrepancy of State statics of Roma from other sources, and the need to collect disaggregated data was stressed. The State party was encouraged to harmonise domestic law in line with the Convention, including the prohibition of racist hate speech, and to take measures to enable its national human rights institution to receive A status. The Committee was concerned by poor conditions of reception centers for migrants and asylum seekers. The situation of Albanian communities drew attention of the Committee. Read more (English/ French) . In concluding observations , the Committee issued recommendations concerning following areas:

• Monitoring racial discrimination;
• The Convention in domestic legislation;
• National institutions*;
• Situation of migrants, asylum-seekers and refugees;
• Freedom of movement*;
• Situation of Roma;
• Gender-related dimensions of racial discrimination;
• Situation of children;
• Evaluation of national policies; and
• Right to participate in public life*.

–

Czech Republic

The Committee expressed concern on escalating xenophobia and hate speech against non-citizens, Muslim and Roma population. The State party was encouraged to redouble its efforts to have a national human rights institution with A status. The Committee was alerted by human rights violations and discrimination against Roma including forced sterlisation of Roma women, segregation in school, discrimination in housing, employment, health care and other public services. The Committee posed question the sufficiency of measures to ensure access to justice while taking account of the low level of complaints of racial discrimination and the small number of prosecution of hate crimes. Read more (English/ French) . In concluding observations , the Committee issued recommendations concerning following areas:

• Data collection;
• The Convention in domestic legislation;
• National human rights institutions (NHRIs)*;
• Policy measures concerning Roma;
• Social segregation of Roma;
• Racial hatred, racist hate speeches and racially motivated violence;
• Discrimination against Roma in their enjoyment of economic social and cultural rights;
• Segregation of Roma children in education*;
• Over-representation of Roma children under institutional care;
• Forced sterilization of Roma women*;
• Trafficking in human beings;
• Refugees and asylum-seekers;
• The stateless; and
• Right to effective remedies.

–

Norway

While welcoming measures to counter racist hate speech and establish a new national human rights institution, the Committee encouraged the State party to accelerate the process and ensure it to receive A status. Regarding racist hate speech against Roma, Taters, migrants, asylum-seekers, indigenous peoples, national and ethnic minorities, the Committee alerted the danger of relying only on counter speech. The Committee emphasised the need to adopt measures in line with the Article 4 of the Convention against hate speech, hate crimes and racist organisations. The Committee expressed concern on discriminatory application and effects against minority groups by the law criminalising homelessness. Furthermore, the Committee was concerned by reports on discrimination in employment. The Committee asked the State parties for its measures to protect cultural practices and indigenous rights of Sami peoples. Read more (English/ French) . NGO briefing is (French) . In concluding observations, the Committee issued recommendations concerning following areas:

• Statistical data on the ethnic composition of the population;
• Definition of racial discrimination;
• Status of the Convention in the domestic legal order;
• National Human Rights Institution*;
• Racist hate speech, including speech over Internet and incitement to racial hatred;
• Hate crimes;
• Prohibition of organizations that promote racial discrimination;
• Discrimination in access to the labour market;
• Norwegian companies operating abroad;
• The situation of Roma and Taters;
• The situation of the Sami*;
• Free legal aid in discrimination cases and damages for non-economic loss;
• Intersectional discrimination and violence against minority and migrant women;
• Refugees and asylum seekers, including unaccompanied minors;
• Interpretation services*; and
• Right to education.

–

Netherlands

Although it welcomed the State party’s planned initiative to tackle racial discrimination such as an awareness raising campaign and a new National Action Plan, the Committee pointed out the lack of implementation of such measures by municipalities. The Committee expressed concern on tolerance of racist and xenophobic hate speech especially against Jewish and Muslim persons when such speech was made in political discourse. The Committee requested information on measures to protect human rights in the State party’s overseas territories. Racial profiling by police, judges and psychiatrists was repeatedly discussed during the meetings. Majority of the Committee members expressed concern on the negative portrayal of people of African descent by Black Pete, and stressed the need to include the history of slavery in school education. Low level of prosecution of racial discrimination incidents and excessive use of force by law enforcement officials drew concern of the Committee. The Committee was alerted by discrimination against Roma, such as reports of Roma children being taking away from their families and decreasing number of camp sites for Travellers. The Committee was concerned by the situation of asylum-seekers, refugees and migrants including abuse of LGBTI asylum seekers. Read more (English/ French) . NGO briefing is (French) . In concluding observations , the Committee issued recommendations concerning following areas:

• Responsibility for the implementation of the Convention;
• Legislation;
• Racist hate speech in political discourse and the media and discrimination against members of Jewish and Muslim communities*;
• Racial profiling and prevention of racial discrimination and combating stereotyping and stigmatization;
• Discrimination against people of African descent;
• Cultural traditions and racial discrimination;
• Discrimination against Roma, Sinti and Travellers;
• Migration and integration policy;
• Discrimination in employment*;
• Reporting and prosecution of cases of racial discrimination;
• Cooperation with civil society*;
• Civic Integration Examination Abroad;
• Education;
• Asylum-seekers and refugees;
• Minority women and girls; and
• Dutch companies abroad.