Date : 2016.05.17

On 13th May at its 89th session, the UN Committee on the Elimination of Racial Discrimination (CERD) adopted concluding observations of Azerbaijan, Georgia, Namibia, Oman, Rwanda and Spain. *Recommendations with asterisks [*] are 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 Treaty Body Webcast .

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Azerbaijan

The Committee expressed concern on the environment on civil society and human rights defenders in Azerbaijan. The Committee encouraged the State party to incorporate the Convention’s definition of racial discrimination into national law. The Committee was interested whether the justice system including law enforcement officers can address the cases of racial discrimination such as hate crimes and hate speech in line with the Convention. The Committee repeatedly recommended the State party to adopt measures to improve the situation of ethnic minorities. The Committee was concerned by the treatment of refugees, asylum-seekers and migrant workers including people of African descent. Read more (English) . In concluding observations , the Committee issued recommendations concerning following areas:

• Definition of racial discrimination;
• Special measures;
• Civil society organizations;
• Article 4;
• Enforcement of hate crime law;
• Status of the Convention in domestic legal order;
• Complaints of racial discrimination;
• Legal protection on the rights of groups vulnerable to racial discrimination;
• Information on the situation of members of ethnic minorities;
• Instruments of consultation and dialogue;
• Inflammatory speech by politicians;
• People of African descent;
• Identity paper and statelessness*;
• Migrant workers*; and
• Human rights defenders and journalists.

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Georgia

The Committee pointed out that the lack of complaints on racial discrimination may be due to the mistrust in the justice system in Georgia. The Committee encouraged the State party to ensure hate crimes and hate speech are addressed without impunity. The Committee expressed concern on the situation of ethnic minorities including Roma, especially their access to education and language. The Committee drew its attention to challenges faced by repatriated persons such as access to citizenship and social services. Read more (English) . In concluding observations , the Committee issued recommendations concerning following areas:

• Implementation of anti-discrimination legislation*;
• Racist hate speech and hate crimes;
• Disaggregated data;
• National or ethnic minorities;
• Roma;
• Persons deported by the Union of Soviet Socialist Republics in 1944;
• Labour inspectorate;
• Asylum-seekers; and
• Stateless persons*.

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Namibia

While welcoming the Human Rights Action Plan (2015-2019), the Committee expressed concern on the limited mandate of the National Human Rights Institution in Namibia. The Committee expressed concern on the high rate of poverty among indigenous peoples. The Committee stressed the need to collect statistical data to assess the situation of vulnerable population such as indigenous and minority groups. The Committee was concerned by the information which mobile schools to provide access to education for indigenous and minority children are no longer available. The Committee encouraged the continuation of the State party’s efforts to promote equal distribution of resources including land and natural resources. Read more (English) . In concluding observations , the Committee issued recommendations concerning following areas:

• Disaggregated Statistical Data;
• National Human Rights Institution*;
• Definition of racial discrimination;
• Racist hate speech;
• Special measures;
• Indigenous peoples*;
• Violence against San women;
• Political participation of indigenous peoples;
• Access to Education;
• Land reform and resettlement;
• Complaints on racial discrimination and remedies; and
• Non-citizens.

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Oman

The Committee expressed concern on the absence of definition of racial discrimination and comprehensive anti-discrimination law. Application of the Convention by judiciary was questioned. Continuing marginalisation of former slaves and their descendants was alarmed by the Committee. The Committee encouraged the State party to ensure the independence of its National Human Rights Institution in compliance with the Paris Principle. The Committee recommended the State party to abolish the the Kafala (sponsorship) system imposed on migrant workers. Labour exploitation and abuse of foreigners including domestic workers remained concern of the Committee. The Committee raised concern on the limited access to nationality for children of non-Omani father and Omani mother. Read more (English) . In concluding observations , the Committee issued recommendations concerning following areas:

• Relevant statistical data;
• National human rights institution;
• Civil society;
• Legal status of the Convention;
• Absence of comprehensive anti-discrimination legislation;
• Non-citizens;
• Situation of minorities;
• Migrant workers*;
• Domestic workers;
• Trafficking in persons;
• Right to nationality and statelessness prevention;
• Refugee protection; and
• Complaints of racial discrimination and remedies .

–

Rwanda

Extreme poverty  faced by indigenous Batwa people in Rwanda was one of the main concerns of the Committee including their access to social services, justice, education as well as temporary special measures. The Committee urged the State party to provide compensation and protection to displaced Batwa people. The Committee was concerned by insufficient protection measures for refugees and asylum seekers. The Committee requested the State party to provide disaggregated data to assess the situation of racial discrimination and evaluate measures to combat discrimination. The Committee encouraged the State party to punish hate speech in line with Article 4 of the Convention. Read more (English/  French) . NGO briefing (English/ French) . In concluding observations , the Committee issued recommendations concerning following areas:

• Definition of racial discrimination;
• Distinction based on nationality;
• Provision of data;
• Criminal legislation in compatible with Article 4 of the Convention*;
• Situation of Batwa;
• Participation of Batwa in public and political affairs;
• Land issues;
• Situation of refugees and asylum seekers*; and
• Access to remedies and provision of data relating to the application of Article 6.

–

Spain

The Committee encouraged the State party to include transnational business activities into its action plan on business and human rights. The Committee expressed concern on the reports of forced return of migrants, asylum seekers and refugees as well as the lack of support measures. The situation of ethnic minorities such as people of African descent and Roma, and their access to education,  employment and housing was raised as a concern. The Committee expressed interest in the State party’s human rights education to tackle racial discrimination. The State party was encouraged to collect disaggregated data to comprehend the status of minority population in different sphere of life including participation in public and political affairs. Read more (English) . NGO briefing (English) . In concluding observations , the Committee issued recommendations concerning following areas:

• Population data;
• Information on racist incidents;
• Immigrants, asylum seekers and refugees*;
• Ceuta and Melilla;
• Sinti and Roma;
• Media and social networks;
• Identity checks*.;
• African descents;
• Right to education; and
• Business and human rights.