Date : 2017.05.15

On 12th May, the Committee on the Elimination of Racial Discrimination (CERD) concluded its 92nd session. At the session, the CERD adopted concluding observations of Armenia, Bulgaria, Cyprus, Finland, Kenya and Moldova. *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 States parties at UN Web TV .

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Armenia

While welcoming the country’s ratification to almost all international human rights instruments, the Committee encouraged the State party to allow the individual communications procedure under Article 14 of the ICERD and sign the ILO Convention No.189 on domestic workers. In regard to asylum seekers and refugees, the Committee expressed concerns on reports on preferential treatment to persons of Armenian origin. The Committee asked the State party for information on refugees’ access to public and social services including children’s access to education. The Committee stressed the need to strengthen the legal framework against racial discrimination such as a comprehensive anti-discrimination law, prosecution of hate crimes and racial discrimination, and prohibition of racist hate speech. The absence of the National Human Rights Institution at the review led to a question on the sufficiency of its resources. The State party was asked to provide disaggregated data on minorities such as their political participation, access to employment, as well as the situation of minority women. Read more (English/ French). NGO meeting (English/ French). In concluding observations , the Committee issued recommendations concerning following areas:

• Status of the convention in the domestic legal order and anti-discrimination legislation;
• The Human Rights Defender’s Office;
• Organizations that promote racial hatred and propaganda;
• Hate crime and hate speech legislation;
• Reporting of cases of racial discrimination and prosecution of perpetrators*;
• Situation of minorities and enjoyment of economic, social and cultural rights;
• Situation of non-citizens*;
• Access to education;
• Participation in public life; and
• Minority women and girls.

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Bulgaria

The Committee raised concerns on the situation of migrants, asylum-seekers and refugees in the State party including the conditions in immigrant reception centre, ill-treatment, and Islamophobia. The State party was asked for information on measures against online and offline racist hate speech, especially in the political discourse. The Committee raised a number of concerns regarding the situation of Roma such as hate crimes, law enforcement’s disproportionate use of force and their access to housing, education and justice. The State party was asked about the role of labour inspection to tackle racial discrimination in employment. The Committee requested the information on human rights education to prevent racial discrimination as well as the access to education in minority languages. The Committee encouraged the State party to strengthen the institutional capacity to effectively address racial discrimination including its equality body, National Human Rights Institution and justice system. Read more (English/ French) In concluding observations , the Committee issued recommendations concerning following areas:

• Visibility of the Convention;
• Disaggregated data;
• Equality bodies*;
• Hate speech and hate crimes;
• Criminal justice system;
• Civil and administrative liability;
• Political participation of minority groups;
• Discrimination against the Roma; and
• Migrants, refugees and asylum seekers*.

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Cyprus

While commending the State party’s efforts to counter racial discrimination such as multi-stakeholders’ monitoring on the police and anti-racism education at school, the Committee asked for information on impacts of those measures including the National strategy for Roma integration. In regard to the situation of Roma, the Committee encouraged the State party to take further measures for the language protection and access to housing. The Committee expressed concerns on reports on hate crimes and racist hate speech, especially in the political discourse. The State party was asked to provide sufficient resources to the National Human Rights Institution for it to be given A status. The Committee raised a number of questions regarding migrants, asylum-seekers and refugees such as the use of reception centre, gender-based violence and access to employment. The Committee requested the State party to provide information with regard to the justice system such as the number of applications of the ICERD in the domestic courts and composition of prison population. Information on the situation of stateless persons, domestic workers, persons of African descent and Turkish Cypriots was requested. Read more (English/ French) In concluding observations , the Committee issued recommendations concerning following areas:

• Peace process and intercommunal relations;
• Statistical data;
• Domestic application of the Convention;
• Racism as an aggravating circumstance*;
• National Human Rights Institution;
• Hate crimes and hate speech;
• Situation of Roma/Kurbets;
• Situation of asylum seekers;
• Domestic workers;
• Complaints of racial discrimination; and
• Trainings for law enforcement officers, judges, lawyers and state officials*.

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Finland

Acknowledging the State party’s role in advancing human rights both nationally and globally, the Committee stressed that the State party has the capacity to collect disaggregated data and allocate sufficient resources to the National Human Rights Institution. The Committee raised a number of questions  on the situation of indigenous Sámi people such as their property rights, right to free, prior and informed consent (FPIC), right to self-determination including the definition of Sámi, the protection of Sámi languages, the ratification of the ILO Convention No. 169, and negative impacts of the climate change. The Committee expressed concerns on the regression on the State party’s policy on asylum-seekers and refugees, especially the decrease in the number of admissions of refugees. The State party was encouraged to strengthen its justice system as well as measures against racist hate speech and hate crimes through data collection, training of law enforcement officers, prevention of racial profiling, and human rights education at school. The Committee requested the State party to provide detailed information on Roma and people of African descent such as their socioeconomic situation and prison population. Read more (English/ French). NGO meeting (English/ French). In concluding observations , the Committee issued recommendations concerning following areas:

• Statistics;
• Application of domestic legislation;
• Hate speech, incitement to racial hatred, and hate crimes;
• Roma communities ;
• Situation of the Sámi*;
• Employment and housing;
• Bullying of children from perceived foreign backgrounds; and
• Migrants, asylum seekers and refugees*.

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Kenya

The Committee welcomed the State party’s efforts to host a large number of refugees and asylum-seekers. In order to assess the situation of racial discrimination, the Committee asked the State party to provide disaggregated data including the number of prosecution of hate crimes. The Committee expressed concerns on the situation of indigenous peoples, in particular in relation to their land rights and forced evictions, access to justice, and cultural rights. The State party was asked to provide information on the protection measures for people with Albinism. The Committee raised concerns on the lack of sanctions on racist hate speech, especially de-fact impunity for politicians. The State party was encouraged to accept the individual communications procedure of the CERD, ensure the prosecution of the acts of racial discrimination and strengthen the National Human Rights Institution. The Committee invited the State party to take further steps to promote minority and indigenous peoples’ access to education, social services, employment and housing. Read more (English/ French). NGO meeting (English/ French). In concluding observations , the Committee issued recommendations concerning following areas:

• Statistics*;
• Definition of racial discrimination;
• National human rights institution;
• Acts of racial discrimination, racist hate speech and incitement to racial hatred*;
• Access to justice;
• Special measures to address inequalities;
• Situation of indigenous peoples;
• Historical land injustices;
• Informal Settlements;
• Stateless persons;
• Counter-terrorism measures;
• Trafficking in persons and migrant workers overseas;
• Persons with albinism;
• Truth, Justice and Reconciliation Commission; and
• Refugees and asylum-seekers.

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Moldova

The Committee welcomed a series of positive steps taken by the State party such as the law on equal opportunities, the new Action Plan to support the Roma people for 2016-2020 and amendments to the existing laws to strengthen the legal framework against racial discrimination. The Committee expressed concerns on the lack of resources allocated to improve Roma people’s access to housing, health, employment and education. Multiple forms of discrimination against minority women and girls such as in education, public and political participation drew the Committee’s attention. The Committee noted the lack of legal measures against racist hate speech and hate crimes, especially the dramatic increase of hate speech incidents during the last Presidential campaign. The Committee encouraged the State party to strengthen its National Human Rights Institution. The Committee asked the State party about how it plans to include minorities in the Sustainable Development Goals (SDGs). The Committee requested the State party for information on human rights training of the judiciary and domestic application of the ICERD. Read more (English/ French). NGO meeting (English/ French). In concluding observations , the Committee issued recommendations concerning following areas:

• Statistical Data;
• Ombudsman for Human Rights;
• Legal framework;
• Hate speech and hate crimes;
• Cases of racial discrimination;
• Freedom of religion of ethnic minorities;
• Linguistic rights of ethnic minorities*;
• Situation of Roma;
• Situation of non-citizens*;
• Training on racial discrimination for judges, lawyers and state officials.