Date : 2017.08.29

On the 25^th of August, the Committee on the Elimination of Racial Discrimination (CERD) concluded its 93^rd session. At the session, the CERD adopted concluding observations on Canada, Djibouti, Ecuador, Kuwait, New Zealand, Russia, Tajikistan and the United Arab Emirates. *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 .

The Committee adopted a decision on the USA and Nigeria under its Early Warning and Urgent Action Procedure. The list of issues for Bahrain  was adopted during the 93rd session.

 

Canada

The Committee welcomed the State party’s progress on the Bill on Poverty, the measures Quebec has taken to combat racist hate speech, and the creation of a national inquiry into missing indigenous women and girls. However, significant concern was expressed at the displacement of indigenous peoples from their ancestral homelands and the Committee queried whether the right to consultation and free, prior and informed consent (FPIC) was actually implemented. Apprehensions were raised vis-à-vis racial profiling by the police, the disproportionate percentage of indigenous peoples and minorities in prison populations, and the failure of security organisations to adhere to anti-discrimination policies. Questions were also asked about the National Reconciliation Commission and whether Canada had an implementation plan. Regarding non-citizens, migrants, refugees and asylum seekers; questions were raised on their access to health, the absence of an upper time limit for immigration detention, the deplorable working conditions of migrant workers, and their exclusion in law from receiving basic employment benefits. The State party was urged to ratify ILO Convention No. 189 and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. As African-Canadians are the primary victims of hate crimes and are discriminated against in terms of housing, wages, and the public service – the State party was urged to speak out against hate crimes specifically directed against the African community. Statistics on racial discrimination, hate crimes and complaints were also requested. Further questions were raised on the issue of discrimination in employment, the State party’s application of the SDGs and the measures taken to implement the International Decade for People of African Descent. Read more (English/ French). NGO meeting (English/ French). In its concluding observations , the Committee issued recommendations concerning following areas:

• Statistical data;
• Domestic applicability of the Convention;
• National Action Plan Against Racism;
• Anti-racism legal framework;
• Racist Hate crimes;
• Racial profiling and disproportionate incarceration;
• Truth and Reconciliation Commission and UN DRIP;
• Land rights of Indigenous Peoples*;
• Corporations operating abroad;
• Violence against Indigenous women and girls;
• Situation of Indigenous Peoples with disabilities;
• Discrimination against Indigenous children;
• Discrimination in the Education System;
• Employment discrimination; and
• Situation of migrants, refugees and asylum seekers*.

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Djibouti

The Committee commended the inclusive State party report but requested an elaboration on the core document and recommended that they use the guidelines. The Committee asked what was necessary to acquire the Djibouti nationality, further information on migrant and refugee populations, and about the State party’s plan to decrease the prevalence of human trafficking. The Committee enquired about the makeup of the prison population, access to legal assistance, and the value of the Convention in the hierarchy of Djibouti law. Regarding the State party’s judges; the Committee questioned the method of appointments, whether they were aware of the Convention, and for disaggregated data on judges’ ethnicities. Further information was requested about freedom of assembly and how Djibouti planned to guarantee the independence of the NHRI. The Committee was also interested in education, health – specifically on the right to water, the practice of FGM, and the protection of albinos. The Committee encouraged the State party to define and criminalise racist hate speech and protect victims of trafficking. Read more (English/ French) . In concluding observations , the Committee issued recommendations concerning following areas:

• Provision of data;
• Definition of racial discrimination;
• National Human Rights Institution*;
• Civil society;
• Compatibility of criminal legislation with article 4 of the Convention;
• Participation of minorities in political and public life;
• Economic, social, and cultural rights of nomads and other vulnerable groups;
• Harmful traditional practices;
• Situation of refugees and asylum seekers*;
• Promotion of Somali and Afar languages;
• Trafficking in human beings*;
• Access to justice and the provision of data on the application of article 6; and
• Human rights education to combat prejudice and promote understanding.

 _

Ecuador

While commending the National Plan on Living Well and the 2017 Law of Human Mobility, the Committee asked for further information on the implementation of these initiatives. The Committee also asked what the State party was doing to achieve the SDGs and the current processes to protect stateless persons. Further information was requested regarding the indigenous peoples in Ecuador, specifically their role in national debate and how positive actions have affected them. Interest was also expressed about the indigenous justice system and its coordination with national courts. The Committee was concerned that free, prior and informed consent (FPIC) was not being respected and asked about the indigenous prison population, temporary housing centres, and the closure of bilingual schools. The Committee enquired further on labour conditions of migrant workers, human trafficking, and measures the State party was taking regarding the International Decade for People of African Descent. Read more (English/ French) . NGO meeting (English/ French) . In concluding observations , the Committee issued recommendations concerning following areas:

• Measures against structural discrimination;
• Hate crimes and racial discrimination;
• Indigenous and ordinary justice*;
• Indigenous peoples in involuntary isolation or initial contact;
• Impact of the projects exploiting natural resources;
• Free, prior and informed consent;
• Human rights defenders*;
• Awá Indigenous People;
• Measures against multiple forms of discrimination;
• Access to bilingual and higher education;
• Combating discrimination in the media;
• Human mobility*; and
• Trafficking in persons.

 _

Kuwait

The Committee welcomed Legislative Decree 19/2012 relating to national unity and the generosity of the State when fostering overseas development. The Committee acknowledged the creation of the National Human Rights Office but was concerned that it had not yet been established and had close links to Cabinet. The Committee urged the State party to amend the legal definition of racial discrimination to agree with Article 1 of the Convention and raised a number of questions on the Bidoon such as the denial of nationality, prohibition on the Bidoon to assemble publically, the violent oppression and imprisonment of protesters, and the deprivation of Bidoon children of free primary education. The Committee was concerned about the State party’s approach to migrant workers – in particular the kefala (system of sponsorship), the wage gap between Kuwaiti citizens and non-citizens, discriminatory statements by members of parliament, and the deportation of migrants. The Committee also raised questions on human trafficking, the transmission of Kuwaiti nationality to their children, the status of the Convention in national law, and whether the judiciary are adequately trained on the Convention. The Committee encouraged the State party to provide high quality education for all, prosecute the members of parliament for making discriminatory statements, guarantee the right to protest, and provide detailed information on the Bidoon, migrants and irregular workers. The Committee was also interested in the measures that the State party is taking for the International Decade for People of African Descent.  Read more (English/ French) .  In concluding observations , the Committee issued recommendations concerning following areas:

• Statistics;
• Definition and criminalization of racial discrimination;
• National human rights institution*;
• Racist hate speech and hate crimes;
• Trafficking in persons;
• Civil service employment;
• Application of the Convention in domestic legal order;
• Sponsorship system for foreign workers;
• Foreign domestic workers;
• Access to justice for foreign workers;
• Persons in an irregular situation – stateless persons – Bidoon*;
• Human rights defenders;
• Nationality laws; and
• Refugees and asylum-seekers.

 _

New Zealand

While the Committee welcomed the State party’s efforts to infuse Māori cultural norms into society, the Wanganui River Settlement, and willingness of the State party to apologise on behalf of the Crown, concerns were raised about the Action Plan that was constructed around the UPR recommendations. The Committee queried if sufficient consultation was undertaken and whether the Durban Declaration and Programme of Action (DDPA) were really included. As Māori constitute over 50% of the prison population, the Committee requested further information regarding crimes before the courts and what strategies are being implemented to reach lower rates of recidivism. Questions were also raised on the failure to inquire into children placed in state care. The Committee stressed the fact that more needed to be done for Māori from low socioeconomic situations and wanted information on how the State party was held accountable for implementing the terms of the Treaty of Waitangi. The State party was also questioned on the diminishing Māori languages and what measures were being taken to revitalise the language. Concerning migrants and refugees; queries were made about the disparate treatment of refugees that come through the humanitarian quota in relation to other refugees, the existence of detention centres, and the inclusion of immigrants into society. The Committee was concerned about reports of on-going discrimination against migrants and information on severe labour commissions. The State party was encouraged to explicitly entrench the Treaty of Waitangi into the constitution, to implement the recommendations of the Constitutional Advisory Panel, and to explain in writing why any decisions of the Waitangi Tribunal were departed from. The Committee also encouraged the State party to support the NGOs that support migrants. Read more (English/ French) . NGO meeting (English/ French) . In concluding observations , the Committee issued recommendations concerning following areas:

• National Action Plan on Racism and the Race Relations Commissioner;
• Racist hate speech and hate crimes;
• Acts of racial discrimination;
• Treaty of Waitangi;
• Māori land issues and the Treaty settlement process*;
• Māori intellectual and cultural property rights*;
• Special Housing Area 62;
• Marine and coastal rights;
• Freshwater and geothermal resources;
• Criminal justice;
• Health;
• Employment;
• Migrants;
• Māori and Pasifika children*;
• Māori language; and
• Education.

 _

Russian Federation

The Committee welcomed the State party’s efforts to improve the legislative framework to implement the Convention and the decrease in the number of murders on the grounds of hatred. However, the Committee expressed concerns about the lack of information regarding the use of the Convention in the courts, the wide definition of extremist activity, the rise of hate crimes and hate speech, and stateless persons. Further information was requested on the legislative and administrative measures taken to remedy victims of racial discrimination, and whether provisional measures were being taken in accordance with the ICJ order in 2017 on Crimean Tartars. The State party was strongly encouraged to repeal foreign agent laws and condemn racist hate crimes and hate speech. The Committee questioned the State party on the Roma people, specifically on the existence of a comprehensive action plan, segregation, special access to citizenship and housing, and whether the Roma children had access to a quality education. The State party was urged to cease the eviction and destruction of Roma homes. Further questions were asked regarding the barriers between minorities and the full enjoyment of Convention rights and the lack of legal protection for indigenous lands. The State party was also encouraged to create a special council for the indigenous peoples and to ratify ILO Convention No. 169. The Committee was also interested in the measures the State party is taking for the International Decade for People of African Descent. Read more (English/ French) . NGO meeting (English/ French) . In concluding observations , the Committee issued recommendations concerning following areas:

• Visibility of the Convention;
• Disaggregated data;
• Anti-discrimination legislation;
• Laws on Combating Extremism and on “Foreign Agents” and on “Undesirable Organizations”;
• Complaints of racial discrimination
• Hate crimes and racist hate speech;
• Racism in sports;
• Convention rights of residents in Crimea*;
• Roma;
• Indigenous peoples*;
• Migrant workers;
• Unregistered persons; and
• Multi-ethnic based education.

 _

Tajikistan

The Committee welcomed the State party’s report but requested an update of the common core document and encouraged the next submission to comply with the reporting guidelines. The Committee asked if the provisions of the Convention were being directly invoked in domestic courts, where it stands in the legal hierarchy, and how integrated it is into the legal system. The Committee was concerned about the lack of information on the 2010 census and requested that the material be shared with the Committee. The Committee was also concerned by the fact that the number of schools teaching a minority language had decreased. Further information was then requested regarding the education, access to healthcare, and deportation of refugees and asylum seekers. The issue of stateless people was raised and the Committee asked how a stateless person could acquire nationality. Questions about the Roma were also asked regarding structural discrimination and awareness raising campaigns. The Committee encouraged the State party to adopt a definition of racial discrimination that complies with Article 1 of the Convention and lift the residence restriction on Roma to enable freedom of movement. The Committee was also interested in the measures that the State party is taking for the International Decade for People of African Descent. Read more (English/ French) . NGO meeting (English/ French) . In concluding observations , the Committee issued recommendations concerning following areas:

• Relevant data;
• Definition and criminalization of racial discrimination;
• Absence of court cases on racial discrimination;
• Participation in public and political life*;
• Situation of Roma/Jughi community*;
• Situation of refugees and asylum seekers;
• Situation of stateless persons;
• Combatting human trafficking;
• Discriminatory law against non-citizens;
• Mandate of the Ombudsman;
• Promotion of minority languages; and
• Combating prejudices.

 _

United Arab Emirates

The Committee welcomed the Formal Tolerance Charter of 2016 and the new electronic system put in place to protect domestic workers. The Committee was concerned that some provisions of the State party’s Constitution, specifically those relating to personal liberty, did not apply to non-citizens and questioned the State party about the kefala system. The Committee was also concerned at the legislation’s apparent focus on religious discrimination and its lack of scope on racial discrimination and urged the State party to adopt a decision compliant with Article 1. The Committee questioned the State party on Bidoon, specifically how one was able to attain citizenship or nationality, and asked for further information on migrant workers, measures to protect domestic workers, how the State planned on preventing violations of the labour codes and ensuring the respect for manual workers. The Committee encouraged the State party to ratify ILO Convention No. 189 and accede to the ICESCR, ICCPR, and UNESCO Convention 1960. The Committee also requested disaggregated data, information on complaints filed under the electronic system, and information on the population of prisons. The Committee stressed the benefits and the feasibility of a NHRI. The Committee was also interested in the measures the State party is taking for the International Decade for People of African Descent. Read more (English/ French) . In the concluding observations , the Committee issued recommendations concerning following areas:

• Statistical data;
• National Human Rights Institution;
• Constitutional prohibition of racial discrimination;
• Law on discrimination and hate speech;
• Complaints of racial discrimination;
• Access to justice;
• Discrimination in employment;
• Sponsorship system;
• Situation of foreign workers;
• Pensions for foreign workers;
• Protection of foreign domestic workers*;
• Situation of Bidoon (stateless persons)*;
• Nationality rights; and
• Training courses on racial discrimination.

 

Early Warning and Urgent Action Procedure

USA: The Committee adopted a decision  on the events in Charlottesville on the 11-12 August 2017, condemning the actions of white nationalists, neo-Nazis, and the Ku Klux Klan in promoting white supremacy and racial violence. The Committee has stated that there was a failure at the “highest political level” to reject racist violent events.

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Nigeria: In a separate decision, the Committee denounced  the ultimatum and death threats directed toward the Igbo minority in Nigeria. Several UN human rights experts have warned that the hate messages and incitement to violence can “endanger social cohesion and threaten peace”. The Committee stressed that the government, media and civil society must reject and condemn these statements “unequivocally and in the strongest possible terms”.