Concluding Observations of the Committee on the Elimination of Racial Discrimination

ALBANIA (2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Albania, 10/12/2003, CERD/C/63/CO/1.

7. The Committee welcomes with satisfaction the measures adopted to protect religious freedom and the considerable efforts made to promote the education and cultural rights of persons belonging to national minorities. It particularly commends the adoption of article 20 of the Constitution on education in the mother tongue.

16. The Committee takes note of the State party's explanations that "minority areas" no longer exist in Albania, as the persons belonging to minorities have the same rights, whatever their geographical location. The periodic report nevertheless refers primarily to measures adopted to implement cultural rights in districts where the Greek and Macedonian-Slav minorities are traditionally concentrated. These minorities complain about the lack of mother-tongue education system outside these regions and about the refusal by the Albanian authorities to respond to their requests for such education. The Committee understands that the exercise of the right to study and to be taught in the mother tongue means that a specific number of members of a minority must be present in a particular geographical area. It also recognizes the efforts being made by the State party to ensure that mother-tongue classes and schools are maintained, despite the drop in the number of students. It nevertheless recommends that the State party ensure that the rights of members of minorities are not unduly restricted outside areas where these minorities are concentrated. It requests information on this question to be included in the next periodic report, with regard to all minorities.

20. The Committee points out that the State party has not provided adequate information about the gender-related dimensions of racial discrimination. The Committee draws the attention of the State party to its general recommendation XXV on gender-related dimensions of racial discrimination and recommends that it assess the extent of and prevent racial discrimination against women in general. It requests information on this question in the next periodic report.

21. The Committee is concerned about information relating to discrimination against the Roma in respect of access to education, health, hygiene, housing, employment, and sufficient and adequate food and water. The Committee recommends that the State party intensify its efforts on behalf of the Roma minority, in accordance with general recommendation XXVII. Special efforts should be made, in consultation with the communities concerned, to integrate Roma children into the Albanian educational system, while allowing for the possibility of bilingual or mother-tongue instruction and respecting the communities' cultural identity and way of life. Information on the results achieved by the national strategy on behalf of the Roma should be communicated in the next periodic report.

ARGENTINA (2004)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Argentina, 24/08/2004. CERD/C/65/CO/1.

14. The Committee is disturbed by reports of trafficking of migrants, particularly migrant women exploited as sexual workers. The Committee urges the State party to develop comprehensive policies and allocate adequate resources to prevent, investigate and punish these crimes, as well as to provide assistance and support to victims, and recommends that the State party provide further information on the vulnerable situation of migrants and indigenous women in its next periodic report

ARMENIA (2002)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Armenia, 01/11/2002. A/57/18, paras. 269-291.

275. The Committee is concerned about the view expressed in the State party report that Armenia is a mono-ethnic State, and the inconsistency of this notion with the existence of several national and ethnic minorities, although they are not very numerous. While welcoming the background information provided on each national and ethnic group, the Committee recommends that the State party carefully analyse the situation and reflect the reality. The Committee invites the State party to provide detailed disaggregated data on the demographic composition of the population, as well as on the socio-economic situation of ethnic and national groups, including a gender perspective, in subsequent reports, so as to facilitate understanding of their situation.

279. The Committee is concerned at the high rate of unemployment in the State party and regrets that no disaggregated data are available on the impact on ethnic and national minorities. It notes a lack of sufficient disaggregated information on the participation of minorities in the economic and social development of the country. The Committee reiterates its request for disaggregated data on access to health care, housing and employment by persons belonging to ethnic and national minorities.

280. While noting the adoption in 1999 of the Education Act guaranteeing the right to education without discrimination, the Committee remains concerned about inadequate access by minority children to education in their mother tongue and reiterates its recommendation that the State party take measures to ensure, wherever possible, such access.

AUSTRIA (2002)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Austria, 21/05/2002, CERD/C/60/CO/1.

The Committee is concerned at the wording of article 1, paragraph 1, of the Federal Constitutional Act implementing the Convention, which stipulates that the legislature and the executive shall refrain from any distinction on the "sole" ground of race, colour, or national or ethnic origin. In the Committee's view, this may be regarded as representing a narrower prohibition of discrimination than is provided in the Convention. The Committee recalls that multiple discrimination, for example discrimination based simultaneously on race and sex, falls within the scope of the Convention, and that such phenomena are addressed in the final documents of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. Therefore, while noting that an amendment to this provision is currently under consideration, the Committee reiterates its previous invitation to the State party (CERD/C/304/Add.64, para. 11) to consider the possibility of deleting the word "sole" from article 1, paragraph 1, of the Federal Constitutional Act, taking into consideration general recommendation XXV of the Committee.

BAHAMAS (2004)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Bahamas, 12/03/2004, CERD/C/64/CO/1.

14. The Committee is concerned at reports of statements and press articles inciting racial discrimination against migrants, Haitians in particular, and actual discrimination against migrants in fields such as education and employment. It is disturbed to hear that the State party says it has not been told of such allegations. The Committee recommends the State party to conduct an inquiry into these allegations and notify the Committee of the outcome. Where appropriate, the State party should take all necessary punitive, educational and other measures to put an end to such conduct.

16. The Committee takes note of the constitutional reform process now in progress but is concerned at the fact that the Constitution contains discriminatory provisions on the subject of women's rights to transmit their nationality to their children and foreign spouses. It invites the State party to continue its efforts to remedy such discrimination, and draws its attention to the Committee's General Recommendation XXV (2000) on gender-related dimensions of racial discrimination.

20. Taking note of the substantial efforts already made to manage the Carmichael Road Detention Centre effectively, the Committee is very concerned at reports that conditions in detention there are unsatisfactory, especially as regards access to food and drinking water, hygiene and access to medical care. The Committee recommends the State party to step up immediately its efforts in this connection and provide the Committee with detailed information on conditions in detention at the Carmichael Road Centre.

BANGLADESH (2001)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Bangladesh, 27/04/2001, CERD/C/304/Add.118.

13. In view of the increasing problem of trafficking in persons, particularly women and children, in South Asia, including Bangladesh, which may entail violations of the provisions of the Convention, the Committee requests the State party to provide in its next report information on efforts made in Bangladesh to address the ethnic dimensions of migration and trafficking in persons.

BELARUS
(2004)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Belarus, 24/08/2004, CERD/C/65/CO/2.

9. While acknowledging the awareness-raising efforts made by the State party, the Committee notes with concern that Belarus is a country of transit for the trafficking of women and girls for the purpose of sexual exploitation (article 5). The Committee recommends to the State party that it reinforce ongoing efforts to prevent and combat trafficking and provide support and assistance to victims, wherever possible in their own language. Furthermore, the Committee urges the State party to make determined efforts to prosecute the perpetrators and underlines the paramount importance of prompt and impartial investigations.

(1995)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Belarus, 22/09/95, A/50/18, paras. 321-352.

13. With respect to Article 5 of the Convention, the lack of information on the participation in public life of ethnic minorities and on their economic and social situation (especially with regard to access to employment, health, education and housing) is regretted, especially since this makes it difficult to evaluate the effective enjoyment by all such groups of the rights mentioned in Article 5 of the Convention.

BOLIVIA
(2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Bolivia, 10/12/2003, CERD/C/63/CO/2.

7. The Committee welcomes the numerous measures undertaken for the promotion and protection of human rights, including the recognition in the new Constitution of 1995 of Bolivia as a multi-ethnic and multicultural State, the recent establishment of the post of Ombudsman (Defensor del Pueblo), the entry into force in 1999 of the new Penal Procedure Code and the approval of the gender equality plan 2003-2007. The Committee also notes with appreciation the establishment in each municipality of an Ombudsman for Children and Adolescents.

15. The Committee notes the lack of information regarding the Afro-Bolivian community which, according to the information received, accounts for around 31,000 individuals situated at the lower end of the socio-economic scale and who face severe disadvantages in health, life expectancy, education, income, literacy, employment and housing. The Committee further notes that there are no specific provisions making reference to this group in the domestic legislation. The Committee recommends that the State party adopt measures with a view to ensuring to members of the Afro-Bolivian community the full enjoyment of the rights enumerated in article 5 of the Convention and that it provide information in this respect in its next periodic report, in particular on their standard of living and other educational and social indices.

(1996)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Bolivia, 27/09/96, CERD/C/304/Add.10.

4. Note is taken, with concern, of the conditions of extreme poverty principally affecting members of the indigenous population. Poverty is evident in the lack of access to some basic services, such as provision of clean water, medical care, education and electricity.

20. The Committee urges that immediate attention be paid to the development of rural areas where many indigenous communities are situated. It encourages the Government to consider expansion of the economic and social infrastructure to enable those communities to be provided with access to clean water, energy, medical care, education, and other essential services and, in this regard, it calls special attention to the situation of the Guaraní people. The Committee encourages the Government to seek international assistance towards this end.

BOTSWANA (2002)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Botswana, 01/11/2002. A/57/18, paras. 292-314.

299. The Committee notes the acknowledgement by the State party of the significant diversity of languages and cultures in Botswana, but regrets the lack of disaggregated data or precise information about the ethnic and linguistic composition of the population. The Committee recommends that the State party submit in its next periodic report such detailed information, in particular on the existence and situation of different ethnic groups, giving due consideration to paragraph 8 of the Committee's reporting guidelines. Specific information on gender-related dimensions of racial discrimination should also be included, as requested in the Committee's general recommendation XXV.

301. The Committee is concerned by the discriminatory character of certain domestic laws, such as the Chieftainship Act and the Tribal Territories Act, which only recognize the Tswana-speaking tribes. Other tribes, especially the Basarwa/San peoples, are reported to suffer from cultural, social, economic and political exclusion, do not enjoy group rights to land, and do not participate in the House of Chiefs. Noting that the amendment of sections 77 to 79 of the Constitution is currently in process, the Committee recommends that recognition and representation of all tribes in Botswana on an equal basis be ensured in the Constitution, and that the Chieftainship Act and the Tribal Territories Act be amended accordingly.

306. The Committee is concerned that HIV/AIDS affects all population groups in Botswana. It requests more information on the impact on the various ethnic groups of the national strategies developed in this regard, and that due consideration be given to the specific situation of women.

BRAZIL
(2004)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Brazil, 12/03/2004, CERD/C/64/CO/2.

17. The Committee is concerned by allegations concerning discrimination faced by Gypsies with regard to birth registration and access to schools for their children. In the light of General Recommendation XXVII on discrimination against Roma (Gypsies), the Committee invites the State party to clarify this matter.

21. The Committee takes note that the report has not provided sufficient information on the cultural rights of persons belonging to minorities, in the context of article 5 of the Convention. In particular, no reference is made to the right of minority and ethnic groups to receive education in their own languages. The Committee recommends that the State party provide further information in this regard.

(1996)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Brazil, 27/09/96, CERD/C/304/Add.11.

10. A number of sources of information concur that discriminatory attitudes towards the indigenous, black and mestizo populations persist within Brazilian society and are apparent at a number of levels in the political, economic and social life of the country. These discriminatory attitudes concern, inter alia, the right to life and security of person, political participation, access to education and employment, access to basic public services, the right to health, the right to decent housing, land ownership, land use and law enforcement.

CAMBODIA (1998)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Cambodia, 31/03/98, CERD/C/304/Add.54.

18. The Committee recommends that action be taken at the legislative, administrative and judicial levels to protect the right of everyone, including ethnic Vietnamese, to enjoy their rights under Article 5 of the Convention, especially the right to security of person and protection by the State against violence or bodily harm; to public health and medical care and to education and training. It further recommends that comprehensive information on the implementation of the Articles be provided in the next report.

CANADA (2002)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Canada, 01/11/2002. A/57/18, paras. 315-343.

332. The Committee is concerned that some aspects of the Indian Act may not be in conformity with rights protected under article 5 of the Convention, in particular the right to marry and to choose one's spouse, the right to own property and the right to inherit, with a specific impact on Aboriginal women and children. The Committee recommends that the State party examine those aspects, in consultation with Aboriginal peoples, and provide appropriate information on this matter in its next periodic report.

337. The Committee is concerned about allegations that children of migrants with no status have been excluded from the school system in some of the provinces and hopes that the situation will be remedied.

CAPE VERDE (2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Cape Verde, 10/12/2003, CERD/C/63/CO/3.

13. The Committee notes with concern that immigrants from the Economic Community of Western African States (ECOWAS) are often referred to as "Mandjaco", a term which may have negative connotations. It also notes instances of discrimination against members of communities coming from ECOWAS countries on account of the involvement of some of them in antisocial practices such as drug-trafficking and prostitution. The Committee recommends that the State party take appropriate measures to combat stereotyping of certain groups of immigrants and that it provide additional information in its next periodic report on the steps taken in this regard.

14. The Committee is concerned about the occurrence of trafficking in persons, affecting in particular foreigners and people of different race or ethnic origin, in the State party which, according to the information received, is used as a transit point by smugglers. The Committee recommends that the State party monitor closely the phenomenon of trafficking in persons and provide additional and more specific information on the relevant provisions contained in the new Penal Code and their implementation.

15. While the Committee welcomes the efforts made by the State party to ensure the implementation of the Convention with respect to women and the existence of civil society organizations working in the field of promotion and protection of women's rights, it is concerned about the stereotyping of women in particular those of foreign origin in Cape Verde, as well as the insufficient representation of women at high political level in the labour market and in cultural affairs. The Committee recommends that the State party take all appropriate measures to guarantee the equal enjoyment by women, free from racial discrimination, of the rights under the Convention and draws the attention of the State party to its general recommendation XXV on gender-related dimensions of racial discrimination.

CHINA
(2001)

Concluding observations of the Committee on the Elimination of Racial Discrimination : China. 09/08/2001. A/56/18, paras. 231-255.

250. The Committee recommends that the next State party report contain socio-economic data, disaggregated by national and ethnic group, and information on measures taken to prevent gender-related racial discrimination, including in the area of trafficking and reproductive health. The Committee also wishes to receive statistics, disaggregated by nationality and region, relating to detention, imprisonment, alleged, investigated and prosecuted cases of torture, death sentences and executions.

(1996)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: China, 27/09/96, CERD/C/304/Add.15.

20. Concern is expressed about the content and implementation of the law of 1995 on mother and child health care and its impact on minority nationalities.

COLOMBIA
(1999)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Colombia, 20/08/99, CERD/C/55/Misc.43/Rev.3.

15. Recognizing further that within the community of displaced persons women are disproportionately represented, concern is expressed that Government programs are not responsive to the needs of many indigenous and Afro-Colombian women who are subjected to multiple forms of discrimination based on their gender and their race or ethnicity, and their displaced status.

18. Grave concern is also expressed at reports of "social cleansing" in urban centers involving the murder of Afro-Colombian prostitutes and street children, some of whom appear to have been targeted on the basis of their race.

(1996)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Colombia, 28/03/96, CERD/C/304/Add.1.

10. Serious concern is expressed at the lack of implementation of Article 5 of the Convention. It is noted that various corroborating sources of information indicate the persistence in the Colombian society of structural discriminatory attitudes towards the indigenous and Afro-Colombian communities, appearing at various levels of the political, economic and social life of the country. Those discriminatory attitudes relate, among others, to the right to life and the security of persons, political participation, educational and occupational possibilities, access to basic public services, the right to health, the right to adequate housing, the application of the law, land ownership and use.

CROATIA (2002)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Croatia, 21/05/2002, CERD/C/60/CO/4.

11. The Committee expresses concern at the continued practice of segregation of Roma children within the educational system and at the reports of discrimination against the Roma regarding access to employment, health, political representation and citizenship rights. The Committee recommends that the State party pay particular attention to the situation of the Roma and take effective measures to prevent the segregation of Roma children within the educational system. The Committee further recommends that the State party strengthen its efforts to address the high drop-out and poor performance rates of Roma children and guarantee non-discrimination, especially as regards respect for their cultural identity, language and values. The Committee also encourages the State party to reinforce its efforts to train and recruit Roma teachers and to prevent discrimination against the Roma in access to employment, health, political representation and citizenship rights.

CYPRUS (2001)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Cyprus, 10/08/2001, A/56/18, paras. 256-277.

273. The State party is invited to provide in its next report updated information on: (a) the work of the Presidential Commissioner for Minorities; and (b) the demographic composition of the population in the Government-controlled area and the Turkish-occupied territory, disaggregated by community, ethnic group and gender. In this context, attention is drawn to general recommendation XXV on gender-related dimensions of racial discrimination.

CZECH REPUBLIC
(2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Czech Republic, 10/12/2003, CERD/C/63/CO/4.

14. While appreciating the complexity of the problem of special schooling and noting the accompanying measures taken by the Government with a view to promoting adequate support to Roma children, the Committee remains concerned, as does the Committee on the Rights of the Child (see CRC/C/15/Add.201, para. 54), at the continued placement of a disproportionately high number of Roma children in "special schools". Recalling its general recommendation XXVII, the Committee urges the Government to continue and intensify the efforts to improve the educational situation of the Roma through, inter alia, enrolment in mainstream schools, recruitment of school personnel from among members of Roma communities, and sensitization of teachers and other education professionals to the social fabric and world views of Roma children and those with apparent learning difficulties.

(1998)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Czech Republic, 30/03/98, CERD/C/304//Add.47.

12. In light of reports indicating discrimination against Roma in areas such as housing, transport and employment, it is noted with concern that the State party does not have civil or administrative law provisions expressly outlawing discrimination in employment, education, housing and health care and that there exists no administrative regulation explicitly prohibiting racial discrimination by public institutions and agencies. The denial of access to public places such as restaurants, pubs, discotheques and similar establishments by persons belonging to some ethnic minorities, especially Roma, is also noted with concern.

DENMARK
(2002)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Denmark, 21/05/2002, CERD/C/60/CO/5.

14. While acknowledging the information provided in the report regarding article 5 of the Convention, the Committee reiterates that equal attention should be paid to economic, social and cultural rights, particularly with respect to minorities. The Committee is concerned about the impact of the recent (May 2000) amendments to the Aliens Act, particularly as they abolish the statutory right to reunification of spouses under the age of 25 years. The Committee encourages the State party to take effective measures to ensure that the right to family life is guaranteed to all persons in Denmark without distinction. It recommends that the State party report on this issue in its next periodic report.

(1996)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Denmark, 28/03/96, CERD/C/304/Add.2.

17. The Committee recommends that equal attention be paid to the economic, social and cultural rights listed in Article 5, notably the rights to work, housing, health, education, training and access to services for the general public, including hotels, restaurants, cafés and places of entertainment such as discotheques.

ECUADOR (2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Ecuador, 21/03/2003, CERD/C/62/CO/2.

6. The Committee welcomes the introduction of a bilingual education system in Ecuador for teaching some 94,000 indigenous children in both Spanish and their own languages.

13. While welcoming the sincerity with which the State party recognizes the existence of de facto discrimination against indigenous people, Afro-Ecuadorians and members of other minorities, the Committee is concerned that a disproportionately high percentage of persons belonging to ethnic minority groups often do not enjoy equal access to the labour market, land and means of agricultural production, health services, education and other facilities and, accordingly, a disproportionately high percentage of members of these groups live in poverty. The Committee urges the State party to intensify its efforts to raise the living standards of these groups, with a view to ensuring their full enjoyment of the economic, social and cultural rights enumerated in article 5 of the Convention. The State party is requested to include in its next report precise figures as well as some key indicators relating to the enjoyment of economic, social and cultural rights by the different ethnic groups, disaggregated by urban/rural population, age and gender.

14. With regard to the important problem of illiteracy among indigenous and Afro-Ecuadorian people, the Committee recommends that the State party take measures to increase the number of bilingual teaching personnel, in particular from among these communities. The State party's next report should contain precise data as to the percentage of the indigenous, Afro-Ecuadorian and other minority populations having access to primary, secondary and university education, as well as on access by these groups to programmes in their language on the radio, on television and in other mass media.

15. The Committee notes that women belonging to ethnic minorities are subject to double discrimination, based on their ethnic origin as well as their gender. Information relating to gender-related discrimination against indigenous and Afro-Ecuadorian women and on action taken by the State party in this regard should be included in the next periodic report. In formulating the action plan on the rights of women, the State party should address the problem of double discrimination against women belonging to ethnic minorities as well as their lack of political representation in Ecuador, in line with the Committee's General Recommendation XXV on gender-related dimensions of racial discrimination.

EGYPT (2001)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Egypt, 15/08/2001, A/56/18, paras. 278-297.

288. The Committee expresses its concern at the nationality law, which prevents an Egyptian mother married to a foreigner from passing on her nationality to her children. The Committee is also concerned that children born to Egyptian mothers and foreign fathers are faced with discrimination in the field of education. The Committee takes note of the promise of the State party to revise the nationality law, which discriminates against children born to Egyptian women married to non-nationals, so as to bring it into line with the provisions of the Convention and requests to be informed in the next report.

ESTONIA (2002)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Estonia, 01/11/2002, A/57/18, paras. 344-366.

357. The Committee remains concerned about the situation of the Russian minority residing in Estonia, inter alia in relation to issues under article 5 of the Convention, especially economic, social and cultural rights, including the rights to employment, health care and education. The Committee is particularly concerned about double discrimination against women based on gender and on national or ethnic origin.

358. The Committee is concerned that the limited access to remedies hinders the bringing of complaints of discrimination in relation to, inter alia, the labour market, housing and education. The Committee recommends that the equality council mentioned in the draft equality act be established, in accordance with general recommendation XVII, as a national human rights institution with the mandate to advise and to monitor relevant legislation and practice and with competence to deal with individual complaints against acts of discrimination in the public or private sector.

FIJI (2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Fiji, 02/06/2003, CERD/C/62/CO/3.

18. The Committee expresses concern about the underrepresentation of Indo-Fijians and other ethnic minorities in the police, the army and other public services in general, and recommends that specific programmes be adopted to ensure appropriate representation of all ethnic communities in these services. The Committee requests that updated statistics on poverty, unemployment and education, disaggregated between and within ethnic groups, be elaborated and included in the next periodic report. It also requests the State party to inform it of the results of all its affirmative action programmes, in particular those relating to poverty alleviation.

26. While welcoming the assurance given by the State that schools are not racially separated in Fiji, the Committee wishes to receive more information on the consequences and the practical implementation of the Education (Establishment and Registration of Schools) Regulation, which states that "while a registered or recognized school may, when selecting pupils for admission give preference to pupils of a particular race or creed, no admission shall be denied solely on grounds of race or religion". The Committee also wishes to know whether the State party enhances and financially supports multiracial schools. It would appreciate disaggregated data relating to any support provided to the various community and religious schools.

FINLAND
(2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Finland, 10/12/2003, CERD/C/63/CO/5.

16. With respect to article 5, the Committee is concerned about the difficulties faced by Roma in the fields of employment, housing and education, as well as about reported cases of discrimination in daily life such as denial of access to public places, restaurants or bars. The Committee draws the attention of the State party to its general recommendation XXVII on discrimination against Roma and recommends that the State party take all necessary measures with a view to promoting tolerance and overcoming prejudices and negative stereotypes in order to avoid any form of discrimination against members of the Roma community.

(2001)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Finland, 01/05/2001, CERD/C/304/Add.107.

10. The Committee is concerned that Roma continue to experience discrimination in the fields of housing, education and employment. It also expresses concern about reports that Roma are sometimes denied access to and service in public places such as restaurants. The Committee recommends that the State party take additional measures at the national and municipal levels to improve the situation of the Roma minority, with a view to preventing social exclusion and discrimination against them.

GERMANY (2001)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Germany, 27/04/2001, CERD/C/304/Add.115.

9. The Committee appreciates the readiness of the delegation to answer a great variety of questions concerning, inter alia, the State party's response to the concerns of developing countries with respect to the high prices of medicines for persons living with HIV/AIDS.

GHANA (2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Ghana, 02/06/2003, CERD/C/62/CO/4.

12. While noting the legislative and other measures adopted to eradicate practices that are harmful to the health and dignity of women, the Committee is concerned that some practices, in particular female genital mutilation, degrading treatment of widows and the Trokosi system, still occur, and wishes to be further informed of their ethnic dimensions. The Committee encourages the State party to continue its efforts in this field and refers the State party to its general recommendation XXV (56) of 20 March 2000 on gender-related dimensions of racial discrimination.

13. The Committee notes the existence of legal pluralism in Ghana and wishes to receive more detailed information on the application of customary law in the country, as well as on the balance generally achieved in practice between statutory law, common law and customary law.

14. Noting the task given to the National House of Chiefs to undertake an evaluation of traditional customs and practices with a view to eliminating those which are socially harmful, the Committee wishes to receive further information on the results of the activities undertaken by this institution as well as on the difficulties encountered.

HUNGARY (2002)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Hungary, 01/11/2002, A/57/18, paras. 367-390.

382. The Committee notes that, notwithstanding the measures provided for in the "Medium-Term Package of Measures", the drop-out rates among Roma students remain high, especially in secondary education and even more so at university level. The Committee strongly recommends that the State party reconsider its policy of assigning Roma children to schools and classes for the mentally disabled. The Committee is also concerned about discriminatory practices resulting from the system of separate classes for Roma students and from private schooling arrangements. While noting that the State party intends to improve the education of Roma, the Committee further recommends that new programmes integrate Roma children into mainstream schools as far as possible, in order to avoid discrimination.

383. The Committee is concerned at the disproportionately higher unemployment rate among the Roma population. The Committee recommends that the State party strictly apply existing anti-discriminatory provisions in that field and ensure in particular that Roma have fair access to professional training programmes and professional activities.

ICELAND (2001)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Iceland, 27/04/2001, CERD/C/304/Add.111.

9. The Committee notes the information provided in the sixteenth report on the complex provisions of the Icelandic Naturalization Act and other relevant legislation. It welcomes the 1998 amendment to address the unequal rights of men and women with regard to the naturalization of their children, and the elimination of the requirement to adopt an Icelandic patronym as a condition for naturalization.

INDIA (1996)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: India, 17/06/96, CERD/C/304/Add.13.

27. The Committee recommends that special measures be taken by the authorities to prevent acts of discrimination towards persons belonging to the scheduled castes and scheduled tribes, and, in cases where such acts have been committed, to conduct thorough investigations, to punish those found responsible and to provide just and adequate reparation to the victims. In this regard, the Committee particularly stresses the importance of the equal enjoyment by members of these groups of the rights to access to health care, education, work and public places and services, including wells, cafés or restaurants.

ITALY (2001)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Italy, 08/08/2001, A/56/18, paras. 298-320.

314. Taking note of the information provided by the State party that women represent 58.8 per cent of the immigrant labour force in domestic work, and aware of the possibility that they may easily be exploited, the Committee recommends that the State party take all appropriate measures to reduce this risk.

316. The Committee recommends that the State party intensify its efforts and its cooperation with other countries, including the countries of origin, in order to reduce illegal immigration, criminal trafficking and commercial exploitation of human beings. Noting that foreign employees regularly resident on the territory are guaranteed equality of treatment with Italian employees while irregular workers, who make up 30 per cent of the entire non-EU labour force (and even up to 50 per cent in northern Italy), are subjected to different forms of exploitation, the Committee recommends that the State party take all necessary measures to put an end to those illegal practices.

JAMAICA (2002)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Jamaica, 21/05/2002, CERD/C/60/CO/6.

4. The Committee notes that the State party has undertaken a constitutional review process intended, inter alia, to provide for the enactment of a Ratification of Treaties Act to ensure the incorporation of international treaty obligations into domestic legislation. Noting that this activity has been under way for some time, the Committee encourages the State party to take further measures to finalize the review process and to submit relevant information concerning this matter in its next periodic report. The Committee also wishes to receive more specific information concerning the implementation of the "fundamental rights and freedoms" provided in section 24 of the Constitution, especially those aimed at addressing discrimination based on race, colour or ethnic origin.

5. The Committee reminds the State party that it has difficulties in accepting the mere assertion made by States parties as to the absence of racial discrimination in their territory. The Committee also reminds the State party that the absence of complaints by victims of racial discrimination could indicate a lack of awareness of available legal remedies. It encourages the State party to reconsider its position concerning racial discrimination in its territory and to implement effective measures to address direct and indirect discrimination. Moreover, the Committee recommends that the State party take appropriate measures to inform the public of the availability of legal remedies for victims of racial discrimination. It further requests the State party to include in its next periodic report statistical information on possible prosecutions in cases related to racial discrimination.

JAPAN (2001)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Japan, 27/04/2001, CERD/C/304/Add.114.

22. The Committee recommends that the next State party report contain socio-economic data disaggregated by gender and national and ethnic group and information on measures taken to prevent gender-related racial discrimination, including sexual exploitation and violence.

KAZAKHSTAN (2004)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Kazakhstan, 24/08/2004, CERD/C/65/CO/3.

16. While acknowledging that the State party has developed a governmental work plan to combat human trafficking, the Committee notes with concern that there is ongoing trafficking of women and children, particularly affecting non-citizens and ethnic minorities. The Committee recommends that the State party include detailed information in its next periodic report on human trafficking and that it reinforce its ongoing efforts to prevent and combat trafficking and provide support and assistance to victims. Furthermore, the Committee urges the State party to make determined efforts to prosecute the perpetrators and underlines the paramount importance of prompt and impartial investigations.

KYRGYZSTAN (2001)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Kyrgyzstan, 12/04/2001, CERD/C/304/Add.77.

9. The Committee wishes to receive further information regarding the practical enjoyment by persons belonging to ethnic and national minorities of the rights listed in article 5 (e) of the Convention, in particular the right to work, including the right to equal opportunities of promotion and career development, the rights to health, education and to housing.

LATVIA (2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Latvia, 10/12/2003, CERD/C/63/CO/7.

14. The Committee regrets the lack of disaggregated data in the State party report with respect to the enjoyment of the economic, social and cultural rights enumerated in article 5 (e) of the Convention. The Committee invites the State party to provide in its next report data, disaggregated by ethnicity and sex, on the enjoyment of the rights enumerated in article 5 (e) of the Convention, taking into account, inter alia, its general recommendations XXV on gender-related dimensions of racial discrimination and XXVII on discrimination against Roma.The Committee expresses concern with regard to the restrictions imposed upon non-citizens in the field of employment.

LEBANON (2004)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Lebanon, 28/04/2004, CERD/C/64/CO/3.

12. While acknowledging the political factors related to the presence of Palestinian refugees in Lebanon, the Committee reiterates its concern with regard to the enjoyment by the Palestinian population present in the country of all rights stipulated in the Convention on the basis of non-discrimination, in particular access to work, health care, housing and social services as well as the right to effective legal remedies. The Committee notes the statement of the delegation that the 2001 property law does not apply retroactively and that Palestinians' right to inherit remains in force. The Committee urges the State party to take measures to ameliorate the situation of Palestinian refugees with regard to the enjoyment of the rights protected under the Convention, and at a minimum to remove all legislative provisions and change policies that have a discriminatory effect on the Palestinian population in comparison with other non-citizens.

13. The Committee notes that Lebanese citizenship is derived exclusively from the father, which may result in a situation of statelessness for children of a Lebanese mother and non-citizen father, where registration under the father's nationality is not possible. The Committee urges the State party to review its relevant legislation, so as to bring it in line with the provisions of the Convention and requests to be informed on this in the next periodic report. In addition, the Committee recommends that the State party ratify the Convention on the Reduction of Statelessness of 1961.

LIBERIA (2001)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Liberia, 14/08/2001, A/56/18, paras. 429-443.

436. The Committee expresses grave concern about the numerous reported instances of discrimination in the Republic of Liberia based on ethnicity. The Committee is especially concerned by reports of extrajudicial killings, allegations of torture and rape, and the lack of accountability of perpetrators, including government security forces, for these abuses.

LIECHTENSTEIN (2002)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Liechtenstein, 21/05/2002, CERD/C/60/CO/7.

7. The Committee notes the efforts undertaken by the State party to ensure the integration of refugees and asylum-seekers in society, inter alia through access to the labour market, as well as through the admission of children of refugees and asylum-seekers to public schools, complemented by intensive German language courses.

12 The Committee regrets the absence of statistical data on the number of children of refugees and asylum-seekers attending public school and intensive German language courses. The Committee requests that the State party provide statistical data in that respect in its next periodic report.

14. The Committee requests the State party to provide in its next periodic report information on access to social security and health care by non-nationals.

MADAGASCAR
(2004)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Madagascar, 24/08/2004, CERD/C/65/CO/4.

15. The Committee notes that the rules on nationality discriminate against children born to a mother of Malagasy nationality and a father of foreign nationality (article 5(c)(iii)). The Committee recommends to the State party that it should revise its nationality law and guarantee such children Malagasy nationality on the same footing as children born to a father of Malagasy nationality and a mother of foreign nationality.

16. The Committee notes with concern that some regions of the country are harder-hit by the low level of economic development, and record lower indicators of literacy and life expectancy in particular, even if the lack of technical and financial resources contributes objectively to these disparities (article 5 (e)). The Committee points out that the principle of non-discrimination is not subject to the availability of resources, and calls on the State party to ensure that existing resources are distributed fairly among the various regions of the country. As indirect discrimination is forbidden under the Convention, the Committee draws the attention of the State party on the ethnic dimension that these inequalities could have, and invites it to adopt special measures that could be necessary under article 2 paragraph 2 of the Convention.

(1996)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Madagascar, 28/03/96, CERD/C/304/Add.6.

4. The Committee requests the Government of Madagascar to submit without delay a comprehensive report in compliance with the Committee's guidelines for the preparation of State Party reports.

5. The general part of the updated report should contain information relating to the composition of the State Party's population and to its ethnic characteristics, as well as to the recent evolution of the political, social and economic situation prevailing in the country. Issues such as the inter-ethnic tensions, discrimination against the Indo-Pakistani community, the increasing impoverishment of the rural population, the acute lack of social services and health services, and the alarming situation of education, which intensify discrimination between ethnic groups, within the population and the social impact of structural adjustment programmes implemented under the auspices of the International Monetary Fund, should be addressed.

MALAWI (2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Malawi, 10/12/2003, CERD/C/63/CO/12.

4. The Committee is aware that the State party is currently facing a very difficult situation, owing in part to serious food shortages and a very high incidence of AIDS among the population. It further notes that the insufficient educational infrastructure and the high illiteracy rates constitute impediments to the full implementation of the Convention.

9. The Committee expresses concern over the State party's reservations to the 1951 Convention relating to the Status of Refugees which, in particular, reduce the protection offered to refugees in the field of employment, access to property, right of association, education and social security. The Committee welcomes the draft Refugee Act, which reflects the intention of the State party to withdraw these reservations, and encourages the State party to give high priority to this process. The Committee recommends, in particular, that the State party take steps to ensure that child refugees are, in practice, given access to education.

10. The Committee is concerned that, according to certain information, women continue to be victims of discriminatory practices. The Committee draws the State party's attention to its general recommendation XXV on gender-related dimensions of racial discrimination and recommends that the State party assess and prevent racial discrimination against women in general.

MALI (2002)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Mali, 01/11/2002, A/57/18, paras. 391-411.

404. With regard to the problem of double discrimination, the Committee would like to know, in light of its general recommendation XXV of 20 March 2000 and of the relevant provisions of the Durban Declaration and Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, what measures have been taken or are envisaged to help those at particular risk, especially children and women.

405. The Committee also invites the State party to provide fuller information in its next report on the following issues: (a) the situation of those who are particularly at risk, especially children victims of exploitation, talibé and garibou children, and women in rural areas; (b) measures taken to eradicate the practice of female genital mutilation; and (c) the impact of AIDS and other endemic diseases and the measures envisaged to control and prevent them.

406. In light of its general recommendation XXIX of 22 August 2002 and bearing in mind the explanations provided by the delegation concerning the practice of sinangouya and the relative nature of the caste system, which does not hinder social mobility in Mali, the Committee would like to receive information on the approach the State party intends to take regarding the persistence of the consequences of a traditional caste system that could give rise to descent-based discrimination

MAURITANIA (2004)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Mauritania, 10/12/2004, CERD/C/65/CO/5.

7. The Committee welcomes the formulation in 2001 of a strategic framework for combatting poverty.

8. The Committee takes note with satisfaction of the adoption on 17 July 2003 of the Act on the Suppression of Trafficking in Persons and, in June 2004, of article 5 of the Labour Code, on the prohibition of forced and compulsory labour.

10. The State party should incorporate in its domestic law a definition of racial discrimination that is applicable in every sphere of social life and that reproduces all the elements in article 1 of the Convention, including discrimination based on descent.

15. The Committee notes with concern that vestiges of the caste system persist in Mauritania. While welcoming the fact that slavery was abolished by a law dated 9 November 1981, it remains concerned about information on the persistence of slavery like practices, which constitute serious instances of discrimination based on descent. It is concerned that no implementing orders have been issued subsequent to the 1981 law and that there is no provision in criminal law that expressly punishes slavery. The Committee draws the State party's attention to its general recommendation XXIX concerning racial discrimination based on descent, and suggests that a detailed study of this issue should be included in the State party's next report. It strongly recommends that the State party launch, in cooperation with non governmental organizations and religious leaders, a wide ranging information and public awareness campaign to put an end to slavery like practices. The State party should ensure that the perpetrators of such practices, which are already prohibited by law, are systematically prosecuted in the courts, including in cases where they have seized the property of deceased former slaves.

16. The Committee notes that the information on the adoption of practical measures designed specifically to combat slavery like practices remains inadequate. Taking note of the delegation's statement that the anti poverty programme is helping to eradicate the legacy of slavery, the Committee considers that other actions specifically targeting the populations concerned should be taken. The State party should conduct a study, in cooperation with civil society, to determine the economic and social situation of the descendants of slaves, including how many of them have title to land.

19. The Committee is concerned about the prevalence of female genital mutilation among some ethnic groups. The Committee recommends that the State party take all necessary measures to put a stop to this practice. Information and awareness raising measures aimed specifically at, and designed for, relevant population groups should be adopted.

MOLDOVA (2002)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Republic of Moldova, 21/05/2002, CERD/C/60/CO/9.

18. The Committee expresses its concern about reports that minorities experience discrimination in the areas of employment, housing, education and health care. It is also concerned at reports that the Roma population is sometimes denied access to, and service in, places intended for the general public. The Committee recommends that the State party undertake effective measures to eradicate practices of discrimination against minorities and, in particular, the Roma population. It also recommends that the State party include in its next periodic report information on the impact of the measures taken to improve the situation of the Roma population, in the light of general recommendation XXVII.

NAMIBIA (1996)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Namibia, 27/09/96, CERD/C/304/Add.16.

12. Concern is expressed at the fact that, despite affirmative measures taken to eliminate social and economic disparities, black people and mixed race people (coloureds) who comprise 95 per cent of the population, still face serious discrimination in many areas, such as access to property, education, employment, health care or housing.

19. The Committee recommends that additional steps be taken to combat racial discrimination in the fields of property, land distribution, education, housing, employment, health care and equitable distribution of resources. Affirmative measures should thus be adopted to overcome vestiges of the past that still hamper the possibilities for black people, including vulnerable groups among them, to have access to secondary and higher education and to enjoy just and favourable conditions of work in the private sector. Similarly, additional measures should be taken in the field of land redistribution.

NEPAL
(2004)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Nepal, 12/03/2004, CERD/C/64/CO/5.

16. The Committee notes the lack of information in the periodic report on the situation of women who belong to disadvantaged groups as victims of multiple discrimination, and expresses concern over the situation of forced prostitution of girls and women of the Badi caste. The Committee recommends that the State party consider issues of political representation, personal security, employment and education, in line with General Recommendations XXV and XXIX, in taking measures to eliminate multiple discrimination against women who belong to vulnerable groups. The Committee further requests the State party to include in its next report the measures taken in this regard, including specific action taken to eradicate forced prostitution of Badi girls and women.

18. The Committee is concerned that, although the system of agricultural bonded labour known as Kamaiya was abolished in July 2000, the emancipated Kamaiyas are facing many problems, including lack of housing, land, work, and education for their children. The Committee recommends to the State party to ensure effective enforcement of Bonded Labour Prohibition Act 2002 and programmes adopted, to put an end to the practice and discrimination against Kamaiyas. It further requests the State party to include information on the implementation of the Act in its next periodic report.

(1999)

Concluding observations of the Committee on the Elimination of All Forms of Racial Discrimination: Nepal, 10/02/99, CERD/C/304/Add.61.

10. The Committee, having noted that the caste system in Nepal has been abolished by law, nevertheless expresses its concern that this system still functions and appears embedded in parts of the Nepalese culture. In this connection, the Committee is also concerned at the limitation that this system imposes on the effective enjoyment by all groups of the rights enshrined in article 5 of the Convention.

NEW ZEALAND (2002)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: New Zealand, 01/11/2002. A/57/18, paras. 412-434.

424. While noting the programmes and projects initiated by the State party mentioned above, the Committee remains concerned about the continuing disadvantages that Maori, Pacific Island people and other ethnic communities face in the enjoyment of social and economic rights, such as the rights to employment, housing, social welfare and health care. The State party is invited to devote priority attention to this issue and to continue to encourage active and effective participation by Maori in the search for solutions such as the Maori Mental Health Strategic Framework adopted in May 2002, with a view to further reducing these disadvantages.

425. The Committee continues to be concerned at the low representation of Maori women in a number of key sectors and their particular vulnerability to domestic violence. It encourages the State party to work towards reducing existing disparities through appropriate strategies.

NORWAY (1997)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Norway, 21/08/97, CERD/C/304/Add.40.

16.The Committee expresses concern that the State party's health services allege that immigrants of African descent disproportionately test positive for HIV, and that Africans have been obliged to undergo tests for HIV simply because they are Africans.

22. The Committee recommends that the State party continue to strengthen its efforts to promote understanding and tolerance with regard to immigrants in Norway.

PAKISTAN (1997)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Pakistan, 23/04/97, CERD/C/304/Add.25.

18. It is regretted that there is not sufficient disaggregated information on the participation in public life as well as economic and social indicators, especially in connection with access to employment, housing, education and health, of the various ethnic, racial or linguistic groups living in the country, including non-citizens; this hampers the assessment of the progress made in the implementation of Article 5 of the Convention.

POLAND (2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Poland, 21/03/2003, CERD/C/62/CO/6.

13. The Committee notes efforts to meet the specific educational needs of Roma children, but is concerned that in some cases these efforts have led to segregated classes having a lower standard of education than the Polish counterparts. The Committee recommends that new programmes integrate Roma children into mainstream schools as far as possible, in order to avoid discrimination, and that the State party recruit more teachers and teaching assistants from the Roma minority. The Committee invites the State party to include in its next periodic report more detailed information on this issue and on the progress achieved.

PORTUGAL (2004)

Concluding observations the Committee on the Elimination of Racial Discrimination: Portugal, 24/08/2004, CERD/C/65/CO/6.

13. While the Committee notes the measures taken by the State party in order to improve the situation of Roma/Gypsies, it remains concerned about the difficulties faced by many members of this community in the fields of employment, housing and education, as well as by reported cases of discrimination in daily life. The Committee also invites the State party to take more effectively into account, in all programmes and projects planned and implemented and in all measures adopted, the situation of Roma/Gypsy women, who are often victims of double discrimination. The Committee urges the State party to continue taking special measures in accordance with article 2, paragraph 2, of the Convention to ensure the adequate protection of Roma/Gypsies and to promote equal opportunities for the full enjoyment of their economic, social and cultural rights.

REPUBLIC OF KOREA (2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Republic of Korea, 10/12/2003, CERD/C/63/CO/9.

4. The Committee welcomes legislation adopted in July 2003 establishing the Employment Permit System, which provides foreign workers with the same labour protection as domestic workers. It also welcomes the amendment to the education regulations that allows foreign children of compulsory school age, including those of undocumented migrant workers, equal access to local schools.

11. The Committee is concerned about the trafficking of foreign women to the State party for the purpose of prostitution, although it notes the State party's efforts to combat this phenomenon. The Committee encourages the State party to expand and strengthen ongoing efforts to prevent trafficking and provide support and assistance to victims, wherever possible in their own language.

RUSSIAN FEDERATION
(2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Russian Federation, 21/03/2003, CERD/C/62/CO/7.

19. The Committee requests further information on the protection provided to refugees and asylum-seekers in the State party and on whether children of asylum-seekers are able to attend school.

(1996)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Russian Federation, 28/03/96, CERD/C/304/Add.5.

10. The report contains very limited information on the right to security of person (art. 5 (b) of the Convention), the right to freedom of movement (art. 5 (d) (i)) and non-discrimination with regard to the enjoyment of economic, social and cultural rights, referred to in article 5 (e) of the Convention.

SAINT VINCENT AND THE GRENADINES (2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Saint Vincent and the Grenadines, 10/12/2003, CERD/C/63/CO/10.

10. The Committee is concerned that no information has been provided by the State party on the economic, social and cultural situation of minority groups. It is further concerned that persons of Carib ancestry tend to be viewed as the base of the social pyramid and experience discrimination. In general, access to health care and educational opportunities depends on the level of family income. Recalling that racial discrimination and poverty issues intersect, the Committee recommends that the State party include in its next periodic report information on affirmative action measures adopted, in conformity with article 2, paragraph 2, of the Convention, in order to ensure the adequate development and protection of minority groups, in particular the Caribs. The enjoyment of economic, social and cultural rights, including access to public services, must be ensured for all without discrimination, in accordance with article 5 of the Convention.

SAUDI ARABIA (2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Saudi Arabia, 21/03/2003, CERD/C/62/CO/8.

6. The Committee welcomes the recent initiative to include non-Saudis in a health insurance system. The Committee has also noted with satisfaction that measures have been taken to put an end to the practice of employers retaining the passports of their foreign employees, in particular domestic workers. It also notes the high number of schools that have been authorized to offer programmes for the education of children of migrant workers that have been designed in their country of origin.

14. The Committee, noting the information provided concerning the acquisition of nationality under the Nationality Regulations, is nevertheless concerned that a Saudi woman is unable to transmit her nationality to her child when she is married to a foreign national, and that a foreign man is unable to acquire Saudi nationality in the same manner as a foreign woman. The Committee requests the State party to consider the possibility of modifying these provisions in order to conform to article 5 (d) (iii) of the Convention.

17. The Committee is concerned about allegations of substantial prejudice against migrant workers, in particular those coming from Asia and Africa. The Committee invites the State party to report on the situation, in particular, of women domestic workers and draws the attention of the State party to its general recommendation XXV on gender-related dimensions of racial discrimination.

SENEGAL (2002)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Senegal, 01/11/2002, A/57/18, paras. 435-450.

443. The Committee seeks clarification concerning forms of discrimination affecting women, from the viewpoint of double discrimination, based both on sex and on national or ethnic origin.

445. The Committee notes with concern the continuing legacy in Senegal of aspects of a caste-based system, despite its having been banned by law. It recommends that the State party ensure that the existing provisions are effectively applied, including by taking steps to guarantee access to justice for victims, in accordance with its general recommendation XXVI.

446. The Committee recommends that in its next periodic report the State party supply detailed and comprehensive information on the steps that have been taken at the national level to apply the provisions of article 5 and article 7 of the Convention and to prevent any kind of discrimination in the enjoyment of economic, social and cultural rights by ethnic groups, including in Casamance.

SLOVAKIA
(2004)

Concluding observations the Committee on the Elimination of Racial Discrimination: Slovakia, 24/08/2004, CERD/C/65/CO/7.

8. While the Committee welcomes the extensive measures adopted by the State party in the field of education aimed at improving the situation of Roma children, including the "Roma assistants" project, it continues to express concern at de facto segregation of Roma children in special schools, including special remedial classes for mentally disabled children. The Committee recommends that the State party prevent and avoid the segregation of Roma children, while keeping open the possibility of bilingual or mother-tongue tuition. The Committee further recommends that the State party intensify its efforts to raise the level of achievement in schools by Roma children, to recruit further school personnel from among members of Roma communities and to promote intercultural education.

11. The Committee is alarmed by the critical health situation of some Roma communities, which is largely a consequence of their poor and inadequate living conditions. The Committee recommends that the State party continue to implement programmes and projects in the field of health for Roma, bearing in mind their disadvantaged situation due to extreme poverty and low level of education; to this end, the Committee encourages the State party to take further measures to address the issues of drinking water supplies and sewage disposal systems in Roma settlements.

12. The Committee is concerned about reports of cases of sterilization of Roma women without their full and informed consent. In this respect, the Committee welcomes the assurances given by the delegation that a draft Law on healthcare that would address shortcomings in the system by specifying the requirement of free and informed consent for medical acts as well as by guaranteeing patient's access to medical files, has been approved by the Government and should be shortly adopted by the Parliament. The Committee strongly recommends that the State party take all necessary measures to put an end to this regrettable practice, including the speedy adoption of the abovementioned draft Law on healthcare. The State party should also ensure that just and effective remedies, including compensation and apology, are granted to the victims.

(2001)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Slovakia, 01/05/2001, CERD/C/304/Add.110.

The Committee is concerned that a disproportionately large number of Roma suffer higher mortality rates, have poorer nutrition levels, and low levels of awareness of maternal and child health. Moreover, the Committee is concerned about poor access to clean drinking water, adequate sanitation, and high exposure to environmental pollution in Roma settlements. The Committee recommends that the State party take all necessary measures to ensure that the Roma enjoy the full right to health and health care. The Committee recommends that the State party prioritize and target social services for persons belonging to the most vulnerable groups.

SLOVENIA (2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Slovenia, 02/06/2003, CERD/C/62/CO/9.

15. The Committee is concerned that a significant number of persons who have been living in Slovenia since independence without Slovenian citizenship may have been deprived under certain circumstances of their pensions, of apartments they were occupying, and of health care and other rights. The Committee takes note of the efforts undertaken by the State party to address these issues and requests the State party to provide, in its next periodic report, specific information on these issues and on any remedies provided.

SPAIN
(2004)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Spain, 28/04/2004, CERD/C/64/CO/6.

7. The Committee also welcomes the measures and programmes implemented to combat trafficking in persons and international prostitution, including the adoption of a plan of action to counter the sexual exploitation of minors.

8. The Committee equally notes with satisfaction the extensive measures taken in the social, economic, cultural and other spheres in connection with the Gypsy community, including inter alia:

(a) The further implementation of the Gypsy Development Programme, aimed at promoting access for members of the Gypsy community - on terms of equality with the rest of the population - to public education, health, housing, employment;

(b) The National Plan of Action for Social Inclusion identifying the Gypsy community as a specific beneficiary group;

(c) The Gypsy Education Group aimed at improving the current situation regarding education for Gypsy children and young people.

15. With respect to article 5 of the Convention, while the Committee notes with satisfaction the extensive measures taken by the State party in order to improve the overall situation of Gypsies, it is concerned about the difficulties still faced by a large part of them in the fields of employment, housing and education, as well as about reported cases of discrimination in daily life. The Committee draws the attention of the State party to its general recommendation XXVII on discrimination against Roma (Gypsies) and recommends that the State party take all necessary measures with a view to promoting tolerance and overcoming prejudices and negative stereotypes in order to avoid any form of discrimination against members of the Roma (Gypsy) community.

(2000)

Concluding Observations by the Committee on the Elimination of Racial Discrimination: Spain, 19/04/2000, CERD/C/304/Add.95.

8. The Committee notes that no easily accessible information was provided with regard to the status of the inhabitants of Ceuta and Melilla. The State party is requested to provide information on their status and on whether they enjoy, without discrimination, the rights listed in article 5 of the Convention.

9. With reference to article 5 (e) of the Convention, the Committee expresses concern about reports indicating the prevailing discrimination against persons of foreign origin, particularly in the field of employment. The Committee wishes to receive further information on measures taken by the State party to ensure the practical enjoyment by persons belonging to ethnic or national minorities of the rights to work and to equal opportunities for promotion and career development, to education and to housing.

10. While noting the positive measures taken by the State party to ensure that the Roma are not discriminated against, the Committee expresses concern over the high drop-out rates and registered absences of Roma children in primary schools, as well as the low number of Roma completing higher education. The State party is requested to provide information about measures undertaken and planned to ensure equal education opportunities for the Roma minority.

11. With reference to previously expressed concern about reports of racist attitudes on the part of the police and Civil Guard officers, the State party is requested to provide information in its next report on any evaluation made of the effectiveness of non-discrimination training schemes for these officers.

SUDAN (2001)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Sudan, 27/04/2001, CERD/C/304/add.116.

12. The Committee repeats its concern over continuous reports and allegations regarding the abduction by armed militia of, primarily, women and children belonging to other ethnic groups. In this regard, it notes that the State party, while disassociating itself from any such practices, attributes abduction to traditions deeply rooted among certain tribes. Notwithstanding this position, the Committee strongly emphasizes the State party's responsibility to undertake all measures to bring the practice of abduction to an end and to ensure that legal action is taken against those responsible for such acts, and compensation given to those aggrieved.

SURINAME (2004)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Suriname, 12/03/2004, CERD/C/64/CO/9.

16. The Committee is disturbed at reports of growing sexual exploitation of children and the rape of girls belonging to indigenous and tribal peoples in regions where mining and forestry operations have developed. It recommends that the State party take the necessary measures to ensure that those responsible are prosecuted.

17. The Committee is concerned at information about the spread of sexually transmitted diseases such as HIV/AIDS amongst indigenous and tribal people, in connection with the expansion of mining and forestry operations in the interior of the country. It recommends that the State party introduce a plan of action to combat AIDS in the interior.

19. The Committee is disturbed at the continuing lack of health and education facilities and utilities available to indigenous and tribal peoples. It regrets that no special measures have been taken to secure their advancement on the grounds that there are no available data suggesting that they need special protection. The Committee recommends that greater efforts be undertaken by the State party, in particular as regards the education plan of action for the interior. It also recommends the inclusion in agreements with large business ventures - in consultation with the peoples concerned - of language specifying how those ventures will contribute to the promotion of human rights in areas such as education.

24. The Committee is concerned about reports that the process of voluntary repatriation and reintegration of Surinamese refugees in French Guyana has not been completed for many Maroon men, leaving their wives and children in deep poverty. The Committee would like detailed information on this issue.

25. The Committee takes note of the State party's desire to respect the marriage customs of various ethnic groups, its efforts to establish a uniform age of consent at 18 years, and to ban marriages to which the woman does not consent. On this point, it observes that the 1973 Marriage Act came into force in June 2003. The Committee recommends continued efforts by the State party to ensure that women's rights are respected, irrespective of the community they belong to, especially where marriage is concerned. It calls for detailed information on the marriage rules and practices that apply in the indigenous and tribal communities.

SWEDEN (2004)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Sweden, 10/05/2004, CERD/C/64/CO/8.

11. While the Committee acknowledges with satisfaction the initiatives taken by the State party to improve the situation of the Roma, such as the establishment of a Council for Roma Issues in 2002 as an advisory body to the Government, it remains concerned about the difficulties still faced by a large part of the Roma community in areas such as employment, housing and education. The Committee draws the attention of the State party to its general recommendation XXVII on discrimination against Roma and encourages the State party to intensify its efforts to implement national strategies and programmes in these areas, including the biennial strategic programme of the Ombudsman against Ethnic Discrimination, with a view to improving the situation of the Roma and their protection against discrimination.

SWITZERLAND (2002)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Switzerland, 21/05/2002, CERD/C/60/CO/14.

16. The Committee requests information about the legislation in force prohibiting racial discrimination within the private sector in fields such as employment, housing, education, health and access to public places.

TAJIKISTAN (2004)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Tajikistan, 24/08/2004, CERD/C/65/CO/8.

15. The Committee is concerned that, according to some reports, refugees, in particular Afghan refugees, have been forcibly returned to their countries. The State party should pursue its cooperation with UNHCR to protect persons who have sought refuge in Tajikistan. The Committee also urges the State party to ensure, in accordance with article 5 b), that no person will be forcibly returned to a country where there are substantial grounds for believing that his/her life or health may be put at risk.

17. The Committee, while appreciating the State party's efforts to provide children belonging to ethnic minorities with education in their native languages, notes with regret that there is an insufficient number of Uzbek textbooks in the Latin alphabet, adapted to new curricula. (article 5 d v) The Committee encourages the State party to undertake consultations with the Uzbek minority and make all efforts to address their concerns on this issue. The State party should submit additional information on the effective implementation of the Education Act, in particular on the number of schools teaching in minority languages and their geographical distribution, the quality of education provided and the difficulties encountered, if any.

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA (1997)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: The Former Yugoslav Republic of Macedonia, 15/10/97, CERD/C/304/Add.38.

8. With respect to Article 5 of the Convention, the lack of sufficient information on the participation of ethnic minorities in public life and on their economic and social situation, especially with regard to access to employment, health, education and housing, is regretted.

TUNISIA (2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Tunisia, 02/06/2003, CERD/C/62/CO/10.

6. The Committee welcomes the measures taken in the economic and social sphere, which have resulted in economic growth and a significant reduction of poverty. The Committee notes with interest the establishment of a National Solidarity Fund to combat poverty and marginalization, as well as the creation of a National Solidarity Bank, and appreciates the results they have achieved so far. The Committee also notes the progress already achieved towards ensuring equality between women and men in Tunisian society, as well as the observance of religious freedom, inasmuch as they impact on the promotion of non-discrimination based on ethnic origin. The Committee encourages the State party to continue along this path.

TURKMENISTAN (2002)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Turkmenistan, 21/05/2002, CERD/C/60/CO/15.

2. Although Turkmenistan has ratified the main international instruments in the field of human rights, it has not reported to any United Nations treaty body. The State party, moreover, has not responded to communications sent by special rapporteurs of the Commission on Human Rights.

3. The Committee expresses deep concern about grave allegations of human rights violations in Turkmenistan, both in the civil and political, as well as social, economic and cultural domains and, in connection with article 5 of the Convention, would like to receive more information from the State party on these matters.

4. In particular, the Committee is concerned about alleged discrimination affecting persons belonging to minorities in the fields of employment and education, as well as with respect to the freedom of thought, conscience and religion. The Committee received information alleging that the State party's present policy of promotion of Turkmen identity leads to discrimination against persons not of Turkmen ethnicity.

UGANDA (2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Uganda, 02/06/2003. CERD/C/62/CO/11.

6. The Committee notes the considerable investment made by the Government in the area of education and welcomes the information provided by the delegation regarding the extension of the Universal Primary Education programme to all children of school-going age.

7. The Committee acknowledges that the severe political, economic and social difficulties facing the State party have had a negative impact on the situation of the most vulnerable parts of the population, notably children, refugees and minorities. In particular, the Committee notes that poverty, internal armed conflict in the north, and the HIV/AIDS pandemic have added to the difficulties which may exist in the implementation of the Convention.

8. Noting the current efforts made by the State party to develop and modernize its data processing, the Committee regrets the lack of disaggregated data or precise information on the ethnic composition of the population and on the socio-economic situation of ethnic and national groups. The Committee reminds the State party of general recommendations IV and XXIV and calls upon it to include in its next periodic report more complete information on this issue, as well as on the representation of the various ethnic groups in public bodies and institutions.

9. In the light of the constitutional provision stipulating that the State shall take affirmative action in favour of groups marginalized on the basis of gender, age, disability or any other reason, for the purpose of redressing imbalances which exist in relation to them, the Committee requests that the State party provide in its next periodic report additional information relating to the practical implementation of this provision in accordance with article 2, paragraph 2, of the Convention.

13. The Committee notes the insufficiency of information on the participation of minorities in the economic and social development of the country. The Committee reiterates its request for disaggregated data on access to health care, housing and employment by persons belonging to ethnic and national minorities.

18. While acknowledging the efforts that the Government has made to combat HIV/AIDS, the Committee is concerned about the rapid spread of this disease which affects the population throughout the country, particularly marginalized ethnic groups. The Committee recommends that the State party continue to develop strategies in this regard and that, in this context, due consideration be given to the specific situation of women.

UNITED KINGDOM OF GREAT BRITIAN AND NORTHERN IRELAND
(2003)

Concluding observations of the Committee on the Elimination of Racial Discrimination: United Kingdom of Great Britain and Northern Ireland, 10/12/2003, CERD/C/63/CO/11.

23. The Committee expresses concern about the discrimination faced by Roma/Gypsies/Travellers that is reflected, inter alia, in their higher child mortality rate, exclusion from schools, shorter life expectancy, poor housing conditions, lack of available camping sites, high unemployment rate and limited access to health services. The Committee draws the attention of the State party to its general recommendation XXVII on discrimination against Roma and recommends that the State party develop further appropriate modalities of communication and dialogue between Roma/Gypsy/Traveller communities and central authorities. It also recommends that the State party adopt national strategies and programmes with a view to improving the situation of the Roma/Gypsies/Travellers against discrimination by State bodies, persons or organizations.

24. The Committee reiterates its concern that besides the Roma/Gypsy/Traveller populations, certain other minority groups or individuals belonging to them experience discrimination in the areas of employment, education, housing and health. The Committee urges the State party to continue taking affirmative measures in accordance with article 2, paragraph 2, of the Convention to ensure equal opportunities for full enjoyment of their economic, social and cultural rights. Moreover, the Committee encourages the State party to submit in its next periodic report more detailed information on achievements under the State party's programmes aimed at narrowing the employment gap and improving housing conditions among different ethnic groups.

(2001)

Concluding observations of the Committee on the Elimination of Racial Discrimination: United Kingdom of Great Britain and Northern Ireland, 01/05/2001, CERD/C/304/Add.102.

16. The Committee expresses concern that the dispersal system may hamper the access of asylum-seekers to expert legal and other necessary services, i.e. health and education. It recommends that the State party implement a strategy ensuring that asylum-seekers have access to essential services and that their basic rights are protected.

(1997)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: United Kingdom of Great Britian and Northern Ireland, 23/04/97, CERD/C/304/Add.20.

15. Concern is expressed that the race relations legislation concerning Northern Ireland tabled in Parliament contains two grounds for exemption, namely public order and public safety, which are additional to the ones already enshrined in the Race Relations Act of 1976, and that bodies working in the field of health, education, social services, planning and housing do not have the same positive legal duty to eliminate discrimination as that which applies to local authorities in Britain.

THE UNITED STATES OF AMERICA (2001)

Concluding observations of the Committee on the Elimination of Racial Discrimination: United States of America, 14/08/2001, A/56/18, paras. 380-407.

398. While noting the numerous laws, institutions and measures designed to eradicate racial discrimination affecting the equal enjoyment of economic, social and cultural rights, the Committee is concerned about persistent disparities in the enjoyment of, in particular, the right to adequate housing, equal opportunities for education and employment, and access to public and private health care. The Committee recommends that the State party take all appropriate measures, including special measures according to article 2, paragraph 2, of the Convention, to ensure the right of everyone, without discrimination as to race, colour, or national or ethnic origin, to the enjoyment of the rights contained in article 5 of the Convention.

URUGUAY (2001)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Uruguay, 12/04/2001, CERD/C/304/Add.78.

16. The Committee recommends that the State party establish special programmes aimed at facilitating the social enhancement of women belonging to the Afro-Uruguayan community, who suffer double discrimination on grounds of both their gender and race.

VENEZUELA (1996)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Venezuela, 27/09/96, CERD/C/304/Add.17.

17. The Committee recommends that appropriate measures be taken to provide health care services for indigenous communities, particularly those located in remote regions of the country.

VIETNAM (2001)

Concluding observations of the Committee on the Elimination of Racial Discrimination: Viet Nam, 15/08/2001, A/56/18, paras. 408-428.

417. Bearing in mind the allegations of forced sterilization of mountain ethnic minority women and their rejection by the State party's delegation, the Committee would welcome information from the State party on the impact of its population-planning policies on the enjoyment of reproductive rights by persons belonging to such minorities.

YEMEN (2002)

Concluding Observations of the Committee on the Elimination of Racial Discrimination: Yemen, 01/11/2002, A/57/18, paras. 451-470.

464. The Committee notes the information given by the delegation regarding the conditions governing the acquisition of Yemeni nationality. The Committee recommends that the State party take effective measures to ensure the right to acquire nationality for non-citizens, including for non-Muslims and children of mixed couples, without any discrimination.