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Committee on the Elimination of Racial Discrimination concludes seventy-eighth session

11 March 2011

ROUNDUP

11 March 2011

Issues Concluding Observations on Reports of Armenia, Bolivia, Cuba, Ireland, Lithuania, Moldova, Norway, Rwanda, Serbia, Spain, Uruguay and Yemen

The Committee on the Elimination of Racial Discrimination today concluded its four-week seventy-eighth session and released its concluding observations and recommendations on the reports of Armenia, Bolivia, Cuba, Ireland, Lithuania, Moldova, Norway, Rwanda, Serbia, Spain, Uruguay and Yemen, which were considered at this session.

The Committee noted with interest Bolivia’s establishment of the new Vice Ministry of Decolonization and the General Directorate for Combating Racism in 2009. While noting that the State party acknowledged the existence of Afro-Bolivians and their rights in the Constitution, the Committee reiterated its concern about the invisibility and social exclusion of Afro-Bolivian communities and the lack of educational and social indicators for that group. The Committee encouraged the State party to adopt mechanisms to ensure the participation of Afro-Bolivian communities in the design and adoption of standards and policies, and the implementation of projects affecting them.

Regarding the nineteenth and twentieth periodic reports of Norway, the Committee expressed appreciation for the fact that the State party had adopted initiatives to combat discrimination including the Plan of Action against Racism and Discrimination. The Committee was worried, however, by the situation of migrants, persons from a migrant background, asylum-seekers and refugees with regard to discrimination against them in terms of access to public services, housing, the labour market and health, and in particular adequate physical and mental health services for traumatized refugees and asylum-seekers. It urged Norway to ensure that crisis centres had professional staff with adequate knowledge and specific competencies to work with persons from ethnic minority or immigrant backgrounds.

Following its examination of the combined third and fourth periodic reports of Ireland, the Committee welcomed the establishment of the independent police complaints authority and noted with appreciation the establishment of the Office of the Press Ombudsman and the Press Council of Ireland which provide a new system of independent regulation for the print media. The Committee noted with regret reports that many non-Irish people were subjected to police stops, and were required to produce identity cards, a practice which had the potential to perpetuate racist incidents and the profiling of individuals on the basis of their race and colour. The Committee recommended that the State party adopt legislation prohibiting any form of racial profiling and strengthen its efforts to promote the humane treatment of migrants and people of non-Irish origin by police and other law enforcement personnel in accordance with international human rights law.

With regard to the combined eighteenth through twentieth periodic reports of Spain, the Committee welcomed the implementation of various measures that had helped improve the situation of the Roma community in the social, economic and cultural spheres, including the approval of the Plan of Action for the Development of Roma 2010 to 2012. However, the Committee was concerned about the difficulties still faced by many Roma in the areas of employment, housing and education, particularly Roma women and girls, as well as the persistence of cases of discrimination against the Roma community in everyday life. The Committee also recommended the State party take the necessary measures to promote tolerance and overcome prejudices and negative stereotypes in order to avoid any form of discrimination against members of the Roma community.

With regard to the combined seventeenth and eighteenth periodic reports of Yemen, the Committee welcomed the breadth of legal instruments, both domestic and international, that Yemen had implemented or ratified relating to the protection of human rights. Among concerns and recommendations, the Committee noted that Yemen continued to view its country as a homogeneous society despite the existence of numerous national and ethnic groups. The Committee also regretted the lack of disaggregated statistical data on the ethnic and racial composition of the population considering the diversity of ethnic and racial groups in the country. The Committee recommended that Yemen formally recognize the existence of various ethnic groups within its territory and the fact that the State Party was not a homogeneous society.

Concerning the consolidated fifth and sixth periodic reports of Armenia, the Committee welcomed the creation in 2004 of the institution of the Human Rights Defender which was fully compliant with the Paris Principles and had a mandate to consider complaints concerning violations of rights contained in the Convention. The Committee noted the relatively homogenous make up of the population of the State party, but regretted the absence of reliable data on the actual composition of its population. The Committee requested the State party, on the basis of the census to be held in 2011 and with respect of the principle of self-identification, include in its next periodic report up-to-date data on the composition of its population, including the Assyrians, the Azeris, the Romas and other small ethnic groups.

Among positive aspects in the combined eighth and ninth periodic reports of the Republic of Moldova, the Committee welcomed the ratification by the State party of human rights instruments of the Commonwealth of Independent States and of the Council of Europe, which had direct relevance to the application of the Convention. Taking into account the intersectionality between ethnicity and religion, the Committee was concerned about the reported cases of discrimination and intimidation against religious minority groups and non-citizens and the Committee urged the Republic of Moldova to consider, in consultation with civil society, the option of establishing an independent national human rights institution fully compliant with the Paris Principles.

Following its examination of the combined fourth and fifth periodic reports of Lithuania, the Committee welcomed the enactment of the Law on Equal Treatment in 2005 which prohibited direct or indirect discrimination on the grounds of age, sexual orientation, disability, race and ethnic origin. The Committee noted with concern that due to the financial crisis, the State party’s programmes aimed at addressing racial discrimination, mainly discrimination against Roma, had suffered from disproportionate budget cuts. The Committee urged Lithuania to allocate sufficient resources for programmes targeting the Roma community, for example, to solve the problems of their statelessness and to involve Roma representatives and civil society organizations in the implementation of these programmes.

Among positive aspects of the thirteenth through seventeenth periodic reports of Rwanda, the Committee welcomed the establishment of the customary courts (Gacaca) and the reconciliation conferences (bakangurambaga) to foster unity, reconciliation, tolerance and social cohesion. The Committee regretted the State party’s decision not to recognize the Batwa community as an indigenous people and was concerned by information at its disposal which indicated the Batwa remained the subjects of persistently negative stereotypes. The Committee encouraged the State party to clarify the notion of “historically marginalized groups” which it referred to in its report in order to enable, among others, the Batwa community to fully enjoy their rights according to the provisions of the Convention.

During the public closing of the session, Anwar Kemal, the Committee Chairperson, said that the seventy-eighth session had been marked by a heavy workload during which the Committee considered the reports and adopted concluding observations for 12 States parties from the various regions of the world. During the constructive dialogue with States parties the Committee identified positive developments as well as gaps and challenges and in all instances sought to identify strategies for further solutions to the challenges of persistent forms of racial discrimination. Mr. Kamal stressed that these dialogues confirmed the importance of regular and timely reporting and consideration so as to ensure a consistent monitoring of progress achieved and to strengthen States’ accountability for their compliance with their international treaty obligations. Mr. Kemal further explained that the Committee paid attention to a specific situation in each country and elaborated its concluding observations that included concerns and recommendations. He said it was worth mentioning that their follow-up procedure was also important in this regard; so far, some 32 States parties had submitted information under this procedure. This provided them with enough material to perhaps consider doing some impact assessment of this procedure. In this regard, the Committee worked very hard at understanding the specific issues and difficulties faced by countries in combating racial discrimination and sought to encourage States parties to engage in regular action which would strengthen their ability to effectively apply and achieve the objectives of the Convention.

Mr. Kemal went on to say that the Committee had held a fruitful, day long thematic discussion on racial discrimination against people of African descent in the context of the International Year for People of African descent which attracted experts from different international human rights mechanisms in the United Nations system, regional offices and specialized agencies of the UN, States representatives and civil society partners. He thanked the experts for their contributions to the discussion and the Rapporteur for providing valuable elements which would help the Committee to craft recommendations on the issue. The Committee also had very interesting meetings with the Chair of ECRI, the Special Rapporteur on the situation of indigenous people as well as the Independent Expert on minority issues. They had exchanged views and identified areas for strengthened cooperation. Mr. Kemal stressed that recent happenings in Libya and Côte d’Ivoire drew the Committee’s attention and required action. In that respect, the Committee adopted a statement on Libya and a decision on Côte d’Ivoire under their early warning and urgent action procedure.

During the course of the session, the Committee also examined individual communications of violations of the Convention and considered follow-up information submitted by States parties in relation to the observations and recommendations of the Committee, in closed meetings.

The Committee’s seventy-ninth session will be held from 8 August to 2 September 2011, when the Committee will review the periodic reports of Albania, the Czech Republic, Georgia, Kenya, Kuwait, the Maldives, Malta, Mexico, Paraguay, Ukraine and the United Kingdom.

Membership and Bureau

The Committee is composed of 18 independent experts who are persons of high moral standing and acknowledged impartiality. The following members, nominated by the States parties to serve in their personal capacity, have been elected to the Committee: Nourredine Amir (Algeria); Alexei Avtonomov (Russian Federation); José Francisco Cali Tzay (Guatemala); Anastasia Crickley (Ireland); Fatimta-Binta Victoria Dah (Burkina Faso); Ion Diaconu (Romania); Kokou Mawuena Ika Kana (Dieudonnè) Ewomsan (Togo); Régis de Gouttes (France); Huang Yong'an (China); Anwar Kemal (Pakistan); Dilip Lahiri (India); Gün Kut (Turkey); José Augusto Lindgren Alves (Brazil); Pastor Elias Murillo Martinez (Colombia); Chris Maina Peter (Tanzania); Pierre-Richard Prosper (United States of America); Waliakoye Saidou (Niger); and Patrick Thornberry (United Kingdom).

Anwar Kemal is the Chairperson of the Committee. José Francisco Cali Tzay, Fatimata-Binta Victoria Dah and Pierre-Richard Prosper are Vice-Chairpersons and Ion Diaconu serves as Committee Rapporteur.

Concluding Observations and Recommendations on Country Reports

Bolivia

Among positive aspects in the combined seventeenth through twentieth periodic reports of Bolivia, the Committee noted with satisfaction Bolivia’s recent ratification of the Convention on the Rights of Persons with Disabilities and the International Convention against Forced Disappearances. The Committee noted with satisfaction that the State party had introduced the UN Declaration on the Rights of Indigenous Communities into domestic law via Law No. 3760. The Committee noted with interest the establishment of the new Vice Ministry of Decolonization and the General Directorate for Combating Racism in 2009. The Committee welcomed the adoption of necessary legislation to combat racial discrimination, such as the law against racism and all forms of discrimination, as a substantial basis for the creation of policies to prevent racism and discriminatory conduct. The Committee also welcomed the National Action Plan on Human Rights (PNADH), adopted in 2008 that sets out priorities for action on human rights with a paragraph on policy development concerning racism and discrimination.

The Committee, while noting with interest that the State party acknowledged the existence of the Afro-Bolivians and their rights in the Constitution, reiterated its concern about the invisibility and social exclusion of Afro-Bolivian communities and the lack of educational and social indicators for that group. The Committee expressed concerns that these communities continued to face discrimination in the exercise of their economic, social and cultural rights and were significantly underrepresented in public offices and government positions. The Committee regretted racial hate speech and discriminatory acts that took place in the State party, by organizations, media and journalists who disseminated racist stereotypes and hate speech against people of indigenous nations and Afro-Bolivians and incited racial discrimination. The Committee regretted the absence of an explicit penal provision in Bolivia’s legislation prohibiting organizations and propaganda activities that incited racial hatred in accordance wit the Convention. The Committee regretted continuing threats and attacks against the physical integrity of human rights defenders, mainly those working in defense of indigenous peoples. The Committee expressed its concern at reports of discrimination and hostility to migrants and the particular vulnerability of asylum seekers, unaccompanied children, and women victims of trafficking. It was also concerned about the lack of identification documents for asylum applicants, cases of arbitrary return of refugees and the lack of national legislation in line with international standards for refugee protection. The Committee noted with interest the coexistence of the various jurisdictions that were legally recognized, but it expressed concern that indigenous justice was not appropriate to the State Constitution or the Convention as it excluded certain areas of personal life, material and territorial, and did not correspond to the reality of coexistence between indigenous and non-indigenous persons.

Reiterating its previous recommendation, the Committee urged the State party to take necessary measures, including legislative and budgetary, to ensure equality of rights, including civil and political rights, the right to education, housing and employment for all citizens. The Committee also encouraged the State party to adopt mechanisms to ensure the participation of Afro-Bolivian communities in the design and adoption of standards and policies, and the implementation of projects affecting them. The Committee recommended that the State party amend its Criminal Code in order to fully implement the provisions of Article 4. Likewise, the Committee recommended that the State party give special attention to the social role played by media in improving human rights education and establish an ethical framework for the responsible exercise of journalism. The Committee also advised Bolivia to strengthen measures to combat racial prejudices which lead to racial discrimination in the media and the press through education and training programs for journalists and people working with the media sector to raise awareness about racial discrimination in the general population. The Committee encouraged the State party to develop regulations establishing the rights of refugees and the free nature of identification documents and to train public officials, including border agents, to use procedures that were in keeping with human rights. The Committee urged the State party to continue to cooperate with the Office of the High Commissioner for Refugees and to ensure that no refugee was forcibly returned to a country where there were substantial grounds for believing that they would suffer serious human rights violations. The Committee requested that Bolivia intensify its efforts to generate and implement educational campaigns aimed at changing the social perception and public attitudes to combat racial discrimination in all sectors of society. The Committee reiterated a previous recommendation and encouraged the State party to undertake all necessary measures for the protection of human rights defenders against any act of intimidation or reprisal and any arbitrary action as a result of their activities, including obstacles to obtaining external funding.

Cuba

Having considered the fourteenth through eighteenth periodic reports of Cuba, the Committee noted with interest the establishment of a series of commissions to analyze and study the phenomenon of racial discrimination in Cuba, such as the Commission against Racism and Racial Discrimination of the National Union of Writers and Artists (UNAEC) and the interagency committee coordinated by the José Martí National Library. The Committee also noted with interest the establishment of a coordinating group to review and propose actions related to racial issues to the Central Committee of the Communist Party of Cuba. The Committee welcomed the work program in 2011 to commemorate the International Year of People of African Descent as well as the State party's participation, through the Foundation Fernando Ortiz, in the "Slave Route", which UNESCO had been developing since 1994. The Committee was aware of the economic constraints facing the country, and it noted with appreciation the progress made in meeting the Millennium Development Goals, with several of the goals having already been met and other relevant progress.

While welcoming the aforementioned efforts, the Committee noted with concern that the State party's criminal legislation did not provide racial motivation as an aggravating circumstance of criminal responsibility. The Committee also noted that the State party had not yet planned to establish an independent body responsible for the monitoring, supervision and evaluation of progress in combating racism and racial discrimination, the detection of manifestations of indirect discrimination and the formulation of proposals for improvement. While noting the efforts undertaken by the State party to improve the representation of black and mixed populations in public administration, the Committee noted the difficulty of identifying policies that could successfully address the status of historically excluded groups who experienced a combination of racial discrimination and economic deprivation. The Committee noted the information provided by the delegation about the measures taken by Cuba to combat trafficking in human beings, especially women and girls for sexual exploitation, but it regretted the lack of information about the extent of internal trafficking and the incidence of this phenomenon among the black population. The Committee noted the information provided by the delegation on the ongoing efforts to reform the immigration law and the Citizenship Act of 1948. The Committee regretted, however, the limited information available on illegal immigration during the period under review, particularly on the arrival of boats with Haitian immigrants and their subsequent repatriation within the framework of the tripartite memorandum of understanding signed in February 2002 between Cuba, Haiti and the International Organization for Migration (IOM).

The Committee recommended that Cuba amend its legislation so that racial motivation constituted an aggravating circumstance in crimes. The Committee encouraged the State party to establish an independent body or national human rights institution in accordance with the Paris Principles relating to the status of national institutions for the promotion and protection of human rights. The Committee welcomed the special measures and affirmative action to ensure better representation of people of African descent in public and state enterprises and it encouraged the State party to intensify efforts in this regard, taking into account general recommendation No. 32 of the Committee on the meaning and scope of special measures. The Committee urged the State party to maintain active surveillance on the incidence of racial discrimination in those sectors of the population with high rates of exclusion and economic marginalization. The Committee also requested that Cuba provide detailed information, broken down by sex, age, ethnicity and nationality of the victims, on the number of investigations, convictions and sentences in cases of human trafficking for purposes of labour or sexual exploitation in its next periodic report. The Committee recommended that Cuba address without delay legislative reform on migration and immigration and the nationality law to prevent statelessness. In accordance with its general recommendation number 30 on non-citizens, the Committee urged the State party to ensure respect for the rights and freedoms of foreigners in its territory, whether or not they had documentation or were in a regular or irregular situation. In addition, the Committee encouraged Cuba to ratify the international human rights treaties it had not yet ratified, in particular those instruments whose provisions were directly related to racial discrimination, including the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, and the International Convention on the protection of the rights of migrant workers and their families.

Uruguay

Among positive aspects in the sixteenth through twentieth periodic reports of Uruguay, the Committee was pleased to note the progress made by the State party towards recognizing the diversity of ethnic groups that made up the Uruguayan population and in promoting their economic, social and cultural integration. The Committee noted with appreciation the various legislative, institutional and policy developments which had taken place in the State party to combat racial discrimination, including: Act No. 17.817 of 2004, which created the Honorary Commission against racism, xenophobia and other forms of discrimination; the establishment of the Secretariat of Women of African Descent in the National Institute for Women; the establishment of the Advisory Service for racial equity; the Office for the Promotion and Coordination of Affirmative Action Policies for People of Afro Descent; Act No. 18.315 of 2008 on police procedures which set out the principles for police conduct; Act No. 18.437 of 2008 on education which established anti-discrimination objectives; and the Ceibal Plan which gave all children attending State primary schools access to a computer. The Committee also noted with interest the declaration by the State party of a National Day of Cadombe to celebrate the Afro-Uruguayan Culture and Racial Equity, as well as the Day of the Chùarra Nation and Indigenous Identity.

The Committee expressed its deep concern about the absence of reliable and more comprehensive statistical data on the population including economic and social indicators disaggregated by race or ethnicity, in particular on people of African descent and indigenous people, to enable it to better evaluate their enjoyment of civil and political, economic, social and cultural rights in the State party. The Committee was concerned about the absence of provisions in Uruguayan legislation that specifically and clearly prohibited racism and racial discrimination. The Committee was concerned that, despite some measures taken by the State party people of African descent continued to be victims of inequalities, particularly in employment where they occupied low-skill jobs; in housing where they continued to live in the poorest neighbourhoods on the outskirts of the city; and in education, where drop-out rates of children of African descent remained high compared to other ethnic groups in the country. The Committee expressed concern about the persisting double discrimination against women of African descent, based on their ethnic origin and on their gender, in the enjoyment of economic, social and cultural rights, in particular in employment, education and housing. The Committee was concerned at the lack of sufficient information on complaints, prosecutions, convictions and sentences handed down by national courts and tribunals for acts of racial discrimination, as well as reparation granted. The Committee reiterated its view that the lack of any complaints was not proof of the absence of racial discrimination and could be the result of the victim’s lack of awareness of their rights, the lack of confidence on the part of individuals in the police and judicial authorities or authorities’ lack of attention or sensitivity to cases of racial discrimination.

The Committee urged Uruguay to accelerate the collection and publication of statistical data on the composition of its population and its economic and social indicators disaggregated by ethnicity and race, including data from the 2010 national census, as well as any subsequent censuses and surveys which included the ethnic and racial dimension based on self-identification such as the recent national prison census. The Committee recommended that the State party adopt a specific law against racial discrimination or integrate in its current legislation provisions which specifically and clearly prohibited and prevented racial discrimination. The Committee, while expressing understanding of the priority accorded to poverty alleviation in general, emphasized the need to further develop special measures in favour of the structurally disadvantaged sectors of the population to avoid the widening of disparities and intensification of the discriminatory situation suffered by the Afro-Uruguayan and indigenous people. The Committee recommended that the State party strengthen its efforts to reduce inequalities faced by people of African descent and indigenous origin by: promoting the representation of people of African descent and indigenous origin in parliament and other State institutions, as well as their employment in pubic administration and private enterprises; ensuring adequate housing for people previously evicted from their homes and integrating the ethnic or racial dimension in housing programmes; and implementing the 2008 law on education and strengthening special measures aimed at reducing the school drop-out rates of children of African descent and indigenous origin and sensitizing their parents to the benefits of education. The Committee emphasized the need for Uruguay to promote the integration of women of African descent in the labour market, particularly their access to high skill jobs. The Committee recommended that the State party pursue its efforts to introduce the ethno-racial dimension in all governmental plans, programmes and strategies relevant to the objective of combating and reversing structural discrimination.

Norway

Having examined the combined nineteenth and twentieth periodic reports of Norway, the Committee expressed its appreciation at the close collaboration with civil society in the elaboration of the report and the input provided to its proceedings by the Norwegian Centre for Human Rights, the Equality and Anti-Discrimination Ombudsman as well as the Ombudsman for Children. The Committee further welcomed the fact that the State party had adopted initiatives to combat discrimination, including the following: the Plan of Action against Racism and Discrimination; the appointment of a commission to propose more comprehensive anti-discrimination legislation; the appointment of a committee to propose a limited revision of the Constitution with the aim of strengthening the position of human rights; the project of Statistics Norway aimed at producing more accurate statistics with regard to the Sami population; the adoption of the State party’s 2009 plan of action to improve the living conditions of Roma people with Norwegian nationality; the Action Plan for Integration and Social Inclusion of the Immigrant Population, including Goals for Social Inclusion; the adoption of the act relating to Municipal Crisis Centre Services (the Crisis Centre Act); and the National Police Directorate plan to promote diversity in the police force introduced in September 2008.

While appreciating the information provided by the delegation during its oral presentation, the Committee reiterated its concern regarding the lack of data on the ethnic composition of the population in the State party’s report. The Committee was concerned that the envisaged amendment of the Anti-Discrimination Act did not reflect all grounds of discrimination contained in article 1 of the Convention, including discrimination based on race, skin colour and language. The Committee was worried by the situation of migrants, persons from a migrant background, asylum-seekers and refugees with regard to discrimination against them in terms of access to public services, housing, the labour market and health, and in particular adequate physical and mental health services for traumatized refugees and asylum-seekers. The Committee further expressed deep concern at the lack of qualified and professional interpreters, especially in the medical and legal fields, for Sami and in particular about ethical issues which could arise with regard to interpretation, including the reported use of minors as interpreters for their parents and the reported use of family members as interpreters for those whom they had abused. The Committee was concerned that measures taken may not be sufficient to preserve and promote the culture of the Sami people and address the special situation of the East Sami people as well as that of the Sea Sami people. The Committee expressed its concern with regard to the Roma and Romani/Tater communities, and in particular their access to public places, housing, employment and the measures taken to integrate Roma children into the educational system in accordance with their way of living. The Committee was deeply concerned with conditions prevailing in detention centres and departure centres for asylum-seekers and rejected asylum-seekers, as well as with conditions in the departure centre for children aged 16 to 18, including those affecting their physical and mental health. The Committee was concerned by the perceived excessive focus on the issue of female genital mutilation which may be seen as stigmatizing women and girls belonging to certain minority groups.

The Committee invited the State party to consider incorporating the Convention into the domestic legal order at a higher level through the Human Rights Act of 1999. The Committee recommended that the Anti-Discrimination Act should be amended to ensure that all grounds of discrimination contained in article 1 of the Convention were subject to prohibition. The Committee recommended that the State party provide it with updated information concerning the ethnic composition of the population. The Committee further urged Norway to improve the availability, accessibility and quality of professional interpretation services, especially in the medical and judicial fields and encouraged that legislation be enacted on the right to professional interpretation regarding public services as well as a prohibition on the use of minors and relatives as interpreters. The Committee urged the State party to take appropriate measures to ensure that the free language instruction programme was available to everyone who wanted it and that its pedagogic methods and content were adapted to gender, educational and national backgrounds. The Committee requested an assessment of how both the Action Plan against Female Genital Mutilation and the Action Plan against Forced Marriage promoted the rights of women and girls from certain minority groups without stigmatizing them. It urged the State party to ensure that crisis centres had professional staff with adequate knowledge and specific competencies to work with persons from ethnic minority or immigrant backgrounds. The Committee recommended that the State party consult with the East Sami and Sea Sami people and to implement measures with a view to enabling them to fully enjoy their human rights and fundamental freedoms and to maintain and develop their culture, means of livelihood, including management of land and natural resources. The Committee recommended that the State party establish a clear and transparent definition of hate speech and hate crimes according to article 4 and ban organizations which promoted racism and racial discrimination.

Ireland

Following its examination of the combined third and fourth periodic reports of Ireland, the Committee noted with appreciation the establishment of the new Office of the Minister for Integration which has special responsibility for integration policy at the Department of Community, Rural and Gaéltacht Affairs, the Department of Education and Science, and the Department of Justice, Equality and Law Reform. The Committee also commended the State party for the establishment of the Irish Naturalisation and Immigration Service in 2005, which provides a ‘one stop shop’ in matters of asylum, immigration, citizenship and visas. The Committee also commended the State party for ratifying the United Nations Convention on Transnational Organised Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children. The Committee also welcomed the establishment of the independent police complaints authority and noted with appreciation the establishment of the Office of the Press Ombudsman and the Press Council of Ireland which provide a new system of independent regulation for the print media. The Committee noted the actions taken by Ireland on the follow-up to the Durban Review Conference including the National Action Plan against Racism and related initiatives.

The Committee noted with regret that the economic recession threatened to reverse the achievements that had been made in Ireland’s efforts to combat racial discrimination at all levels. The Committee expressed grave concern over the disproportionate budgets cuts to various human rights institutions mandated to promote and monitor human rights such as the Irish Human Rights Commission, the Equality Authority and the National Consultative Committee on Racism and Interculturalism. While noting the efforts made so far by the State party to understand the issues affecting Travellers through the Survey of Traveller Education Provision in Irish Schools (STEP) and the All-Ireland Traveller Health Study, the Committee regretted that efforts made to improve the welfare of Travellers had not substantially improved their situation. The Committee noted with regret the poor outcomes in the fields of health, education, housing, and employment for Travellers as compared to the general population. The Committee was concerned at the lack of legislation proscribing racial profiling by the police and other law enforcement personnel. The Committee also noted with regret reports that many non-Irish people were subjected to police stops, and were required to produce identity cards, a practice which had the potential to perpetuate racist incidents and the profiling of individuals on the basis of their race and colour. The Committee was concerned by reports of racial discrimination towards people of African origin and it regretted the lack of disaggregated statistical data on these reports in the State party report. The Committee noted with concern that the education system in the State party was still largely denominational and mainly dominated by the Catholic Church. The Committee further noted that non-denominational or multi- denominational schools represented only a small percentage of the total and, according to reports, there were not enough alternative schools, and students of the Catholic faith were favoured for enrolment into Catholic schools against students of other faiths in case of shortage of places.

The Committee recommended that Ireland ensure that, notwithstanding the current economic recession, enhanced efforts were made to protect individuals from racial discrimination. The Committee recommended that budget cuts for human rights bodies should not result in the stifling of their activities to effectively monitor the protection of human rights and particularly racial discrimination. The State party should ensure that the functions of the bodies that were closed were fully transferred and subsumed by the existing or new institutions. The Committee recommended Ireland strengthen its efforts to implement the policy advice offered by the National Traveller Monitoring and Advisory Committee. The State party should ensure that concrete measures were undertaken to improve the livelihoods of the Traveller community by focusing on improving students’ enrolment and retention in schools, employment, access to healthcare, housing and transient sites. The Committee recommended that the State party adopt legislation prohibiting any form of racial profiling. Furthermore, the State party should strengthen its efforts to promote the humane treatment of migrants and people of non-Irish origin by police and other law enforcement personnel in accordance with international human rights law. The Committee further recommended that the State party establish appropriate mechanisms to encourage the reporting of racist incidents and crimes. The Committee further recommended that the State party should compile disaggregated statistical data on these incidents of racial discrimination against persons of African origin. Recognising the ‘intersectionality’ between racial and religious discrimination, the Committee reiterated its previous concluding observations and recommended that the State party accelerates its efforts to establish alternative non-denominational or multi-denominational schools and to amend the existing legislation that inhibited students from enrolling into a school because of their faith or belief. The Committee further recommended that Ireland encourage diversity and tolerance of other faiths and beliefs in the education system by monitoring incidents of discrimination on the basis of belief.

Spain
Among positive aspects in the combined eighteenth through twentieth periodic reports of Spain, the Committee welcomed the launching of the Human Rights Plan 2008 to 2012, which provides many concrete commitments, including the implementation and evaluation of the Strategic Plan for Citizenship and Integration and the approval of the National Integral Strategy for Combating Anti-Racism and Xenophobia. The Committee welcomed the information provided by the delegation on the proposed Comprehensive Bill on Equal Treatment and Non-discrimination as well as other legislative measures that the State party had made in its legal framework to combat racial discrimination, including: the Law on Education and Culture of Peace, the Organic Education Law which established the guiding principle of attention to diversity in all basic education, the Organic Law No. 3/2007 on equality between men and women, and the law against violence, racism, xenophobia and intolerance in sport. The Committee welcomed the implementation of various measures that had helped improve the situation of the Roma community in the social, economic and cultural spheres, including the approval of the Plan of Action for the Development of Roma 2010 to 2012, the creation in 2006 of the Roma Advisory Council, the implementation since 2006 of the ACCESS program on access to the labour market and the creation of the Roma Cultural Institute.

The Committee was concerned about the information it had received about identification checks or police raids based on racial and ethnic profiling, performed in public places and neighbourhoods where there is a high concentration of foreigners in order to stop those found to be in irregular situations in Spain. The Committee was also concerned that there were no official figures on racist and xenophobic incidents, or the number of complaints, prosecutions brought, convictions, or sentences imposed for crimes involving aggravating racial motivation and the reparations made to victims. The Committee expressed concerns about the situation of irregular migrants in the Internment Centres for Foreigners (CIE), who were released pending deportation proceedings, a situation which made them more vulnerable to abuse and discrimination. The Committee was also concerned at information received according to which Internment Centres for Foreigners did not have any regulations governing their operation and this meant the living conditions, access to information, legal assistance, medical care and access for non-governmental organizations to inmates varied from one detention centre to another. The Committee was concerned about the persistence of racist stereotypes and prejudices against certain groups of migrants such as North Africans, Latin Americans and Muslims in the media in Spain. The Committee was concerned at reports that in some regions of the State party there existed “ghetto” schools of migrant children and Roma despite the Education Act of 2006 which provided mechanisms for a balanced distribution of students. The Committee noted with satisfaction that the State party continued to take steps to improve the overall situation of the Roma, however, it was concerned about the difficulties still faced by many of them in employment, housing and education, particularly Roma women and girls. The Committee was also concerned at the persistence of cases of discrimination against the Roma community in everyday life.

Recalling its general recommendation No. 31, the Committee urged Spain to take effective measures to eradicate the practice of identification checks based on ethnic and racial profiles. The Committee also recommended that the State party consider reviewing those provisions of Circular 1/2010 and the relevant legislation of the State party which in practice could translate into indiscriminate detention and restriction of the rights of foreign citizens in Spain. The Committee also reminded the State party that officials responsible for law enforcement should receive intensive training in human rights to ensure that, in fulfilling their duties they respect and protect the fundamental rights of all persons, without discrimination based on race, colour or national or ethnic origin. The Committee recommended the State party: periodically collect and publish information about acts of racial discrimination from police, judicial, prison and immigration services, while respecting confidentiality rules, anonymity and protection of personal data, provide in its next report comprehensive data on complaints, prosecutions brought, convictions, penalties and reparations made to victims, and recommended that the State party take necessary measures to ensure the protection of the basic rights of migrants who were awaiting the outcome of their deportation proceedings, and develop regulations for detention centres in order to standardize and ensure their operation and living conditions, access to information, legal assistance and medical care for inmates, as well as access by non-governmental organizations to assist inmates in such centres. The Committee urged the State party to continue its efforts to improve the situation of Roma and their integration into Spanish society, in particular measures to improve the situation of Roma women and girls. The Committee also recommended the State party take the necessary measures to promote tolerance and overcome prejudices and negative stereotypes in order to avoid any form of discrimination against members of the Roma community.

Serbia

After a review of the initial report of Serbia, the Committee noted with interest the new Constitution of 2006 which includes a commendable chapter guaranteeing the protection of the rights of national minorities and contains provisions prohibiting discrimination in line with article 1 of the Convention. The Committee noted with appreciation that the Criminal Code of 2005 contains anti-discrimination provisions. The Committee noted with appreciation the adoption of a number of laws aimed at preventing or combating discrimination including: the Law on National Minorities Councils (2009), the Law on the Prohibition of Discrimination (2009), the Law on Gender Equality (2009), the Law on Social Housing (2009), the Law on Offences (2005, 2008 and 2009), the Law on the Prevention of Violence and Improper Conduct at Sports Events (2007 and 2009), the Law on the Ombudsman (2005 and 2007), the Law on the Prevention of Discrimination against Disabled Persons (2006), and the Law on the Protection of Rights and Freedoms of National Minorities (2002). The Committee noted with interest the efforts made by Serbia in establishing an extensive institutional framework to monitor the protection of human rights, including the Commissioner for the Protection of Equality, the Ministry of Human and Minority Rights, the Ombudsman, the Provincial Ombudsman and the network of local Ombudsmen, the Council for National Minorities, and the Council for Improving the Status of the Roma.

The Committee was concerned that the Roma population, in many cases, lived in segregated settlements and experienced discrimination with respect to adequate housing and was often subject to forced eviction with no provision of alternative housing, legal remedies, or compensation for damage and destruction of personal property. While noting with interest the Law on Social Housing, the Committee expressed concerns about the particular difficulties faced by the Roma when applying for social housing programmes, resulting in a perpetuation of discrimination. The Committee expressed its concern that members of the Roma minority continue to experience segregation with regard to access to education. It was also concerned by the fact that Roma children returnees, upon readmission agreements from Western European countries, faced additional difficulties in entering the Serbian educational system, due to enrolment and placement procedures. The Committee noted with concern the existing structural discrimination in the State party as indicated by the political and historical prejudices toward certain minorities including Bosniaks in Sanjak, Albanians in Southern Serbia, as well as Vlachs and Bunjevac communities. The Committee was concerned that they continued to be subject to exclusion and discrimination with regard to their rights and freedoms as referred to by the Convention, particularly in the areas of employment, education, and representation in the conduct of national public affairs. The Committee noted with concern the very few complaints of racial discrimination taken up by the Ombudsman’s Office as well as the very few court decisions issued on any complaint. The Committee welcomed efforts by Serbia to conduct human rights training among children and youth and civil servants, but it remained concerned that training in human rights and in interethnic harmony and tolerance remained insufficient and that a negative perception and stereotyping of minorities persisted among the general public and judicial and administrative staff.

Among other things, the Committee recommended the Government of Serbia ensure that any resettlements did not involve further forced evictions and that procedural protections which respected due process and human dignity be put in place. It recommended that the State party strengthen the measures aimed at improving the housing conditions of the Roma, and in this regard, recommended that it accelerate the implementation of the National Plan for Housing of Roma adopted in 2009. It also recommended that the State party intensify efforts to avoid residential segregation of minorities and encouraged it to consider developing social housing programmes for the Roma. The Committee strongly urged the State party to address de facto public school segregation, and carry out the necessary measures to facilitate access to quality education including through anti-discrimination training for school staff and awareness-raising for parents, increasing the number of Roma teaching assistants, preventing de facto segregation of Roma pupils, and other measures for the promotion of inclusive education. It also encouraged the State party to develop specialized and appropriate procedures for the reception, assessment and placement of children returnees and to increase the awareness of school teachers of the importance of such procedures. The Committee also recommended that the State party adopt the necessary measures, including legislative, social and cultural, to ensure that engagement among minorities and with the larger public sphere was meaningful, built trust, and fostered social cohesion and integration. The Committee encouraged the State party to strengthen its human rights training and continue programmes that fostered intercultural dialogue, and emphasized tolerance and understanding with respect to the culture and history of different minority groups, especially among judiciary and law enforcement officials, including police and prison administration personnel, and among lawyers and teachers. The Committee further encouraged the State party to continue implementing such programs in public education, in political fora, and in the media, with a view towards fostering greater respect for, and appreciation of, the role of multicultural diversity in the State party.

Yemen

With regard to the combined seventeenth and eighteenth periodic reports of Yemen, the Committee welcomed the breadth of legal instruments, both domestic and international, that Yemen had implemented or ratified relating to the protection of human rights. The Committee welcomed the amendment of legislation in order to address discrimination in the State party, particularly the amendment of the Nationality Act, which now allows Yemeni women married to foreigners to pass on their nationality to their children. The Committee welcomed the establishment of a Commission that was set up pursuant to the Council of Ministers Decree No. 29 of 2004, which was mandated to study national legislation with a view to determining its consistency with international human rights treaties ratified by the State party.

Among its concerns, the Committee noted that Yemen continued to view its country as a homogeneous society despite the existence of numerous national and ethnic groups. The Committee also regretted the lack of disaggregated statistical data on the ethnic and racial composition of the population considering the diversity of ethnic and racial groups in the State party. While noting that Sharia is the source of all law in the State party, the Committee regretted the lack of information on the application of Sharia law and guarantees that it is not applied to foreigners and non-Muslims without their consent. The Committee was concerned at the lack of statistical data in the State party report on the prosecution of cases involving racial discrimination. While noting the challenges presented by the influx of refugees and asylum seekers into Yemen, the Committee regretted the lack of legislation governing asylum applications. The Committee was also concerned at the lack of recognition of refugee certificates that are issued by the Office of the United Nations High Commissioner for Refugees in the State party. The Committee was further concerned with the plight of internally displaced persons (IDPs) in various governorates. While noting Yemen’s efforts to introduce safety net programmes aimed at improving the livelihoods of marginalized groups, the Committee was concerned at the persistent and continued social-economic exclusion of descent-based communities such as the Al-Akhdam, some of whom are understood to be of African descent. The Committee also expressed its concern at the government’s failure to acknowledge that the Al-Akhdam have different ethnic characteristics. While taking note of Yemen’s statement on its efforts to protect the rights of Jews and Bahai’s, the Committee noted with concern that these minority religious groups were often subjected to threats that affect their right to freely practice their religion.

The Committee reiterated its recommendation that the purpose of gathering statistical data was to make it possible for States to identify and obtain a better understanding of the ethnic groups in their territory and the kind of discrimination they are or may be subject to, to find appropriate responses and solutions to the forms of discrimination identified, and to measure progress made. The Committee also recommended that the State party formally recognize the existence of various ethnic groups within its territory and the fact that the State Party was not a homogeneous society. Yemen should ensure that the application of Sharia law was consistent with the obligations it had undertaken under international law and ensure that Sharia law was not applied to foreigners and non-Muslims without their consent. The Committee also recommended that Yemen compile, and include in its next period report, disaggregated statistical data on all prosecutions conducted involving racial discrimination. The Committee recommended that the State party establish a legal framework to govern the application process of asylum. The Committee further recommended that Yemen adopt specific measures aimed at promoting the coordination of the process of issuing refugee certificates with UNHCR in order to ensure that their certificates are recognized and that the rights of refugees and asylum seekers are protected. The Committee further recommended that the State party strengthen its efforts in the provision of humanitarian assistance to internally displaced persons and ensure their immediate return to their communities. The Committee urged Yemen to study the root causes of the marginalization of the Al-Akhdam people. The Committee further recommended that the State party strengthen its efforts to improve the welfare of all marginalized and vulnerable descent-based groups, particularly the Al-Akhdam, in the fields of education, access to health, housing, social security services and property ownership. The Committee, recognizing the “intersectionality” of racial and religious discrimination, recommended that the State party ensure that the rights of religious minorities, particularly Jews and the Baha’is, to freely practice their religion, was protected by guaranteeing their security and freedom of worship at all times.

Armenia

Concerning the consolidated fifth and sixth periodic reports of Armenia, the Committee welcomed the legislative and institutional measures taken by the State party to combat racial discrimination, in particular: the constitutional prohibition of discrimination on the grounds of, among others, race, colour, ethnic origin, and genetic features; the inclusion of the prohibition of racial discrimination in a number of laws regulating various aspects of public life; the provision of the Criminal Code establishing ethnic and racial motives as circumstances aggravating liability and punishment; the establishment of various instruments with capacity for dialogue and consultation with national minorities, such as the Coordinating Council for National and Cultural Organizations of National Minorities and the creation of the Department of National Minorities and Religious Affairs; and the inclusion of human rights, issues concerning discrimination and intolerance as well as matters relating to national and racial minorities in the continuing and formal education programmes for the police. The Committee also welcomed the creation in 2004 of the institution of the Human Rights Defender which was fully compliant with the Paris Principles and had a mandate to consider complaints concerning violations of rights contained in the Convention.

The Committee’s concerns regarding Armenia mostly centred on the fact that many provisions of the Convention were not self-executing and the legislation of the State party did not currently give full effect to all articles of the Convention. The Committee particularly drew the attention of the State party to the absence of a legal prohibition of organisations involved in activities that promoted and incited racial discrimination and further regretted that it had not been given information on legal provisions relating to racial segregation. The Committee noted the relatively homogenous make up of the population of the State party, but regretted the absence of reliable data on the actual composition of its population. The Committee regretted that, while the political situation within the South Caucasus region had brought a substantial number of refugees to the State party and had displaced a sizable number of persons internally, little information on the situation of these groups had been provided in the State party’s report and during the dialogue. While noting with interest the various mechanisms in place to support the dialogue with minorities, the Committee remained concerned that these mechanisms were of a consultative nature and could not substitute for the participation of minorities in public life. The Committee noted with concern the existence in the State party of a political organisation which had called for the expulsion of some ethnic groups from the territory of Armenia. The Committee deplored that effective enjoyment of the right to education was not guaranteed for all children from national minorities and other vulnerable groups, and that very few of them achieved higher education. The Committee noted with concern that while Armenia was aware of conservative customs determining relationships between men and women and adults and children within the Yezidi and Kurdish communities which impeded the equal enjoyment and exercise of rights, its programmes and activities in favour of national minorities had failed to address these issues.

The Committee urged the State party to continue to bring its legislation into line with the Convention and asked the State party to include in its next report the relevant extracts of the laws covering the activities proscribed in articles 3 and 4 of the Convention, as well as information on any judicial decision relating thereto. Moreover, the Committee encouraged the State party to strengthen efforts to ensure the effective implementation of the laws adopted in recent years to combat racial discrimination and to monitor that they achieved the objectives for which they had been adopted. The Committee called on the State party to raise awareness of what was understood as racial discrimination among the population in general and minorities in particular; inform the public, and particularly vulnerable groups such as minorities, non-nationals, refugees and asylum-seekers, of legislation on racial discrimination and of avenues of redress available; and consider reviewing the rules of proof in Armenia’s legislation by reversing or sharing its burden where complaints of racial discrimination were pursued under civil law, in view of the difficulty in substantiating claims of racial discrimination. The Committee requested that the State party provide in its next periodic report updated information on complaints about acts of racial discrimination and on relevant decisions in penal, civil or administrative court proceedings. The Committee requested the State party, on the basis of the census to be held in 2011 and with respect of the principle of self-identification, to include in its next periodic report up-to-date data on the composition of its population, including the Assyrians, the Azeris, the Romas and other small ethnic groups. The Committee called on the State party to remain vigilant of any racial incidents and to pursue its policy of combating any manifestation of discrimination against individuals and groups. The Committee also invited Armenia to carry out preventive action including by conducting a study on its population’s attitude towards foreigners and through education of the general public in a spirit of tolerance, understanding and respect for diversity. In this regard, the Committee encouraged the State party to pay particular attention to the role of the media in human rights education.

Republic of Moldova

Among positive aspects in the combined eighth and ninth periodic reports of the Republic of Moldova, the Committee welcomed the following legislative and other measures: the Act on Asylum; the Law on Foreigners; the 2008 to 2012 National Programme for the development of an integrated social-services system on the situation of marginalized groups; and the 2008 to 2010 Plan of Action for the implementation of the Committee’s conclusions and recommendations. The Committee welcomed the information provided by the delegation about the State party’s plan to make the optional declaration provided for in article 14 of the Convention that recognized the competence of the Committee to receive and consider individual complaints and encouraged the State party to do so without delay. The Committee was pleased to note that the Republic of Moldova had ratified the Convention on the Rights of Persons with Disabilities in September 2010 and of the Rome Statute of the International Criminal Court in October 2010. The Committee also welcomed the ratification by the State party of human rights instruments of the Commonwealth of Independent States and of the Council of Europe, which had direct relevance to the application of the Convention. The Committee also showed appreciation for the State party’s submissions on follow-up measures taken with regard to the Committee’s previous concluding observations.

While noting with interest the information provided about the next census scheduled in 2013, the Committee was concerned that the current data collection methodology did not give full effect to the right to self-identification. The Committee further regretted that, for official purposes, including in the official registries, there was no possibility for the Roma to self-identify as “Roma”, with only the term “Tsigan” (Gypsy) used. The Committee was equally concerned about the lack of effective implementation of the existing anti-discrimination provisions; the small number of complaints of acts of racial discrimination lodged with courts and other relevant authorities; and the ineffective follow-up to those complaints by the authorities. The Committee furthermore expressed deep concern that non-citizens were subjected to mandatory HIV/AIDS testing and that residence in the Republic of Moldova was banned in the case of a positive HIV test. Taking into account the intersectionality between ethnicity and religion, the Committee was concerned about the reported cases of discrimination and intimidation against religious minority groups and non-citizens; restrictions on the right of freedom of religion as a result of the persistent registration difficulties faced by some religious groups, in particular Muslim groups, and the possible misapplication of technical requirements for registration; administrative sanctions applied to individuals belonging to unregistered religious organisations; administrative sanctions applied to non-citizens carrying out religious activities in public places for not providing advance notification to municipalities, under the Contravention Code; identity checks for Muslims outside places of worship and reported cases of harassment of Muslims by the police; and the inadequate responses by the authorities to recent anti-Semitic events, anti-Semitic hate speech and vandalism of religious sites.

Among its recommendations, the Committee urged the Republic of Moldova to adopt as a matter of priority the Law on Preventing and Combating Discrimination and bring its provisions into conformity with relevant international standards, including the Convention. The Committee recommended that the State party ensure the proper implementation of the existing anti-discrimination provisions and the effective investigation and persecution of racially motivated offences; actively assist victims of racial discrimination seeking remedies and inform the public about legal remedies in the field of racial discrimination; assess reasons for the very low number of complaints relating to racial discrimination, including whether it could be due to victims’ lack of confidence in the police and the judiciary, or the authorities’ lack of attention or sensitivity to cases of racial discrimination; and provide in the next report updated information on complaints about acts of racial discrimination and on relevant decisions in penal, civil or administrative court proceedings and by State human rights institutions, including on any reparations provided to victims of such acts. The Committee encouraged the State party to introduce mandatory training for the police, prosecutors and judges on the application of anti-discrimination legislation and the Convention. The Committee urged the Republic of Moldova to consider, in consultation with civil society, the option of establishing an independent national human rights institution fully compliant with the Paris Principles. The Committee recommended that the State party ensure that special measures and programmes in favour of Roma, such as the new Action Plan for 2011 to 2014, were designed and implemented on the basis of need and that sufficient resources were allocated and implementation monitored. The Committee emphasized the particular role of the education system and the media, and above all the State media, in ending stereotypes and promoting respect for diversity.

Lithuania
Following its examination of the combined fourth and fifth periodic reports of Lithuania, the Committee welcomed the enactment of the Law on Equal Treatment in 2005 which prohibited direct or indirect discrimination on the grounds of age, sexual orientation, disability, race and ethnic origin. The Committee also welcomed the amendment of legislation aimed at addressing discrimination such as: the amendment of the Criminal Code (July 2009) expressly considering racial motivation or aim behind a crime as an aggravating circumstance and the amendment of the Law on Equal Treatment (June 2008) providing victims of racial discrimination with more procedural guarantees by shifting the burden of proof in some discrimination cases over to the defendant. The Committee commended the statistical disaggregated data on the composition of the population provided by nationality, citizenship, religion and minority groups. The Committee expressed appreciation concerning the Draft Law on National Minorities which gave a right to minorities living in residential areas to address local authorities and organisations in their language.

While commending the work of advisory bodies dealing with human rights, in particular the Equal Opportunities Ombudsman, the Committee expressed its concerns about budget cuts imposed on these bodies. Despite legislative and institutional efforts made to combat racial prejudice and xenophobic stereotyping in sports, media and the internet, the Committee deplored that racist and xenophobic incidents continued to occur. The Committee regretted that the State party had not provided adequate information on racial segregation and referred to it only as a crime against humanity ignoring other aspects of its legislation. The Committee expressed its concern that the Roma continued to be marginalized and lived in precarious conditions in terms of adequate housing, access to adequate health facilities, employment and that some of them did not have identity documents and were considered stateless although born in the country. It further regretted the absence of statistics on the number of Roma children completing secondary education and the placement of Roma children in special-needs schools. The Committee noted with concern that due to the financial crisis, the State party’s programmes aimed at addressing racial discrimination, mainly discrimination against Roma, had suffered from disproportionate budget cuts. The Committee deplored the absence of comprehensive information on the situation of women belonging to minority groups who generally encountered multiple forms of discrimination. The Committee expressed its deep concern that victims of trafficking, particularly non-citizens, were hesitant to complain due to a lack of confidence in law enforcement institutions.

The Committee urged Lithuania to establish an independent national human rights institution, in accordance with the Paris Principles for the promotion and protection of human rights. The Committee recommended that the State party ensure that racist and xenophobic incidents and discriminatory behaviour were effectively prosecuted; that perpetrators were punished; and that effective remedies were made available to victims. The Committee encouraged the State party to take measures in order to ensure the representation of persons belonging to minority groups in the police and the judiciary. The Committee urged the State party to allocate sufficient resources for programmes targeting the Roma community, for example, to solve the problems of their statelessness and to involve Roma representatives and civil society organizations in the implementation of these programmes. The Committee requested the State party increase its efforts to ensure that Roma children were integrated into mainstream schools and to resolutely address the problem of Roma children dropping out of school. The Committee further encouraged the State party to participate in collective European initiatives for Roma and to allocate sufficient resources to existing programmes on Roma. The Committee urged Lithuania to allocate sufficient resources in order to continue with its efforts to combat human trafficking in general and particularly for the purpose of sexual exploitation. The Committee invited the State party to increase activities on human rights awareness and education with particular emphasis on non-discrimination, a culture of communication and respect for diversity. The Committee further encouraged the State party to particularly target the training of teachers and law enforcement officials on issues of human rights and racial discrimination.

Rwanda
Among positive aspects of the thirteenth through seventeenth periodic reports of Rwanda, the Committee noted with satisfaction the fact that the Constitution, adopted in 2003, contained provisions for the prevention of racial discrimination. The Committee welcomed the adoption of several laws aimed at combating discrimination notably: Law No. 33/2003 punishing the genocide, war crimes and crimes against humanity; Law No. 13/2009 prohibiting discrimination in employment based on race, colour, sex, or political opinion; Law No. 20/2003, which bans discrimination in education; Law No. 18/2002 regulating the Press, which punishes incitement to commit crimes of a discriminatory nature; and Law No. 09/2004 on the Code of judiciary ethics, which requires judges to dispense justice without any sort of discrimination, especially regarding race, colour, ethnic origin, clan, sex, opinion, religion or social condition. The Committee noted with satisfaction that the State party had established different mechanisms and institutions to fight discrimination such as the National Human Rights Commission, the Mediator, the National Commission for Unity and reconciliation and the National Commission for the Fight against Genocide. The Committee also welcomed the establishment of the customary courts (Gacaca) and the reconciliation conferences (bakangurambaga) to foster unity, reconciliation, tolerance and social cohesion.

While noting the State party’s efforts to promote unity and reconciliation, the Committee was concerned that the unity and reconciliation effort might not consider the specificities of certain groups, such as the Batwa. The Committee regretted the State party’s decision not to recognize the Batwa community as an indigenous people and was concerned by information at its disposal which indicated the Batwa remained the subjects of persistently negative stereotypes. The Committee remained concerned about the lack of impact of measures undertaken in favour of the Batwa given that they continued to be victims of poverty and discrimination with regards to access to education, adequate housing, social services and employment. The Committee was also concerned about reports that land had not been distributed to the Batwa after they had been dispossessed of their land without prior consultation in addition to the fact that the Batwa had not benefited from the land distribution plan established by the government. The Committee was also concerned by information that indicated that the Batwa were not treated equally in court and did not have access to justice in order to defend their cause. The Committee deplored the absence of information about complaints, prosecution, sanctions and reparation of cases of racial discrimination apart from those linked to the 1994 genocide. While noting the State party’s explanation that the terms Batwa, Bahutu and Batutsi did not refer to ethnic groups, but rather to social classes and that the Rwandan population belonged to a single ethnic group sharing the same language and culture, the Committee noted with concern the absence of statistical data about the composition of the State party’s population as well as the absence of statistical and socio-economic data about foreigners resident in Rwanda. The Committee noted that Article 11 of the Constitution of Rwanda prohibits racial discrimination, and expressed its concern that this disposition did not fully comply with Article 1 of the Convention given the absence of elements of descent and national origin. The Committee was concerned about Rwanda’s decision to close the gacaca and deplored the fact that such an eventuality could not guarantee a fair hearing.

The Committee urged the State Party to take into account the specificities of each group of its population in its efforts to reconcile, unite and reconstruct national cohesion, especially in the implementation of different mechanisms, plans, and programmes such as the Rwanda Vision 2020 in order to enhance respect for all aspects of human rights. The Committee recommended that the State party provide complete data about the number and socioeconomic facts about foreigners living within its territory disaggregated by sex, and national origin in accordance with its general recommendation number 30 concerning discrimination against foreigners. The Committee encouraged the State party to clarify the notion of “historically marginalized groups” which it referred to in its report in order to enable, among others, the Batwa community to fully enjoy their rights according to the provisions of the Convention. The Committee recommended that the State party envisage revising Law No. 18/2008 on the repression of the genocide ideology in order to provide full guarantee in relation to susceptibility and judicial security needed for penal law as well as avoid arbitrary interpretation and application. The Committee recommended that the State party intensify its efforts to combat inequalities, marginalization and abject poverty of the Batwa. The Committee recommended that Rwanda engage additional measures in order to ensure that civic education, teaching, promotion and awareness-raising about human rights including the Convention covered every strata of the population, particularly the “historically marginalized groups” who did not always have access to the media. The Committee encouraged the State party to increase its efforts so that those in charge of applying the law received proper training on human rights and especially on the provisions of the Convention.

Decisions on Libya and Côte d’Ivoire under Early Warning and Urgent Action Procedure

In a decision on Libya under its early warning and urgent action procedure, the Committee expressed its alarm at the violent clashes taking place in Libya and their impact on the situation of foreign citizens and other minority groups living in the country. The UN group of independent experts drew attention to the excessive use of force against the civilian population in Libya and acts of violence against foreigners, as well as the reported exodus of populations from neighbouring countries. The Committee appealed directly to the UN Secretary-General, in collaboration with competent bodies, in particular, the United Nations High Commissioner for Refugees, the United Nations High Commissioner for Human Rights and regional organizations to seek urgent measures to protect non-citizens, migrant populations, migrant workers, refugees and other minority groups in Libya.

The Committee also urged Côte d’Ivoire to immediately halt inter-ethnic violence and clashes. It also called for immediate action to investigate and punish the perpetrators of ethnic violence and provide redress to the victims in line with international human rights standards. The Committee underscored its concern about reports of the seriously declining human rights and humanitarian situation in Cote d’Ivoire, including ethnic tensions, incitement to ethnic violence, xenophobia, and religious and ethnic discrimination and it further deplored that the political stalemate that followed the proclamation of presidential election results continued to be marked by a number of serious and escalating human rights and humanitarian violations across the country. These violations included, according to the Committee, ethnic clashes that had resulted in deaths, numerous injured people, destruction of property, and the displacement of populations inside and outside the country. The Committee recalled that Côte d’Ivoire had ratified the International Convention on the Elimination of All Forms of Racial Discrimination, and was under the obligation to prevent and protect persons against acts of hatred, incitement to racial and ethnic violence or any form of violence based on ethnicity. The United Nations experts said the humanitarian situation was worsening with a large number of refugees fleeing Côte d’Ivoire to neighbouring countries, including to Liberia. The Committee also called upon the UN Secretary General to continue drawing the attention of the Security Council to the situation in Côte d’Ivoire which could evolve into a threat to international peace and security, along with extended violations of human rights and fundamental freedoms.

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For use of the information media; not an official record

Committee on the Elimination of Racial Discrimination concludes seventy-eighth session

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