UN Committee on the Elimination of Racial Discrimination publishes findings on Albania, Mexico, Qatar, Moldova and San Marino

GENEVA (29 April 2024) - The UN Committee on the Elimination of Racial Discrimination (CERD) today issued its findings on Albania, Mexico, Qatar, the Republic of Moldova and San Marino after reviewing the five States parties in its latest session.

The findings contain the Committee’s main concerns and recommendations on the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, as well as positive aspects. Key highlights include:

Albania
Concerning the widespread structural discrimination against Roma and Egyptians, the Committee highlighted some of their persistent challenges, including difficulty in obtaining identity documents and birth registration for Roma and Egyptian children, as well as for migrant, asylum seeker and refugee children, and accessing public service among Roma and Egyptians due to limited digital skills. The Committee urged the State party to ensure access to birth registration and identity documents to Roma and Egyptians, other minority groups, as well as to migrants, refugees and asylum seekers, in order to prevent statelessness. It also recommended that Albania provide Roma and Egyptians with increased access to the Internet.

Despite existing measures to promote the enrolment of Roma and Egyptian children in pre-school and compulsory education, the Committee remained concerned about reports on de facto segregation and discrimination of Roma and Egyptian children in some schools. It recommended that Albania address the root causes of discrimination and de facto segregation of Roma and Egyptian children in the education system and ensure that all children enjoy equal opportunities in access to quality education.

Mexico
While acknowledging Mexico’s efforts in recognising the rights of people of African descent, particularly through the Constitutional reform of 2019, the Committee regretted that indigenous peoples and people of African descent continue to face discrimination and social exclusion. It asked Mexico to undertake concrete action to significantly reduce the high levels of poverty and inequality affecting indigenous peoples and adopt special measures to eliminate structural discrimination against indigenous peoples and people of African descent, and to protect them from any discrimination acts by state agencies and public officials.

The Committee was deeply concerned about migration checkpoints within Mexican territory operated by National Institute of Migration agents and National Guard members and that, in most cases, victims allegedly subjected to racial profiling are people of African descent, indigenous peoples, or brown and black-skinned people. The Committee also expressed concerns that these migration controls have led to torture, excessive use of force and illegal deportations. It urged Mexico to promptly and effectively investigate all cases of racial profiling, racist abuse, ill-treatment and excessive use of force by law enforcement officials at migration checkpoints and to ensure that all perpetrators are duly prosecuted, and that victims are fully compensated.

Qatar
While noting Qatar’s different national development strategies, the Committee was concerned with the reported structural discrimination and inequalities faced by non-nationals, particularly those from South Asia and sub-Saharan Africa. It asked Qatar to prioritise adequate measures to combat structural discrimination and inequalities against non-nationals. It also recommended that Qatar combat racial profiling and address the disparate impact of housing regulations, mandatory HIV testing and educational fees on non-nationals, especially low-income migrant workers.

While welcoming Qatar’s reforms to enhance the protection of migrant workers, including domestic workers, the Committee was concerned that certain legal provisions and social attitudes allow the kafala (sponsorship) system to persist in practice and that migrant domestic workers, predominantly women, continue to face abusive working conditions and intersecting forms of discrimination, including physical, verbal or sexual violence by employers or their families. It urged Qatar to ensure that all measures protecting migrant workers are fully enforced, including the prohibition of confiscating identity documents and passports by employers and the abolition of the requirement of an employer’s exit permit to leave the country in all cases.

Republic of Moldova
The Committee was concerned about reports on the spread of racial discrimination, racist hate speech and hate crimes, and of the dissemination of negative stereotypes against ethnic minority group members, particularly the Roma. It recommended that Moldova strengthen its efforts, including effective implementation of its legislative framework, to combat racial discrimination, racist hate speech and hate crimes targeting members of ethnic minority groups, including the Roma.

The Committee expressed concerns about Roma children’s low attendance rates and high dropout rates at all levels of schooling, particularly girls, and that only one Roma teacher has been recruited for public schools in the country. It asked Moldova to step up its efforts to ensure Roma children's access to quality and inclusive education, to increase school enrolment rates, and to decrease school dropout rates. These efforts include awareness-raising campaigns on the importance of education for Roma children and young people and their families, as well as recruiting more Roma teachers.

San Marino
Regarding the situation of “badanti”, who are predominantly women from Ukraine, Albania, and the Philippines working as private and domestic family carers, and taking into account the intersecting discrimination they encounter based on race and gender, as well as their vulnerability due to the risks associated with their work, the Committee expressed concerns over trafficking and exploitation. The Committee asked San Marino to establish procedures for the early identification of victims of trafficking and other forms of exploitation, and for ensuring their referral to appropriate services for assistance and rehabilitation.

The Committee expressed concern about the lack of legal provisions guaranteeing the principle of non-refoulement and the rights of refugees and asylum-seekers, as well as the lack of information on safeguards ensuring that permits issued on humanitarian grounds do not discriminate on race, colour and ethnicity. It recommended that San Marino ratify the 1951 Refugee Convention and its Protocol as well as the UN Conventions on Statelessness, ensuring the principle of non-refoulement and guaranteeing that all individuals within the territory of the State party can seek international protection, undergo individual assessment, and access information and legal assistance.

The above findings, officially named Concluding Observations, are now available online on the session page.

Background
The Committee on the Elimination of Racial Discrimination monitors States parties’ adherence to the Convention on the Elimination of All Forms of Racial Discrimination, which, to date has 182 States parties. The Committee is made up of 18 members who are independent human rights experts drawn from around the world, who serve in their personal capacity and not as representatives of States parties.