Commission on Human Rights 57th Session: Agenda item 18: Effective functioning of human rights mechanisms

19 April 2001

Joint statement by:

The International Movement Against All Forms of Discrimination and Racism (IMADR), International Save the Children Alliance (SC-Alliance), Minority Rights Group International (MRG) & Women's International League for Peace and Freedom (WILPF)

Thank you, Mr Chairperson.

I speak on behalf of the International Movement Against All Forms of Discrimination and Racism, the International Save the Children Alliance, Minority Rights Group International and Women's International League for Peace and Freedom.

Last year the Commission took the decision to defer the consideration of the questions relating to treaty bodies to its fifty-eighth session in 2002. (1) The process leading to the World Conference Against Racism, however, has focused attention on the important role, which is, or can be played by the Committee on the Elimination of Racial Discrimination (CERD) in combating racial discrimination. We consider this to be an appropriate time, therefore, to submit our suggestions for strengthening CERD and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). It is our hope that these proposals will also be taken into account in the on-going review of the overall treaty-monitoring mechanisms.

Mr Chairperson,

Central to the strengthening of ICERD is the ability to secure universal ratification, and crucially, a declaration under Article 14 by States Parties who have not already done so, that they recognize the competence of the Committee to consider communications by individuals or groups of individuals who feel their rights under the Convention have been violated. Furthermore, any effective and comprehensive strengthening of ICERD would require States Parties to review existing reservations in good faith with a view to their immediate and unconditional withdrawal.

Equally important, but often disregarded, is the need to enhance the participation of NGOs in the work of CERD. In this regard, we welcome the recent launching by the Office of the High Commissioner for Human Rights of the Plan of Action for the years 2000-4 on strengthening three treaty bodies, including CERD. (2)

This Plan of Action emphasizes among other elements, the importance of information presented from national non-governmental perspectives. (3) The Commission itself has recognized, for example in its Resolution 2000/75, 'the important role played by NGOs (...) in the effective implementation of all human rights instruments’, and further encouraged ‘the exchange of information between the human rights treaty bodies and such organisations.’ (4) Moreover, many members of CERD have repeatedly voiced their appreciation of the contribution made by NGOs in the execution of their tasks.

Indeed, we sincerely regret the fact that, in comparison to other treaty bodies, CERD lacks methods required for the full involvement of NGOs in its work. It was therefore a most welcome development that CERD held its first thematic discussion on Roma last August, following an ‘informal’ and extensive consultation with NGOs including Roma representatives, and issued a General Recommendation on discrimination against Roma as a concrete outcome of this inaugural meeting.

With the success of its first thematic discussion, it is recommended that CERD regularize its thematic discussions including institutionalizing the active participation of NGOs with a view, inter alia, to producing General Recommendations.

Moreover, in order to strengthen the important partnerships with NGOs in general, and to maximize the assistance NGOs provide to CERD, the Committee is called upon to establish an official procedure for NGOs to supply information relevant to States Parties' reports, including first hand accounts and data, and to provide advice on General Recommendations, for example, by inviting their participation in formal and/or informal exchanges.

As a contribution, IMADR and MRG have recently produced an NGO manual, entitled The International Convention on the Elimination of All Forms of Racial Discrimination: A Guide for NGOs. As well as providing the necessary background for an understanding of ICERD, this manual gives step-by-step guidance on activities NGOs may wish to undertake, singly or in collaboration, in order to effectively contribute to the work of CERD. The manual defines terms and procedures and demonstrates, for example, how to submit information, who to contact, how and when.

The manual has been very well-received and in order that as many individuals and groups as possible who are confronted by racial discrimination around the globe may avail themselves of this manual, IMADR and MRG are facilitating translation in various official and minority languages.

We also welcome the important contribution by Save the Children, which has recently published a complementary guide on how to report on ethnic discrimination against children.

We look forward to further constructive engagement on this important issue.

Thank you, Mr Chairperson.

Notes

1. Commission on Human Rights Resolution 2000/75.

2. UN doc. HRI/MC/2004/4 of 5 May 2000.

3. Cf. Section D, entitled, ‘Electronic information management’ at para. 43.

4. P..18.