Eesti 10. ja 11. perioodiline aruanne ÜRO rassilise diskrimineerimise kõigi vormide likvideerimise komiteele

Vaļįsmįnisteerium

Justiitsministęerium Haridus- j a Teadusministeerium Kaitseministeerium Kuļtuuriministeerium Sisęministeerium Sotsiaalministeerium

Lisad: 1. Komiteę 9. märtsi 20l2kin 2lk 1 eks 2. Aruandluse juhised 13. juunist 2008 15

Nele Hollo (63'7 7415; [email protected])

Meie 24.04.20t2 nr ?, 5 -/ I 3&32)

Eesti 10. ja 11. perioodiline aruanne Üno rassilise diskrimineerimise kõigi vormide likvideerimise komiteele

Rahvusvaheline konventsioon rassilise diskrimineerimise kõigi vormide likvideerimise kohta jõustus Eesti suhtes 20. novembril 1991, oma 77. istunģärgul 19. - 20. augustil 2010 arutas

ÜRo rassilise diskrimineerimise kõigi vormide likvideerimise komitee (komitee) Eesti 8. ja 9.

perioodilist aruannet ning võttis 26. augustil 2010 vastu lõppjäreldused. Aruanded ja lõppjäreldused on kättesaadavad Välisministeęriumi kodu1eheļ (http ://www.vm.eel?q:node/ 1 0 1 28).

Eesti peab esitama 10. ja 11. perioodilise aruande novembris 2OI2, Ühtlasi peab Eesti oma aruandes vastama komitee 9. märtsi 2012 kiįas edastatud lisaküsimustele lõppjärelduste punktides 11, 13 ja 17 sisalduvate soovituste rakendamise kohta.

Eeltoodust tulenevalt palub Välisministeerium teil vastavalt oma ministeeriumi haldusalale anda

aruande koostamiseks sisend koos vastustega ülalnimetatud soovitustę rakendamisest hiŲemalt 15. juuniks 20t2, et Välisministeerium saaks tagada ingliskeelse koondvastuse tähtaegse edastamise komitęele.

Lugupidamisega

Alar Streimann Kantsler

sAÄtsUFį-UD Siseministeeriumisse

6, ür' ?012

4hņ"( - /"'t""""""""""'

Ą r-

f) Nr...4..1

lk 1 eks

Islandi väljak r L5049 Tallinn Registrikood70002526

TeI 6377 0O0 Faks 6377 098

e-kiri: [email protected]

f NAĪ|ONS UNlEs

DRolTs DE T,HOMMĒ HÄU1.c0ļįlT||s5^Rļ,1Ī

UNITED NATIONS HUMAN RIGHTS 0f Iļ(r 0F ĪįtE lļloį| c0|tļ{|ss|0l| EĪrb

REPERENCE:GII/SP

FļAUT.COMMISSARĪAT AtIx DRotTs DE L'HOMME . oFFļcE oĪ TĮlE HĮGH coMMIssJoNE,R ĪoR HIIMAN RlGHTs PAI,AIS DEs NATIoNS . ļ2l,l GBNEVA i0, SWITZERLAND

ww.ohchr.olg.TEL: +4ļ 229t?9000.FAX; +4|229|?9008.B.MAĪL: registry@ohohr,oņ

9 March2Dl2Excellency,

I wish to inform you that thę Committee on the Elimination of A]1 Forņs ofRacial Discrimination, in the course of its 80th ,",,i,,, .onsidered the follow-up 1ep01įsubmįtted by the Government of the Reprrblic of EstoĮf pursuant to Rule 65(1) of theRuJes of Procedure of the Committee.

The Conrmittee welcomes the timely srrbmission of the repoĄ il response to i1srequest to receive infonnation within one year on the implementat'on of therecommendations^:,,ņ1ļ.j i. paragraplrs tt, tz and, 17 of the Concludi.ngobservations (CERD/CEST/CO /8:D, oait.a following the consįcleration of the Stateparty,s eighth to įinth periodic ,.po,t, in šeptemb", zoīo. The Committee appreciatesthe opporfunity provided to coņtiriue its diatųrre with the S tate parŅ,and. worrld liļce todraw the State party's atįęntion to the obserūations mentionec1 below. The Committeerequests fhat cornments and fespollses on actions talcen by the state Ėįrty on theseissues bę included in its teņth anā eieventh petiodic ,āįūt'io be srrbrrriį.J i, a singledocument by 2A November 2012,

Paragraph 11 of the concluding observations. The Cornmittee welcomes theState parŅ,s i:rtention to amend Section 1.5i of the īeįat Code by mrū<ing rucia11ymotivated hate speoch an^o-ffbnce punishable by Tiltūįo., no. depencl on appraisi:rgt}re consequences that follow sirch speech, It acknowTeclges thät ilre State paŅenvisages prohibiting. racist. organizations whose actiūties are directed. at thecornmis5įgņ of criminal offencįs. Īy'elcoming tļ:e information that Estonia isconsidering ratl-f ing the Additional Protocot to the convention on cybercrime, fleCommiftęę wishes to remind thę.State "Pfy

of the i-po,iuno. of crirninalizing acts ofracist and xenophobic nature committed thrõrrglr "".p.iā;ystems.

His Excellency Mr. Jüri Seilenthal Ambassaclor Extraordinary and plenipotenliary P ernrfņent Representative Penrranent Mission of įįe Repubiic of Estonia to the T]nitecį Nations officę ānd other intemation alorgauzatton in Goneva Chemin cįrr Petit-Sacomex 28a i209 Geneva Fax: +4122 9ļ9 19 81

DRļļĄĪĻoET,sH8ilff @ ($Ņ} ilŲiffij;Hf#:

The Comrrrittee invites the State parŅ to share any updäted information on

concrete steps it has talcen aimed at amencling its Penat Codę in accordance with article

4 of the Convention, bearing in mind its General recomrnendrtion No. 15 (i993) on the

sa.me articļę.

Parngraph 13 of the concluding observations. The eommittee takes note of the infomati.cn provided tlrat sufficięnt attention has been devotecį both the promotion

of the Estonian language ancl to the preservation of ethno.cultura] icTentįties of rninorities in thę Estonian Language l)evelopment Plan, anclthe lnteņation Stategy. It

weļcomes the fact that foreiņ langrrųes may be rrsed additionaTly to the Estonian

language in public administration and commru:ication, throughout the territory of Estonia, irreņective of tlre ethnic composition of the popūation Th9 Committee

welcomes thJ emy into force of the new Language Act in Juiy 201't n which the

possibilities of the waiver from taking the E.stonian lanņage proficiency examination

have been widened.

Paragraph ti of the concluding observations. \Mhile welcoming the

infomratio, įouia.a, thę Committee reiterates its recomrnendations reļated to the neecl

for the State parŅ to assess the overall situation of the Roma community ancl to adopt a

conprehęnsive strategy to tackie cliscrimirration and other problems faced by this

comĮįunity

Regarcįing the education of Roma children, the Comrnitįee requests the State

patty to providā it wittļ additionaļ information regarding the impiementation of iecommęndations based on the shrdy commissioned by tlre Ministry of Education and

Science on the edtrcation of Rorna childręn. The Committee encoutages the State party

to provide additional inforrrratįon on the decision.rnaT<ing procedrue relaiing to the

plaõernent of Roma chiidren in special.needs schools and on measures talęęn to avoid

th" consequenoe that such placement coulcl be based on ethniciŲ and raciaI

discrimi:ration.

Rest assrrred, Excellency, that,the Committee looļs forward to continuing its

corstructive dialogue withthe Government of the Republic of Estonif with a viewto provicling it Īvith assįstancę in its e.fforts to enstue tlre effective implementation of the

Conveņtion.

Alexęi Avtonomov Chaiņerson of the Committee

on tlre Elimination of Racįal Discrimir,zrtion

UNITED NATIONS CERD

International Gonvention on the Elimination of all Forms of Racial Discrimination

Disfr. GENERAL

CERD/C/2007/1 13 June 2008

COMMĪTTEE oN TIm ELIMINATION oF RACIAL DISCRIMINATĪON

GUIDELINES F.oR TIm CERD-SPECIFIC DOCUĄņNT To BE SUBMITTED BY STATES PARTMS UNDER ARTICLE 9, PARAGRAPH 1., oF THE COI\I\ņNTION -

Adopted by the Committee at its sevenŅ-first session (30 July-l7 August 2OO7) taking into consideration the ņidelines on a coĪnmon core document and treaty specifrc

documents, as contfined in the harrnonized guidelines on reporting under the intemational human rights treaties (HRI|MCI20O6/3 andCorr.t f

A. Introduction

l . In accordance with article 9 , paraņaph 1 , of the International Convention on the Elimination of Al1Forms of Racial Discrimination (the Convention) , eachState parŅ has undertaken to submiĪ to the Secretary-Generalof the United Nations, for consideration by the Committee on the Elimination of Racial Discrimination (the Committee), a report on the legislative, judicial, administrative or other measures which it has adopted and which give effect to the provisions of the Convention: (a) within one year after the entry into force of the Convention for the State concerned, and (b) thereafter every two years and whenever the Cornmittee so requests. Article 9,paragraph 1, also providĮs that the Committee may request further information from the StateJparties.

2' The puņose of the reporting guidelines is to advise States parties on the form and content of their reports, so as to ensule that reports are comprehensive and presented in a uniform manneĪ. Compliance with the reporting guidelines will also reduce the need for the Committee to request further information under articie 9 and under rule 65 of its rules of procedure.

3 ' States should consider the reportrng process, including the process of preparation of their reports, not only as a means to ensure compiiance with their international obligations, but aļso as an opporruniŅ to fully comprehend the state of human rights protection within 6ęķ jurisdiction ļor the puņose of more efĮicient policy planning and rmįemįntation of the Convention. Furthenrrore, States parties should encoĮļrage and facilitate the involvem,ent of non-governmentaļ organtzations in the preparation of reports. Such constructive engagement on the part of non-

GF.O8-42649

CERDICIZOOTIT page2

governmental organizations witl enhance the quality of reports as well as promote the enjoyment

by all of the rights protected by the Convention.

4. The Committee has decided to replace its previous reporting ņidelines (CERD/C/70/Rev.5) with the present document in order to take into consideration the guideiines

on a coĪĪrmon core document ānd treaty specific documents, as contailed in the harmonized

ņidelines on reporting under the internaūonalhuman rights treaties (HRI,MC1200613 and

õon.1), as weilįs to āke into account the evolving practice and inteņretation of the Convention

by the Committee, as reflected in its general recornmendations, opinions under article 14 of the

Convention, decisions and concluding observations'

B. The revised reporting system and organization of information to be included in the

common core document and the cERD-specific document

5. State reports under the treaŅ body reporting system consist of t'wo parts: a cofirmon core

document and treaty.specific documenķ. 1'ķę ggmmon core document should include generaļ

information about the reporting State, the general framework for the protection and promotion of

human rights, as well u,!",'"ā information on non-discrimination and equality and effective

remedies in accordanc. ūiti' the harmonized guideiines (HRI/MC 1200613 and Corr.1).

6. The CERD-specific document to be submitted under article 9 of the Convention should

not repeat information inciuded in the common core document. It shouid contain specific

information relating to the implementation of articļes i to 7 of the Convention, taking into

account the generairecommendations of the Committee. The report should reflect in all its parts

the actual situation as regards the practical implementation of the Convention and progress

achieved,' It should also āontain . āxcept for the initial CERD-specific document. a response to

the concenrs expressed by the Commiįee in its concluding observations and decisions, as well as

information 9ņ ī-Flementation of its 1ęggmmendations therein, taking into consideration the

guidelines for fo[õw-up on conciuding observations and recommendations.

7 . Furthermore, the report should provide information on machinery deveioped at the

national level to ensure foliow-up to the concluling observations of the Committee, including

information on the involvement õt.luit socieŅ in this process (if not aheady inciuded in the

commoĪI core document, as requested under paragtaph46 of the harmonized ņrdelines).

g. part 3 of the common core document should contain information on non-discrimination

and equality and effective remedies, which are matters of particular interest for the Committee'

Whereas information inciuded in the commoį core document is of a general nature, information

included in the cERD-specific document must be more detailed, taking into account the

definition of racial discrimination provided in articie i of the Convention. The guidelines set out

in section C below provide further details.

g. In accordance with paragraph 27 of theharmonized ņidelines, the Committee may

request that the common "o,.

oõ",*ent be updated if it considers that the information it contains

is out of date.

CĖRD/C/2007/1 page 3

10' The ethnic characteristics of the population, including those resulting from a mixing ofcultures, are of particuiar importance in reiation to the ConvJntion., ūi;;;ii. assessing tt,eimplementation of human rights, including demographic indicators, shouid be provided in thecoĪĪrmon core document. If this information has not įeen included in the "o.-o, core document,it should be provided in the CERD-specific document.

11' Many States consider that, when conducting a census, they should not draw attention tofactors iike race, ļest this reinforce divisions they ūsh to overcome or affect rules concernrngthe protection of petsona]' data, Īf progress iņ eliminating discrimination based on race, colour, descent, or national or ethnic origū (hėreinafter racid dišcrimination) is to be monitored, someindication is needed rn the CERD-specific document of the number of persons who might betreated less favourably on the basis of these characteristics. States that do not collect information on these characteristics in their censuses are therefore requested to provide information onmother tongues, lanņages commonly spoken, or other indicators oī ethnic diversiŅ, togetherwith any information about race, colour, descent, or national or ethnic origins derived fromsociaļ sTrrveys. In the absence of quantitative information, a qualitative dĻcription of the ethniccharacteristics of the population sūould be supplied.. States arĖ advised and enįouraged to deveTop appropriate methodoiogies for the collection of relevant infomation.

L2. The Committee is also interested in information indicating whether gĪoups, and if sowhich gĪoups, are officially considered to be national or ethnic min6d1ļg5, or indigenous peoplesin the State party.It also recommends that descent-based communities, non_citizens andintemally dispiaced persons be identified.2

13' Īf needed, the report should be accompanied by sufficient copies in one of the workinglanguages of the Commjttee of all other suppīementary documentation which the reporting Statemay wish to have distributed to all members of the committee to facilitate the consideration ofits report.

14, When reporting, if States refer the Commį119g to information provided either in theconrmon core document or in any other treaŅ-specific document, they should indicate preciseiy the relevant paragraphs in which such fuforrnatiįn is provided.

15. As required in paragraph 19 of the hamronized guidelines, initial treaŅ-specific documents should not exceed 60 pages, and subsequent-periodic documents should be limited to40 pages.

, See generaļ recommendations No. 16 (1gg3.) concerning the application of article 9 of the Convention;No, 8 (1990) concerning the inteņretation and applicatiorioru,ti"te l, paragraphs 1 and 4, of theConvention;-and No, 24 (l99g) cāncerning article 1 of the Convention.- see general recommendatigl No. 29 (2002) on article 1, paragraf 1, (Desccnt); general lecotnmęndation No. 27 (.2000) on rliscrimination againsiįo*Į ģ"nc,al rccommuirdatiol Ntr. 23 (lgg7)on the riglrts of indigenous peoplcs and geueral r.ęcu-mmendatio";1na No. 3U (2004) on āiscriminatiorragairst non-citizens,

cERDlCl2007t1 page 4

C.InformationreTatingtoarticlesl.toToftheConvention

16. The Committee invites States parties to incoņorate in this part, rrnder appropflate

headings, the relevant extracts of the laws, regulations and judicial decisions referred to therein'

as weli as all other elements which they consider essential for the consideration of their reports

by the Committee. rķūtut" parų may,if necessary, append to thc reportin separate annexes all

dõcuments that it deems important for the further clarification of the reporl-

17 ' States parties are also required to report to the Co..ļttee on difficulties they meet, if any,

in implementing each provision įt*'. Conįention' Reports should not only focus on measures

they plan to take to overcome these difficuities, but also on what has been achieved during the

reporting period.

18. The Committee recoĪĪrmends that States parties include in their reports information on

action pians or otlo "r"*s taken to implement the Durban Declaration and Programme of

Action at the national level.*

lg, The information contained in the CERD-specific report shouid be arranged as follows:

Article L

A. Assessment of the compliance of the definition of racial discrimination in domestic law

with the definition provided in article 1, paragraph I of the convention,s in particular:

1. Information on whether the definition of racial discrimination in domestic law

encompasses discrimination based on race, colour, descent, or national or ethnic origin;

2. Inforrnation on whether direct as well as indirect forms of discrimination are

included in the defrnition of racial discrimination in domestic law;

3' Information should be provided by the State parŅ on its underlmli"g of the term

..pubiic life,, in article I,paraņaph 1, anā on the scope of anti-discrimination iaw;

4. Information relating to reservations and declarations, as well as derogations,

restrictions or limitations rĮgarding the scope of the definition of racial discrimination in

domestic law should be included ii th. .oooron core document as required in paragraph

40 b) and c) of the harmonized guideiines'"

3 Annexes aĪe not part ofthe report but are kept by the Secretariat and availablę for consultation.

, ļĮĮ į",".ur .""omm",dutioo iĮo. 28 (2002) ontire follow-up to the World Conference against Racism,

Raciaį Discrimination, Xenophobia and Related Intolerance. ii"" i', pįūcuhr'gcnĮral reļommendation No, 14 (1993) on articlę 1, paragrņh-l. 9f

the Convention. u If this information has not been included in thę .oį*on core document, it should be provided irr the

CERD-specifię documenį.

OERD/C/2007/1 page 5

5. Inforrnation relating to the extent to which domestic law provides for differentiaļ treatment based on citizenship or immigration, taking into considįration paragraphs 2 and3 of artic1e 1 of the Convention, as welias general reĮommendation No. āo 1zoo+1 o,discrimination against non_citizens.

B. Information on whether the legal system.of the State parŅ allows or provides for specialmeasures to secure the adequate advancement of groups and individuals proiected under theConvention, should be provided in the common core document as required tnparagraph 52 ofthe harmonized guidelines' If this information has not been included in the coūrmon coredocument, it should be provided in the CERD_specific docrrment.

Article 2

+ Brief description of the regal framework and generar policies to eriminate raciardiscrimination and to give effect ū the provisions ofärti d" ž,purug,uphs 1 and 2' of theconvention (if not already provided in the common core document under paragraphs 50 to 5g ofthe harmonized guideiines).

B' Specific and detailed information on the legislative, judicial, admrnistrative or othermeasures taken:

ļ- To give effect to the undertaking to ęngagein no act or practrce of racial discriminationagainst persons' gĪoups ārp.,.ā,i or institutions and to ensure that all |J:1:gorities and public institutions, nationaland local, shall act in conformiŅ withĮnls oDļlgaüon;

?' To give effect to the undertaking to prohibit and bring to an end racial discrimination by any persons, groups oI organizf1įgņ5.

3 ' To give effect to the und.ertaking not to sponsor, defend or support racial discrimination by any persons or organizations;

4. To review govelĪrmental, national and local poiicies, and to ameįd, rescind ornullifu any laws and regulations which have the effĖct of creating or peņetuating racialdiscrimination wļerever it exists, bearing in mind information ut,"uayprovided underparagraph 42 of the harmonized guidehnēs;

5. To encourage, where appropriate, non-goveūrm entalorgauzations and institutions that combat racid āiscrimination aid foster mutuaļ understanding.

C' Information on whether a national human rights institution, created in accordance withthe Paris principles (General Assembly resolution īarcfof 20 December 1993), or otherappropriate bodies, have been mandated with combating racial discrimination (if not alreadyprovided in the cornmon corę document in accordan.. ūitķ paragraphs 42 f) and,43 b) of tirehamronized guidelines).7

, See general recommendatiorr No. 17 ('Igg3) on thę ęstabļishment of national institųtions to faciiitateimpļęmentaticrn of the Convontion.

OERDIC/2007t1 page 6

D. Information on groups and individuals benefiting from specialand concrete measuĪes

taken in the social, gggņgmic, cultural and other fields in accordance with article 2,paragraph2,

of the Convention. Furthermore, detailed information on results achieved should be provided

under article 5 of the Convention.

Article 3

Information on the legislative, judicial, admrnistrative or other measĮļres which give effect to the

provisions of articįe 3 of the Convention, in parficular:

1 . Recalling general recommendation No. tg (2002) on article l,paragraph 1, the

reference to apaifieid may have been directed exclusively to South Afric1 but the article

as adopted p.äniuit, all forms of racial segregation in all countries, Therefore information

should be suppiied on measĮrres to p."u"ū, pioni.u1and eradicate all practices of racial

segregation io t"oitori., ,nder the jurisdiction of the lyortinS State, in particular in

cities where residential pattems may result from multipie discrimination based on low

income and race, colour, descent oinationaļ or ethnic origin;8

2' Measures to ęnsuĪe proper monitoring of all trends that can give rise to racial

segtegation and ghettoization, recalling that į condition ofracial segregation can also

arise without *į i,,itiuti.,e or direct involvement by pubiic authonties;,

3. Measures to prevent and avoid as much as possible-the sepegation of groups and

individuais protecteā under the Converrtion, including the Roma,,, descent-based

communitie,īi *o non-citizensl2, in particular in the areas of education and housing.

Article 4

A, Information on the legislative, judicial, administrative or other measufes which give

effect to the provisions of artīcle 4 of įhe Convention, bearing in mind information already

provided in the common core document as requested under paragraph53 of the harmonized

guidelines, in particular on measures:

1. To give effect to the undertaking to adopt immediate measĮļres designed to

eradicate all incitement to, or acts of, ricial discrimination, with due regard to the

principles embodied in the universal Declaration of Human Rights and the rights

ā*p...'ty set forth in article 5 of the Convention;

2. To publicly condemn all propaganda and organizaions based on ideas or theories

ofthe ,,p"rį.iūäfone group oip",.õo. on the basis ofrace, colour, descent or national

8 See general recommendation No. 19 (i995) on article 3 of the Convention' e rbid. ,dšĮ" g"n",ut recommendation No. 21 (2000) on discrimination against Roma, ,, š;;;;.ā recommenciation No, 29 Q}aĄ on article 1, paragraph 1, (Descent). ,, S"" Į".,,,u1 reccrmmęndation No. 30 (2004) on discrimination against non -citizens.

CERD/C/2007/I page 7

oI ethnic ongrn, or which attempt to justiĄl or promote racial hatred and discrimination in anv fom:

3' To declare an offence punishable by law all dissemrnation of ideas based on racial superiority or hatred, or incitement to racial discrimirration agarnst any peĪson or group of persons;

4. To declare an offence punishable by law alļ acts of vioience or incitement to such acts against persons or groups ofpersons because oftherr race, colour, descent or nationaļ or ethnic origin;

5' To declare an offence punishabTe by iaw the provision of any assistance to racist activities, including the financing thereof;

6' To declare illegal and prohibit organizations, as well as organized.and all other propaganda activities, which promote arrd incite racial discriminatĪon, and to recognizg participation rn such orgarizations or activities as an offence punishable by law.r:'-- 7 ' To prohibit public authorities or public institutions, national or local. from promotrng or inciting racial discrimination.

B' Information on whether racial motives are considered an aggravatrng circumstance under domestic penai iegislation. I a

C' The Committee recalls its general recommendations No. 7 (1985) reTating to the impĮementation of article 4 and'No. 15 (Ig93) on articlę 4 of the Convention in which it stresses that the provisions of article 4 are of amandatory character. Where, however, no specific legisiation has been enacted to implement articļe 4 of theConvention, States parties should:

I Explain the reasons for the absence of legislation, and the difficulties they face in implementing that provision;

2' Inform the Committee of the manner and the extent to which the provisions of existing penallaws, ņ applied by the courts, effectively implement theirĮbhgations under that provision. t)

D. To satisĄu their obligations under artic\e4 of the Convention, States parties have not only to enact appropriate legislation but also to ensure that it is effectively enforced. Therefore, they should provide information conceming decisions taken by national tribunals and other state tnsļiļutions regardlng acts of racial oiūrimination, and in particular those offences dea1t with in article 4 (a) and (b).l6 Statistioal data should also be proviäed on complaints filed, prosecutions

-

,, See itt paūicular general recommendation No' 15 (lgg3)on ar1icle 4 of the Convention... Jee lor exampie gcneral ręcotntnęnclation No. 3i (2005) on the prevcntion crf.racial disct'iruutaįiuIr in the administration and fu.cTiu'ing of the criminar justice system, Tara. +.ļ5 Information requested in Decislon 3 (7) adāpted by the Committee on 4 May 7973..- see geneĪaļ recommendation No. 7 (1985) relating to the implementation of articlę 4.

CERDICIZOOTIT page 8

launched and sentences passed for acts prohibited under article 4 of the convention over the

reporting period, as w.li u. a qua1itativā assessment of such data.|1

Article 5

States Parties are required to report on the non-discriminatory rmplementation of each of the

rights and freedoms referred to in article 5 of the Convention' They should provide information

on the legislative, judicial, administative or other measĮĮres taken to that effect' presented either

under the right in question (with subsections devoted to the implementation of each right listed in

that provision) or for the benefit of relevant groups of victims or potential victims of racial

discrimination based (with subsections devoted to each relevant group)'

The list of rights and freedoms, as provided in article 5, is not exhaustive' The equal enjoyment

of the rights and freedoms referredto in article 5, and any similar rights, shall be protected by

States parties. Such protection may be achieved in different ways' be it by the use of public

institutions o, tr,,o.,gū tle activitiĖs of private instįtutions. ln any case, it is the obiigation of

States parties to ensure the effective impiementation of the convention and to report thereon

under article 9 of the Convention. To the extent that private institutions influence the exercise of

rights or the availability of opportunities, the concemed State party must en$,ļre that the result

has neither the puņose ,o,. tįį effect of crļating or peņetuating räcial discrimination.ļ8

When special measĮĮres have been adopted for the benefit of specifrc $oups and individuals in

accordance with artiįle Z,paragrņhĻ, of theConvention, detailed information on results

achieved shouid be provided under that section'

I. Information grouped under particuTar rights

Requests for information listed below are only indicative and not limitative'

A. The right to equal treatuent before tribunals and all other organs administering justice' ln

particular, infārmation should be provided on measTTres taken to:

1. Ensure that any measl,ļres taken in the fight against terrorism do not discriminate,

in puņose or effect, o,, th. grounds of race, colāur, descent, or national or ethnic origr:r,

and that rndividuals are not subjected to racialor ethnic profiiing or stereotyping;le

z. Ensure that ciaims of racial discrimination by individuals are investigated

thoroughly and that claims made against officiais, ngtably those concerning

discrimilatory or racist behaviour,Įre subject to independent and effectįve scrutiny;

l? See seneral recommendation No. 31 (2005) on tlre prevention of racial discrimįration in the

a,dmini.]sķation and functioning of the criminal justice system. id š". g"n",ul rccommcņtļatioir No, 20 (1996) on artiole 5 of the Convention. ļ9 Seę statement on racial discrimination and mea.ures to combat terrorism (official Recor'ds of thc

General Assembly, fifty-seventh session, supplement No. 18 (N57ll8), chapter XI, section c)'

OERD/C/2007/1 page g

3 Īmplement general recommend.ation No. 31 (2005) on the prevention of racialdiscrimrnation in the administration and functioning of the criminal iustice svstem.

B. The right to securiŅ of person and protection by the State against violence or bodilyharm, whether rnflicted by govārnment officials or by any indivrduai, group or institution. Inparticular, information should be provided on measĮĮres taken to:

1' Ensure equal protection of the security and integrity of victims or potential victims of racial discrimination by adopting measures fĮr preventing racialty motivated acts of vioience against them; ensure prompt action by thepolice, piosecutors and thejudiciary in investigating and punishing such acts; *ä *į,*. thatįeņgtrators, be theypublic officials or otherpersons, do not enjoy anyd"g,." ori,,,į;J.,,,õ--*..

2 Prevent the use of illegal force by the police again51peĪsons belonging to gIoupsprotected under the Convention, in particular in "o,,'įtioo *itr, arrest and detentionfi

the police and groups of victims or potential victims of racial discrimination, with a view to preventing conflicts caused by racial prejudice and combating acts of racially motivated violence again51members of these groĮĮps, as weļl as against other persons;z2

4. Encourage recruiįment of members of e;roylŲrotected under the Convention intothe police force atrd other law enforcement agencres;--

5' Ensure that non-citizens are not returned or removed to a country or territory where they are at risk of being subject to serious human rights abuses, including tortųre and cruel, inļuman or degrading treaünent or punishment.ž

I PoiiticaT rights,^in particuiar the right to participate in elections, to vote and to stand forelection on the basis of universal and equāl .,ff,ug", tä taķe part rn goven:ņ1ent as well as in theconduct of public affairs at any level anā to have āq.,al a"ce.s to public service. In particular,information should be provided on:

1' Measures adopted to guarantee these rights, and on their enjoyment in practice.For exampTe, do members of indigenous peoplās and persons of different ethnįc orņational origin exercise such rights to the same extenias the rest of the population? Arethey proportionateiy representū in all State pubiic service and govenrance institutions?

2' The extent to yhich gĪotļps of victims or potential victims of racial d-iscrimination are invoļved ir aĪĪectillg *"^l#.

developnrent and implem"ntation of policies antlprogranrmes

ll i:", *. exam.ple getreral rccomnrerrdaįit-rn No. 27 (20()0)ori cliscriminatiÖfļ against Roma, para'J'2,'' Ibid., para.13. "'Ibid., para.I4. "',Ibid.,para. 15. ,* Scc goneruļ tuut-rmnrerrdaįiurr Ntr. 30 (2004) on discnmination against non-citizens .para.27 '

CĖP.D/C/200,Ī ll page 10

3. Measures taken to promote awareness among members of the gtoups and

commuruties concerned of th. i-portance of their active participation in public and

political life, and to eliminate obstacies to such participation.'"

D. Other civil rights. in particular information should be provided on:

1 . The nght to freedom of movement and residence within the border of the State;

2, The right to leave any country, inctuding one'S ow]1, and to return to one.s coTTnūy;

3, The right to nationalŅ.

ln particular, information should be provided on (a) measules takgn to ensure that

particular gloups ofnon-citizens afe not discriminated against with regard to access to

"iti,"o*ķ oriatura|uation;(b) the specific situation-of long-termorpermanent

residents; (c) action taken to reduce sįatelessness; and (d) whether differentstandards of

treatrnent for accessing citizenship are appiied to non-citizen Spouses (female and maĮe)

of cttizens.2l

4. The right to marriage and choice of spouse;

5' The right to own properŅ alone as well as in association with others;

6. The right to inherit;

7'Therishttofreedomofthought,conscienceandreligion'

The Committee wou1d like to recall the possible intersectionalŅ of racialand

religious discrimination, inciuding the effects oiantįterrorism measrrres, which may lead

to discrimination on ethnic gro,oā. against members of specific religious communities;

8. The right to freedom of opinion and expression;28

g.Therishttofreedomofpeacefulassemblyandassociation.

2s See for example general recommendation No. 2'7 (2000) on discrimination against Roma, para' 43;

generalr""o.-"rrdutionNo.23(lgg7)ontherightsofindigenouspeoples,para'4' 26 a.' . c-.. .-"^....l^ -^.^*.1 *o^^.*enāefion No 7l rzoool oį discrimination against Roma, para.44't,",j;" iffi;'"p1"ä,,į,,r recommendftio., . ž7 (2000) nn ķ.ri ķuti . 44'

,' õ., tt,".. i,sįs, see in portic,lar general rccommendation }.Tt.r. 30 (2004) cņr discrimination agarnst non.

cttlzens. 28 See in this ragarcl general tecommęnclatiorr No. 15 (1993) urr artįclc .4 of thc Convontion, according to

whiolr..irr the opiniorr of the (lrrmmittee, the prohibition of thę dissęmination of all ideas based upon

racial superioriŅ or ķut,Jķ compatible witį įhe right to freedom of opinion and expression.,,

cEP.DtC/2007/1 page 11

E' Economic, social and cultural rights. In particular fuformatron should be provided on:

1. The right to work.

states parties shourd, for example, (a) indicate whether persons beionging togroups protected under the Convention are over- or underrepresented in certainprofessions or activities , and inunemployment; and (b) describe governmental action toprevent racial discrimination in the enjoyment of the right to work

2. The right to forrn ard join trade unions.

States parties should, for example , (a) trtdicate whether the right to fonn and join trade unions is granted to non-citizens, and/or which restrictions apply depending on theirstatus, and (b) whether the nght to form and join trade unions is res.trictea for späcifrcprofessions or for specific Ņpes of conūact, ior which persons belonging to grĖupsprotected under the Convention are oveĪ-represented.

3. The right to housing.

states parties should, for example, (a) indicate whether groups of victims orpotential victims of racial discriminatiān are concentrated in particu1ar sectors or tend toconcentrate in particular localities; (b) describe governmentai action to prevent racialdņcrimination by those who rent or seli houses or aparhents; and (c) describe measl,ļrestaken to impTement ü..lg"h to ho.using of nomadicįr semi-nļmadic people, with fullrespect for their culturaļ identity,29

4' The right to public health, medical care, social security and social services.

Different groups.of vįgfims orpotential victims of racial discrimination withrn thepopulation may have different needs fõr health and social services. States parties should(a) describe any such differences and (b) describe governmental action to secure theequal provision ofthese services.

5. The right to education and training.

States parties should, for example, (a) indicate any vaĪiations in the ļevel ofeducation and training between membįrs-of groups proteTted under the Convention; (b)provide information on languages spoken and taught in schools; and (c) describegovefixxental action to prevent racial discriminatįn in the e{oyment of this right.

6' The right to equar participation in cuiturar activities.

-States parties should, for example, r.eporį (a) on measures taken to enhance tnet'ight of all persons without discriminaįion to pafticipate in cultural life, wbile at the same

29 Seff, for insįu,ncc, in lolotiurr Įu Roma, Įlrc r.ęcomütėndations made by the Committee in paragraphs 31md 32 of its general recommendation No. 27 (2000) on discrimination against Roma; seę also therecommendation made by the Committee on Economic, Social and cuttuĮat Rights Äp*Įg,upn 7 of itsgenoral ,commcnt No. 4 (l99l) on thc right to a,rlec1r-ule īousi.,g r""į,- T l(l) tlf t1rc Ctlvenarrt).

CERDICI}OOTIT page 12

time respectrng and protecting cultural diversiŅ; @) on measļ,Tres taken to encoTļrage

creative activiiies by p"rson.īelongrng to groups protected under the Convention, and to

enabļe th"m to įr",įį. uoo develoį their culture; (c) on measT}res taken to encourage

and facilitate their access to the meäia, including newspapers, teļevision and radio

prograilrmes, and the establishment oftheir own media; (d) on measures taken to prevent

racial hatred and prejudice in competitive sports; *d (") on the status of minority,

urdigenous *ā oiķ.i ianņages irr.domestic law and in the media.

7 ' The right ofaccess to places ofservīce.

States parties should report on action taken to prevent racial discrimination in

access to any piace or service intended for use by the general public, such as transport'

hotels, restaurants, cafės, discos, cinemas, theatres and parks.

II. Information by relevant groups of victims or potential victims of racial dįscrimination

A. The Committee wishes to ascertail to what extent all persons within the State's

jurisdiction, and paftūlįy members of groups protected b11ft. Convention, in practice enjoy,

free from racial discrimination, all the rights Äd freedoms referred to in article 5 of the

Convention. roto,*utl* įro,,ided on ināicators in the cofilmon core document, in accordance

with appendix g orthe įarmgnized guideiines, should be supplemented with (a) a qualitattve

assessment of these indicators and (b) information on progĪess achieved over the reporting

įeriod. Specific information should be provided, and in particular:

1. On refugees and dispiaced persons, bearing in mind general recommendation No'

22 (Lgg6) on arĮic1e 5 of the Convention on refugees and displaced persons;

2.Onnon-citizens,includingimmigrants,refugees,asylum-seekersandstateless persons, bearing in mind generai 1ggg*āendation No. 30 (2OO4) on discrimination

against non-citizens;

3. on indigenous peoples, learing in mind general lgggmmendation No, 23 (1997)

on the rights of indigenous peoptes;

4,onminorities,inciudingtheRoma,bearinginmindgeneralrecommendationNo. 27 (2000) on discrimination against Roma;

5. on descent-based communities, bearing in mind general recommendation No' 29

(2002) on article 1, paragraph 1 of the Convention (Descent);

6,Onwomen,bearinginmilldgenerallgggmmendationNo.25(2000)ongender- reiated dimensions of racial ai*",ķiiation. States parties are requested tcr describe, as far

as possible in quantitative and qualitative teflas, fJctors affecting and diffrculties

experiencedio,",s.,.iogtheequalenjoymentbyI9*?o,freefromracļaldiscrimination, of rights under the CclnĻentioo, rķ"v should piovide lata

by race, colour, descent and

nationa]. or ęthnic origin, which *. Įh"o disaįgregated by gencler witlrin those groups.

C]RD/C/2007/1 page 13

B' Particular attention should be brought to complex forrns of disadvantage in which racialdiscrimination is mixed with other causes of discrimįation (such as those ķasea on age'sex andgender' religion, disabiiity aad low socio-econo;il"*Or States parties are asked to bear inmind the circumstances of the persons concerned, and to iefer to any auailable social indicatorsof forrns of disadvantage thatÄay be ļinked with racial discrimination.3o

C. Where no quantitative data reļevant to the enjoyment of these rights is avai1able, Statesparties should provide relevant rnformation derived ii". .į*r SĮ].rveys' and report the opinionsof representatives of disadvantaged groups.

Article 6

A' Information 9n the legislative, judicial, administrative or other measures which giveeffect to the provisions of alide o įfae d"".;t";,ī"*i,g rn mind information alreadyprovided in accordan"" :jņ paragraph 59 of the įarmonized guideiines. In particular,information should be provided on:

1' The practice and decisions of courts and other judicial and administrative organsrelating to cases of racial discrimination, as defined under article 1 of the convention;

2' Measures taken to ensure (a) thatvictims have adequate information concemrngtheir rights; (b) that they do not fear sociaļ "",,,uį o,,eprisals; (c) that victims withiimited resources do not fear the

".o:t pd complexity of the judicial process; (d) that thereis no ļack of trust in the police and judicial authoritiįs; and (e) that the authorities aresufficient,y alert to, o, awur" ot ofiences with raciāi motives;

3' whether national human rights institutions and ombudspersons and other similarinstitutions are authoiaed to hear and consider individual complaints of racialdiscrimination;

4' Types of reparation and satisfaction, with exampies, which are consideredadequate in domestic iaw in case of racia, discriminffi;;";, ųļ9 vvuū

5' The burden of proof in civil proceedings for cases fuvorv tngracia!discrimination.rr

B' If relevant, States parties shoutd indicate whether they intend to make the optionaldeclaration provided in article 14. Information on obstacles Įo thateffect may be provided. Forthose States that have made the declaration under artioļe 14 of the Convention, information

-

30 See ge,tcr.al rectmmendatton No. 25 (ĮĮOO)on gender.related dirnęnsions of racial discrimination, ,ļ See generaļ recommend:,iol-Ņ9,2o (2OOO)on articļe6 of the Convention See also in this regardgenerai recommendation.No' 3-1 (2005) on the prevention of racial discrimination in the administrationand functioning of the criminaljusti"";y;;; ānd No. 23 (lgg7)o, tķ. rights of indigenous peopies, para,

32 See Generaļ recommęndation No. 30 (20o4)on discrimination against non-citizens . oara' 24.

CERDICI}OO7IT pa"ge 74

should be provided on whether, in accordance with paragraph2 of article 14, they have

established or identified a body within their nationallegal order which shall be competent to

receive and considerįJūo". tom individuals and groups of individuals within their jurisdiction

who c1aim to be victims of a violation of any of the āghts set forth in the Convention and who

have exhausted other available ļocal remedies.

ArtįcTe 7

Information should supplement that already provided iņ-the common core document in

accordance with paraläph 56 of the ķarmonizea ņide1ines. ļeports should provide information

on each of the main ,iįjį.ķ mentioned in article ī under the following separate headings: (a)

education and teaching; (ķ) c,ttor"; and (c) rnformation: w,Jhi" these broad parameters, the

infonrration providedĮhould reflect the measures taken by States parties (i) to combat prejudices

whįch lead to raciaļ discrimination; and (ii) to promote understanding, tolerance and friendship

among nations and all grorTPS.

A. Education and teaching. In particuiar, infonnation should be provided on:

1. Legislative and administrative measl.ļres taken in the fięld of education and

teaching to combat prejudices which lead to racial discrimination, including general

information on the educational system;

2. Steps taken to include, in school curricuļa and in the training curricula of teachers

and otherprofessionals, prograĪĪrmes and subjects to help prom9F human rights issues

which would lead to better understanding, tolerance and friendship among all groups'

Information .ķoura a1so be provided oo ih"th., the puņoses and principles of the

Charter of the United Nations, the Universal Declaration of Human Rights and the

Convention are inciuded in education and teaching;

3. Steps taken to review all ianguage in textbooks which conveys stereoŅped or

demeaning images, references, ,u*Į. oi opinions concenring groups protected under the

Convention ,-uĮl,ųtu"e it by images, references, names and opinions which convey the

message orth" i,hĖrent dignity oiullh,'*u, beings and theiĪ equalrty in the enjoyment

of human rights;"

4. Stņs taken to inciude in textbooks, at all appropriate levels, chapters about the

history and culture of groups protected under the Čonvention and living on the State,s

territory, and to encourage and support the publication and distribution of books and

other print materials as ūell as thä troad"u'tiog of television and radio p,o{l11jllu, appropriate, about their history and culture, including in ianguages spoken by them;'-

5. Measures taken for intensive training of law enforcement otficials to ensure that

in the perfonnance of their duties they respect as well as protect human digurty and

3, See for example general recommendation No. 29 (2002) on articlę 1, paraņaph 1-, (Descent), para. 48'

,o šį" n"n".d .ļcoÄmendation No. 27 Q000) on discrimination against Roma, para'26.

CERD/C/2007/1 page 15

maintain and r pļold the huņan rights of all percons ,üyithout distinction as to race, colour or national or ethlic orisin.r5

B. Culture. In particuTar, information should be provided on:

1. The roļe of institutions or associations workrng to develop national culture and traditions, to combat racial prejudices and to promote intra-national and intra-cultural understanding, tolerance and friendship urrrorrg all groups;

2' Support provided by the States parties to such institutions and associations, and more generally, action taken to ensl,ļ.re the respect and promotion of cultural diversiŅ, for example in the area of artistic creation (cinema, literature, painting, etc.);

3. The iinguistic policies adopted and impiemeuted by the state party.

C. Information. In particular, information should be provided on:

1' The role of State media in the dissemination of information to combat prejudices which lead to racial discrimination, aĪrd in fostering better urrderstarrrling of the puņoses and principles of the Convention;

2' The role of mass information media, i.e. the press, radio and television and Įntenret in publicizing human rights and disseminating infonrration on the puņoses and principles of human rights instruments;

3 ' Action taken to encourage awareness among professionals of all media of theņ particular responsibiiiŅ not to encourage prejudiceād to avoid reporting incidents involving individual members ojgrouPs protected under the Convõntion in a way which blamss such groups as a whole;36

4' Action taken to encourage methods of self-monitoring by the media, through a code of conduct for media organiz'u1igas, in order to avoid raciaī,discriminatory or biased tangaagei'

5' Action to develop educational and media campaigns to educate the public about Ņ iife, socieŅ and culture of groups protected unoeimā Convention and tīle importance of buildin8. an inciusive socieŅ while respecting the human rights and cultural identity of aļļ groups.-"

35 See general recommendation No, 13 (lgg3)on the training of law enforcement officials in theprotection of human rights.

.li:t fot example general recommendation No. 21 Q000) on discrimination against Roma, para.37." Ibid., para.40. 38 lbid., įara, 38.