A/HRC/31/74
CERD and the process leading to their issuance in the context of the effective
implementation of the International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD). Ms. Crickley provided an overview of the development of general
recommendations and stated that the primary purpose of such recommendations were for a
dynamic and current interpretation of the ICERD. She added that over time, the
recommendations have sought to capture a number of issues including the complexity of
intersectionality of gender and race and multiple forms of discrimination faced by women
belonging to ethnic, indigenous or minority groups.
65.
Ms. Crickley emphasized that the general recommendations were made to provide
further guidance to and assist States parties in fulfilling their reporting obligations, and
while concluding observations are tailored to each State party, general recommendations
are made available to all States parties further facilitating the implementation of treaty
provisions. She stated that since 1972 CERD had adopted 35 general recommendations.
She further added that while the general recommendations are authoritative, they are not
legally binding. About 20 of them are mainly focused on the interpretation of the ICERD
provisions and their application. Seven general recommendations deal with specific groups
at risk of racial discrimination. While others touch upon general but important issues, such
as the two general recommendations on the World Conference against Racism and the
Durban Review Conference. Other issues not mentioned in the ICERD were however taken
up by the Committee through general recommendations, including those on selfidentification, demographic composition of the population, and more recently, racist hate
speech. Also, while specific and vulnerable groups subject to racial discrimination are not
mentioned in the ICERD, the Committee observed that certain forms of racial
discrimination were directed towards them, and decided throughout the years to adopt
general recommendations to enhance their protection from racial discrimination. Thus far,
the groups covered are refugees and displaced persons, indigenous peoples, Roma, noncitizens and People of African descent.
66.
She emphasized in particular general recommendation No. 25 on gender-related
dimensions of racial discrimination which highlights the intersectionality between gender
and race and allows the Committee to draw the attention of States parties on potential or
existing double/multiple discrimination faced by women belonging to ethnic, indigenous or
minority general recommendations. The recent general recommendation No. 35 on
combating racist hate speech is also fairly special as hate speech is not specifically
mentioned in the ICERD but at the same time is covered by both articles 4, 5 and 7.
67.
In describing the process leading to the issuance of general recommendations, Ms.
Crickley stated that following a proposal by members of the CERD or by the bureau, the
CERD Committee would appoint rapporteurs to coordinate the preparation and drafting of
the general recommendations. A day of thematic discussion would then be held with State
parties, NGOs, National Human Rights Institutions and interested individuals on the subject
based on which the CERD Committee would then decide whether or not to issue a general
recommendation. A general recommendation is also based on the assessment of periodic
reports and comments, as well as information provided by stakeholders.
68.
The representative of Ghana requested further elaboration on the shortcomings of
the process by which general recommendations were issued. The representative of Brazil
requested the speaker to provide information on substantive gaps to the ICERD and how
that would relate to the general recommendations issued by the Committee.
69.
The representative of Pakistan on behalf of OIC also requested further information
on how the general recommendations filled the gaps that existed in the ICERD, and in
terms of the process leading to the issuance of the general recommendation the
representative wanted to know how much States were involved, and whether the inputs of
Member States were taken on board. Given that there was no formal procedure, she queried
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