A/HRC/31/74
which are based on ideas or theories of superiority of one race or group of persons of one
colour or ethnic origin”) in 6 decisions.
5.
Mr. Bossuyt stated that article 14 has been characterized by one prominent professor
Theo Van Boven, as “one of the most under-utilized provisions of ICERD.” Professor Van
Boven provided two explanations for Article 14’s under-utilization: (1) “many states have
always considered ICERD more a (foreign) policy instrument than a domestic rights
document,” and, (2) “the sheer lack of knowledge and information about the existence of
article 14 as a possible recourse is a major impediment.” Mr. Bossuyt explained that the
most striking feature of the individual communications submitted to the CERD is the
foreign origin of the authors of those communications. However, only in a minority of
cases (18), the author of the communication had a foreign nationality. In the majority of the
cases, the authors were nationals of the State party.
6.
Mr. Bossuyt described the follow up procedure on individual communications.
Following the example of the Human Rights Committee, a procedure on follow-up to
communications was formally established on 15 August 2005, when the Committee created
the ability for Special Rapporteurs to follow-up on the Committee’s suggestions and
recommendations to States parties following a communication to CERD (rule 95 of the
CERD Rules of Procedure). Since 2006, the Committee included a chapter on follow-up to
individual communications, including sometimes in an annex, a table showing a complete
picture of follow-up replies from States parties in relation to cases in which the Committee
found violations of the Convention or provided suggestions or recommendations in cases of
non-violation. With respect to the 10 individual communications in which the committee
did not find a violation of the Convention, the Committee nevertheless made
recommendations.
7.
Mr. Bossuyt stated that Governments concerned are generally forthcoming in
disseminating the opinion of the Committee. In some cases, they also took measures to
amend the applicable legal provisions. In a few cases, they accepted to award compensation
to the authors for the expenses they had made for legal assistance in submitting the
communications. Up to now, no State party accepted to award any compensation for
pecuniary or non-pecuniary damage.
8.
He concluded by stating that in 2012, the CERD, acting upon a recommendation
from its Working group on communications, proposed the creation of a joint treaty body
working group on communications, composed of experts of different treaty bodies to ensure
consistency of jurisprudence among treaty bodies and reinforce the justiciability and
interdependence of all human rights. It would lead to more coherent outputs and to better
aligned working approaches of all treaty bodies dealing with communications. Mr. Bossuyt
stated that in its resolution 68/268 entitled “Strengthening and enhancing the effective
functioning of the human rights treaty body system” adopted on 9 April 2014, the UN
General Assembly did not act upon that recommendation.
9.
The representative of Pakistan on behalf of the OIC noted that since only 48
decisions had been issued by the CERD the effectiveness of the procedure should be
questioned and asked how the procedure could be strengthened to ensure complaints could
be received. The representative also invited Mr. Bossuyt’s views on the inquiry procedure
as compared to the complaints procedure.
10.
The representative of Cuba expressed appreciation for Mr. Bossuyt’s comparative
analysis and asked about recommendations to enhance its effectiveness.
11.
Mr. Bossuyt noted that indeed, the number of decisions under the individual
complaints procedure was small. The effectiveness of the procedure however was not
related to the structure of the Convention. There were in general three distinct ways to
legislate individual complaint mechanisms: integration of the article into the Convention at
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