A/HRC/31/74
expressed support for further research on these cases. He also questioned whether the
results were really so “dismal”, perhaps more so in relation to the approximately 60,000
cases considered by the European Court of Human Rights. He explained that of only a
small percentage of cases were deemed admissible, and even a smaller percentage
constituted a finding of a violation, that some of those cases, might in fact be very
instructive to States to rectify potential problems in advance. The table in the Annex of his
presentation was valuable as it at least provided an overview of individual communications
under Article 14 of ICERD dealt with by CERD.
18.
Regarding gaps in ICERD, Mr. Bossuyt noted the existence of gaps in institutional
coverage and protections, as different bodies and institutions could arrive at different
conclusions. Procedures, such as the reporting procedure could use further improvement.
19.
The representative of Ghana inquired about the attempt of CERD to redefine “race”,
the views of the expert with regard to the definition and content of “ethnic cleansing”; and
the fact that national institutions were often taking on individual complaints. He asked if the
Committee had adopted general comments to address such issues, which were also of
importance in relation to the right to protect, suggesting the need for a supplementary
protocol. The expert noted that CERD had done so, and had adopted a number of general
comments; CERD however, had not as yet issued a comment on ethnic cleansing. But
CERD had issued general comments on discrimination against noncitizens, in particular
migrants; on indigenous populations, on Roma people; on people of African descent, etc.
This approach showed that CERD had no narrow view on race. He added that “race” as a
biological concept did not exist, but that racists did exist. He continued that he was not
convinced that there was a need for an additional protocol. It would, however, be welcomed
if the “machinery” could be strengthened. Such approach would be more useful than
enlarging the field of application.
20.
The representative of South Africa asked whether there was a gap concerning issues
of religion and about the process leading to the drafting of general recommendations, as
these soft laws, including the United Nations Declaration on religion were not enforceable
documents. Mr. Bossuyt stated that CERD considered at times the issue of religion in its
work. Some States parties noted that CERD’s mandate was racial discrimination and not
discrimination based on religion or belief. That objection could ostensibly be overcome by
a separate instrument, but the practical challenge of drafting it would be enormous.
B.
Issues, challenges and best practices pertaining to reporting under the
ICERD Convention
21.
At the 3rd meeting, on 14 July, the Chair-Rapporteur recalled that the outcome of
the 6th session of the Ad Hoc Committee in paragraph 97 (a)(iii) provided for a discussion
on “issues, challenges and best practices pertaining to reporting under the Convention”, and
as had been agreed by the Coordinators of the Regional Groups, all States were invited to
volunteer to brief the Ad Hoc Committee on their individual experiences in this regard
under this agenda item during the 7th session.
22.
At this meeting, Norway recognizing the continued need to fight all forms of ethnic,
racial and religious discrimination, hate crimes and xenophobia, gave an overview of
Norwegian issues, challenges and best practices pertaining to reporting under the ICERD
Convention, touching upon some of the issues and challenges facing the country, as well as
some practices it considered successful. In order to combat discrimination effectively,
Norwegian authorities believed it is important to have reliable and updated information
about the extent of discrimination against different groups. In February 2015, The
Norwegian Institute for Social Research published a report, which reviews existing research
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