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 32

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