COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION ADOPTS TERMS OF REFERENCE FOR ITS FOLLOW-UP COORDINATOR

The Committee on the Elimination of Racial Discrimination this morning adopted a document providing guidance to its member designated as "follow-up coordinator" who is responsible for monitoring compliance by States parties with the Committee's recommendations. The Committee also began considering its draft general recommendation on the prevention of racial discrimination in the administration and functioning of the system of justice in States parties to the International Convention on the Elimination of All Forms of Racial Discrimination.

Presenting the report on the "follow-up coordinator" was Committee Expert Morten Kjaerum, who was appointed as coordinator at the Committee’s last session in August 2004. The intention of the document, he said, was to provide guidance to the coordinator on how to pursue work under this mechanism which was approved by the 18-member Committee at its sixty-fourth session in March 2004.

The terms of reference, as laid out in the adopted text, allows the coordinator to monitor follow-up measures by States parties with the recommendations of the Committee. The coordinator may, among other things, recommend that the Committee take note of the information, request further information in the State party’s next report or remind the State party of recommendations included in the last concluding observations and their obligations as parties to the International Convention.

Introducing the preliminary draft general recommendation on the prevention of racial discrimination in the administration and functioning of the system of justice was Committee Expert Régis de Gouttes who underlined that the draft stressed that when such an act of discrimination does exist, it constitutes a particularly serious violation of the rule of law. Moreover, the draft noted that these cases of discrimination had been on the rise, partly as a result of the increase in immigration and population movements, and also due to security and anti-terrorism measures adopted by many States following the events of 11 September 2001.
The draft document, Mr. de Gouttes said, was divided into four parts addressing the steps to better gauge acts of discrimination in the administration and functioning of the system of justice; steps to prevent racial or ethnic discrimination against accused persons who were subjected to judicial proceedings; steps to be taken to prevent racial or ethnic discrimination targeted at victims of racism; and strategies to be developed to prevent racial or ethnic discrimination in the administration and functioning of the system of justice.

When the Committee reconvenes at 3 p.m. this afternoon it will start a thematic discussion on the prevention of genocide.

Terms of Reference for Follow-Up Coordinator

As per the adopted terms of reference, the coordinator is responsible for monitoring follow-up by States parties with the recommendations of the Committee and may ask the State party to submit information at a specified time before the next reporting session of the State concerned. The coordinator is responsible for monitoring respect by the State party for deadlines set by the Committee and for sending reminders to a State party when it has not supplied the additional information on time. Moreover, the coordinator can analyze and assess the information received by the State party pursuant to a request by the Committee for further information.

The Coordinator, the text states, may make recommendations for appropriate action to the Committee when the State party has not supplied additional information, or no information at all. The coordinator may, among other things, recommend that the Committee take note of the information, request further information in the State party’s next report or remind the State party of recommendations included in its last concluding observations and their obligations as parties to the International Convention.

The coordinator shall submit a succinct progress report on his findings to the Committee at each session which will be included in a chapter of the annual report on follow-up activities. If no information is received by the State party in spite of a reminder by the Committee, this will be recorded in the Committee’s subsequent report to the General Assembly, the terms of reference indicate.

Preliminary Draft General Recommendation on the Prevention of Racial Discrimination in the Administration and Functioning of the System of Justice

The draft document recalls, among other things, that the Convention requires that States parties assure that everyone in their jurisdiction is afforded effective protection and remedies, through competent national tribunals and other State institutions, against any acts of racial discrimination. It refers to the declaration adopted by the Durban World Conference against Racism, Racial Discrimination, Xenophobia and Intolerance in September 2001 and the resolution adopted by the Sub-Commission on the Promotion and Protection of Human Rights, which appointed a Special Rapporteur on the question of discrimination in the criminal justice system.

The draft document underlines that when an act of racial or ethnic discrimination in the administration and functioning of the system of justice does exist, it constitutes a particularly serious violation of the rule of law, the principle of equality before the law and the principle of a fair trial, through its direct effect on persons belonging to racial or ethnic groups. The draft highlights that the risks of racial or ethnic discrimination in the administration and functioning of the system of justice has been increasing in recent years, partly as a result of the rise in immigration and population movements, and partly as a result of security policies and anti-terrorism measures adopted by many States following the events of 11 September 2001. The draft recommendation also sets out to combat all forms of discrimination in the administration and functioning of the system of justice which may be suffered by persons belonging to racial or ethnic minorities, non-nationals, immigrants, migrant workers, refugees, asylum-seekers, indigenous people, Roma/Gypsies and other vulnerable groups in society.

The proposed recommendations addressed to States parties as mentioned in the draft cover the following areas: steps to be taken to better gauge the extent of racial or ethnic discrimination in the administration and functioning of the system of justice; steps to be taken to prevent racial or ethnic discrimination against accused persons who are subject to judicial proceedings; steps to be taken to prevent racial or ethnic discrimination targeted on victims of racism; and strategies to be developed to prevent racial or ethnic discrimination in the administration and functioning of the system of justice.


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