THE CONTRIBUTION OF NGOS TO CERD’S WORK ....cont As to the 1993 criminal law modifications, which apply to racially motivated violence and hate speech, at the March 1995 Committee (CERD) session, when the Government’s eighth and ninth periodic reports were considered, the Italian delegation claimed that, “[a]s a direct effect of the new legislation [to combat racism and discrimination], the number of acts of intolerance, discrimination and racial violence had drastically decreased”. However, the Government was unable to provide any information concerning the frequency or effectiveness of judicial remedies for racially-motivated violence, stating simply that “proceedings under the new legislation had not yet been concluded, with the result that final judgments were not yet available, although many decisions had been taken by the judiciary under the 1975 legislation”. Unfortunately, the Government report submitted in 1998 provides no further elaboration on this point. In short, several months of intensive research by ERRC have failed to uncover evidence which might contradict the 17 July 1998 finding of the United Nations Human Rights Committee Chairperson (Ms Chanet) that, in Italy, “little progress had been made in action to combat racism”.’ NB: The ERRC’s report has substantial and useful footnotes sourcing its statements. NGO reports may also refer to comments and concluding observations previously adopted by CERD, and to reports and comments of: ● national human rights institutions; ● UN human rights bodies and other treaty bodies; ● regional institutions (Council of Europe, Inter-American Human Rights Commission, Organization for Security and Cooperation in Europe [OSCE], etc.); ● specialized agencies (International Labour Organization [ILO], for example). Language: In case a supplementary report cannot be prepared— other types of NGO submissions Although the submission of a supplementary report is most encouraged, this is very time-consuming, and many NGOs may find it impossible. In such cases, they may prepare submissions which address only selective Articles of the Convention outlining the state s violation of them. Submissions can also use newspaper articles (from reliable sources) with an explanatory note addressing the concern with reference to a relevant Article or Articles of ICERD. It is still preferable, however, for these submissions to closely follow the advice given above for supplementary reports. How and when to hand in the report: After having established direct contact with the Country Rapporteur, he or she may indicate when, where and how the report should be sent. As to the timing, some wish to receive it as early as possible, others a few weeks in advance. As far as other members of the Committee are concerned, it is sometimes problematic to submit the report to them because of their reservations in relying on NGO reports. Three options can be considered: 1. Eighteen copies, plus one extra for the Secretariat, may be sent to CERD s Secretariat which will forward them directly to the members of CERD. Put the report in separate envelopes addressed to each member of CERD. 2. A copy may be sent to ARIS before the session starts so that the report may be added to their list of documents. At the beginning of the Committee s session, the list will be circulated among members who can order copies of the desired documents. It is advisable to produce the report in English. French and/or Spanish versions will also be highly appreciated, and even recommended when the Country Rapporteur has one of these languages as their first language. 3. If NGOs can attend the meeting, a copy may be handed to each member in person at the session as early as possible. Ask each member if they would like to see it but do not insist. Some experts despair at receiving supplementary reports as late as on the very day of the examination of the state report concerned. Length: B. While the report is examined The submission of voluminous documents should be avoided. A former secretary of CERD suggests that a NGO report should have a maximum of 20 pages. NGOs should preferably attend the meetings in which the report of the state party concerned is being examined. In that way, NGOs will have first hand information on the Committee members comments and/or questions, and the state s answers. ICERD: A GUIDE FOR NON-GOVERNMENTAL ORGANIZATIONS 15