THE CONTRIBUTION OF NGOS TO CERD’S WORK
munication and other relevant information to the
state party concerned, and inform the petitioner of
the communication of its decision (Rule 94.1). In
principle, the identity of the individual is not
revealed unless they have given their express consent. The state party may be asked by the Committee
to submit, within three months, written explanations
or statements clarifying the case under consideration
and the remedy, if any, that may have been taken by
the state (Rule 94.2).
● In the course of its consideration, the Committee may
further ask the state party to take interim measures to
avoid possible irreparable damage to the person(s)
who claim to be victim(s) of the alleged violation
because of urgency (Rule 94.3). This does not prejudge either its final opinion on the merits of the communication, nor its eventual suggestions and recommendations.
● Furthermore, the Committee may invite the petitioner
or their representatives and the representatives of the
state party concerned to be present at the examination
of the Communication in order to provide additional
information (Rule 94.5). However, so far the Committee has never used oral hearings.
● After consideration of an admissible communication,
the Committee will formulate its opinion. The opinion of the Committee, together with suggestions and
recommendations the Committee may wish to make,
will be forwarded, through the Secretary-General, to
the petitioner and to the state party concerned (Rule
95.3).
The Committee includes in its annual report a summary
Illustration — Recommendations of the Committee with
regard to communication no. 10/1997
(Ziad Ben Ahmed Habassi v. Denmark)
Communication no. 10/1997 concerns a Tunisian citizen
with a permanent residence permit in Denmark, married
to a Danish citizen, who was refused a loan by a Danish
bank on the sole grounds of his non-Danish nationality.
After consideration of the case, the Committee adopted
the opinion43 on 17 March 1999 in which it recommended that:
● the state party (Denmark) take measures to counteract
racial discrimination in the loan market; and,
● the state party provide the applicant with reparation or
satisfaction commensurate with any damage he has
suffered.
20
of the communications examined and, where appropriate, a summary of the state party s explanations and
statements regarding the action it has taken in conformity with the Committee s suggestions and recommendations (Rules 95 and 96). Also, the full texts of the Committee s decisions are reproduced in an annexe to its
annual reports.
After the session — follow-up:
As in the case of the reporting procedure, it is important
that NGOs monitor what follow-up is being done on the
suggestions and recommendations of the Committee by
the state party concerned.
3. Other activities NGOs may wish
to consider
W
ithin the framework of ICERD, NGOs might also
undertake some of the following activities:
Information dissemination:
NGOs could:
● publicize documents related to ICERD;
● translate them into national or other minorities
languages;
● approach local authorities; housing, health and education authorities; the police; training bodies and other
agencies, and advise them on how to avoid discrimination;
● initiate public education campaigns to raise awareness
of race issues, and encourage others to play their part
in creating a just society;
● organize seminars and workshops for the general public as well as targeted groups of people about specific
issues relevant to racial discrimination in the country;
CERD members might be invited to provide their
expertise in the field; and,
● advise and make presentations to governments on race
issues, and keep members of the parliament, political
parties, national bodies and the media informed.
Assistance in enforcing the law:
NGOs could:
● conduct investigations on companies and organizations where there are allegations of discriminatory
practices; and,
● take legal action in cases involving racially discriminatory job advertisements.
ICERD: A GUIDE FOR NON-GOVERNMENTAL ORGANIZATIONS