Notes
1 See, for example, General Recommendation XXI on
the right to self-determination, and General Recommendation XXIII on the rights of indigenous peoples.
2 See also the Manual on Human Rights Reporting,
Geneva, UN, 1997; and van Boven, T., The concept
of discrimination in the International Convention on
the Elimination of All Forms of Racial Discrimination , in W. K lin, (ed.), Das Verbot ethnisch-kultureller Diskriminierung: Verfassungs-und menschenrechtliche Aspekte, Basel, Geneva, Munich,
Helbing und Lichtenhahn, 1999.
3 CERD Annual Report, 1996, UN doc. A/51/18, para.
352.
4 General Recommendation VIII (38).
5 CERD s General Guidelines Regarding the Form and
Contents of Reports to be submitted by States Parties
under Article 9, para. 1, of ICERD (CERD/C/70/Rev.
4).
6 Ibid., see new para. 9 adopted by CERD at its 55th
session in August 1999 (CERD/C/70/Rev.4).
7 General Recommendation XI (42).
8 Initial report of Switzerland to CERD
(CERD/C/270/Add. 1), para. 56.
9 CERD Annual Report, UN doc. A/53/18, para. 57.
10 General Recommendation XIV (42).
11 General Recommendation XIII (42).
12 General Recommendation XIX (47).
13 Ibid.
14 General Recommendations VII (32) and XV (42).
15 Van Boven, op. cit.
16 At the relevant time Article 266 (b) provided: Any
person who, publicly or with the intention of disseminating it to a wide circle ( videre kreds ) of people,
makes a statement, or other communication, threatening, insulting or degrading a group of persons on
account of their race, colour, national or ethnic origin
or belief shall be liable to a fine or to simple detention or to imprisonment for a term not exceeding two
years.
17 Article 23, para. 1, reads: A provision establishing a
criminal offence shall apply to any person who has
assisted the commission of the offence by instigation,
advice or action. The punishment may be reduced if
the person in question only intended to give assistance of minor importance or to strengthen an intent
already resolved or if the offence has not been completed or an intended assistance failed.
44
18 CERD Annual Report, UN doc. A/45/18, para. 56,
quoted in van Boven, op. cit.
19 Jersild v. Denmark. The full text of the judgment of
the European Court of Human Rights is available on:
http://www.dhcour.coe.fr/hudoc/ViewRoot.asp?Item
=0&Action=Html&X=1017232056&Notic
e=0&Noticemode=&RelatedMode=0.
20 See Human rights seminar condemns promotion of
racism on the internet , UN Press Release HR/97/76,
17 November 1997.
21 Recommendations adopted at the 6th meeting of the
Persons Chairing the Human Rights Treaty Bodies, in
September 1995, UN doc. A/50/505, para. 20.
22 The Committee on Economic, Social and Cultural
Rights was established according to the ECOSOC
resolution 1985/17, and not formally as a treaty body
under the International Covenant on Economic,
Social and Cultural Rights. The Covenant had envisaged ECOSOC to serve as a monitoring body.
23 The usual practice is for a session to last three weeks,
but on a trial basis the Committee held four-week
sessions in August 1999 and 2000.
24 Examples are missions to Croatia, Guatemala and
Yugoslavia (Serbia and Montenegro).
25 At its 56th session held in March 2000, CERD decided to discuss and adopt a uniform approach in dealing with states reports, which might alter some of the
practices mentioned in this manual.
26 CERD Annual Report, UN doc. A/45/18, para. 29.
27 The manual can be ordered directly through UN Publications/Bookshop (see Useful addresses at the
back) or via the internet: http://www.unhchr.ch/
28 Article 9, para. 1 of ICERD reads: States Parties
undertake to submit to the Secretary-General of the
United Nations, for consideration by the Committee,
a report on the legislative, judicial, administrative or
other measures which they have adopted and which
give effect to the provisions of this Convention [ ] .
29 CERD s General Guidelines Regarding the Form and
Contents of Reports to be submitted by States Parties
under Article 9, para. 1, of ICERD, op.cit.
30 UN doc. CERD/C/319/Add. 2, submitted by the State
Party on 1 April 1997 and considered by CERD at its
52nd session in March 1998.
31 Van Boven, T., The petition system under the International Convention on the Elimination of All Forms
of Racial Discrimination; a sobering balance sheet ,
ICERD: A GUIDE FOR NON-GOVERNMENTAL ORGANIZATIONS