Examples of follow-ups:
• NGOs can inform the public through the media
and/or their own publications about relevant aspects
of committee proceedings. Concluding Observations
may be important not only for states but also for
NGOs. Organizing workshops or similar meetings
may be considered to discuss actions for the implementation of the recommendations contained in the
Concluding Observations. Analysis of, and commentary on, the Concluding Observations might help
people to understand the implications of the committee’s recommendations for the domestic situation.
Translation of the Concluding Observations into
national and/or other minorities’ languages is equally
important.
• Involvement of parliamentarians is particularly important in the follow-up process, as some of the recommendations can be implemented only if a certain law
is enacted or amended, or other legislative or administrative measures are taken.
• NGOs may also approach relevant ministries/departments, local authorities, associations or trade unions in
order to make them aware of the state’s obligations in
the Convention and the committee’s recommendations to the state.
• To put pressure on a government to implement the
committee’s recommendations, NGOs might also
draw the attention of other UN forums – other treaty
bodies, the CHR or its subsidiary organs – to those
recommendations that have particular relevance to
their respective mandates.
• Concluding Observations can also be used within
other frameworks – regional and international – for
example, the European Roma Rights Centre (ERRC)
refers to them wherever appropriate in its legal briefs
to, for example, the European Court of Human Rights
in Strasbourg.
• Concluding Observations can be used legally to challenge domestic law, especially when a state’s Constitution incorporates human rights.
• The follow-up, in particular on the recommendations
contained in Concluding Observations, should also be
considered as the first stage in the preparation of a
next shadow report.
The following sections give a brief example of Concluding
Observations relating to minorities issued by some of the
treaty bodies.
International Covenant on Civil and Political Rights
The HRC reviewed the report of Slovakia in July 2003.
In its Concluding Observations,10 the committee specifically mentioned the Roma minority in six out of its 13
MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS
principal subjects of concern. The committee expressed its
concern at: ‘persistent allegations of police harassment
and ill-treatment during police investigations, particularly of the Roma minority’ and at ‘reports that Roma are
often victims of racist attacks, without receiving adequate
protection from law enforcement officers’. They recommended the government take action to eradicate these
problems and to protect Roma, as well as investigating
and prosecuting perpetrators. Another committee concern is of reports of the forced sterilization of Roma
women and that the state response appeared to implicitly
admit to breaches of the principle of informed consent.
Rights to education, health and social services are not
provided for in the ICCPR; however, Article 26 provides
for non-discrimination in all areas of law. The HRC
noted measures taken to improve the health and employment of Roma and expressed its concern at the:
‘grossly disproportionate number of Roma children
assigned to special schools designed for mentally disabled children, which causes a discriminatory effect, in
contravention of article 26 of the Covenant’.
They recommended Slovakia take:
‘immediate and decisive steps to eradicate the segregation of Roma children in its educational system by
ensuring that differentiation within education is
aimed at securing attendance in non-segregated schools
and classes. Where needed, the State party should also
provide special training to Roma children to secure,
through positive measures, their access to education
without discrimination’.
As follow-up, the HRC requested that Slovakia provide
information on the implementation of these recommendations within one year.
International Convention on the Elimination of All
Forms of Racial Discrimination
In March 2004, the CERD examined the state report of
Brazil. It welcomed a number of positive measures,
including: a new civil code that eliminates discriminatory
restrictions on indigenous peoples’ civil rights, and the
modification of a law on discrimination on the basis of
race or colour to include discrimination based on ethnicity, religion and nationality. The CERD highlighted a wide
range of concerns, particularly relating to the position of
black, mestizo, indigenous and Roma communities. One
issue was de facto racial segregation and the committee
reminded Brazil that: ‘racial segregation may also arise
without any initiative or direct involvement by the public
authorities’ and encouraged:
15