‘the State party to continue monitoring all trends
which may give rise to racial or ethnic segregation
and to work for the eradication of the resulting negative consequences’. 11
Another concern was that: ‘despite the widespread
occurrence of offences of discrimination, the relevant
domestic legal provisions against racist crimes are reportedly rarely applied’. The committee recommended training programmes for those administering justice, and
requested statistics on prosecutions and penalties for
racist crimes. The committee requested additional information from Brazil in areas where the state report lacked
information, including discrimination against Roma
concerning birth registration and access to schools, and
cultural rights of minorities, including the availability of
provisions for minorities and ethnic groups to receive
education in their language.
International Convention on the Elimination of All
Forms of Racial Discrimination Against Women
The CEDAW’s Concluding Observations address discrimination faced by all women and are therefore applicable to women from minority and majority communities. Increasingly, the committee is addressing issues of
multiple discrimination against minority women. The
increased involvement of minority NGOs in the work of
the CEDAW may have a positive impact on this trend
and further encourage the committee to pay attention to
this important issue. In January 2004, the CEDAW
examined the state reports of Ethiopia and Nepal. In its
Concluding Observations 12 on Ethiopia, however, there is
no mention of different ethnic communities and no
acknowledgement that minority women may face different or additional problems due to their minority status.
The committee mentions rural and urban differences,
and notes that the state failed to provide information on
the situation of older women or disabled women; and
appears not to recognize the specific situation and problems facing women from Ethiopia’s many different
minority and/or indigenous groups. In contrast, the
Concluding Observations on Nepal contain specific concerns and recommendations relating to women from ethnic groups and disadvantaged castes. The committee
expresses concern that there are fewer educational opportunities for ‘women of different castes and ethnic groups’
and recommends more intensive action to ensure equality
in education. Badi (a group of Dalit women engaged in
forced prostitution) is also addressed by the committee in
a section related to traditional cultural practices. The
extent to which the inclusion of minority-specific recommendations is due to the work of NGOs is difficult to
measure; however, the more that NGOs highlight issues
16
of multiple discrimination, the more likely the committee is to routinely pay increased attention to this area.
International Covenant on Economic, Social and
Cultural Rights
The CESCR examined the state report of the Russian Federation in November 2003. A number of concerns and
recommendations in the Concluding Observations 13
address a variety of issues affecting different minorities.
The committee expresses its deep concern over the poor
living conditions in Chechnya and ‘while acknowledging
the difficulties caused by the ongoing military operation’,
urges the state to ‘allocate sufficient funds to reinstate basic
services’. In addressing the problem of a lack of identity
documents leading to limitations on access to work and
services, such as health and education, the committee
highlighted its concern that some groups, including Roma,
are particularly affected. They expressed concern over the
‘precarious situation of indigenous communities’ affecting
their right to self-determination, noting that a law to protect the land rights of indigenous communities in the
north, Siberia and far-east of the state has not been implemented. Recommendations included: the effective implementation of this law and measures to ensure indigenous
peoples are not deprived of their means of subsistence,
along with taking effective measures to improve their
health. The committee was also concerned about reports
that some ethnic groups had been denied the possibility of
exchanging old Soviet passports for Russian Federation
passports. The effect of this was that these groups would
be left unregistered when Soviet passports expired at the
end of 2003. The committee called for measures to ensure
that local authorities legalized ‘the residence of Mesketians
and members of other ethnic groups’.
3.3 General Comments
International instruments contain the human rights and
minority rights standards, but the official treaty monitoring bodies provide important contributions to the interpretation and application of the standards. Their deliberations are important and should be read together with the
standards, because precedents carry considerable weight in
international organizations just as they do in national
legal systems.
Treaty monitoring bodies’ General Comments (sometimes called General Recommendations) provide guidance
to states when reporting to the committees and serve to
interpret or elaborate on the various treaty provisions, and
to summarize the practice of the treaty bodies. They also
clarify terminology and definitions relating to the various
rights and freedoms. However, it is important to note that
General Comments or Recommendations are not legally
MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS