General Recommendations of the Committee on the Elimination of Racial Discrimination Non-discrimination General Recommendation no. XIV on non-discrimination as set out in Article 1 of the ICERD illustrates the scope and understanding of the meaning of discrimination.23 Special measures resulting in differential treatment will not constitute discrimination if they are temporary and only serve the purpose of placing a disadvantaged group and its members on an equal footing with the majority population as far as the enjoyment of all human rights is concerned. responsibilities, including respect for the rights and reputations of others. Article 4 also proscribes organizations that promote racist propaganda and ideas, and incite racial discrimination. The CERD stresses that states must monitor organizations or organized activities that are based on racist ideas, and undertake appropriate measures to declare their activities illegal. Gender and racial discrimination The CERD has adopted General Recommendation no. XI on non-citizens as referred to in Article 1, paragraph 2, of the ICERD, which grants a state limited rights to differentiate between citizens and non-citizens.24 Such differentiation is not regarded as discriminatory. The committee declares, however, that a state is not allowed to discriminate against a particular nationality of non-citizens living within the state and under no circumstances is to deny non-citizens the rights and freedoms provided for in other international human rights instruments. In March 2004, the CERD held a thematic discussion on noncitizens and a new General Comment is in the process of being adopted. General Recommendation no. XXV on gender-related dimensions of racial discrimination addresses the issue of the: ‘circumstances in which racial discrimination only or primarily affects women, or affects women in a different way, or to a different degree than men’.26 The CERD recognizes that women may face certain forms of racial discrimination specifically because of their gender, for example, sexual violence against women from particular ethnic groups during armed conflict. The committee also noted that women may face gender-related impediments, such as bias in the legal system that hinders access to justice, when they seek remedies for racial discrimination. In view of this, the CERD stated its commitment to further integrate a gender perspective and requested states parties to provide disaggregated data and information in their reports on factors affecting women’s enjoyment of the rights in the Convention. NGOs can assist in this by ensuring that their shadow reports contain disaggregated data and information on issues of double discrimination. Indigenous peoples Roma General Recommendation no. XXIII affirms that the ICERD is applicable to indigenous peoples. It calls on states to recognize and respect indigenous culture as an enrichment of the state’s cultural identity, and to ensure indigenous peoples are free from any discrimination. The CERD especially calls on states to recognize and protect the rights of indigenous peoples to control, develop and use their lands and resources. General Recommendation no. XXVII on Roma was issued following a thematic discussion on discrimination against Roma.27 In it, the CERD sets out a number of general measures for states to adopt to ensure the protection of Roma against racial discrimination. It also elaborates specific measures for protection against racial violence and in the areas of education, living conditions, media and participation in public life. States parties are requested by the committee to include in their reports: ‘data on Roma communities within their jurisdiction’ including information on their participation in public life, and their economic, social and cultural situation, with a gender equality perspective. Non-citizens Prohibition of incitement to racial hatred In General Recommendation no. XV on Article 4 of the ICERD, the CERD has demanded strengthened national implementation.25 Having received information on instances of organized violence based on ethnic origin and the political exploitation of ethnic difference, the committee stressed that the implementation of Article 4 is now of increased importance. The mandatory character of Article 4 obliges states to adopt appropriate legislation and to secure effective enforcement. According to the CERD, the prohibition on disseminating racist propaganda is compatible with the right to freedom of expression. In international law, that freedom carries certain limitations and MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS Descent The CERD held a thematic session on descent-based discrimination (see case study in section 3.5) and subsequently issued General Recommendation no. XXIX.28 It reaffirms that: ‘discrimination based on “descent” includes discrimination against members of communities based on forms of social stratification such as caste and analogous systems of inherited status’. The committee recommends 19