CERD/C/112/D/74/2021 United Nations International Convention on the Elimination of All Forms of Racial Discrimination Distr.: General 5 June 2024 English Original: French Committee on the Elimination of Racial Discrimination Opinion adopted by the Committee under article 14 of the Convention, concerning communication No. 74/2021*, ** Communication submitted by: U.I. and G.I. (represented by counsel, Vadim Drozdov) Alleged victims: The petitioners State party: Switzerland Date of communication: 29 December 2020 (initial submission) Date of adoption of opinion: 26 April 2024 Document references: Decision taken pursuant to rule 91 of the Committee’s rules of procedure, transmitted to the State party on 7 January 2021 (not issued in document form) Subject matter: Racial discrimination in relation to the return of Roma asylum-seekers to North Macedonia Procedural issues: Admissibility; exhaustion of domestic remedies Substantive issue: Discrimination on the ground of national or ethnic origin Articles of the Convention: 2 (1) (a) and 5 (b) and (e) (iv) 1. The petitioners in the communication are U.I., born in 1989, and G.I., 1 born in 1996, both of Macedonian nationality and Roma ethnicity. They have been subject to an order of removal to North Macedonia as of 11 January 2021 and claim that, should the removal go ahead, the State party would be in violation of their rights under article 5 (b) and (e) (iv) read in conjunction with article 2 (1) (a) of the Convention. Switzerland acceded to the Convention on 29 November 1994 and made the declaration provided for in article 14 on 19 June 2003. The petitioners are represented by counsel. Facts as submitted by the petitioners 2.1 The petitioners have been married since January 2014 and have three children aged 6, 7 and 9 years. In North Macedonia, they did not have permanent jobs. They earned their living mainly by recycling plastic bottles and other waste. Their income came from the bottles * Adopted by the Committee at its 112th session (8–26 April 2024). ** The following members of the Committee participated in the examination of the communication: 1 Nourredine Amir, Michal Balcerzak, Pela Boker-Wilson, Chinsung Chung, Bakari Sidiki Diaby, Régine Esseneme, Jian Guan, Ibrahima Guissé, Chrispine Gwalawala Sibande, Gün Kut, Verene Shepherd, Stamatia Stavrinaki, Mazalo Tebie, Faith Dikeledi Pansy Tlakula, Abderrahman Tlemçani and Yeung Kam John Yeung Sik Yuen. The petitioners have requested anonymity for the purposes of the present communication. GE.24-07887 (E) 200624 240624

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