A/78/306
Americas, offered an opportunity for taking stock on implementation and planning
future action. 25
53. The regional and annual forums benefited from contributions from expert
panellists who provided recommendations to address some of the most pertinent
challenges to minority rights. In 2022, recommendations emanating from the Forum
and the mandate of the Special Rapporteur generally revolved ar ound four axes:
advocating for the adoption of stronger legal protection of minority rights at national
and international levels; mainstreaming minority rights in United Nations work;
providing the support and means for the effective participation of minor ities in
decisions that concern them, including at the United Nations; and developing a treaty
to better recognize and protect minorities and to complement the nine articles of the
Declaration. The recommendations of the annual session were submitted by th e
Special Rapporteur on minority issues to the Human Rights Council at its fifty -second
session, in March 2023. 26
C.
Human rights treaty bodies
54. The COVID-19 pandemic exposed discrimination and exacerbated inequalities
within and among countries. It was within that context that the Committee on the
Elimination of Racial Discrimination started the elaboration of a general
recommendation on racial discrimination and the right to health under article 5 (e) (iv)
of the International Convention on the Elimination of All Forms of Racial
Discrimination. The Committee convened a day of general discussion on 23 August
2022, during its 107th session, and received submissions from States parties, national
human rights institutions, international and regional organizations and mechanisms,
and non-governmental organizations. 27 On 23 April 2023, the Committee announced
that it had adopted a first draft of the general recommendation. The aim of the
document was to clarify the obligations undertaken under the International Convention
on the Elimination of All Forms of Racial Discrimination regarding the right to health,
building on the evidence-based link between racial discrimination and the right to
health. In the document, it was stated that racial discrimination in the enjoyment of
the right to health followed similar trajectories for Indigenous Peoples, people of
African descent, certain castes, national or ethnic minorities, and non-citizens, and
recommendations were put forward for States and other stakeholders. 28
55. In its concluding observations to States parties under review during the
reporting period, the Committee on the Elimination of Racial Discriminati on
highlighted several areas where States should undertake measures to implement the
Convention. Regarding representation and participation, the Committee
recommended that the necessary special measures or affirmative action aimed at
eliminating the structural discrimination faced by Indigenous Peoples, minorities,
including Roma, people of African descent and non-nationals be adopted at all levels
of government and that effective measures be adopted to ensure their full
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25
26
27
28
14/17
See www.ohchr.org/en/special-procedures/sr-minority-issues/regional-forums-minority-issues.
The outcome documents of the regional forums are available at www.ohchr.org/en/events/
forums/2022/fifteenth-session-forum-minority-issues.
See www.ohchr.org/en/events/days-general-discussion-dgd/2022/thematic-discussion-racialdiscrimination-and-right-health.
The draft is available at www.ohchr.org/en/documents/general-comments-and-recommendations/
first-draft-general-recommendation-no-37-2023-racial.
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